Welfare of Greyhounds Act 2011

PART 1 Preliminary and General

1. Short title and commencement.

1.— (1) This Act may be cited as the Welfare of Greyhounds Act 2011.

(2) This Act comes into operation on such day or days as the Minister may appoint by order either generally or with reference to any particular purpose or provision and different days may be appointed for different purposes or different provisions.

2. Definitions.

2.— In this Act—

“Act of 1986” means Control of Dogs Act 1986;

“Board” means Bord na gCon;

“Club” means Irish Coursing Club;

“greyhound” means a dog (including a bitch) entered in the Irish Greyhound Stud Book or the pup of a greyhound dog and greyhound bitch so entered;

“greyhound breeding establishment” means a premises used, in whole or in part, for breeding greyhounds at which not less than 4 greyhound bitches are kept, each of which—

(a) is more than 15 months old, and

(b) has been or is being used for breeding purposes,

but does not include a premises at which not less than 6 bitches (other than greyhound bitches), each of which is more than 6 months old and is capable of being used for breeding purposes, are also kept;

“Irish Greyhound Stud Book” means the stud book in which thoroughbred greyhounds are registered and identified under the Constitution of the Club;

“local authority” has the same meaning as in the Local Government Act 2001;

“Minister” means Minister for Agriculture, Food and the Marine;

“operator” means, in relation to a greyhound breeding establishment, the person who owns or manages the establishment or is otherwise responsible for the running of the establishment;

“premises” includes any land, building, dwelling or temporary construction;

“prescribed” means prescribed by regulations made by the Minister;

“register” has the meaning assigned to it by section 12;

“registration certificate” has the meaning assigned to it by section 12;

“veterinary practitioner” means a person registered under Part 4 of the Veterinary Practice Act 2005;

“welfare officer” means a person appointed under section 17.

3. Service of notifications, notices and documents.

3.— (1) A notification, notice or other document that is required to be given to or served on a person under this Act shall be addressed to the person by name and shall be given to or served on the person in one of the following ways—

(a) by delivering it to the person,

(b) by leaving it at the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, at that address, or

(c) by sending it by post in a pre-paid registered letter addressed to the person at the address at which the person ordinarily resides or carries on business or, in a case in which an address for service has been given, to that address.

(2) For the purposes of subsection (1), a company registered under the Companies Acts is deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body is deemed to be ordinarily resident at its principal office or place of business.

4. Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

5. Regulations.

5.— (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation is annulled accordingly, but without prejudice to the validity of anything previously done under it.

PART 2 Welfare Generally

6. Codes of practice.

6.— (1) The Board, having regard to the functions of the Club and after consultation with the Club, and with the consent of the Minister, shall—

(a) establish a code of practice, or

(b) adopt a code of practice published by another person (whether within the State or otherwise),

for the purpose of providing practical guidance relating to the welfare of greyhounds and related matters.

(2) The Board shall publish a code of practice on the internet in such form or manner as it thinks appropriate, specifying the date from which the code shall have effect.

(3) A code of practice may include different provisions in respect of different classes of greyhound.

(4) A person who keeps, trades, transports, rears, trains, races or courses a greyhound shall have due regard to a code of practice in so far as the code relates to a greyhound or class of greyhound kept, traded, transported, reared, trained, raced or coursed by the person.

(5) Before establishing or adopting or amending a code of practice the Board—

(a) shall publish on the internet a draft of the proposed code or amendment and shall give persons one month from the date of publication to make written representations to the Board in relation to the draft code or draft amendment, and

(b) may, having considered any representations received under paragraph (a), establish or adopt the draft code or draft amendment, with or without modification.

(6) The Board shall make available for public inspection, without charge, on the Board’s website on the internet and, during normal working hours at the principal office of the Board—

(a) a copy of a code of practice established or adopted by it, and

(b) where a code of practice has been amended by it, a copy of that code as amended,

and which is for the time being in force.

(7) A code of practice established or adopted by the Board which is in force immediately before the commencement of this section is deemed to be a code of practice under this section and may be amended or revoked in accordance with this section.

(8) In this section “code of practice” means a code of practice established or adopted under subsection (1) and any amendment to it.

7. Specific welfare standards.

7.— (1) A person who keeps, trades in, transports, breeds, rears, trains, races or courses a greyhound shall ensure that—

(a) the greyhound is kept at all times in accommodation that is suitable as respects construction, size of quarters, number of occupants, exercise facilities, temperature, lighting, ventilation and cleanliness,

(b) the greyhound is adequately supplied with suitable food, drink, and bedding material,

(c) the greyhound is adequately exercised,

(d) the greyhound is inspected at suitable intervals regarding its welfare,

(e) all reasonable measures are taken to prevent and control the spread among greyhounds of infections and contagious diseases, and

(f) appropriate measures are taken for the protection of the greyhound in case of fire or other emergency.

