GREYHOUND RACING ACT 2019

41. Obstruction etc. of authorised officer

41. (1) A person who—

• (a) obstructs, interferes with or impedes an authorised officer, or any person who accompanies such officer, in the course of exercising a function conferred on the officer under this Part,

• (b) fails or refuses to give to an authorised officer any information within his or her knowledge which the officer requires under this Part,

• (c) in giving any such information, gives information which, to his or her knowledge, is false or misleading in any material particular, or

• (d) fails or refuses to comply with any requirement for assistance under section 38 (1), requisition of facilities under section 38 (2) or a requirement or direction under section 39,

commits an offence and is liable on summary conviction to a class C fine.

• (2) A statement or admission made by a person under a requirement for information under section 37(1)(f) or 39(a) is not admissible as evidence in proceedings brought against that person for an offence (other than an offence under this section for failing to give information or giving false information) under the Greyhound Racing Acts 1958 to 2019.

• (3) In proceedings brought against a person for an offence under this section, it shall be a defence for the person to show that, at the time of the alleged offence, he or she had reasonable cause for not complying with the requirements or directions of an authorised officer under this Part.

PART 7 Investigations by Board

42. Investigations by Board - breaches of Racing code

42. (1) Subject to subsection (2), the Board may cause any matter in relation to an alleged breach of the Racing code to be investigated in such manner as it thinks proper.

• (2) Where the Board is notified of an alleged breach of substances regulations it shall refer the matter to the Control Committee.

• (3) The Board shall appoint an authorised officer or a member of its staff or such other person it considers suitably qualified to be an investigating officer for the purposes of conducting an investigation under this section.

• (4) For the purposes of an investigation under this section, the investigating officer may, by notice served on any person, require that person—

• (a) to furnish to him or her any information or records in his or her possession which he or she may reasonably consider necessary for the investigation and specified in the notice, and

• (b) where appropriate to attend before the investigating officer for the purposes of the investigation.

• (5)
• (a) Where an investigating officer forms the view that there has been a breach in respect of any matter which he or she is investigating or the person concerned has failed to co-operate with the investigation, the officer shall report this to the Board.

• (b) The report of an investigating officer in relation to an investigation given to the Board shall include—

• (i) the investigating officer’s findings in relation to the matter,

• (ii) details of any failure by the person concerned to comply with subsection (4), and

• (iii) the recommendation of the investigating officer.

• (6) Where the Board, having considered a report under subsection (5), considers there may be a sanction breach of the Racing code, other than in respect of a breach of substances regulations, by a person it shall give notice to the person that it intends to refer the matter to the Control Committee and offer the person an opportunity to make representations to it within 14 days of the service of the notice, and if, no such representations are received or having considered any representations it decides to refer the matter to the Control Committee, it shall then refer the matter to the Control Committee to decide the matter at a hearing and shall, if it so considers, may make recommendation as to any appropriate racing sanction the Control Committee might impose.

• (7) Where the Board considers that there are matters of concern to the Club, it may notify such matters to the Club.

PART 8 Control Committee and Appeal Committee - racing sanctions

Chapter 1 Control Committee

43. Jurisdiction of Control Committee and Appeal Committee

43. (1) The Control Committee and the Appeal Committee has the power under section 46 to determine matters in respect of sanction breaches of the Racing code.

• (2) A person who enters a greyhound in a greyhound race at a greyhound race track or at trial, trains greyhounds for the purposes of racing or trials, breeds or sells greyhounds for the purpose of greyhound racing or participates in greyhound racing is subject to the jurisdiction of the Control Committee and Appeal Committee in respect of any sanction breach of the Racing code which may result in the imposition of a racing sanction.

• (3) It is a condition of a greyhound race track licence, a course-betting permit or a licence, permit or approval (within the meaning of section 30), whether stated on the face of the licence, permit or approval or not, that the licensee or permit or approval holder is subject to the jurisdiction of the Control Committee and Appeal Committee in respect of any sanction breach of the Racing code which may result in the imposition of a racing sanction.

• (4) In this section “participates in greyhound racing”, in relation to a person, means—

• (a) the owner, trainer, agent, kennel hand or handler of a greyhound entered in a greyhound race at a greyhound race track,

• (b) a person who enters a greyhound in a greyhound race as agent for or on behalf of another and a person who causes another to enter a greyhound in a greyhound race on his or her behalf,

• (c) a person who presents a greyhound for sale or enters a greyhound at a trial, or

• (d) any person who is subject to the Racing code.

• (5) The Control Committee or the Appeal Committee may, following consultations with the Board, make procedural rules for the conduct of hearings and, if such rules are made, shall publish those rules.

44. Greyhound Racing Control Committee

44. (1) There is established a committee to be known as the Greyhound Racing Control Committee (“Control Committee”) to perform the functions conferred on it under subsection (2).

