Enforcing animal welfare legislation in Ireland Dr Andrew Kelly Irish Society for the Prevention of Cruelty to Ireland

Irish Society for the Prevention of Cruelty to Animals Founded 1949 20 affiliated member organisations National Animal Centre, Co. Longford Equine Rescue Centre, Co. Cork Animal Welfare Inspectors Campaigning organisation

ISPCA Inspectorate 8 Inspectors 17 counties Inspectors authorised May 2014 2015: National Animal Cruelty Helpline = more than 15,000 calls 3500 cruelty calls investigated Over 1100 animals seized or surrendered including 818 dogs 35 prosecutions initiated in 2015 14 finalised in court with positive outcomes

Legislation in Ireland Animal Health and Welfare Act 2013 Dog Breeding Establishments Act 2010 Control of Dogs Act 1986 Control of Dogs Regulations 1998 Microchipping of Dogs Regulations 2015 Pet Passport (No 2) Regulations 2014

Animal Health and Welfare Act 2013 Commenced 6th March 2014 Replaced Protection of Animals Act 1911 Significant step forward Legal responsibility to provide for the needs of any protected animal ISPCA Inspectors authorised in May 2014 Allows Inspectors to deal with 90% of scenarios Allow ISPCA to concentrate on prevention Opportunity to improve animal welfare in Ireland

Dog Breeding Establishments Act 2010 Local Authority Department of Environment 6 or more breeding bitches over the age of 6 months Require to be registered and licensed Widespread non-compliance Inconsistent enforcement Guidelines not being applied

Animal Health and Welfare Act 2013 Service Agreement Section 74 AHWA ISPCA may carry out all or any functions under the act relating to animal welfare except for specific exemptions ISPCA may appoint Authorised Officers Issued with a warrant Enter land or premises (other than a private dwelling) and inspect animals Seize and retain animals (and other evidence) if offence has been committed Issue Welfare Improvement Notices (failure to comply with these is an offence) Allows ISPCA to deal with 90% of scenarios Details of the AHWA authorisation

Animal Health and Welfare Act 2013 Penalties Depends on offence Fixed penalty notice (e.g. Microchipping) Conviction in District Court – fine not exceeding €5000 and / or imprisonment for up to 6 months Conviction on indictment – fine not exceeding €250,000 and / or imprisonment for up to 5 years Significant penalties and better than previous legislation Penalties

Animal Health and Welfare Act 2013 Protection of Animals Act 1911 Required assistance from An Garda Siochana Donegal man convicted of cruelty Decomposing carcases of three dogs 18 dogs living in poor conditions €500 fine and banned from keeping dogs for 10 years

Animal Health and Welfare Act 2013 Case 1 16th April 2015 Abandonment of dog Donegal woman pled guilty €200 fine Ordered to pay costs of €405 to ISPCA Banned from keeping dogs for 4 years Dog rehomed

Animal Health and Welfare Act 2013 Case 2 8th May 2015 Illegal tail docking Two Roscommon men pled guilty Facts not disputed No conviction Probation Offenders Act Ordered to make donation of €250 to ISPCA

Animal Health and Welfare Act 2013 Case 3 14th May 2015 Causing unnecessary suffering to a dog Wicklow man pled guilty €150 fine imposed Court order: one dog/adult Another dog was seized and rehomed

Animal Health and Welfare Act 2013 Case 4 3rd December 2015 Bandon District Court Woman filmed by neighbour violently kicking a dog 2 dogs seized Pled guilty to causing unnecessary suffering Fined €300

AHWA Welfare Improvement Notices Case 1 Working with affiliated member Over 40 cats kept in poor conditions Improvement Notice Reduced to 10 neutered cats Reduced to 2 neutered cats Being monitored Case 2 Visited with DAFM Large number of dogs Some in reasonable condition Improvement notice issued restricting number that can be kept Preventing more dogs being added Being monitored

Getting the message across Richard Martin, MP for Galway Cruel treatment of Cattle Act 1822 First case – abused donkey Two men found guilty Martin asked for the minimum penalty and paid the fine himself Important to get the message across that abuse of animals will not be tolerated

Dog Breeding Establishments Act 2010 Local Authority 6 or more breeding bitches over the age of 6 months Require to be registered and licensed Some licensed for as many as 400 breeding females Widespread non-compliance Inconsistent enforcement Guidelines not being applied

Puppy farming or puppy harming? April 2015 Warrant under s45 of AHWA Horrendous conditions Closure notice under DBE local authority 340 dogs and 11 horses removed over nine day period Two people charged in July with a total of 240 charges under s11 & s12 of AHWA

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Puppy farming = puppy harming Recent rescue Asked for assistance by local authority Failure to comply with improvement notice 90 dogs removed 7 with pups, 1 in pup Closure notice served Working with other councils Lobbying for change to DBE

Puppy farming = puppy harming Lack of enforcement Breeder in Cavan Registered and licenced for 200 breeding bitches Inspected by LA and DAFM Offer of ISPCA assistance declined Conditions not acceptable Guidelines not applied Breaches of DBE, MODR, Pet Passport Regulations Freedom of Information requests

Puppy farming = puppy harming BBC Panorama expose Catalogue of failures ISPCA Now working with Cavan County Council Joint inspections now carried out Recommendations made Improvement notices served No enforcement action taken Continuing to apply pressure Change needed

Puppy farming = puppy harming Next steps Continue to put pressure on LAs and DAFM to consistently enforce legislation Guidelines for DBE being reviewed Where there are clear breaches of AHWA, ISPCA Inspectors will enforce DBE needs to be reviewed ISPCA would like to see ALL breeding regulated Upper limit on breeding bitches or staff/dog ratio

Operation Delphin Multi-agency collaborative operation SSPCA, ISPCA, USPCA, RSPCA, DSPCA, HMRC, IRC, Police, Stenaline DAFM and local authorities Over 170 puppies seized Operation ongoing Continuing to put local authorities under pressure to enforce legislation

Puppy farming – online advertising Promoting responsible advertising of pets and equines Minimum standards Monitors Ads breaching standards identified and removed / modified Illegal behaviour identified Co-operation with websites Making it harder for rogue breeders Educating the consumer Enforcement

Summary ISPCA Enforce legislation Prevent cruelty Put pressure on local authorities Lobby for stronger legislation (national & EU) Invest in education and advocacy Rescue, rehabilitate and rehome