Responsibility for stray dog control
Farrelly presses Doherty on legislation, licensing and enforcement, citing losses to farmers and concerns in urban areas. Doherty accepts the problem and the possible need for legislation, but rejects sole Justice responsibility and says Agriculture or Environment may be better placed to introduce it.
The Dogs Act, 1906, gives the Garda certain powers to control dogs. I presume the Deputy has in mind the serious difficulty posed for sheep farmers where stray dogs are concerned? I do not consider that my Department or I should have responsibility for introducing such legislation. While I accept that there may be sections in legislation prepared in other Departments that will impose the responsibility of enforcing it on the Garda, I do not consider the Garda should be the only people with the responsibility of being dog collectors. They have other onerous duties and it would be too much to ask them to take on the role as suggested in legislation which has been sought from my Department by the Deputy.
Comment on this
I accept the role of the Garda Síochána, what they should do and what they should not do. Does the Minister not accept that three Departments are involved in this problem? Is it not time that he, the Minister for Agriculture and the Minister for the Environment should ask one Department to look after the problem — I suggest the Department of Agriculture — somewhat along the lines of what has been done in Wicklow and Longford? This would alleviate the enormous loss suffered by the country in the way of exports and damage to the sheep industry here.
Comment on this
I am still of the opinion that I should not be the Minister responsible for the introduction of this legislation. I am sure the Deputy is aware that recently the Law Reform Commission published a draft Bill dealing with civil liability in respect of animals, but that Bill did not evoke the type of public debate I would have liked to see. However, I recognise that farmers have suffered serious losses as a result of damage caused by dogs. I accept that new legislation may be necessary but I do not accept that it is my Department or I who should have that responsibility. I think the question would be better put to another Minister.
Comment on this
Is the Minister aware that according to existing law dogs must have a collar and a tag? I was in the House when Deputy Haughey introduced the legislation and he told us it would be rigorously enforced by the Garda Síochána. He said he did not believe in having legislation on the Statute Book unless it was enforced. Will the Minister agree that unfortunately legislation in this area has not been enforced?
Comment on this
The Garda Síochána have many duties. The Deputy is aware that enforcement in any area cannot be done to the exclusion of enforcement duties and other duties in other areas. If the Deputy has any cases or areas in mind and if he can give to the gardaí a written statement evidence of what he has referred to, I am sure they will be glad to take it. However, if he is implying in what he has said that the Garda Síochána are not doing their duties, I reject that.
Comment on this
With regard to the point raised by the Minister regarding the Law Reform Commission, does that not put the responsibility clearly on the Department of Justice in that their Bill deals not just with stray animals in relation to agriculture but stray animals generally which also affect urban areas? Does he not consider it his responsibility to introduce legislation in this area?
Comment on this
The Minister has suggested that this question should be put to another Minister. Surely it is the responsibility of the Government to decide which Minister will answer questions? Further, if the question is proper to another Minister, why did he not refer it to that Minister, as is common practice?
Comment on this
If Deputies on the other side of the House are not in a position to know to whom they should put a particular question, I am not going over to join them. I will give them advice.
Comment on this
Is the Minister aware that draft proposals have been sent recently by the Dublin Corporation either to his Department or to the Department of the Environment? This problem is a serious matter not only in country districts but also in urban areas. Very few dogs are licensed and there is no check on licences. Is the Minister aware that the IFA, the ISPCA and other organisations have expressed grave concern about stray dogs? There is also the serious problem of disease.
Comment on this
I asked the Minister is it not his Department who are concerned with the collection of licence fees? Is it not the position that his Department introduce and implement regulations regarding stray dogs if they do harm to property or to other animals? I think that in one of his answers the Minister has been misleading to his own Department.
Comment on this
That is the second time I have been accused of misleading the House. The Garda Síochána have responsibility in various legislative areas for the enforcement of the law in relation to stray dogs but that does not necessarily mean that they have other duties in this area. The Deputy is suggesting that the Department of Justice have total responsibility for stray dogs but that is untrue. The Garda Síochána have enforcement powers under certain legislation.
Comment on this
I was the only Deputy who made a submission to the Law Reform Commission on this matter. Does the Minister agree with the principles of the proposed legislation as outlined by the Law Reform Commission? Will he indicate which Minister he considers is responsible for proceeding with the introduction of the type of legislation suggested by the commission?
Comment on this
Many of the proposals in the draft Bill as prepared by the Law Reform Commission are of significant value. I was concerned about one area, the fact that it was proposed to put the Garda Síochána in the role of dog catchers or dog keepers. There is responsibility under section 11 of the 1906 Act with regard to the collection of dogs but I do not think it should be the total responsibility of the Garda Síochána in the way suggested. I consider that new legislation would be more appropriately introduced, either by the Minister for Agriculture or by the Minister for the Environment.