• (2) It is the function of the Control Committee to decide if there has been a sanction breach of the Racing code.

• (3) The Control Committee is independent in the performance of its functions.

• (4) The quorum for the Control Committee shall consist of a chairperson or deputy chairperson (if one is appointed) and any 2 ordinary members.

• (5) The chairperson of the Control Committee—

• (a) shall be appointed by the Minister, and

• (b) shall hold office for 5 years from the date of his or her appointment.

• (6) A maximum of 8 ordinary members of the Control Committee shall be appointed by the Minister and shall include one or more than one veterinary practitioner and a practising solicitor or barrister of at least 5 years standing.

• (7) The chairperson may nominate one of the 8 ordinary members as deputy chairperson and such member will deputise for the chairperson when the chairperson so requests or in the event that the chairperson is unable to perform his or her functions.

• (8) An ordinary member of the Control Committee shall hold office for 4 years from the date of his or her appointment.

• (9) A member of the Control Committee may serve not more than 2 consecutive terms.

• (10) Where a member of the Control Committee, whose term of office has expired, has not been reappointed or may not be reappointed by virtue of having served 2 consecutive terms, the member shall continue in office until the vacancy occasioned by the expiration of his or her term of office is filled by the appointment of another person.

• (11) If the chairperson or an ordinary member of the Control Committee dies, becomes disqualified from holding, resigns or is removed from office, the Minister may appoint a person to be the chairperson or a member of the Control Committee to fill the vacancy so occasioned.

• (12) The person appointed to be the chairperson or a person appointed to be an ordinary member of the Control Committee under subsection (11) holds office for the remainder of the term of office of the member of the Committee, the cessation of whose term of office occasioned the vacancy.

• (13) The chairperson or an ordinary member of the Control Committee may resign from office by notice in writing to the Minister and the resignation takes effect on the date on which the Minister receives the notice.

• (14) A member of the Board or the Appeal Committee shall not be a member of the Control Committee.

• (15) A member of the Control Committee shall disclose any potential conflict of interest in accordance with section 12.

• (16) A member of the Control Committee ceases to be qualified for office and ceases to hold office if he or she—

• (a) is adjudicated bankrupt,

• (b) has a composition or arrangement with creditors,

• (c) is convicted of an offence under the Non-Fatal Offences against the Person Act 1997 or an offence involving cruelty to an animal or relating to animal welfare,

• (d) is convicted of an indictable offence in relation to a company or an existing company (within the meaning of the Companies Act 2014),

• (e) has a conflict of interest of such significance that, in the opinion of the Minister, such conflict requires that he or she should cease to hold office,

• (f) is convicted of an offence involving fraud or dishonesty,

• (g) is sentenced to a term of imprisonment by a court of competent jurisdiction,

• (h) fails to disclose any potential conflict of interest in accordance with subsection (15), or

• (i) is subject to an exclusion order.

• (17) There shall be paid out of the income of the Board to members of the Control Committee such remuneration and allowances for expenses (if any) incurred by them in the discharge of their functions as the Board may determine with the consent of the Minister and the Minister for Public Expenditure and Reform.

• (18) The Board shall provide the secretarial and executive functions necessary to serve the work of the Control Committee.

• (19) The Control Committee may, after consulting with the Appeal Committee, make policy recommendations to the Board in relation to matters within the jurisdiction of the committee.

• (20) The Control Committee may publish its decisions including the details of any racing sanctions it imposes together with the name and address of any individual who is the subject of a racing sanction after—

• (a) the period for appeal has expired without an appeal being made by that individual, or

• (b) in the event of an appeal being made, the appeal be not successful.

45. Hearings of Control Committee

45. (1) Where the Board refers to the Control Committee under section 42(2) or (6) an alleged breach of the Racing code, the Control Committee shall hold a hearing in respect of the matter in order to make a decision on the matter.

• (2) The Control Committee shall establish procedures for the conduct of hearings under this section.

• (3) The Control Committee shall notify the person affected of any matter referred to it under section 42(2) or (6) and details of any procedure to be followed by the Committee and the time and place of any hearing to be held. The notification shall state that submissions maybe made within the period stated in the notice.

• (4) Where a person is alleged to have breached the Racing code and the matter has been referred to the Control Committee under section 42(6), the person may make submissions to the Control Committee (whether orally or in writing as the Committee may decide) within 14 days of being notified under subsection (3) or, upon the application of the Board such lesser period.

• (5) Subsections (3) and (4) do not apply where in the opinion of the Board, in consultation with the Control Committee, in the event of an alleged breach of substances regulations, the matter should be heard immediately or at such time as the Board decides.

