1317 Mr. McHugh asked the Minister for Agriculture and Food her views on the use of animals in circuses; her further views on whether the use of performing animals in circuses amounts to cruelty to animals; and if she will make a statement on the matter. [1016/07]

The position as regards the welfare and protection of animals is that my statutory responsibility relates to the welfare and protection of farmed animals only and does not extend to other animals. The Protection of Animals Kept for Farming Purposes Act, 1984 and the European Communities (Protection of Animals Kept for Farming Purposes) Regulations 2000 (SI No 127 of 2000) is the legislation that applies in this area.

In relation to circus animals, my Department's responsibility relates to ensuring that animals imported for use in a circus are imported in accordance with animal health certification requirements. Licences are issued in accordance with the Rabies (Importation, Landing and Movement of Animals)(Amendment)Orders 1972-1976. In addition Commission Regulation 1739/2005 lays down registration, passport and animal health requirements in the case of circus animals that move between Member States.

The Protection of Animals Acts 1911 and 1965 are the principal statutes governing the welfare of animals in this country. The responsibility for pursuing complaints under that legislation rests with An Garda Síochána. On receipt of such a complaint, the Gardaí have a statutory basis on which to investigate and bring a prosecution against any person alleged to have committed an act of cruelty against an animal.