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Dáil

Written answer

Legislative Process

174. Deputy Máire Devine asked the Minister for Transport when he and his Departmental representatives will meet with local stakeholders regarding long-promised revision of the Dublin Carriage Act of 1853 to enable proper regulation and enforcement of the horse carriage industry and implement adequate safety measures; whether he is aware of the rampant intimidation by rogue carriage operators against tourists, residents, licensed operators, and business owners; the reason previous efforts to revise the 1853 Act were abandoned during COVID-19 and still have not been taken up again; and if he will make a statement on the matter. [15455/26]

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Darragh O'Brien Minister for Transport Fianna Fáil

A legal lacuna created by Victorian-era legislation precludes Dublin City Council from regulating horse-drawn carriages for hire or reward on the same basis as other local authorities.

The Government agreed, in December 2019, to develop a comprehensive General Scheme of a Bill to legislate in relation to Horse Drawn Carriages, in line with advice from the Attorney General to ensure that Dublin City Council is provided with an appropriate legal basis to regulate this area.

The Department of Transport undertook to consult directly with Dublin City Council in relation to the drafting of the Bill. This matter did not progress in 2020 as planned due to the need to reprioritise other work areas in response to the COVID-19 pandemic.

Since then, some initial scoping work on the Bill has taken place, but work is at an early stage in terms of progressing the Bill due to other primary transport legislation being progressed currently.

My Department remains committed to progressing legislation that will replace the Dublin Carriage Act 1853 to ensure that the Dublin City Council is provided with an appropriate legal basis to regulate this area, and the Bill remains on the Government’s legislative programme.

Targeted consultation with stakeholders such as An Garda Síochána, Dublin City Council and the Department of Agriculture Food and the Marine will take place this year. A General Scheme will be devised, in conjunction with Dublin City Council and other key stakeholders, to address this lacuna and ensure legislative consistency across the country.

Matters relating to intimidation and anti-social behaviour would fall under legislation already in place for An Garda Síochána such as public order offences etc. and I would advise that any such incidents of intimidation or anti-social behaviour should be reported to An Garda Siochána without delay.

It is important to note that other legislation is in place in relation to animal welfare matters which are dealt with by the Department for Agriculture, Food and the Marine. Under the Animal Health and Welfare Act 2013, people in possession of a protected animal, including horses, must ensure the animal is kept and treated in a manner that safeguards their health and welfare. Failure to do this is considered an offence under that Act.

In addition, section 33 of the Control of Horses Act 1996 provides that An Garda Siochána may compel individuals in control of horses to obtain necessary attention from a veterinarian if the horse is in pain, distress, neglect or is severely injured, diseased or in need of veterinary attention. Failure to comply is an offence.

Furthermore, the drivers of all vehicles used on public roads, including horse-drawn carriages, are required to comply with road traffic legislation and to behave in a safe manner paying due care to other road users. The enforcement of such road traffic legislation is a matter for An Garda Síochána.

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