Written answers
Tuesday, 18 June 2024
Department of Agriculture, Food and the Marine
Animal Slaughtering
Réada Cronin (Kildare North, Sinn Fein)
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271. To ask the Minister for Agriculture, Food and the Marine if he will publish all inspection reports undertaken by his Department; if he will publish the criteria by which a welfare officer is appointed and monitored in their role; if the officer at this company reached and maintained such criteria; and if he will make a statement on the matter. [26281/24]
Charlie McConalogue (Donegal, Fianna Fail)
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My Department has, with assistance from An Garda Síochána, initiated a comprehensive investigation into the incidents at the premises mentioned and associated premises. This investigation is active and ongoing and it would not be appropriate to comment further on the matter at this time.
My Department is notified of the appointment of Animal Welfare Officers (AWOs) by the Food Business Operators (FBOs). All AWOs are required to hold certificates of competence in all operations that they are responsible for supervising.
The procedures are set out in accordance with EU legislation, the details of which are published in Trader Notices TN 45/2014 and TN 16/2019 which are attached for the Deputy’s information.
The procedure to obtain a Certificate of Competence for an AWO is as follows:
- AWO applicant completes an Application Form including a Declaration that they have no previous convictions for animal welfare infringements.
- AWO applicant must have completed an AWO training course either provided by Teagasc, Bristol University or another equivalent course.
- AWO applicant must have sat and passed the official Teagasc AWO welfare examination.
- Evidence of these is presented to the DAFM Veterinary Inspector (VI) who recommends the issue a Certificate of Competence to the AWO applicant, as appropriate.
- DAFM issues a Certificate of Competence to the AWO applicant.
My Department takes the matter of equine welfare most seriously. The welfare of equines is protected by legislation and appropriate enforcement action where breaches or shortcomings are identified. Any reports of welfare issues received by DAFM, including breaches of the animal welfare legislation, are acted upon and investigated.
Réada Cronin (Kildare North, Sinn Fein)
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272. To ask the Minister for Agriculture, Food and the Marine the reason a previous conviction for animal cruelty does not preclude the granting of a licence to anyone in such circumstances who later wishes to handle animals industrially; if such a conviction will now do so in the interest of animal welfare and his Department’s credibility and reputation in its welfare remit; and if he will make a statement on the matter. [26282/24]
Charlie McConalogue (Donegal, Fianna Fail)
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EC Regulation 1099/2009 on the protection of animals at the time of killing provides the legislative basis for ensuring the welfare of animals in such situations. This sets out a requirement that the killing and related operations may only be carried out by persons with an appropriate level of competence and requiring that such operatives undertake training and acquire a certificate of competence.
My Department issues Certificates of Competence to operators in accordance with this Regulation. The legislation requires that applicants provide a written declaration that they have had no serious infringement under EU and/or national law in the preceding three years. The process to issue a Certificate of Competence continues once my officials are satisfied that the applicant is compliant with this declaration. This is in addition to the applicant having met and passed the prescribed animal welfare training requirements set out in the legislation.
My Department takes the matter of equine welfare most seriously. Equine welfare is protected by legislation and appropriate enforcement action where breaches or shortcomings are identified. A comprehensive investigation into recent events is currently underway by my Department officials with assistance from An Garda Síochána. I can assure the Deputy that these matters will be fully investigated and that the full rigour of the law will be applied in this case.
Réada Cronin (Kildare North, Sinn Fein)
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273. To ask the Minister for Agriculture, Food and the Marine if slaughterers at a company (details supplied) are fully trained and approved by his Department; and if he will make a statement on the matter. [26283/24]
Charlie McConalogue (Donegal, Fianna Fail)
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Operatives in slaughter plants approved by my Department, including the one mentioned by the Deputy, are required under EU Regulation 1099/2009 to hold a Certificate(s) of Competence in respect of a number of operations - this includes slaughter procedures.
Operatives undertake a Teagasc accredited training course and examination prior to being assessed by my Department’s veterinary officials. Certificates of Competence are only issued once the required level of skill has been demonstrated by the applicant.
The training and assessment procedures necessary for plant operatives to obtain a Certificate of Competence is detailed in Trader Notice 16/2014 (attached for the Deputy’s information).
The activities of all operatives holding Certificates of Competence are continuously monitored by Department of Agriculture, Food and the Marine (DAFM) staff in the approved slaughter plant facility as part of regular audits of the Food Business Operator’s Animal Welfare Standard Operating Procedure.