• (6) In considering any matter referred to it under this section, the Control Committee may require attendance at a hearing of such persons as it considers necessary and hear such submissions as may be made at a hearing.

• (7) The Control Committee may make a decision on any matter referred to it in the absence of a person who has failed to attend a hearing, where the person, has failed not later than 21 days from the date set for the hearing, to give to the Committee an explanation for such non-attendance, which in the opinion of the Committee is reasonable in the circumstances.

• (8) Where the Control Committee holds a hearing in respect of any matter it shall make a decision on the matter.

Chapter 2 Racing sanctions

46. Racing sanctions

46. (1) Where the Control Committee under section 45 or the Appeal Committee under an appeal under section 49 determines that a person has breached the Racing code which is a sanction breach of the code, the Committee, having regard to the seriousness of the breach and any recommendation of the Board under section 42(6), may, giving reasons, decide to impose any of the following sanctions (“administrative racing sanctions”) that is to say—

• (a) give an advice, admonishment or censure, in writing,

• (b) make—

• (i) a disqualification order, or

• (ii) an exclusion order,

or

• (c) revoke or suspend a greyhound race track licence, a course-betting permit or a licence, permit or approval (within the meaning of section 31), held by the person,

and may direct the person to pay costs or expenses of any investigations or hearings.

• (2) In addition to any administrative racing sanction imposed under subsection (1), the Control Committee or the Appeal Committee, where—

• (a) it believes that a person—

• (i) sought or attempted to cause a benefit or a detriment to a person involved in the sport (including himself or herself),

• (ii) neglected or disregarded the health or welfare of a greyhound, or

• (iii) failed to co-operate with an investigation under section 42 in relation to the breach concerned,

or

• (b) the person has breached substances regulations,

may, giving reasons, require the person to pay a sum (“sanction payment”) not exceeding €12,500 to the Board.

• (3) A person who fails to pay a sanction payment or the costs or expenses of any investigation or hearing imposed on him or her shall not be permitted to train, transfer ownership of or race greyhounds or attend at a greyhound race track until the amount is paid in full.

• (4) A person who enters a greyhound race track in contravention of subsection (3) may be required to leave the track. A person who fails to leave may be removed (using reasonable force) by any person acting under the direction of the licensee under the greyhound race track licence relating to the track.

• (5) The Board may publish the names and addresses of persons who have failed to pay sanction payments required to be paid under subsection (2) by the Control Committee or on appeal under section 49 confirmed or imposed by Appeal Committee or costs or expenses referred to in subsection (3).

• (6) A sanction payment payable under the direction of the Control Committee or the Appeal Committee shall be paid to the Board and be accounted for by the Board in its annual accounts.

• (7) The Board may recover a sanction payment and the costs or expenses of any investigations or hearings as a simple contract debt in a court of competent jurisdiction from the person who is liable for such debt.

• (8) The Control Committee may stay the imposition of an administrative racing sanction providing for revocation or suspension of a licence, permit or approval for the period of 21 days following the Control Committee’s decision or in the event of an appeal under section 49 pending the outcome of that appeal.

• (9) The Control Committee shall keep records of its decisions at hearings and any racing sanctions it imposes and state in the records the reasons for reaching the decision or imposing the sanction.

47. Disqualification orders

47. (1) Where the Control Committee imposes as an administrative racing sanction a disqualification order, the order disqualifies any greyhound specified in the order and any other greyhound kept, owned, trained or managed by the person specified in the order from one or more of the following as is specified in the order:

• (a) registration in the Irish Greyhound Stud Book;

• (b) entry to any greyhound race or trial at any greyhound race track;

• (c) transfer of ownership;

• (d) acceptance for sale at any public sale of greyhounds;

• (e) use in breeding, including use of ova, semen or embryos of the greyhound.

• (2) A disqualification order shall specify the terms and conditions in which the order may be revoked or varied by the Control Committee and, where appropriate, it shall specify the period of time for which the disqualification order applies.

• (3) A disqualification order may be varied or revoked in whole or in part on appeal by the Appeal Committee upon application to it under section 49.

• (4) Section 45 of the Principal Act is repealed.

• (5) A disqualification order in place under section 45 of the Principal Act on the commencement of this section—

• (a) shall continue in being as though it was made under section 46(1)(b)(i), and

• (b) may be revoked by the Board.

48. Exclusion orders

48. (1) Where the Control Committee imposes as an administrative racing sanction an exclusion order, the order prohibits the person specified in the order from either or both of the following as is specified in the order:

• (a) being on a greyhound race track;

• (b) being at a public sale of greyhounds.

• (2) An exclusion order shall specify the terms and conditions in which the order may be revoked or varied by the Control Committee and, where appropriate, it shall specify the period of time for which the exclusion order applies.

