The Animal Health and Welfare Act 2013 covers health and welfare, along with identification, and sale of animals.
Definition of a Protected Animal
A “protected animal” means an animal—
(a) kept for farming, recreational, domestic or sporting purposes in the State,
(b) when it is in the possession or under the control of a human being whether permanently or on a temporary basis, or
(c) that is not living in a wild state;
What Does ‘Unnecessary Suffering’ Mean?
“unnecessary suffering” means, in relation to an animal, pain, distress or suffering (whether physical or mental) that in its kind or degree, or in its object, or in the circumstances in which it occurs, is unreasonable or unnecessary.
Section 2 (1) – Animal Health and Welfare Act 2013
Summary of the Animal Health and Welfare Act 2013
“An Act to Revise the Law Relating to the Health and Welfare of Animals and Their Protection and Identification; To Provide for the Regulation of Certain Activities Relating to Animals; To Prevent Cruelty to Animals; To Make Provision for the Licensing of Animal Marts and for Levies for the Purposes of Animal Health and the Control of Animal Diseases; To Repeal Various Enactments Relating to Animals; To Amend the Dog Breeding Establishments Act 2010, the Animal Remedies Act 1993 and the Welfare of Greyhounds Act 2011 and to Provide for Related Matters.”
- Duty to protect animal welfare
- Prohibition on animal cruelty
- Prohibition on abandonment of animals
- Prohibition on animal fighting, etc.
- Prohibited operations and procedures
- Use of anaesthetics, etc.
- Protection of animals from poison
- Inspection of protected animals and equipment
- Welfare of animals during sale
- Regulation of sale of animals to minors
- Measures relating to animals in distress
Who Has Power To Enforce The Animal Health and Welfare Act 2013?
- a member of the Garda Síochána
- an officer of Customs and Excise (e.g. Revenue officers)
- a person appointed by the Minister for Agriculture, Food and the Marine (or an authorised officer of the Department) e.g. Department Veterinarians
- a person appointed by the manager of a local authority (they may be authorised for all or any of the functions conferred on an authorised officer under the Act) e.g. Council Employee(s)
- A person with whom the Minister enters into a service agreement (e.g. ISPCA or DSPCA) may appoint in writing, with the consent of the Minister, such persons as he or she considers appropriate to be authorised officers for the purpose of all or any of the functions that the person may exercise under the service agreement*
*These authorised officers are excluded from enforcing the Act in relation to (a) an animal of the bovine (cattle), ovine (sheep), porcine (pig) or caprine (goat) species which is kept on a farm for the commercial production of food for human consumption, or (b) a horse kept on such a farm.
Part 8 Enforcement
- S39 Power of member of Garda Síochána to arrest without warrant.
- S40 Search of suspects and stopping vehicles (includes power to seize and detain)
- S42 Animal health and welfare notice
- S55 Summary proceedings
(1) An offence under this Act may be prosecuted summarily by—
(a) the Minister, other than in respect of an offence under section 18 or section 22 ,
(b) the local authority in whose functional area the offence is alleged to have been committed, or
(c) a member of the Garda Síochána, in accordance with section 8 of the Garda Síochána Act 2005.(2) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Act may be instituted within 12 months of the commission of the offence.
Penalties
Powers Under the Act
Power to seize and detain an animal and move to a PLACE OF SAFETY
A “place of safety” can be anywhere a Garda “thinks fit” (see S 12 (7))
Power to search, detain suspect, seize evidence.
Permission for veterinary practitioner to examine.
Animal Health and Welfare Notice
An Animal Health and Welfare Notice is issued by an Authorised Officer to instruct owner/keeper to improve welfare of animal.