Specifically in relation to the plant noted, the Deputy will be aware, as has been reported in the media that there is an active investigation taking place led by my Department and An Garda Síochána.
Department of Agriculture, Food and the Marine
Trader Notice MH 16/2014
To: All Food Business Operators at EU Approved Slaughter Establishments.
Subject: Procedures associated with application for Certificates of Competence by slaughter plant operatives required under Regulation 1099/2009.
Background
Council Regulation (EC) No 1099/2009 came into force on 1st January 2013. ) gives authorised officers the powers to enforce the provisions of this regulation.
Regulation 1099/2009 requires slaughter plant operatives who handle live animals to hold an operation specific Certificate of Competence.
Scope
This Trader Notice covers the procedures to be adopted in the application for Certificates of Competence (CoCs) and assessment of plant operative applicants prior to issuing Certificates of Competence.
This Trader Notice does not cover the award of Certificates of Competence to proposed Animal Welfare Officers (AWO) unless they put themselves forward for direct assessment in the same manner as plant operatives.[AWOs will be covered by a subsequent Trader Notice]
Application Procedure
Certificates of Competence are species, operation and equipment specific. Operatives working with several species at the same approved slaughter plant must have a Certificate of Competence which is valid for each species worked with. Equally, if more than one type of stunning equipment is used, the operative must hold separate Certificates of Competence which are valid for each (e.g. Pig plants where CO2 gas stunning is generally used but where an electric tongs is also used for sows).
Each individual applicant, with the assistance of the FBO, must produce:
1.Evidence of Training and Examination Passed
Certificates of Competence may be awarded to slaughter plant operatives who demonstrate that they have undergone an approved course in Animal Welfare at Slaughter covering the operations listed in Regulation 1099/2009
Evidence of Training and Examination passed must be presented to the VI in charge at the time of submission of application forms. This evidence may comprise: 1.Certificate of Attendance at a Teagasc Animal Welfare Training Course and of passing the Official Teagasc Animal Welfare Examination, or
2.Evidence of attendance at a DAFM approved FBO Animal Welfare Training Course (FBO Training Record) and a Certificate of passing the Official Teagasc Animal Welfare Examination. If you are unsure about whether an FBO animal welfare course was DAFM approved please check with VPHIS HQ. If the course was not DAFM approved it cannot be accepted as evidence of training.
2.Declaration
The applicant for a Certificate of Competence must sign a written declaration (built into the Application Form) stating that he/she has committed no serious infringement of Community law and/or national law on the protection of animals in the three years preceding the date of application for such a certificate.
3.Photographic Identification
The applicant must present his/her photographic ID (Passport or Drivers License) to the plant VI. In addition, an identified digital passport size photograph must be e-mailed to Meat Hygiene Division.
4.Application Form
Each applicant for a Certificate of Competence must complete an Application Form This form must specify the following:
·The operation (s) for which the Certificate of Competence is applied for.
·The species for which the Certificate of Competence is applied for.
·The equipment for which the Certificate of Competence is applied for.
·The evidence of training and examinations passed
The applicant must sign the declaration and the form must be countersigned by an FBO representative (supervisor).
The FBO must ask the VI to sign off all of the Application Forms which are then forwarded by the FBO to Meat Hygiene Division.
5.Summary:
When presented to the VI the Application form must be accompanied by:
1.Evidence of Training and Examination to be copied by DAFM.
2.Photographic ID to be copied by DAFM
3.Digital passport sized identified photograph (sent by e-mail to Meat Hygiene Division)
Role of the FBO
The Role of the FBO is to:
1.Ensure that all operatives involved in any of the 7 operations listed above apply for a Certificate of Competence on the application form available from the Veterinary Office [or Meat Hygiene Division]
2.Ensure that any operatives whose first language is not English fully understand what they are applying for and the Declaration they are signing.
3.Ensure that all Application Forms are signed off by the VI
4.Forward all Application Forms and identified Digital Photographs to Meat Hygiene Division at .
Assessment of Competence of Operatives
The VI is required to base his/her assessment of each applicant on direct observation of the operative at work using the VI Assessment Report accompanying this Trader Notice
Please ensure that the species, operations and equipment assessed match those on the Application Form.
Each applicant must show that he/she can carry out the operation(s) applied for without causing the animals any avoidable pain, distress or suffering.
A separate Assessment Report will be completed for different species in the same plant.
