Concessions offered to the Greyhound Industry and Hunting Association

The following is the text of a document issued by the Government to their TDs by way of briefing them on changes made to the Dog Breeding legislation.  

Friday 9th July 2010

The Dog Breeding Establishment Bill will set out standards required for the welfare of all dogs while protecting our dog industry .This bill will help to enhance our international reputation amongst the dog industry and also prevent any puppy farms from neglecting their dogs. 

 The Department of Agriculture will amend the 1958 Greyhound Industry Act, to legislate for welfare provisions for members of the Irish Greyhound Board.  Once amended, the welfare of IGB registered greyhounds would be addressed through this amended 1958 Act.

 Minister John Gormley will delay the signing of the commencement order of the welfare sections of the Dog Breeding Establishments Act 2009 until 1 January, 2011 to allow for the introduction of these amendments into the 1958 Greyhound Industry Act. 

Greyhounds:

 Increased powers to the inspectors of Bord na gCon who will hold joint inspections with Local Authority Inspectors.  

• Continue tattooing as  the method of traceability
• Veterinary Inspector approval for a fitness cert to allow a bitch to breed more than 3 litters in 3 years if deemed safe.
• Register of Greyhounds to be put on a statutory basis.
• IGB Registered trainers will be exempt from the fee for registration purposes. 
• Review of legislation to include all aspects of dog industry.

Hunting Dogs 

• Three month consultation with associations prior to regulations being introduced.
• The regulations will be sufficiently flexible to accommodate the needs of specific groupings, that is hunt dogs, for whom it is recognised that communal sleeping facilities are most appropriate.
• Exemption of fees for Hunting Dog kennels.
• Continue tattooing as the method of traceability.
• There will also be a requirement that such tattoos be registered on a database for traceability purposes.
• Review of legislation to include all aspects of dog industry.  

In addition: 

• The requirement that all dogs be microchipped has been increased from 8 weeks to 12 weeks. This excludes greyhound and hunting hounds. This amendment will introduced at Committee stage.
• The Bill defines a dog breeding establishment as a premises at which are kept not less than 6 bitches each of which is more than 4 months old and capable of being used for breeding purposes. The minister has signalled that he is willing to change the 4 months to 6 months in response to calls in the Seanad.
• This Bill provides a lead in time of up to 3 months, which the Minister has today proposed to extend to 6 months in response to calls in the Seanad.
• The Minister also confirmed that the operation of the new Act will be reviewed after a year to assess its impact on the industry.
• Dog Breeding Establishment fee is €400 for 6 – 18 bitches 

The worries of Hunting Associations have been addressed: 

Thursday 8^th July 2010 

The Government is confident that the concerns of the hunt clubs (as defined in the Dog Breeding Establishments Bill 2009) will be addressed as follows:

