Jack Wall (Kildare South, Labour)
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Question 90: To ask the Minister for Agriculture, Fisheries and Food the actions he has undertaken or is planning regarding the content and the industry reply to the UCD report on animal welfare; and if he will make a statement on the matter. [13156/11]

Jack Wall (Kildare South, Labour)
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Question 91: To ask the Minister for Agriculture, Fisheries and Food the responsible agencies for animal welfare (details supplied); if he proposes any changes to such responsibility; his plans for legislation; and if he will make a statement on the matter. [13157/11]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 90 and 91 together.

In June 2010 UCD launched a report entitled 'Challenges and Solutions to Support Good Equine Welfare Practice in Ireland'. The report highlighted a number of factors including the increasing numbers of horses at risk of being abandoned and the necessity for a comprehensive system of equine identification.

The response from the Equine Industry to the report has been positive. It remains committed to working with the Department to address welfare issues as it relates to the equine industry and considers that a quantitative study of equine welfare cases in Ireland should be established.

My Department together with the Industry takes a very serious view of the issue of horse welfare and our response, notwithstanding the fact that the primary responsibility for the welfare of an animal rests with the owner or keeper, is to ensure there is comprehensive legislation in place to deal with horse's welfare issues arising.

My Department's responsibility in the area of animal welfare extends to the welfare and protection of farmed animals only i.e. animals normally bred or kept for the production of food or for use in, or for the purposes of, the farming of land or of animal husbandry. The relevant legislation in this area is The Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010, S.I. 311 of 2010. Animals used in competitions, shows, cultural or sporting events or recreational activities fall outside the scope of S.I. 311 of 2010.

The principal statutes governing cruelty to all animals, including horses, in Ireland is The Protection of Animals Acts 1911 and The Protection of Animals (amendment) Act 1965. This legislation is enforced by An Garda Síochána, who may on receipt of a complaint investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.

The Turf Club while having no statutory responsibility for animal welfare can, depending on the nature of a complaint made, investigate such complaint (provided it relates to a licensee) and refer the matter to the Garda Síochána if intervention is required. If the Turf Club investigators find that welfare issues concerning a licensee are of such magnitude that the matter requires immediate intervention, there is power under its rules to suspend the licence of any person. In the event of a licensee being convicted in court for an animal welfare offence relating to a racehorse the Turf Club can then deal with that person under its rules concerning the preservation and good reputation of horse-racing.

Horse Racing Ireland (HRI) has responsibility under the Horse and Greyhound Racing Act 2001 for the provision of support it deems appropriate to maintain the health and welfare status of the thoroughbred horse. In order to carry out this function, HRI provides annual grant aid to the Irish Equine Centre and, from time to time, to horse welfare organisations. In 2009, all the key bodies in the industry produced a comprehensive booklet entitled "Promoting Responsible Thoroughbred Ownership" to provide advice for owners in relation to best practice in relation to welfare matters. At race meetings, the racecourses employ specialist vets to deal with horse injuries or fatalities under guidelines issued by the Turf Club, while the Stewards of the meeting have the power under Turf Club rules to deal with specific welfare matters such as use of the whip.

There are legislative commitments relating to animal welfare in The Programme for Government 2011, including a commitment to amend and strengthen animal welfare legislation. A draft Animal Health and Welfare Bill giving effect to this commitment is in the course of preparation. The Bill will consolidate and update existing legislation in the area of animal health and welfare with the aim of ensuring that the welfare of all animals, including non-farm animals, is properly protected.

Mindful of the equine identification issue highlighted in the UCD report, national legislation on equine identification is currently being finalised in my Department. The Industry had identified the necessity for a quantitative study to be carried out on equine welfare cases in Ireland. In this regard I have recently announced funding of €10,000 to assist the Irish Equine Centre who is undertaking, at the request of the Irish Thoroughbred Breeders Association, a demographic study to determine the extent of the unwanted horse population in Ireland.

My Department will continue to actively engage with all stakeholders to ensure the continued protection of equine health and welfare.

Jack Wall (Kildare South, Labour)
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Question 92: To ask the Minister for Agriculture, Fisheries and Food if his attention has been drawn to the concerns of a person (details supplied) in County Laois regarding animal welfare; the actions taken to alleviate such concerns; and if he will make a statement on the matter. [13158/11]

Simon Coveney (Cork South Central, Fine Gael)
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I am aware of the issues raised by the person to whom the Deputy refers. There has been extensive contact between the individual concerned and officials from my Department. It is my understanding that the complaints made by this individual to the relevant regulatory bodies have been investigated and the outcome of those investigations have been made known to the complainant.

My Department's responsibility, which is set down in legislation, extends to the welfare and protection of farmed animals only i.e. animals normally bred or kept for the production of food or for use in or for the purpose of farming. The relevant legislation in this area is the Protection of Animals Kept for Farming Purposes Act 1984 and the European Communities (Welfare of Farmed Animals) Regulations 2010, SI 311 of 2010. Animals "used in competitions/shows, cultural or sporting events or activities while so being used" are outside the scope of SI 311 of 2010. Accordingly it is clear that the complaints forwarded by the named individual to this Department are not covered by this legislation and thus fall outside the remit of the Department. My Department must act at all times in accordance with legislation. The principal statutes governing cruelty to all animals, including horses, in this country are the Protection of Animals Acts 1911 and 1965. Responsibility for pursuing cases under this legislation rests with An Garda Síochána, who may on receipt of a complaint investigate and bring a prosecution against any person alleged to have committed an offence under these Acts.

This Department has clarified it's position in this matter both verbally and in writing in recent months by way of direct contact with the individual and also in a response issued to earlier representations made on his behalf. I have written to this person (12th May 2011) and explained to him that my Department has no role, or jurisdiction, in resolving the issues referred to and that it is for him to decide if he wishes to report these matters to the Gardaí or indeed if he wishes to institute civil proceedings. Officials from my Department will meet with the person named this week to explain the Department's position.