There are two possible outcomes to the assessment of applicants by direct observation of competence. These are:
1.The VI will recommend that the applicant be awarded a Certificate of Competence in all of the operations applied for.
2.The VI will recommend that award of Certificate of Competence be deferred in one or more of the operations applied for pending the applicant undergoing additional training and reassessment after a defined period (e.g. 1 month)
The VI will forward the completed VI Assessment Report to Meat Hygiene Division at the following address: . CoCs will issue based on the VI’s recommendations. Certificates will be printed in batches and therefore may take a number of weeks to issue, depending on demand.
Organization of Applicant Assessments
Since a large number of applicants for Certificates of Competence may be put forward for assessment it may take some time to carry out all of the assessments..
FBOs should discuss the time-organization of applicant assessments with the VI to ensure that this work is carried out in an organized way.
The FBO should divide applications up into:
A.Critical operatives – essential operatives who require CoCs immediately because they work at defined operations on all kill days
B.Less critical operatives – substitute or stand-by operatives who will require CoCs but not necessarily immediately.
The individual assessments are wholly based on on-the-job assessment. This will only involve observation of the operative at work and there is no requirement to interview the applicants.
Applicants for Certificates of Competence in Slaughter without Prior Stunning (Article 4(4))
All operatives involved in any aspect of the slaughter of animals without prior stunning (under Article 4(4) of Regulation 1099/2009) must hold a Certificate of Competence for this operation. These include all operatives involved in:
1.The restraint of animals for slaughter without prior stunning
2.The severing of the jugulars and carotids
3.The release of the animals from the restraint
4.The shackling of animals slaughtered without prior stunning
5.Monitoring slaughter without prior stunning
Applicants should be assessed on the basis of the part of the operation that they are involved in.
Réada Cronin (Kildare North, Sinn Fein)
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274. To ask the Minister for Agriculture, Food and the Marine the role of State or other veterinarians in the operation of a company (details supplied); and if he will make a statement on the matter. [26284/24]
Charlie McConalogue (Donegal, Fianna Fail)
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The footage broadcast on the ‘RTÉ Investigates’ show that aired on Wednesday and Thursday 12 and 13 June 2024 was extremely upsetting, and I share the reaction of viewers who were appalled by such a blatant disregard for the welfare of horses and suspected criminality.
You will be aware, as has been reported in the media that there is an active investigation taking place led by the Department of Agriculture Food and the Marine and An Garda Síochána and while it is vitally important that I ensure that process continues without prejudice, I am stating categorically that the full rigour of the law will be applied, and no stone left unturned.
Food business operators (FBOs) are responsible for ensuring they only put safe food on the market. My Department exercises controls under the Official Controls Regulations to verify compliance by the FBOs with regulatory requirement. My Department exercises these controls, including the carrying out of ante-mortem and post-mortem examinations of the animals, identify checks and compliance with sanitary standards. These controls are carried out by technical and veterinary staff of my Department and contracted veterinary practitioners. My officials also provide official certification if this is required for trade. As the business mentioned slaughtered animals on one day per week, my officials attended on the days of slaughter.
The recent Prime Time programme showed distressing footage of welfare abuses and potential breaches of traceability rules in a building adjacent to the business premises referenced, but which does not form part of the approved premises. The Department had imposed restrictions a number of weeks ago on the holding where that building is situated and no horses may be kept, moved on or off that holding whilst this legal restriction remains in place.
My Department has commenced an investigation into these matters with the support of An Garda Siochana. I am assured that the full force of the law will be brought to bear in relation to these matters
Réada Cronin (Kildare North, Sinn Fein)
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275. To ask the Minister for Agriculture, Food and the Marine the emergency actions that are being taken in the matter of a company (details supplied), in terms of animal welfare, prosecuting for animal cruelty, withdrawal of licence to operate, micro-chipping and changing of identity, bio-security risk and possible contamination of the food chain; and if he will make a statement on the matter. [26285/24]
Charlie McConalogue (Donegal, Fianna Fail)
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The footage broadcast on RTÉ Investigates that aired on Wednesday and Thursday 12 and 13 June 2024 was extremely upsetting, and I share the reaction of viewers who were appalled by such a blatant disregard for the welfare of horses.
You will be aware, as has been reported in the media that there is an active investigation taking place led by the Department of Agriculture Food and the Marine and An Garda Síochána and while it is vitally important that I ensure that process continues without prejudice, I am stating categorically that the full rigour of the law will be applied, and no stone left unturned.