(2) A person shall, for the purposes of this section, keep such records as may be prescribed and shall make them available for inspection by a welfare officer at the request of the welfare officer.

(3) Records to which subsection (2) applies shall be in such form as may be prescribed.

8. Regulations regarding welfare and related matters.

8.— (1) The Minister may, after consultation with the Board and the Club, by regulations make provision for the protection and enhancement of the health, welfare and care of greyhounds.

(2) Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to—

(a) the provision of a proper supply of food and liquid to a greyhound,

(b) the housing of greyhounds, including—

(i) the dimensions and layout of housing,

(ii) the materials to be used in constructing housing, and

(iii) lighting, heating, cooling and ventilation,

(c) the operation, management and supervision of a premises (other than a dwelling) where a greyhound is kept, traded, bred, reared, trained, raced or coursed,

(d) the standards and maintenance of premises (other than a dwelling) where a greyhound is kept, traded, bred, reared, trained, raced or coursed and equipment, facilities and amenities used in connection with a greyhound, including the implementation of biosecurity measures,

(e) the provision and maintenance of drainage, water supply or other facilities for a greyhound, the sanitation and hygiene of premises (other than a dwelling) where a greyhound is kept, traded, bred, reared, trained, raced or coursed and equipment used in connection with a greyhound,

(f) the form, content and maintenance of records in respect of which matters to which paragraph (a), (b), (c), (d) or (e) relates,

(g) the protection of greyhounds from adverse environmental conditions,

(h) the keeping, breeding or rearing, training, racing or coursing of a greyhound in such a manner as to avoid unnecessary suffering,

(i) the provision of veterinary or other specialist treatment of a greyhound, where necessary,

(j) the transport of a greyhound, including—

(i) equipment, a vessel, vehicle, container, trailer or other thing used for, or ancillary to, the transport of a greyhound, or

(ii) care of the greyhound, including feeding, watering and rest periods,

(k) the information to accompany a greyhound or to be provided before or after the greyhound is transported, including the person to whom, and manner in which, the information is to be provided, or

(l) the isolation, segregation, treatment (including disinfecting and cleaning and treatment with an insecticide or other substance), disposal or destruction of a greyhound.

(3) Regulations under this section may—

(a) apply to greyhounds generally or to greyhounds of a particular class or description,

(b) apply to premises generally or to premises of a particular class or description,

(c) apply to vehicles, vessels or equipment generally or to vehicles, vessels or equipment of a particular class or description, and

(d) apply to persons generally or to persons of a particular class or description.

(4) A person who contravenes or fails to comply with a regulation made under this section stated in the regulations to be a penal provision commits an offence.

9. Irish Greyhound Stud Book and identification of greyhounds.

9.— (1) The Club may maintain the Irish Greyhound Stud Book in non-legible form if it is capable of being reproduced in legible form.

(2) Notwithstanding any rules of the Club, the Minister may, after consultation with the Board and the Club, make regulations regarding—

(a) the identification and traceability of a greyhound by means of a tattoo, document, genetic or electronic means or otherwise including—

(i) the manner in which the greyhound is to be identified,

(ii) the period within which, and the circumstances where, the greyhound is to be identified,

(iii) the person responsible for identifying the greyhound, and

(iv) the form, content and maintenance of records relating to the identification or traceability of the greyhound,

or

(b) the entry in the Irish Greyhound Stud Book of information obtained under the regulations.

10. Notification of sale or transfer of greyhound.

10.— (1) A person who sells or transfers ownership of a greyhound shall, within 14 days of the sale or transfer, give notice in writing to the Club of the fact, the identification of the greyhound and the name and address of the person to whom the greyhound is sold or transferred.

(2) A person to whom a greyhound is sold or transferred shall, within 14 days of the sale or transfer, give notice in writing to the Club of the fact, the identification of the greyhound and the name and address of the person from whom the greyhound was bought or transferred.

(3) If a greyhound dies, the person whose name is entered in the Irish Greyhound Stud Book as the owner of the greyhound shall, within 14 days, give notice in writing to the Club of the fact, the identification of the greyhound and the date of death.

(4) If more than one person is entered in the Irish Greyhound Stud Book as the owner of a greyhound, each person so entered is responsible for giving notice under this section.