• (3) An exclusion order may be varied or revoked by the Appeal Committee upon application to it under section 49.

• (4) Where a person to whom an exclusion order applies—

• (a) enters or is found on any greyhound race track, any person acting under the direction of the licensee under the greyhound race track licence relating to the track, or

• (b) is found at any public sale of greyhounds, any person acting under the direction of the person conducting the sale,

may require the first-mentioned person to leave the track.

• (5) A person who fails to comply with a requirement under subsection (4) to leave a greyhound race track or public sale—

• (a) may be removed (using reasonable force) from the track or sale by a person acting under the direction of the licensee under the greyhound track licence relating to the track or the person conducting the sale, as the case may be, and

• (b) commits an offence and is liable on summary conviction to a class C fine.

• (6) An exclusion order made by the Board in place under section 47 of the Principal Act shall on the commencement of this section—

• (a) continue in being as though it was made under section 46(1)(b)(ii), and

• (b) may be revoked by the Board.

• (7) Section 47 of the Principal Act is amended—

• (a) by substituting for subsection (1) the following:

• “(1) The Club may by order (in this section referred to as an “exclusion order”) prohibit a person from being at an authorised coursing meeting.”,

and

• (b) by deleting subsections (2) to (5) and (7).

Chapter 3 Appeal Committee

49. Appeals of decision of Control Committee to Appeal Committee

49. (1) A person to whom it relates or the Board may appeal a decision of the Control Committee under section 45 to the Appeal Committee within 21 days of the making of the decision.

• (2) An appeal (other than by the Board) under this section shall be accompanied by such reasonable fee (if any) as may be determined by the Board in consultation with the Appeal Committee.

• (3) An appeal under this section, if not withdrawn, shall be determined by the Appeal Committee—

• (a) by confirming the decision of the Control Committee to which the appeal relates including its decision in relation to costs, or

• (b) by cancelling the decision and replacing it with such other decision as the Appeal Committee considers appropriate, which may be a decision—

• (i) to impose different racing sanctions, or

• (ii) not to impose a racing sanction on the person.

• (4) The Board is a party to an appeal under this section.

• (5) The Appeal Committee shall keep records of its decisions in respect of appeals under this section and the reasons for reaching them.

• (6) The Appeal Committee may publish the details of its decisions, including details of any racing sanctions or licence or permit revocations or suspensions that it confirms or imposes together with the name and address of any person who is the subject of a decision of the Committee.

50. Appeal Committee

50. Section 50 of the Principal Act is amended—

• (a) by substituting for subsection (1) the following:

• “(1) The Greyhound Racing Appeal Committee (‘Appeal Committee’) continues in being to determine appeals provided for by—

(a)section 49 of the Greyhound Racing Act 2019 pertaining to decisions of the Control Committee, and

- (b) section 51 pertaining to decisions of the Board.

• (1A) The members of the Appeal Committee who held office immediately before the commencement of section 50 of the Greyhound Racing Act 2019 cease to hold office upon such commencement but any such member is eligible to be reappointed as a member of the committee under this section.”,

• (b) in subsection (2)(a), by inserting “Court of Appeal,” after “Supreme Court,”,

• (c) by inserting after subsection (2) the following:

• “(2A) A member of the Board, an office holder in the Club or member of the Control Committee shall not be a member of the Appeal Committee.”,

• (d) by substituting for subsection (4) the following:

• “(4) A member of the Appeal Committee may—

  • (a) by letter addressed to the Minister resign his or her membership and the resignation takes effect when the Minister receives the letter, or

  • (b) at any time be removed from office by the Minister if, in the opinion of the Minister, he or she has become incapable through ill-health of effectively performing his or her functions or has committed stated misbehaviour.”,

• (e) by inserting after subsection (5) the following:

• “(5A) A member of the Appeal Committee may serve a maximum of 2 consecutive terms.

• (5B) Where a member of the Board, whose term of office has expired, has not been reappointed or may not be reappointed by virtue of having served 2 consecutive terms, the member shall continue in office until the vacancy occasioned by the expiration of his or her term of office is filled by the appointment of another person.”,

and

• (f) by substituting for subsection (9) the following:

• “(9) A member of the Appeal Committee (other than a judge) shall be paid by the Board such remuneration (if any) and allowances for expenses (if any) as the Board with the consent of the Minister and the Minister for Public Expenditure and Reform determines.

• (10) The Board shall provide the secretarial and executive functions necessary to serve the work of the Appeal Committee.”.