In terms of immediate actions, on the 14th of June I issued a notice to the slaughter plant concerned revoking their approval for the slaughter of equines. The revocation of the food business approval means that the plant must immediately cease operating as an equine slaughter food business. No animals had been slaughtered at the premises since 5th June, the product of which had been detained. Furthermore, my Department has placed restrictions on two equine holdings linked to the slaughter plant prohibiting the presence or entry of any animals without the prior approval of my Department.
My Department has initiated a comprehensive investigation with assistance from An Garda Síochána. This investigation is active and ongoing and it is important now that this investigation is not prejudiced so that the full force of the law can be applied. However, it is clear that a collective effort across the European Union, among Member States and the Commission, is required to improve the system. My Department is committed to assisting in that process, along with our European Colleagues and the Commission.
Réada Cronin (Kildare North, Sinn Fein)
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276. To ask the Minister for Agriculture, Food and the Marine the reason his Department has no jurisdiction over the holding area of horses to be slaughtered by an abattoir (details supplied); when he intends to acquire same; and if he will make a statement on the matter. [26286/24]
Charlie McConalogue (Donegal, Fianna Fail)
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The footage broadcast on the ‘RTÉ Investigates’ show that aired on Wednesday and Thursday 12 and 13 June 2024 was extremely upsetting, and I share the reaction of viewers who were appalled by such a blatant disregard for the welfare of horses and suspected criminality.
You will be aware, as has been reported in the media that there is an active investigation taking place led by the Department of Agriculture Food and the Marine and An Garda Síochána and while it is vitally important that I ensure that process continues without prejudice, I am stating categorically that the full rigour of the law will be applied, and no stone left unturned.
The Certificate of Approval issued by my Department to the abattoir in question under the European Communities (Food and Feed Hygiene) Regulations 2020 (SI No 22 of 2020) covers the area of the boundary of the slaughter plant.
The building identified in the Prime Time programme was on a holding adjacent to the approved slaughter plant and does not form part of the Department of Agriculture, Food and the Marine approved slaughter plant. It is not the lairage of the plant and is not subject to direct veterinary supervision under the relevant food and feed hygiene Regulations which govern the operation of slaughter plants.
A person may not have an equine in his/her possession or under his/her control unless the details of his/her premises are registered. This adjacent holding (premises and associated lands) is separately and independently registered as a holding where horses are kept. Department officers authorised under the Animal Health and Welfare Act have the authority to enter and inspect all premises across the State where animals are kept.
The operation of the plant is now fully suspended. The equine holding linked to the slaughter plant is subject to legal notice prohibiting the movement of equines into or out of those premises unless prior approval of the Department is granted.
Réada Cronin (Kildare North, Sinn Fein)
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277. To ask the Minister for Agriculture, Food and the Marine if he can guarantee the safety, security, efficiency and effectiveness of the horse passport system given what was exposed on RTÉ; and if he will make a statement on the matter. [26287/24]
Charlie McConalogue (Donegal, Fianna Fail)
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The footage broadcast on RTÉ Investigates that aired on Wednesday and Thursday 12 and 13 June 2024 was extremely upsetting, and I share the reaction of viewers who were appalled by such a blatant disregard for the welfare of horses.
You will be aware, as has been reported in the media that there is an active investigation taking place led by the Department of Agriculture Food and the Marine and An Garda Síochána and while it is vitally important that I ensure that process continues without prejudice, I am stating categorically that the full rigour of the law will be applied, and no stone left unturned.
My Department takes the protection of the food chain extremely seriously and as a result has taken swift action on foot of the RTE documentary. On the 14th of June I issued a notice to the slaughter plant concerned revoking their approval for the slaughter of equines. The revocation of the food business approval means that the plant can not operate as an equine slaughter food business. Furthermore, my Department has placed restrictions on two equine holdings linked to the slaughter plant prohibiting the movement of equines into or out of those premises without the prior approval of my Department.
Checks on the passport are just one element of a number of controls at the slaughter plant in question. Other controls include a full time veterinary presence in the plant on the days on which slaughter takes place, the carrying out of ante mortem and post mortem inspections by veterinary practitioners and identity checks involving checks on documentation and on the central database, carried out in accordance with the legal obligations.
The activities shown and reported on the Prime Time show what would appear to be illegal activities which impact on the traceability system. My Department has already commenced an investigation into these matters with the support of An Garda Siochana and the full force of the law will be brought to bear to ensure that there are appropriate consequences for those responsible.