(5) The secretary of the Club shall amend the Irish Greyhound Stud Book in accordance with a notice under this section.

(6) A person who contravenes subsection (1), (2) or (3) commits an offence.

(7) In this section “identification” in relation to a greyhound, means identification of the greyhound in accordance with any regulations made under section 9(2) or otherwise in accordance with rules of the Club.

PART 3 Greyhound Breeding

11. Restriction on breeding.

11.— (1) A person who causes or permits a greyhound bitch to be mated, inseminated or otherwise used for breeding purposes unless the bitch has reached the age of 15 months commits an offence.

(2) A person who causes or permits a greyhound bitch to give birth to more than 6 litters during her lifetime or, if subsection (3) applies, 8 litters, commits an offence.

(3) A person may permit a greyhound bitch to give birth to no more than two additional litters to the 6 litters referred to in F1[subsection (2)] if, prior to a mating or insemination leading to such birth—

(a) a veterinary practitioner certifies that the pregnancy and birth do not present a risk to the health or welfare of the bitch, and

(b) the certificate is lodged with the Club.

F2[(3A) Only the progeny from the first 6 litters, or the first 8 litters wheresubsection (3)applies, of a greyhound bitch may be registered in the Irish Greyhound Stud Book.

(3B) A person who attempts to register a greyhound in contravention ofsection (3A)commits an offence.]

(4) The keeper of the Irish Greyhound Stud Book shall not enter in the Irish Greyhound Stud Book the progeny of mating or the product of breeding which is the result of mating, insemination or breeding in contravention of this section.

12. Register of greyhound breeding establishments.

12.— (1) The Club shall establish and maintain a register of greyhound breeding establishments to be known as the register of greyhound breeding establishments (in this Act referred to as the “register”).

(2) Where a person proposes to operate a greyhound breeding establishment, he or she shall, in accordance with this section, apply to the Club to have the premises at which it is proposed to operate the greyhound breeding establishment registered in the register.

(3) A person who, immediately before the commencement of this section, was operating a greyhound breeding establishment shall, if he or she wishes to continue operating the establishment after such commencement, apply not later than 3 months after such commencement, to the Club to have the establishment registered in the register.

(4) An application under this section shall—

(a) be in writing,

(b) specify the name of the applicant and the address at which he or she ordinarily resides,

(c) specify the address of the premises at which the applicant intends to operate a greyhound breeding establishment or is operating a greyhound breeding establishment,

(d) contain such other information as may be prescribed, and

(e) be accompanied by such fee (if any) as may be prescribed, after consultation with the Board and the Club.

(5) Where the Club receives an application under this section it shall, subject to subsections (6) and (7), register the premises in respect of which the application is made in the register and, accordingly, shall enter the following in the register:

(a) the name of the applicant and the address at which he or she ordinarily resides,

(b) the address of the premises to which the application relates,

(c) the maximum number of bitches capable of being used for breeding purposes that may be kept at the premises, and

(d) any conditions attaching to the registration in accordance with subsection (9).

(6) The Club shall not register a premises under this section if—

(a) the application does not comply with subsection (4), or

(b) it is of the opinion that the premises, the subject of the application, is not suitable for the operation of a greyhound breeding establishment.

(7) The Club may refuse to register a premises under this section if, by reason of—

(a) the commission by the applicant of—

(i) an offence under this Act or the Act of 1986, or

(ii) an offence involving cruelty to an animal,

or

(b) the contravention by the applicant of—

(i) this Act or any regulations under this Act, or

(ii) the Act of 1986 or any regulations or bye-laws under that Act, or

F3[(iii) Part 2 or 3 or regulations made undersection 36of the Animal Health and Welfare Act 2013,]

the Club considers that such refusal is necessary to safeguard the health and welfare of a greyhound.

(8) The Club shall not make a decision to refuse to register a premises or greyhound breeding establishment under this section until it has considered any representations made by the applicant in accordance with section 13.

(9) The Club may, after considering any representations made by an applicant in accordance with section 13, attach such conditions as it considers appropriate to the registration of a premises or greyhound breeding establishment under this section having regard to the need to protect and maintain the health and welfare of greyhounds.

(10) Without prejudice to the generality of subsection (9), conditions attached to registration in the register may—

(a) relate to the construction of the premises,

(b) limit the number of bitches or pups that may be on the premises,

(c) relate to the housing, bedding, feeding or exercising of bitches and pups,

(d) relate to the training and competence of persons employed at the establishment, or

(e) detail records, and the form and maintenance of records.