51. Appeals to Appeal Committee

51. Section 51 of the Principal Act is amended—

• (a) by substituting for subsections (1) and (2) the following:

• “(1) Where a greyhound race track licence, a course-betting permit or a licence, permit or approval (within the meaning of section 30 of the Greyhound Racing Act 2019) is refused or is revoked or suspended (other than as an administrative racing sanction under section 46(1)(c) of the Greyhound Racing Act 2019) the applicant, licensee or permit or approval holder may, within the period of 21 days beginning on the day on which the Board decides on the refusal, revocation or suspension and subject to subsection (8), appeal in writing (including by electronic means) to the Appeal Committee in such form as it decides against the refusal, revocation or suspension.

• (2) Where a regulation is made under section 20(1) of the Greyhound Racing Act 2019 for the purposes of paragraph (c) of that subsection, a licensee of a greyhound race track may, within the period of 21 days beginning on the day on which the regulation is made and subject to subsection (8), appeal in writing to the Appeal Committee against the regulation.”,

• (b) by substituting for subsection (4) the following:

• “(4) For the purposes of subsection (1), where a licence, permit or approval referred to in that subsection is refused, revoked or suspended—

  • (a) notice of the refusal, revocation or suspension and of the appeal procedure under this section shall be served on the applicant, licensee or permit holder within the period of 7 days beginning on the day on which the Board decides on the refusal, revocation or suspension, and

  • (b) in the case of a revocation or suspension, the revocation or suspension shall be expressed (and, subject to subsection (6), shall have effect accordingly) as coming into operation on a specified day after the expiration of the period of 21 days beginning on the day on which the Board decides on the revocation or refusal.”,

• (c) in subsection (6), by substituting for paragraph (a) the following:

• “(a) an appeal is taken under this section against the revocation or suspension or a licence, permit or approval, and”,

and

• (d) in subsection (8), by substituting “€500” for “the sum of five pounds”.

52. Notification of decisions of Control Committee and Appeal Committee

52. (1) The Control Committee and Appeal Committee shall make known its decision on any matter, giving reasons, to the person affected by it either—

• (a) at the conclusion of the hearing, or

• (b) by notification sent within one month after the conclusion of the hearing.

• (2) In the event of an appeal of a decision of the Control Committee to the Appeal Committee (other than a decision in relation to the breach of substances regulations) any racing sanction or any sanction payment shall be stayed pending the outcome of the appeal.

53. Appeal to District Court

53. (1) Where the Appeal Committee determines that an exclusion order should be imposed under section 46(1)(b)(ii), the person the subject of that determination, may appeal that decision to the District Court.

• (2)
• (a) Where the Appeal Committee determines that a person is required to pay a sanction payment, the person subject of that determination, may appeal the amount of the sum to the District Court.

• (b) The Court, in any application made to it under paragraph (a), may affirm the sum, or vary the sum by substituting a greater or lesser amount having regard to—

• (i) the findings of the Appeal Committee,

• (ii) the seriousness of the factors mentioned in section 46(2), in particular the potential harm to the integrity of the sport, and

• (iii) the fairness of the sum in all the circumstances.

• (3) In the event of an appeal of a decision mentioned in subsection (1) or (2), the District Court may, upon application to it, stay an exclusion order under section 46(1)(b)(ii) or a sanction payment, subject of that appeal, pending the outcome of the appeal.

• (4) An appeal under this section shall be taken within 14 days from the date the appellant is notified of the determination of the Appeal Committee.

Chapter 4 Proofs

54. Proof of certificate of analysis

54. In any hearing under section 45 by the Control Committee or appeal to the Appeal Committee under section 49 or section 51 of the Principal Act or in any proceedings, a certificate, issued under regulations under section 27, purporting to be signed by a person employed or engaged in the analysis of samples provided under those regulations at an analysis laboratory, stating the capacity in which the person is so employed or engaged and stating any one or more of the following, namely—

• (a) that the person received the sample sent under regulations under section 27, to the analysis laboratory,

• (b) that, for such period as is specified in the certificate, the person had in his or her custody the sample so sent,

• (c) that the person gave to such other person as is specified in the certificate the sample so sent,

• (d) that the person carried out the analysis of the sample, and

• (e) the results of the analysis,

shall, unless the contrary is shown, be evidence of the matters stated in the certificate.

PART 9 Miscellaneous

55. Miscellaneous amendments to Principal Act

55. The Principal Act is amended—

• (a) in section 5(4), by inserting “or the Minister under section 36(1A)” after “by the Board under this Act”,

• (b) in section 22(3), by inserting “and the reasons for the refusal” after “proposal”,

• (c) in section 23(6), by substituting “class A fine” for “fine not exceeding €1,500” (as amended by the Act of 1999),

• (d) in section 24(2), by inserting “and the reasons for the suspension or revocation” after “proposal”,

• (e) in section 28(2), by substituting “class A fine” for “fine not exceeding €1,500” (as amended by the Act of 1999),

• (f) in section 29(3), by inserting “and the reasons for the refusal, suspension or revocation” after “proposal”,