Réada Cronin (Kildare North, Sinn Fein)
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278. To ask the Minister for Agriculture, Food and the Marine if he can guarantee that animals unsuitable for consumption have not entered the food chain given the changes to micro-chipping and identities revealed by RTÉ; and if he will make a statement on the matter. [26288/24]
Charlie McConalogue (Donegal, Fianna Fail)
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The footage broadcast on RTÉ Investigates that aired on Wednesday and Thursday 12 and 13 June 2024 was extremely upsetting. I share the reaction of viewers who were appalled by such a blatant disregard for the welfare of horses and suspected criminality.
You will be aware, as has been reported in the media that there is an active investigation taking place led by the Department of Agriculture Food and the Marine and An Garda Síochána and while it is vitally important that I ensure that process continues without prejudice, I am stating categorically that the full rigour of the law will be applied, and no stone left unturned.
It is important to recall that responsibility for placing safe food on the market lies with the food business operator. My Department takes the protection of the food chain extremely seriously and there are robust controls in place at the slaughter plant in question. These include a full time veterinary presence in the plant on the days on which slaughter takes place, the carrying out of ante mortem and post mortem inspections by veterinary practitioners and identity checks involving checks on documentation and on the central database, carried out in accordance with the legal obligations.
The activities shown and reported on regarding identification, show what would appear to be illegal activities which impact on the traceability system. My Department has already commenced an investigation into these matters with the support of An Garda Siochana and the full force of the law will be brought to bear to ensure that there are appropriate consequences for those responsible.
Réada Cronin (Kildare North, Sinn Fein)
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279. To ask the Minister for Agriculture, Food and the Marine if he will make it a condition of any future funding that the horse-racing industry become legally responsible for the health and welfare of each and every horse after its racing days, including paying a put-to-sleep fee, instead of selling it on for horrendous conditions of slaughter as exposed by RTÉ, given the vast profits the horses have made for the industry and its members; and if he will make a statement on the matter. [26289/24]
Charlie McConalogue (Donegal, Fianna Fail)
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Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry.
My Department takes the matter of equine welfare most seriously. The welfare of equines is protected by legislation and appropriate enforcement action is undertaken by my Department and authorised officers under the Animal Health and Welfare Act 2013, including An Garda Síochána, Customs agents, authorised officers appointed by local authorities, and, through service level agreements, authorised officers of the ISPCA, DSPCA, IHRB and Rásaíocht Con Éireann, where breaches or shortcomings are identified. Any reports of welfare issues received by my Department, including breaches of the animal welfare legislation, are acted upon and investigated.
Exchequer support provided from the Horse and Greyhound Fund is crucial to the survival and continued development of the Horse Racing Industry. The future of the industry is dependent on a strong governance platform and on the industries having the highest standards of integrity and welfare founded on a strong regulatory system.
The welfare of thoroughbreds is a matter of importance for my Department and as a condition of the funding HRI receives from my Department, it is required to continue its work with all industry stakeholders to ensure that equine welfare is central to all of its activities. I note that the matter of equine welfare is a key priority of HRI's current five-year strategy and HRI have been requested to keep my Department apprised of all activities in this area.
Réada Cronin (Kildare North, Sinn Fein)
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280. To ask the Minister for Agriculture, Food and the Marine if he will place a limit on the number of times a horse can change hands in terms of ownership; and if he will make a statement on the matter. [26290/24]
Charlie McConalogue (Donegal, Fianna Fail)
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Equine traceability requirements are provided for in EU law and the system in Ireland complies with these requirements. The EU laws on traceability for all animals, including horses, places obligations on any person having an animal under his or her responsibility. A maximum number of owners is not an element that is regulated for under EU law.
In the case of the traceability of horses, EU Regulation 2016/429 recognises that effective traceability systems for each species must reflect the reality of how those animals move throughout their lifetime. Frequent movement is intrinsic to the horse sector and in recognition of this, Regulation 2016/429, bases equine traceability on the concept of a horse’s “habitual residence”.
My Department introduced the annual equine census as a way to capture the habitual residence of equines registered in Ireland. This is important progress in Ireland’s traceability of equines. My Department plans to build on this initiative as well as the potential afforded by e-passports to create a fuller picture of our equine population, and to work with other Member States and the Commission to improve the system of traceability for equines.
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