• Addition of a subsection to Section 15 to provide for the identification of dogs in dog breeding establishments operated by hunt clubs by way of a tattoo as an alternative to micro chipping. Either tattooing or micro chipping is satisfactory.
• Addition of subsection to Section 15 to specify that such tattoos and or micro chips must be registered on a data base maintained by the Hunting Association of Ireland or FACE.
• During the consultation period on the regulations, the practical implementation of the traceability provisions will be discussed with the HAI and FACE with a view to minimising cost and inconvenience for older dogs in particular.
• Should HAI /Face opt for a micro chip system it can train/instruct people in the application of this system.
• The HAI/FACE may hold a central data base.
• Hunt Clubs affiliated under the HAI and FACE Ireland will be exempt from all license fees in connection with the Dog Breeding Establishment Bill.
• Legislation will commence no earlier than January 1^st 2011 and there is a phasing in period of six months.
• Section 3 of the bill is a standard provision of legislation. It is not possible for any Minister to introduce secondary legislation (i.e. regulations) that is contrary to primary legislation as it would be ultra vires. Consultation with the HAI will take place prior to any new regulations being introduced and the Minister is required to get the agreement of the House before any changes are made to the primary legislation.
• Consultation with the HAI and FACE prior to introduction of regulations.
• Review of legislation after one year to include hunting dog sector.
• The independence of the inspection regime will be the onus of the local authority. Regulations will have to ensure the proper and transparent functioning of the dog warden service, and in particular guard against vexatious behaviour. Inspections will be held strictly on the basis of the legislation. In particular  section 14 :
• (1) Dogs are adequately supplied with suitable food, drink and bedding material, (2) adequately exercised and (3) inspected at regular intervals and all reasonable measures are taken to prevent and control spread of disease.
• It is agreed that during the period of consultation prior to regulations being introduced that the independence of the inspection regime will be discussed and guaranteed particularly where the dog warden service is contracted out, with a view to providing an ongoing consultative process between HAI/FACE and the local authorities to provide oversight of the objectivity of the inspection regime.
• According to the Attorney General’s office there would be significant legal issues to ban Dog Wardens from being members of the ISCPA.
• As outlined in the bill the dog warden can only report to the local authority, cannot initiate any action and must revert to the county Veterinary officer before any action is taken.
• As outlined above the HAI and FACE specifically are to be consulted with as stakeholders prior to regulations being introduced and at the twelve month review.
• Security worries are acknowledged and access to the register of hunt kennels would be limited in the amount of information provided to the general public .This specific issue will be discussed in detail with the HAI and FACE prior to regulation being introduced to protect those concerned as much as possible.
• Although under the legislation all registered dog breeding establishments will be required to display a sign on their premises, the precise size and location of this sign will be subject to consultation during the process of developing the regulations.  Any regulations developed will not be excessively onerous. 
• With the exception of the above points, hunt clubs would be subject to all of the remaining provisions of the Dog Establishment Bill 2009.
• However the regulations made under the legislation will be sufficiently flexible to accommodate the needs of hunt dogs, for which it is recognised that communal facilities are considered most appropriate.
• Finally, an attempt has been made in the House and elsewhere to suggest that this Bill somehow represents an attack on the rural way of life and is the thin end of the wedge in terms of the end of traditional field sports.  Let me be absolutely clear, this Bill is about dog welfare only .Other rural pursuits such as shooting and fishing are simply not affected by this Bill and there is no other proposal before this Government to impact on these rural sports.  

What has been the greyhound industry’s response?

The Irish Greyhound Board has welcomed the confirmation that greyhound breeding and welfare is to continue to be managed under the existing Greyhound Industry Act. 

The Minister for Agriculture, Fisheries and Food, Brendan Smith TD is to introduce legislation in the autumn which will amend the Greyhound Industry and Dog Breeding Establishment Acts, and put welfare standards for greyhounds on a statutory basis. 

The Board are pleased that the very comprehensive guide to the care and welfare of greyhounds that exists in the Industry has been recognised, and that this will now be given statutory effect.

All Irish Greyhound Board registered Greyhound owners, breeders and trainers will be covered by the amended 1958 Act.

Summary of aspects of the Dog Breeding Bill 2010

Introduction

 The Dog Breeding Bill will come into force on 1^st January 2011. Greyhounds will be subject to the same regime but they will be dealt with under the Greyhound Industry Act of 1958. 

HAI and FACE will be consulted in connection with all regulations under the Bill and there will be a review of the legislation after one year. 

Specific Points 

1.         Q.        Are hunt kennels covered by the Act?

1. Yes, if they have more than six bitches capable of being bred and are over six months. 

2.         Q.        What is the position if the hunt kennels has six or less bitches?

1. Then it does not fall under the Act. 

3.         Q.        If the hunt kennels is within the Act, what do I have to do?

            A.        You will have to make an application to be registered with your local authority. 

4.         Q.        Will I be inspected?

A.        Possibly, to ensure that you are kennels is in accordance with the HAI Guidelines for hunt kennels.

 5.         Q.        Will I have to pay any fees?

            A.        No. All that are affiliated to HAI and FACE are exempt from fees. 

6.         Q.        If I am under the Act do I have to micro-chip?

A.        No. But you must elect to have some method of traceability either tattooing or micro-chipping. Whichever method you choose to adopt it must be recorded in the central database that will be set up and held by HAI or FACE. 

