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 ID: 568997
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Slide1
Enforcing animal welfare legislation in Ireland
Dr Andrew Kelly
Irish Society for the Prevention of Cruelty to IrelandSlide2
Irish Society for the Prevention of Cruelty to Animals
Founded 1949
20 affiliated member organisations
National Animal Centre, Co. Longford
Equine Rescue Centre, Co. CorkAnimal Welfare InspectorsCampaigning organisationSlide3
ISPCA Inspectorate
8
Inspectors
17 counties
Inspectors authorised May 20142015: National Animal Cruelty Helpline = more than 15,000 calls3500 cruelty calls investigatedOver 1100 animals seized or surrendered including 818 dogs 35 prosecutions initiated in 201514 finalised in court with positive outcomesSlide4
Legislation in Ireland
Animal Health and Welfare Act 2013
Dog Breeding Establishments Act 2010
Control of Dogs Act 1986Control of Dogs Regulations 1998
Microchipping of Dogs Regulations 2015Pet Passport (No 2) Regulations 2014Slide5
Animal Health and Welfare Act 2013
Commenced 6
th
March
2014Replaced Protection of Animals Act 1911Significant step forwardLegal responsibility to provide for the needs of any protected animalISPCA Inspectors authorised in May 2014Allows Inspectors to deal with 90% of scenariosAllow ISPCA to concentrate on preventionOpportunity to improve animal welfare in IrelandSlide6
Dog Breeding Establishments Act 2010
Local
Authority
Department of Environment
6 or more breeding bitches over the age of 6 monthsRequire to be registered and licensedWidespread non-complianceInconsistent enforcementGuidelines not being appliedSlide7
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 OfficersIssued with a warrantEnter 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 scenariosSlide8
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 legislationSlide9
Animal Health and Welfare Act 2013
Protection of Animals Act 1911
Required assistance from An Garda
Siochana
Donegal man convicted of crueltyDecomposing carcases of three dogs18 dogs living in poor conditions€500 fine and banned from keeping dogs for 10 yearsSlide10
Animal Health and Welfare Act 2013
Case 1
16
th
April 2015 Abandonment of dogDonegal woman pled guilty€200 fineOrdered to pay costs of €405 to ISPCABanned from keeping dogs for 4 yearsDog rehomedSlide11
Animal Health and Welfare Act 2013
Case 2
8
th
May 2015Illegal tail dockingTwo Roscommon men pled guiltyFacts not disputedNo convictionProbation Offenders ActOrdered to make donation of €250 to ISPCASlide12
Animal Health and Welfare Act 2013
Case 3
14
th
May 2015Causing unnecessary suffering to a dogWicklow man pled guilty€150 fine imposedCourt order: one dog/adultAnother dog was seized and rehomedSlide13
Animal Health and Welfare Act 2013
Case 4
3
rd
December 2015Bandon District CourtWoman filmed by neighbour violently kicking a dog2 dogs seizedPled guilty to causing unnecessary sufferingFined €300Slide14
AHWA Welfare Improvement Notices
Case 1
Working with affiliated member
Over 40 cats kept in poor conditions
Improvement NoticeReduced to 10 neutered catsReduced 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 Slide15
Getting the message across
Richard Martin, MP for Galway
Cruel treatment of Cattle Act 1822
First case – abused donkey
Two men found guiltyMartin asked for the minimum penalty and paid the fine himselfImportant to get the message across that abuse of animals will not be toleratedSlide16
Dog Breeding Establishments Act 2010
Local
Authority
6
or more breeding bitches over the age of 6 monthsRequire to be registered and licensedSome licensed for as many as 400 breeding femalesWidespread non-complianceInconsistent enforcementGuidelines not being appliedSlide17
Puppy farming or puppy harming?
April 2015
Warrant under s45 of
AHWA
Horrendous conditionsClosure notice under DBE local authority 340 dogs and 11 horses removed over nine day periodTwo people charged in July with a total of 240 charges under s11 & s12 of AHWA Slide18Slide19
Puppy farming = puppy harmingSlide20Slide21Slide22Slide23Slide24Slide25Slide26Slide27
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 pupClosure notice servedWorking with other councilsLobbying for change to DBE Slide28
Puppy farming = puppy harming
Lack of enforcement
Breeder in Cavan
Registered and licenced for 200 breeding bitches
Inspected by LA and DAFMOffer of ISPCA assistance declinedConditions not acceptableGuidelines not appliedBreaches of DBE, MODR, Pet Passport RegulationsFreedom of Information requests Slide29
Puppy farming = puppy harming
BBC Panorama expose
Catalogue
of failuresISPCA Now working with Cavan County Council
Joint inspections now carried out Recommendations made Improvement notices servedNo enforcement action takenContinuing to apply pressureChange neededSlide30
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 enforceDBE needs to be reviewedISPCA would like to see ALL breeding regulatedUpper limit on breeding bitches or staff/dog ratioSlide31
Operation Delphin
Multi-agency collaborative
operation
SSPCA, ISPCA
, USPCA, RSPCA, DSPCA, HMRC, IRC, Police, StenalineDAFM and local authoritiesOver 170 puppies seizedOperation ongoingContinuing to put local authorities under pressure to enforce legislation Slide32
Puppy farming – online advertising
Promoting
responsible advertising of pets and equines
Minimum standards
MonitorsAds breaching standards identified and removed / modifiedIllegal behaviour identifiedCo-operation with websitesMaking it harder for rogue breedersEducating the consumerEnforcement Slide33
Summary
ISPCA
E
nforce legislation
Prevent cruelty Put pressure on local authorities Lobby for stronger legislation (national & EU)Invest in education and advocacyRescue, rehabilitate and rehome Slide34