Example of Offences
- Causing unnecessary suffering
- Failing to safeguard the welfare of an animal
- Failing to provide sufficient food
- Being neglectful regarding the health of an animal
- Failure to seek veterinary attention
- Being reckless regarding the health and welfare of an animal
Failure to Safeguard Animal Welfare
11.—(1) A person who has a protected animal in his or her possession or under his or her control shall, having regard to the animal’s nature, type, species, breed, development, adaptation, domestication, physiological and behavioural needs and environment, and in accordance with established experience and scientific knowledge, take all necessary steps to ensure that—
(a) the animal is kept and treated in a manner that—
(i) safeguards the health and welfare of the animal, and
(ii) does not threaten the health or welfare of the animal or another animal,and
(b) all buildings, gates, fences, hedges, boundary walls and other structures used to contain the animal are constructed and maintained in a manner so that they do not cause injury or unnecessary suffering to the animal.
Section 11 – Animal Health and Welfare Act 2013
Animal Ownership
In proceedings for an offence under this Act an animal, animal product, animal feed or other thing is presumed, unless the contrary is shown, to be owned by the occupier or person in charge of the land or premises on which it was found.
Part 2 Prevention and Control of Animal Disease
- S8 (1) and (2) Prohibition on farm animals straying.
- S10 Prohibition on spreading disease.
Part 3 Animal Welfare
- S11 Duty to protect animal welfare
- S12 Prohibition on animal cruelty
- S13 Feeding of animals
- S14 Prohibition on abandonment of animals
- S15 Prohibition on animal fighting, etc.
- S16 Prohibited operations and procedures
- S17 Use of anaesthetics, etc.
- S18 Protection of animals from poison
- S19 Inspection of protected animals and equipment
- S20 Records as regards intensive units
- S21 Welfare of animals during sale
- S22 Regulation of sale of animals to minors
- S23 Humane destruction of animal
- S24 Measures relating to animals in distress
- S27 Duty to pay levy before export of live animals
Dog Ear cropping and Tail Docking
Procedures that involve the removal of sensitive tissue or bone are prohibited (with certain exceptions), under the Animal Health and Welfare Act 2013.
Additional Measures re: Dog Ear Cropping
- From 1 September 2023, it will be illegal for a person to be in possession, or have control, of a dog that has had all, or part, of its ears removed after this date (1 September), unless the person has in their possession the necessary documentation. Depending on the circumstances, the required documentation may be an import licence, a veterinary certificate or a record issued by an animal welfare charity.
- It will be illegal to import into Ireland a dog with cropped ears unless an import licence is granted in advance.
- The sale or supply of dogs with cropped ears (other than by listed animal welfare charities) will also be prohibited.
- The new regulations also address availability of so-called “DIY dog ear cropping kits”, which can be used to carry out this mutilation. Possession, sale or supply of such equipment will be restricted to veterinary practitioners or their suppliers.
- These regulations also prohibit owners or occupiers of land or premises in which shows, competitions, sporting or cultural events are held from having dogs with cropped ears present at such events.
Part 4 Codes of Practice
Part 5 Animal Health Levies
- S29 Duty to keep records.
Part 10 Proceedings and Sanctions
- S58 Disqualification
Part 11 Animal Tracing Systems
- S63 Animal tracing systems
- S64 Census of animals
Part 12 Animal Marts
- S66 Prohibition of unlicensed animal marts, etc.
- S67 Grant of licences for animal marts, etc.
- S70 Regulations in relation to animal marts.
Part 13 Miscellaneous
- S72 Forgery
Animal Welfare Guidelines/Codes of Practice
Section 25 of the Animal Health and Welfare Act covers Codes of Practice.
(4) A person who has in his or her possession or under his or her control an animal of a particular class or description shall have due regard to a code of practice that applies in relation to an animal of that class or description.
(6) In proceedings for an offence under this Act relating to an animal where there was a code of practice in effect at the time of the commission of the alleged offence, subsection (7) applies.
(7) Where it is shown in any proceedings that an act or omission of the accused constituted an element of an offence and such act or omission was—
(a) a failure to observe a code of practice referred to in subsection (6), or
(b) in compliance with that code of practice,
the failure or compliance is admissible in evidence.
Section 25 of the Animal Health and Welfare Act
The Farm Animal Welfare Advisory Council (FAWAC) publish animal welfare guidelines/codes of practice for different species. See publications.