7.         Q.        If I decide to use micro-chipping, do I have to employ a vet?

            A.        No as long as the person inserting the micro-chip has received instruct.

 8.         Q.        If I have a mature hound who is not tattooed do I have to tattoo him?

1.       This is an issue that is being discussed as there maybe a welfare issue due to the thickness of the ear.

 9.         Q.        Will HAI, FACE and hunting people have any input into regulations under the Act.?

1. Yes. The above organisations are recognised as stakeholders and have an assurance in writing from An Taoiseach that they will be consulted as stakeholders. 

10.       Q.        When does the legislation come in?

            A.        On 1^st January 2011 with a phasing in period of six months. 

11.       Q.        Will there be a review of the legislation?

            A.        Yes, after one year and this review will include hunting hounds. 

12.       Q.        Will I be inspected by a dog warden who is an ‘anti?’

A.        It is not possible to exclude a warden just because of his/hers views or for instance membership of the ISPCA. However, the regulations will have to ensure that the dog warden service is proper and will guard against vexatious behaviour. 

13.       Q.        Who will do the inspections?

A.        It is agreed that during the consultation period and before the regulations are introduced this issue will be discussed.

 14.       Q.        What can the dog warden do after inspection?

            A.        He cannot initiate any action himself. He must revert to the County Veterinary Officer before any action is taken. 

15.       Q.        Will details of the address of my kennels be available to the public?

A.        There will only be limited information available to the public and this issue will be further discussed with HAI and FACE. 

16.       Q.        Will I have to put a sign on my kennels?

A.        The size of any sign and where it will be located will be the subject of discussion at the consultation stage. 

17        Q.         How will any changes to the Act be dealt with?

A.        There will be consultation with H.A.I. and FACE prior to any new regulations being introduced and the Minister will be required to get the agreement of the Dail.

Letter from An Taoiseach – read the orginal

letter_ An Taoiseach to Christy OSullivan TD_07 07 2010

A letter from An Taoiseach

A delegation from HAI / FACE met the Taoiseach last Wednesday in relation to the Dog Breeding Establishments Bill 2009.    The meeting was arranged through the good offices of Christy O’Sullivan TD (Fianna Fáil, Cork South West).   Following the meeting, the Taoiseach wrote to Deputy O’Sullivan.

Below is the full text of the Taoiseach’s letter to him:

July 2010

 

Mr. Christy O’Sullivan T.D.

Dáil Éireann

Dublin 2

 

Dear Christy,

I refer to our recent discussions regarding the Dog Breeding Establishment Bill 2009 and to your recent letter outlining your concerns.  I appreciate your sincerely held concerns and those of the Hunting Association of Ireland. As outlined at our meeting today the purpose of the Bill is to focus exclusively on the welfare of dogs and I am convinced that the provisions in the bill will help to enhance the standards and reputation of dog breeding in Ireland. The Hunting Association of Ireland will maintain their excellent reputation when the Bill passes. 

I know that you were concerned about various issues and I believe they have been addressed through amendments to the legislation.  The commencement of the legislation will not occur until January 1^st 2011 to allow amendments to the Greyhound Industry Act 1958.  This will allow a significant period of consultation and I am confident that the concerns of the HAI regarding kennel size etc can be addressed during this period. On the advice of the Attorney General’s office it is not possible to exempt any dog group. 

It is also acknowledged that the HAI Hunting Dog Welfare Policy is of high standard and will be considered during this consultation. I said at our meeting that consultation with the HAI and FACE is important and this will occur prior to regulations being drawn up and as part of the review. There will be a review of the legislation after one year of implementation and the review will include all aspects of the dog industry including hunting and the review will include all aspects of the dog industry including hunting.  As I outlined at our meeting no dogs are exempt from the legislation. The greyhounds are subjected to the same regime but under the existing Greyhound Industry Act 1958 as amended to conform to the Dog Breeding Establishments Bill. 

