Written answers

Tuesday, 18 September 2018

Department of Agriculture, Food and the Marine

Animal Welfare

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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594. To ask the Minister for Agriculture, Food and the Marine the number of prosecutions for cruelty to horses in counties Tipperary and Limerick. [37253/18]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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The introduction of the Animal Health and Welfare Act 2013 provided for increased levels of penalties for animal welfare offences committed. For major cases taken on indictment, the maximum penalty was increased from €100,000 to €250,000, with a maximum custodial sentence of five years imprisonment.

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.

An investigation into suspected abuse 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. Where non-compliance or breaches of the Act are encountered, a range of measures can be used by an authorised officer depending on the severity and scale of the non-compliance. Minor non compliances may be addressed by means of advice or guidance or reference to codes of practice. For more serious issues, formal notices requiring specific corrective actions and/or fixed penalty notices may be issued. In the most serious cases, authorised officers will prepare files for prosecution, and some cases will require the seizure of animals on welfare grounds.

At present a number of suspected cases of equine neglect are under investigation in Limerick and Tipperary.

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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595. To ask the Minister for Agriculture, Food and the Marine the way in which he is ensuring that the five freedoms as expressed in the Animal Health and Welfare Act 2013 are being complied with for horses, especially for those families and persons that have multiple numbers of horses. [37254/18]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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The Animal Health and Welfare Act 2013 establishes a modern and robust legislative framework within which compliance with animal welfare standards are monitored. The basic principles of animal welfare, popularly referred to as the “five freedoms” are reflected in the detailed provisions of the Act. In particular, section 11 requires a person who has an animal in his or her possession or under his or her control to take all measures necessary to safeguard the welfare of the animal. Section 12 contains an explicit obligation not to cause unnecessary suffering to any animal and enjoins a person not to be negligent or reckless regarding the welfare of an animal. Section 13 of the Act obliges a person having an animal in his or her possession or under his or her control to provide the animal with suitable food and water to satisfy its needs.

An investigation into suspected abuse 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. Where non-compliance or breaches of the Act are encountered, a range of measures can be used by an authorised officer depending on the severity and scale of the non-compliance. Minor non compliances may be addressed by means of advice or guidance or reference to codes of practice. For more serious issues, formal notices requiring specific corrective actions and/or fixed penalty notices may be issued. In the most serious cases, authorised officers will prepare files for prosecution, and some cases will require the seizure of animals on welfare grounds.

My Department continues to support the animal welfare sector directly with a scheme of ex-gratia payments. In December 2017, 111 animal welfare organisations received funding of €2.56m which represents the largest annual amount allocated to date. A significant number of these organisations are involved in the care of unwanted horses and assist in important re-homing initiatives. In addition funding is provided to local authorities for the development of education and training programmes including new structures to provide shelter for the urban horse population with the aim of reducing the number of straying animals and encouraging young people in the care and welfare of horses.

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