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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. Sp

19. Puppy farming = puppy harming

21. Another pic

22. And another

23. And another

24. And another

25. And another

26. And another

27. 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

28. 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

29. 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

30. 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

31. 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

32. 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

33. 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