I am confident that the concerns of the hunt clubs (as defined in the Dog Breeding Establishments Bill 2009) will be addressed as follows: 

• Addition of a subsection to Section 15 to provide for the identification of dogs in dog breeding establishments operated by hunt clubs by way of a tattoo as an alternative to micro chipping. Either tattooing or micro chipping is satisfactory.
• Addition of subsection to Section 15 to specify that such tattoos and or micro chips must be registered on a data base maintained by the Hunting Association of Ireland or FACE.
• During the consultation period on the regulations, the practical implementation of the traceability provisions will be discussed with the HAI and FACE with a view to minimising cost and inconvenience for older dogs in particular.
• Should HAI/Face opt for a micro chip system it can train/instruct people in the application of this system.
• The HAI/FACE may hold a central data base.
• Hunt Clubs affiliated under the HAI and FACE Ireland will be exempt from all license fees in connection with the Dog Breeding Establishment Bill.
• Legislation will commence no earlier than January 1^st 2011 and there is a phasing in period of six months. 
• Section 3 of the bill is a standard provision of legislation. It is not possible for any Minister to introduce secondary legislation (i.e. regulations) that is contrary to primary legislation as it would be ultra vires. Consultation with the HAI will take place prior to any new regulations being introduced and the Minister is required to get the agreement of the House before any changes are made to the primary legislation.
• Consultation with the HAI and FACE prior to introduction of regulations.
• Review of legislation after one year to include hunting dog sector.
• The independence of the inspection regime will be the onus of the local authority. Regulations will have to ensure the proper and transparent functioning of the dog warden service, and in particular guard against vexatious behaviour. Inspections will be held strictly on the basis of the legislation. In particular  section 14 :
• (1) Dogs are adequately supplied with suitable food, drink and bedding material, (2) adequately exercised and (3) inspected at regular intervals and all reasonable measures are taken to prevent and control spread of disease.
• It is agreed that during the period of consultation prior to regulations being introduced that the independence of the inspection regime will be discussed and guaranteed particularly where the dog warden service is contracted out, with a view to providing an ongoing consultative process between HAI/FACE and the local authorities to provide oversight of the objectivity of the inspection regime.
• According to the Attorney General’s office there would be significant legal issues to ban Dog Wardens from being members of the ISCPA.
• As outlined in the bill the dog warden can only report to the local authority, cannot initiate any action and must revert to the county Veterinary officer before any action is taken.
• As outlined above the HAI and FACE specifically are to be consulted with as stakeholders prior to regulations being introduced and at the twelve month review.
•  Security worries are acknowledged and access to the register of hunt kennels would be limited in the amount of information provided to the general public.  This specific issue will be discussed in detail with the HAI and FACE prior to regulation being introduced to protect those concerned as much as possible.
• Although under the legislation all registered dog breeding establishments will be required to display a sign on their premises, the precise size and location of this sign will be subject to consultation during the process of developing the regulations.  Any regulations developed will not be excessively onerous.  

With the exception of the above points, hunt clubs would be subject to all of the remaining provisions of the Dog Establishment Bill 2009.  However the regulations made under the legislation will be sufficiently flexible to accommodate the needs of hunt dogs, for whom it is recognised that communal facilities are considered most appropriate. 

Finally, an attempt has been made in the House and elsewhere to suggest that this Bill somehow represents an attack on the rural way of life and is the thin end of the wedge in terms of the end of traditional field sports.  Let me be absolutely clear, this Bill is about dog welfare only.  Other rural pursuits such as shooting and fishing are simply not affected by this Bill and there is no other proposal before this Government to impact on these rural sports. 

Yours sincerely,

 

Brian Cowen T.D.

Taoiseach

Statement on the Dog Breeding Establishments Bill 2009

We are disappointed that we did not secure the exemption of hunt kennels from the Bill, as promised in writing by the Minister, John Gormley TD. 