• (g) in section 30(3), by substituting “class B fine” for “fine not exceeding €500” (as amended by section 12 of the Act of 1999),

• (h) in section 34(2), by substituting “class A fine” for “fine not exceeding €1,000” (as amended by the Act of 1999),

• (i) in section 35(2), by substituting “class A fine” for “fine not exceeding €1,000” (as amended by the Act of 1999),

• (j) in section 36—

• (i) by deleting subsection (1), and

• (ii) in subsection (2) (inserted by the Greyhound Industry (Amendment) Act 1993) by substituting “class A fine” for “fine not exceeding €1,000”,

• (k) by deleting section 41,

• (l) in section 43(7), by substituting “class C fine” for “fine not exceeding €500” (as amended by the Act of 1999),

• (m) in section 44—

• (i) in subsection (2), by inserting “of the Club” after “authorised officer”, and

• (ii) in subsection (4), by substituting “class C fine” for “fine not exceeding €500” (as amended by the Act of 1999),

• (n) by deleting section 46,

• (o) in section 48—

• (i) in subsection (15), by substituting “class B fine” for “fine not exceeding €500” (as amended by the Act of 1999), and

• (ii) in subsections (17) and (18), by substituting “class A fine” for “fine not exceeding €1,000” (as amended by the Act of 1999), in each place where it occurs,

and

• (p) in section 49(2), by substituting “class A fine” for “fine not exceeding €1,000” (as amended by the Act of 1999).

56. Eligibility of registered greyhound to race

56. A greyhound registered in an Irish Greyhound Stud Book by the holder of the studbook is eligible to race in a greyhound race at a greyhound race track, unless the greyhound is determined to be ineligible to race in accordance with this Act.

57. Requirement on person who is intoxicated or aggressive to leave race track or public sale or the right to refuse such person entry

57. (1) Where a person—

• (a) on a greyhound race track, acting under the direction of the licensee under the greyhound race track licence, or

• (b) at a public sale of greyhounds, acting under the direction of the person conducting the sale,

is of the opinion that a person found there or trying to gain entry thereto is intoxicated or acting in an aggressive or intimidating manner to such an extent so as to be unfit to be on the track or at the public sale, or has previously been required to leave or prohibited from entering a race track or public sale, he or she may—

• (i) require that other person to leave the race track or sale, or

• (ii) refuse admission to that person to the race track or sale.

• (2) A person who fails to comply with a requirement to leave a race track or public sale or a refusal of admission to such or obstructs the person making the requirement or refusing admission—

• (a) may be removed (using reasonable force) from the track or sale, if thereon or thereat, by a person acting under the direction of the licensee under the greyhound track licence relating to the track or the person conducting the sale, as the case may be, and

• (b) commits an offence and is liable on summary conviction to a class A fine.

58. Data transfer

58. Information, including personal data (within the meaning of Article 4 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016¹ and section 69 of the Data Protection Act 2018) held by—

• (a) the Board,

• (b) the holder of an Irish Greyhound Stud Book,

• (c) the operator of a laboratory for the analysis of samples approved by the Board under regulations made under section 27(1) for the purposes of paragraph (r) of that subsection,

• (d) the operator of a database recognised, approved or established under regulations made under section 36 of the Animal Health and Welfare Act 2013, or

• (e) the Minister under the animal tracing systems database established under section 63 of that Act,

for the purposes of the Greyhound Racing Acts 1958 to 2019, the Welfare of Greyhounds Act 2011 or the Animal Health and Welfare Act 2013 may be exchanged by them with each other if such exchange is reasonably necessary and proportionate for the performance by them of their functions under those Acts.

PART 10 Welfare of Greyhounds

59. Amendment to Welfare of Greyhounds Act 2011

59. The Welfare of Greyhounds Act 2011 is amended—

• (a) in section 11—

• (i) in subsection (3), by substituting “subsection (2)” for “subsection (1)”, and

• (ii) by inserting after subsection (3) the following:

• “(3A) Only the progeny from the first 6 litters, or the first 8 litters where subsection (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 of section (3A) commits an offence,”,

and

• (b) in section 26(2), by substituting “11(1), (2) or (3B)” for “11(1) or (2)”.

