Dog Breeding Establishments Bill 2009

Background to the Bill

The Dog Breeding Establishments Bill, 2009 has completed Committee Stage in the Seanad, where it was initiated. Dog breeding establishments are unregulated save for those which are members of the Irish Boarding Kennels and Cattery Association and other similar groups and who submit to a form of self regulation.

A Working Group was set up in September 2004 by the then Minister, Dick Roche, T.D. to consider the regulation of dog breeding establishments and to make recommendations on the proper management of such establishments. Recommendations were submitted to the Minister in August 2005.  These were complicated by the fact that there was disagreement in the Group. This resulted in one set of majority recommendations and three minority recommendations being presented to the Minister. Following further consultations the Minister agreed to make regulations based on the majority recommendations. 

Provisions of the Bill

The Dog Breeding Establishments Bill 2009 incorporates most of the recommendations of the Working Group. The main features of the Bill are as follows:
 

• A State regulated registration system for dog breeding establishments will be put in place.  These regulations will be enforced through the existing local authority dog control structures.

• The legislation will define a dog breeding establishment as a premises at which are kept not less than 6 bitches each of which is more than 4 months old and capable of being used for breeding purposes. This may be changed to 6 months old.

• The cost of regulation and inspection of these establishments will not fall on the general population but will be borne by the dog breeding establishments through a registration fee.  This fee will vary in accordance with the amount of breeding bitches starting at €400 for a premises with 6-12 bitches, 4 months old and capable of breeding.  The fee will be payable to the local authority and the monies raised are intended to cover the costs of regulation and inspection.

• It is a requirement of the regulations that all dogs in dog breeding establishments will be microchipped prior to sale, transfer or assignment.

• This Bill provides that a period of up to 3 months will be provided from the commencement of the Act for dog breeding establishments to be registered. The Minister has indicated that he will increase this to 6 months. It shall be lawful for an existing dog breeding establishment to continue to operate for this period.

• Inspections will not necessarily be mandatory. A local authority shall register a premises unless the application is not completed properly or where the local authority has formed the opinion that the premises are not suitable to operate as a dog breeding establishment.

• There is provision for appeal to the District Court, in cases of refusal to registar, requirements to improve the establishments or notice for closure of the establishment.

• Some minor adjustments are included in regard to general District Courts complaints and fines for offences.  The dog licence fee will increase from the current cost of €12.70 to €20.