Clare Daly (Dublin North, United Left)
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439. To ask the Minister for Environment, Community and Local Government if scanning for microchips is compulsory in all dog pounds. [35629/15]

Alan Kelly (Tipperary North, Labour)
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My Department has no direct role in the management or operation of local authority dog shelters. Under the Control of Dogs Acts, local authorities are responsible for operating and managing dog control services in their administrative areas, including the management of dog shelters. Scanning for microchips in dog shelters is not compulsory and is a matter solely for consideration by the relevant local authorities. That said, it is obviously a useful tool in returning animals to their owners and I would consider it good practice for dog shelter operators to act accordingly.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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440. To ask the Minister for Environment, Community and Local Government if the local authorities hold a register of puppy breeders who have been found to be in breach of legislation but who have not received a conviction for animal cruelty; if such breeders can obtain a licence to continue breeding; if puppy breeders who have received a conviction for animal cruelty are allowed to obtain a licence to continuing breeding; and if he will make a statement on the matter. [35640/15]

Alan Kelly (Tipperary North, Labour)
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The regulation of dog breeding establishments is a matter for local authorities in accordance with the Dog Breeding Establishments Act 2010.

Section 9 of the Act requires each local authority to establish and maintain a register of dog breeding establishments situated in their respective functional areas and persons intending to operate such establishments must apply to their relevant local authority for inclusion in the register. If successful, the applicant will be awarded a “registration certificate” confirming registration.

In considering such applications, local authorities shall not register an establishment if, for example, by reason of an offence committed by the applicant under the Dog Breeding Establishments Act 2010 or Control of Dogs Act 1986, or an offence involving cruelty to an animal, the local authority considers such refusal necessary to safeguard animal welfare.

Similarly, in accordance with section 12 of the 2010 Act, a local authority may apply to the District Court for an order removing an establishment from the register if, in the context of a “relevant contravention” of the legislation, it is considered necessary for safeguarding an animal’s welfare. Where such an order is granted removing an establishment from the register, the relevant local authority is required to enter a statement in the register, stating the reasons for the removal , and the operator is required to surrender its registration certificate.

Subsequent applications by such operators for inclusion in the dog breeding establishment register would be considered by local authorities in accordance with the provisions of section 9 of the 2010 Act and the need to safeguard animal welfare.