PART 11 Amendments to Animal Health and Welfare Act 2013

60. Definition (Part 11)

60. In this Part “Act of 2013” means Animal Health and Welfare Act 2013.

61. Offences under section 36

61. Section 36 of the Act of 2013 is amended—

• (a) in subsection (4), by substituting for paragraph (b) the following:

• “(b) to which this paragraph applies, commits an offence and is liable—

  • (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

  • (ii) on conviction on indictment, to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 5 years, or to both.”,

• (b) by inserting after subsection (4) the following:

• “(4A) A person who contravenes or fails to comply with a provision of an instrument to which section 75 refers commits an offence and is liable—

  • (a) on summary conviction, to a class A fine, or to imprisonment for a term not exceeding 6 months, or to both, or

  • (b) on conviction on indictment, to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 5 years, or to both.”,

and

• (c) by inserting after subsection (6) the following:

• “(7) In proceedings for an offence under this section for a contravention of or failure to comply with animal health and welfare regulations in respect of the matters set out in paragraph 14B or 47 of Schedule 3, a certificate purporting to be signed by a person employed in connection with an animal identification database or an animal tracing system stating the capacity in which the person is employed and stating that on a particular day or days, or during a particular period—

  • (a) specified information required to be submitted—

    • (i) was received, or

    • (ii) by a named person was not received,

    and

  • (b) the information received and specified in the certificate is a legible copy of information stored in the system,

  is, until the contrary is shown, sufficient evidence of the facts stated in the certificate.”.

62. Compliance with EU Regulations - offence and penalty

62. The following section is inserted after section 36 of the Act of 2013:

“36A. Where a person contravenes or fails to comply with an obligation imposed on the person by a provision of a Regulation of an institution of the European Union relating to animals or animal products, including disease, health, welfare, identification, movement, transport, import, export, traceability, sale or supply, which is stated in regulations made under this section to be a breach to which this section applies, the person commits an offence and where the contravention or failure is stated in the regulations—

• (a) to be a breach to which this paragraph applies, is liable, on summary conviction, to a class A fine, or

• (b) to be a breach to which this paragraph applies, is liable—

  • (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

  • (ii) on conviction on indictment, to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 5 years, or to both.”.

63. Costs of detention of seized animal

63. The following section is inserted after section 38 of the Act of 2013:

“38A. (1) Where an animal is seized and detained under section 38(4)(v), the Minister or local authority in whose custody the animal is detained may make reasonable charges in respect of the costs of seizing the animal and of keeping the animal during its detention, of—

• (a) the occupier or person in charge of the land or premises on which the animal was found,

• (b) the person in possession or control of the animal at the time it was seized,

• (c) the owner of the animal, or

any or all of them.

• (2) A charge under subsection (1) shall include provision for expenses associated with transporting, sheltering and sustaining the animal, veterinary and other care and overheads incurred.

• (3) The Minister or local authority in whose custody an animal is detained may dispose of the animal if a person mentioned in subsection (1) fails to discharge a sum charged on him or her within 14 days of the placing of a notice on or near the land or premises from which the animal was detained or where representations received under subsection (5)(a) are unsuccessful, upon the person being informed of the decision.

• (4) The costs (including ancillary costs) of detaining an animal seized under section 38(4)(v) may be recovered by the Minister or local authority in whose custody the animal is detained from a person mentioned in subsection (1)—

  • (a) as a simple contract debt in a court of competent jurisdiction, or

  • (b) by deducting the sum from any moneys due, or becoming due, and payable by the Minister or local authority to a person mentioned in subsection (1).

• (5) Where the Minister or local authority in whose custody an animal is detained proposes to recover a charge under this section, the Minister or local authority, as the case may be, shall—

  • (a) place or cause a notice to be placed on or near the land or premises from which the animal was seized and detained stating the sum due, the reason the sum is due and that a person mentioned in subsection (1) may make representations relating to the proposal not later than 14 days from the date of the notice and specified in the notice,

  • (b) consider any representations made, and

  • (c) make a decision and inform the person making the representations of the decision and the reasons for the decision.”.

64. Animal health and welfare notice

64. Section 42 of the Act of 2013 is amended by inserting after subsection (3) the following:

• “(3A) An animal health and welfare notice may contain such incidental, supplementary and consequential measures relating to the keeping of records and the making of returns by the person on whom the notice is served as appear to the authorised officer serving the notice to be necessary for the purposes of the notice having full effect or of providing evidence that the notice has full effect.”.

65. Animal health and welfare regulations - matters in Schedule 3

65. Schedule 3 to the Act of 2013 is amended—

• (a) by inserting after paragraph 14 the following:

“14A. The regulation (including the restriction or prohibition) of the acquisition, possession, sale, supply or transport of an animal required to be identified.

14B. The establishment and maintenance of a database and entry on the database of information relating to an animal required to be identified and publication of information relating to such an animal.

