Paul Murphy (Dublin South West, RISE)
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293. To ask the Tánaiste and Minister for Justice and Equality if she agrees that there is a need for comprehensive hate crime legislation in Ireland to help tackle the harassment and attacks committed against the LGBT+ community; and if she will make a statement on the matter. [36837/22]

Helen McEntee (Meath East, Fine Gael)
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As the Deputy is aware, Ireland has become a more diverse and welcoming country in recent decades.

I strongly condemn the actions of the small minority of people who subject others to abuse or attack resulting from their own prejudice. These types of attacks cannot, and will not, be tolerated.

On 16 April 2021, I published the General Scheme of the Criminal Justice (Incitement to Hatred and Hate Crime) Bill 2021 following an extensive public consultation. The General Scheme was then referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny. This took place in November 2021 and the report was published in April 2022.

I am committed to advancing work on the Bill this year.

This Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. The aggravated offences will generally carry an enhanced penalty, compared to the ordinary offence, and the record of any conviction for such an offence would clearly state that the offence was a hate crime.

Following receipt of the Justice Committee’s report in April, my officials have been examining the recommendations made. Some of these recommendations have required further legal advice, and consultation with key stakeholders.

I was very glad to meet recently during Pride week with representatives of the LGBTI+ non-governmental organisations to discuss a range of concerns including their wish to see this Bill enacted as soon as possible.

Drafting of the Bill is underway with the Office of Parliamentary Counsel, and I expect that the Bill will be published in the coming period.

Paul Murphy (Dublin South West, RISE)
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294. To ask the Tánaiste and Minister for Justice and Equality the action that the Garda authorities are taking to tackle the ongoing issue of stolen dogs; if there has been any changes made to legislation in relation to same; and if she will make a statement on the matter. [36842/22]

James Browne (Wexford, Fianna Fail)
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Pet theft is an incredibly cruel crime which causes huge trauma for pet owners all over the country. I fully appreciate the strong emotional attachment we all have to our pets and that theft not only leads to their loss in our lives, but also a high level of concern for their welfare. It is also a crime which often affects, and is indeed often targeted against, older and particularly vulnerable people, for whom their pet is of huge emotional importance.

It is important to emphasise that theft offences already apply to this crime, and can carry very heavy penalties. The Criminal Justice (Theft and Fraud Offences) Act 2001 provides for a maximum sentence of 10 years imprisonment in the case of offences of theft and handling of stolen property; while a maximum sentence of 5 years imprisonment is provided for the offence of possession of stolen property.

When imposing sentence, judges are not limited to considering the monetary value of a pet – the emotional distress to the victim caused by the offence is absolutely relevant and can be, and is, taken into account where appropriate. However, I acknowledge that the existing offence considers the offence as being one against property rather than a person or an animal and I am committed to examining the options to address the issue, including, if necessary, making legislative changes.

From an enforcement perspective, An Garda Síochána takes this issue very seriously and has conducted several important actions against those responsible. Gardaí have also disseminated information through the national Crime Prevention Officer Network regarding keeping animals secure and preventing these forms of theft. The Garda National Crime Prevention Unit's advice on pet safety, which is in line with the advice from animal welfare groups and animal insurance companies about keeping animals safe, can be viewed on the Garda website.

I would like to emphasise the importance of microchipping. Every dog must be microchipped by the time it reaches 12 weeks of age, or earlier if it is sold or moved from its place of birth (Microchipping of Dogs Regulation 2015), and the microchip must be registered with an authorised database. Microchipping of all dogs protects the animals’ welfare, and assists with speedy identification of lost or stolen dogs and their owners. It is an offence to keep a dog over 12 weeks that has not been chipped and it is an offence to sell such a dog. Microchips can be easily checked at vets and by Gardaí. They are by far and away the most effective means of tracking and identifying dogs.

The Department of Agriculture have also made regulations covering the advertising for sale of animals under the Animal Welfare (Sale or Supply of Pets Regulations) 2019.

The Deputy will note from the figures from PULSE in the table below that the number of dog thefts to date in 2022 is considerably lower than in the preceding years, particularly 2020 and 2021 during the Covid pandemic.

*2022 information is up to and inclusive of 05 July 2022 Figures are operational and subject to change.