Jack Wall (Kildare South, Labour)
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Question 268: 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 he will take to alleviate such concerns; and if he will make a statement on the matter. [13282/11]

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, North and South, 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 its 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 have met with the person named last week to explain the Department's position.