Tommy Broughan (Dublin Bay North, Independent)
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463. To ask the Minister for Agriculture, Food and the Marine the number of prosecutions under the Animal Health and Welfare Act 2013, in 2016 and to date in 2017; the number of prosecution files being processed; and if he will make a statement on the matter. [42561/17]

Tommy Broughan (Dublin Bay North, Independent)
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464. To ask the Minister for Agriculture, Food and the Marine the number of convictions under the Animal Health and Welfare Act 2013, in each of the years 2014 to 2016 and to date in 2017, by district; the number of prosecution files being processed; and if he will make a statement on the matter. [42562/17]

Michael Creed (Cork North West, Fine Gael)
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I propose to take Questions Nos. 463 and 464 together.

The Animal Health and Welfare Act 2013 has changed the basis upon which animal owners must treat their animals and is specifically designed to allow early intervention in a much wider range of cases than the previous legislation allowed for. Thus minor cases can be tackled before they escalate and the Act is a vehicle to encourage and educate animal keepers. This new approach means that authorised officers are addressing problems while they are relatively minor, reducing the risk of escalation.

Enforcement is a complex issue, so a progressive aspect of the Act is that it does not just focus on prosecution, which is only appropriate in cases where there have been serious welfare issues that can be clearly demonstrated to the courts. The new enforcement approach reflects the need to intervene as early as possible in animal welfare situations. This approach is aided by The Early Warning/Intervention System (EWS) initiative introduced by the Farm Animal Welfare Advisory Council involving, amongst others, my Department, the Irish Farmers' Association and the Irish Society for the Prevention of Cruelty to Animals which provides a framework within which farm animal welfare problems can be identified before they become critical or overwhelming.

The Act provides for animal health and welfare notices to be issued by authorised officers. This means that minor situations can be addressed at an early stage and that encouragement, guidance and best practice are introduced rather than just punishment. It also provides for fixed penalty notices to be issued in minor cases and allows authorised officers to seize and re-home animals where the owner’s capacity to care for their animals is being overwhelmed. Furthermore the Act contains provisions that where an individual convicted of serious animal welfare offences may be banned by the courts from keeping animals, or indeed have the numbers of animals they may keep restricted.

The provisions of the Act are enforced by authorised officers of my Department, An Garda Siochana, officers of Customs and Excise and authorised officers of ISPCA and DSPCA, along with individual officers of the Turf Club and Bord na gCon. This approach provides a large cross section of experienced officials whom are aware of welfare issues and can flag them up as and when they arise.

The table sets out the position in respect of cases initiated and prosecuted for the years 2014-16. Ten cases have been initiated in 2017.

An Garda Siochána may initiate cases independently of my Department.

By date of offence