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 1st 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 1st 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