However, we will work constructively with the Government to ensure that the various undertakings given to us yesterday by the Taoiseach are honoured in full.    We trust that our concerns will be taken on board at the stage when Regulations under the Bill are being drafted.

Demo outside Dáil is deferred

Following a meeting today between representatives of RISE! and the Taoiseach, Brian Cowen TD, and pending further clarification of a number of matters discussed, the demo planned for tomorrow outside the Dáil has been deferred.

Thirteen county councils support RISE!

Monaghan has become the thirteenth county council to support the RISE! campaign.

They join Carlow, Kerry, Leitrim, Tipperary South, Tipperary North, Wexford, Waterford, Meath, Offaly, Longford , Cavan, and Sligo who have already supported us.

If your county is not listed above, why not contact your local councillor and ask them to put down a motion? Here is the wording of a recommended Motion: “[ ] County Council notes the increasing level of popular support being expressed for the RISE! (Rural Ireland Says Enough!) campaign and shares the concerns it is highlighting over various items of legislation currently being promoted by the Minister for the Environment, Heritage and Local Government, John Gormley, T.D. This Council calls on the Government to listen to the concerns being expressed, involve stakeholders in full consultation and to respond appropriately”.

RISE! demo outside Dáil to coincide with Dog Breeding Bill debate on Thursday

Supporters of the RISE! campaign will hold a demo outside the Dáil from 11.00 am to 1.00 pm on Thursday, 8^th July.

RISE! Campaign calls on Gormley to honour his commitments

With the Dáil due to debate the Dog Breeding Bill on Thursday, the RISE! Campaign has appealed to TDs to ensure that the Minister for the Environment honours his previous written commitments to grant a full exemption from the Dog Breeding Establishments Bill to hunt kennels ‘in view of the strict standards which apply to members of the Hunting Association of Ireland’.  

The call came last night following a meeting of all hunting and shooting associations at which great anger was expressed with Fianna Fáil for selling out hunting.

Broken commitment

In a letter, dated 15^th February 2008, from Minister Gormley to his Cabinet colleague Minister Dermot Ahern, Mr Gormley stated:  ‘it is my intention that groups affiliated to the HAI be granted an exemption from the requirements of the requlations.’   A similar letter, dated 9^th January 2008, came from Minister Batt O’Keeffe where he cites the same commitment.  

 No consultation

Despite his many claims to the contrary, the Minister has never consulted about the Bill with the Hunting Association of Ireland or with the game shooting associations.   Instead, it is our conclusion that his policy on regulation of dog breeding is being driven by a tiny extreme minority in his party with links to the UK-based Animal Liberation Front.

 RISE! opposes puppy ‘farming’

RISE! has always supported the original principle of this legislation insofar as it is directed towards regulating commercial puppy ‘farming’.

RISE! Campaign calls for deferral of the Dog Breeding Bill until Autumn

The RISE! Campaign has written to all TDs and Senators – including Green Party representatives – suggesting that final consideration of the Dog Breeding Establishments Bill 2010 by the Dáil be deferred until the Autumn.

The Campaign believes that more time is needed to enable TDs and Senators in all parties, as well as the many stakeholders affected by the Bill, to have adequate time to consider it together with the various amendments that will be tabled in the Dáil this week.

A spokesman for RISE! said: ‘There is universal support for the principle of enacting legislation to regulate puppy ‘farming’. However, the Bill that was intended to do so, has proved to be extremely contentious and divisive. We note the commitment by the Minister for the Environment and Opposition Spokespersons to bringing forward amendments in the Dáil this week. We suggest that final deliberation on the Bill be deferred until after the Summer Recess. That would allow further time for the Minister to engage in full consultations with the Hunting Association of Ireland, FACE Ireland, Irish Greyhound Board, Irish Coursing Club and other representative groups. This would be a much better approach than one of rushing the Bill through in the final week of a Dáil session, under guillotine, and with resultant severe time constraints for debating such an important and complex piece of legislation.’