Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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44. To ask the Tánaiste and Minister for Justice and Equality if he will outline the role that An Garda Síochána has in the enforcement of legislation regarding animal welfare concerns; and if he will make a statement on the matter. [7545/23]

Simon Harris (Wicklow, Fine Gael)
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As the Deputy will appreciate, legislation and policy regarding animal welfare rests with the Minister for Agriculture, Food and the Marine.

The Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended), including all operational policing matters. As Minister I have no role in these independent functions. 

I am advised by An Garda Síochána that Garda members are authorised officers under Section 2 of the Animal Health and Welfare Act 2013 (as amended).

Many of the functions and powers of an authorised officer are set out in section 38 of the Act. Section 38(4) allows an authorised officer to seize an animal where he or she has reasonable grounds for believing an offence under the Act is being committed or a disease is present.

Section 23(2) of the Act allows an authorised officer to destroy an animal without the consent of the owner if it is deemed to be a danger to life or property.

Section 38A deals with the costs associated with the detention of a seized animal. If the reasonable costs of detention are not paid within 14 days of a notice being served on the relevant person, the animal may be disposed of.

Under Section 23(4) if an authorised officer in performance of the functions conferred on the officer under section 38(4)(v) seizes and detains an animal, the officer may, if he or she considers it reasonable to do so, kill the animal or cause the animal to be killed in such manner as to inflict as little suffering as possible in the circumstances.

Other destruction powers can be found in section 44(2) (where a person fails to comply with an animal health and welfare notice) and section 59(2) (where a person breaches a disqualification order).

Section 11(2) of the Control of Dogs Act 1986 allows a member of An Garda Síochána to seize and detain a stray dog. An entry is then made in the register of seized dogs and attempts are made to notify any known owner. A seized dog under this subsection can be destroyed after five days have passed, as per Section 11(4).