14C. The operation and training of persons in connection with the provision and publication of information on and the operation of a database referred to in paragraph 14B.”,

• (b) by substituting for paragraph 21 the following:

“21. The regulation (including restriction or prohibition) of transport or movement of animals, animal products or animal feed, including provisions in respect of—

• (a) the conditions (including provision of adequate food and water) in which an animal is kept while being moved or transported to avoid any unnecessary suffering or discomfort, and

• (b) notification of the transport or movement, including any notification of adverse weather conditions forecast for the period of transport or movement.”,

and

• (c) by substituting for paragraphs 46 and 47 the following:

“EU matters

1. Giving effect to an act, or a provision of an act, of an institution of the European Union in respect of animals or animal products, including disease, health, welfare, identification, movement, transport, import, export, traceability or sale or supply of animals or animal products.

Collection of information in relation to animals and animal products (tracing systems)

1. The establishment and maintenance of systems (‘tracing systems’) by the Minister or another person to collect and process information (in electronic form or otherwise) relating to animals and animal products, including disease, health, welfare, identification, movement, transport, import, export, traceability, and sale or supply of animals or animal products.

2. Establishing standards for tracing systems whether established and maintained by the Minister or another person (including the training of persons involved in the operation of the systems).

3. Matters regarding tracing systems (including keeping a database in electronic form or otherwise) relating to animals and animal products for the purpose of—

4. (a) monitoring, controlling or preventing disease or the risk of disease,

5. (b) eradicating or reducing the incidence of disease, or

6. (c) monitoring, optimising or enhancing animal welfare.

7. The persons or classes of persons required to submit or keep information for tracing systems.

8. The species, type, breed or class of animal or type of animal product to which the collection of information to be kept on the database of a tracing system applies.

9. The period within which information to be kept on the database of a tracing system is to be submitted and to whom.

10. The form and content of information to be kept on the database of a tracing system.

11. Access to tracing systems (including databases).

12. Collection and management of information to be kept on the database of a tracing system on events relating to animals, including but not limited to, birth, movement (including persons who move animals), sale, slaughter, import, export and death, and land or premises where animals are kept.

13. Conferring functions, in relation to tracing systems (including management of information on databases) on specified persons or classes of person.

14. Regulating (including restricting or prohibiting) the use of tracing systems (including databases) in relation to the identification and traceability of animals, including collecting and managing information relating to animals, including birth, death, movement, sale, supply, export, slaughter or disposal.

15. Notification of the acquisition, movement, sale, supply, export or death of the animal entered or required to be entered on a database.

16. Regulating—

17. (a) the identification of animals by a local authority or charity engaged in work relating to the welfare of animals, and

18. (b) access to information kept on an animal tracing system database by a local authority or charity engaged in work relating to the welfare of animals.

19. Requiring cooperation between operators of tracing system databases, and the use of a common portal to facilitate access to information maintained on such a database, by persons or classes of persons specified, the parameters of access, the making and application of protocols between such operators and the giving of directions by the Minister in relation to such cooperation to operators of tracing system databases.”.

66. Miscellaneous amendments to Act of 2013

66. The Act of 2013 is amended as indicated in the Table to this section.

Table

Item	Provision amended	Amendment
1	Section 7(2)	Delete “, which is”.
2	Section 8(1)	Substitute “contained” for “contained, having regard to shared boundaries or commonage”.
3	Section 9	Delete section
4	Section 24(4)	Substitute “be recovered” for “berecovered”.
5	Section 27(2)(f)	Substitute “or class” for “or a class”.
6	Section 32(6)	Substitute “this section” for “section 34”.
7	Section 36(2)(a)	Delete “(including disease eradication areas)”.
8	Section 37(1)	Delete “or an authorised officer of the Department”.
9	Section 38(4)(c)	Insert “or an EU measure” after “under this Act”.
10	Section 39(1)	Delete “section 36(4)(b) or 52(2)” and substitute “section 36(4)(b) or (4A)(b), 36A(b) or 52(2)”.
11	Section 39(2)	Substitute “of that section” for “of that Act”. Delete “section 36(4)(b) or 52(2)” and substitute “section 36(4)(b) or (4A)(b), 36A(b) or 52(2)”.
12	Section 49(1)	Delete “section 18, 51(4) or 36(4)(a)” and substitute “section 18, 51(4), 36(4)(a) or 36A(a)”.
13	Section 51(5)	Substitute “a company formed and registered under the Companies Act 2014 or an existing company with the meaning of that Act” for “a company within the meaning of the Companies Acts”.
14	Section 55(1)	Delete “that”.
15	Section 60(1)	Delete “section 36(4)(b)(ii)” and substitute “section 36(4)(b)”.
16	Section 61(1)	Substitute “that a person is not taking adequate care of an animal, is unfit to keep the animal or that the owner of the animal is unknown or cannot be found, or” for “that, having regard, amongst other considerations, to medical evidence presented to him or her,”.
17	Section 72(1)(e)	Delete “or an animal health and welfare notice”.
18	Section 72(2)(e)	Delete “or an animal health and welfare notice”.

Footnotes