Bernard Durkan (Kildare North, Fine Gael)
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523. To ask the Minister for Agriculture, Food and the Marine the extent to which animal welfare regulations continue to apply to non-thoroughbred sporting and non-sporting horses; the extent to which owner identification registration is currently managed or can be better managed; and if he will make a statement on the matter. [6858/14]

Simon Coveney (Cork South Central, Fine Gael)
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My Department currently has statutory responsibility for 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, S.I. 311 of 2010. Veterinary inspectors of my Department enforce this legislation on farms.

The main statutes governing cruelty to all animals, including non-thoroughbred sporting and non-sporting horses, are the Protection of Animals Act 1911 and the Protection of Animals (Amendment) Act, 1965. Responsibility for enforcing this legislation rests with An Garda Síochána. However, the new Animal Health and Welfare Act consolidates a range of existing legislation in the area of animal welfare. Section 11 of the Act imposes a duty of care on persons in relation to all animals including horses. A person who has a horse(s) in his or her possession or under his or her control must take all necessary steps to ensure the animal is kept and treated in a manner that safeguards its health and welfare and a person who fails to comply with these provisions commits an offence.

With regard to horse welfare, it is important to note the advice of the Farm Animal Welfare Advisory Council (FAWAC) which recommends that, in situations where an owner can no longer adequately provide for an animal or where the equine can no longer fulfil the purpose for which it was bred, owners should be proactive in seeking to dispose of the animals before their welfare is compromised. Such action will help prevent the emergence of long-term and severe animal welfare problems.

The identification and registration of equidae is governed by EU Council Directives 90/426/EEC and 90/427/EEC and Commission Regulation (EC) No 504/2008, which have been transposed into national legislation via S.I. No. 357 of 2011 - European Communities (Equine) Regulations 2011 (as amended). The EU regulation does not provide for the notification of change of ownership. However, my Department is currently in the process of drafting legislation to provide for the compulsory notification of change of ownership under the Animal Health and Welfare Bill. I expect that this legislation will be published shortly.

Proposals to amend Regulation 504/2008 are currently under examination in Brussels. When adopted, the new regulation will significantly strengthen the existing provisions relating to the identification of horses, in particular, by the introduction of an equivocal link between the passport and the horse and notification of change of ownership where this is required by the national of the Member State. It will also give greater powers to the competent authorities in Member States to ensure the effective implementation of these provisions, including through the introduction of minimum criteria which must be met by bodies which issue passports for horses for production and breeding. The expected date of implementation of the new regulation is 1 January 2015.

Bernard Durkan (Kildare North, Fine Gael)
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524. To ask the Minister for Agriculture, Food and the Marine the number of reports of mistreatment of horses of which his Department has been made aware in each of the past three years to date; the extent to which breaches in animal welfare were identified; the action taken or proposed to address such issues; and if he will make a statement on the matter. [6859/14]

Simon Coveney (Cork South Central, Fine Gael)
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In the course of my first year as Minister, I asked my Department to set up a dedicated animal welfare helpline. This helpline has been in operation since early 2012 and the following calls have been received in relation to horses:

A number of calls are also received directly by District Veterinary Offices (DVOs). These are assessed at local level by a Department Veterinary Inspector and followed up as appropriate. Data on the number of calls received at DVO level is not held centrally. Actions taken in response to reports of mistreatment included the issuance of welfare notices, confiscation of horses and a number of prosecutions. This data is currently being collated, together with details of prosecutions, and will be forwarded to the Deputy as soon as possible.

The majority of these horses are removed under the Control of Horses Act by the relevant Local Authority. Unfortunately many of the animals in question are unidentified, making prosecution very difficult. The on-going work being undertaken by local authorities in conjunction with the Department via the Control of Horses Act, 1996 has reduced the numbers of abandoned horses throughout the country particularly in urban areas. Local authorities are humanely disposing of a considerable number of horses seized under the Control of Horses Act on an on-going basis where there is no possibility of re-homing or returning these horses to their owners.

As well as setting up the helpline, I have introduced a number of important legislative measures aimed at improving horse welfare. In May 2012 I introduced Regulations that make the registration of premises where horses are held obligatory. I also published a new updated Statutory Instrument on equine identification in March 2013. My Department has also established an equine central data base.

Furthermore, potentially cruel activities involving animals will be specifically prohibited under the new Animal Health and Welfare Act and involvement in such activities will be an offence. The Act will also require persons possessing animals to safeguard their welfare and provide them with adequate food, water and shelter. The Act also contains provisions for powers of intervention where an animal is deemed to be at risk of being welfare compromised and the level of penalties to be imposed has been increased.