Clare Daly (Dublin Fingal, Independent)
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68. To ask the Minister for Agriculture, Food and the Marine the procedure followed by inspectors when they are required to visit properties in which there has been a report made by an organisation (details supplied) of suspected animal welfare abuses. [23624/18]

Michael Creed (Cork North West, Fine Gael)
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The procedures followed by authorised officers of my Department in carrying out inspections are governed by the Animal Health and Welfare Act 2013. This is a modern Act and is the main legal instrument available to my Department to enforce animal welfare standards. This Act was passed following a constructive and extensive debate and all sides of this House engaged in the issues in a spirit of co-operation, significantly improving the Bill in the course of its passage.

In the context of the Deputy’s question, particular attention should be paid to section 38 of the Act which establishes the framework within which officers of my Department carry out inspections. Before entering on land or premises, an authorised officer must have reasonable grounds to do so. Where the officer has reasonable cause for believing that an offence may be involved, the officer may exercise a range of powers in the interest of animal welfare for the purposes of enforcing the Act. The Deputy will notice that the Act places emphasis on the fact that the actions of the officer must be based on “reasonable grounds”.

In the normal course, investigations are carried out by authorised officers of my Department based in 16 regional veterinary offices around the country. An investigation will invariably involve a visit to the land or premises concerned, a veterinary assessment of animals and the conditions in which they are kept and, where appropriate, gathering physical or documentary evidence; the person having possession or control of the animal or animals concerned will normally be interviewed. Formal notices requiring specific corrective actions may be issued. Whilst there is a strong focus by authorised officers on ensuring compliance, where breaches of the Act are encountered, a file is prepared and the responsible person is prosecuted should the evidence support this course of action.

It remains my policy that animal welfare standards are vigorously applied in a fair and even-handed manner. Those responsible for causing unnecessary suffering to animals or being negligent regarding animal welfare are and will continue to be prosecuted through the Courts; some 46 individuals have been successfully prosecuted in the past few years and a further 32 cases are in preparation or remain before the Courts. The determination of any particular case is of course, a matter for the trial court and it would be a gross violation of the separation of powers enshrined in the Constitution for the executive to interfere in this regard.

It continues to be my policy that neglect of, or causing unnecessary suffering to, animals is not acceptable in our society and my Department continues to enforce the law as does An Garda Siochana and the Irish Society for the Prevention of Cruelty to Animals and the Dublin Society for the Prevention of Cruelty to Animals.