Maureen O'Sullivan (Dublin Central, Independent)
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177. To ask the Minister for Agriculture, Food and the Marine the action he will take in response to the recent death of a horse during a sulky race in County Tipperary; the current legal status of sulky racing here; his plans to ban such activities which prove harmful to the animals involved; and if he will make a statement on the matter. [7127/14]

Simon Coveney (Cork South Central, Fine Gael)
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I understand that the matter to which the Deputy refers is being investigated by An Garda Síochána. This investigation is currently ongoing. Like all activities on the public road, sulky racing is governed by the Road Traffic Acts and imposes an obligation pursuant to these acts on the person engaged in this activity to drive their vehicles with due care for other road users and not to indulge in dangerous driving of the vehicles. In conjunction with the Dept of Transport, my Department is examining the legal avenues are available to regulate this activity. Under the Control of Horses Act 1996, Local Authorities have the power to introduce bye-laws regulating activities involving horses in their functional area.

While not all sulky racing involves a threat to animal welfare, under the Animal Health and Welfare Act a person involved in any activity relating to animals is obliged to take all necessary measures to protect the welfare of an animal under his or her control. At present, cruelty to animals is dealt with by the Protection of Animals Act 1911 (as amended by the 1965 Act). Responsibility for pursuing cases under this legislation rests with the Garda Síochána, who may on receipt of a complaint investigate and bring a prosecution against any person alleged to have committed an offence under this Act.