animal mistreatment and the rights of the owner

jsamandstu

If someone is reported for mistreatment of animals do the authorities need that person's permission (or knowledge) to go onto the land and inspect the animals?

Reloc8

Depends sort of on the animal/offence involved.

Control of Horses Act 1996 allows entry to premises/vehicles without warrant where an offence is suspected of being committed under the Act.

Protection of Animals Act 1911 (as amended) permits a person 'apprehended' in charge of an animal on foot or in a vehicle to have the animal taken from them for the purpose of proceedings under the Act (going from memory here).

S. 8 of the Protection of Animals Kept for Farming Purposes Act 1984 allows authorised officers of the Department (Agriculture) and/or gardai to entry without warrant places where farm animals are kept and to inspect them/take samples/sample their food & waste etc.

Our man in Havana

Other than those cases they cannot enter land without a warrant.

It should be noted that the ISPCA and other animal welfare groups have absolutely no statutory powers and can be refused entry to any property. They will need the assistance of the Gardaí to do anything.

Delancey

I have the impression that Department of Agriculture inspectors have certain powers in relation to farm animals - don't know more than that.
The Minister has the power to order a farmer to ' de-populate ' his herd for example.

jsamandstu

thanks for those replies.
Does the owner of the land need to be present in those cases ?
Does the owner need to be informed either prior to or subsequent to the entry on the land?

Delancey

jsamandstu wrote: »

thanks for those replies.
Does the owner of the land need to be present in those cases ?
Does the owner need to be informed either prior to or subsequent to the entry on the land?

My understanding is thus : ' reasonable ' efforts should be made to inform the owner prior to entry , if that fails then efforts should be made subsequently. Not always possible when people abandon animals , e.g. it would be crazy and cruel if an emaciated horse was left in that condidtion because the owner could not be traced.

Reloc8

jsamandstu wrote: »

thanks for those replies.
Does the owner of the land need to be present in those cases ?
Does the owner need to be informed either prior to or subsequent to the entry on the land?

No.

S. 8 of the 1984 Act says that entry can be affected 'at all reasonable times' which is probably best understood as meaning during working hours, unless there is a particular reason why it is necessary to go in at anti-social hours.

The owner does not need to be informed prior. The owner will be informed subsequently as necessary, or on enquiry. Often S. 8(2) is operated by the inspecting authority to require the owner to give assistance to enable him to carry out his functions under the Act, which is when the owner becomes aware of entry. Sometimes the owner sees it actually happen, in which case the owner is entitled to see the authorisation to enter (Garda ID, or appointment as inspector).

jsamandstu

thanks

time lord

My nearest local authority will send dog wardens on to private land unannounced to the owner but will not send them onto a "dwelling". The dwelling as far as they are concerned is from the front wall to the rear one.
They also will not do animal welfare calls; only enforcing the control of dogs regulations 1998 and helping the Gardaí.

jsamandstu

If the landowner has heard from a third party that the gards have entered his property and the gardai say they have no record of it could the event have occured far enough in the past for the record to have been deleted?
Would this kind of a record have been deleted after a year say ? 2 years?

MagicSean

jsamandstu wrote: »

If the landowner has heard from a third party that the gards have entered his property and the gardai say they have no record of it could the event have occured far enough in the past for the record to have been deleted?
Would this kind of a record have been deleted after a year say ? 2 years?

The record might not have been created. The gardaí don't keep a record of everything that they do, especially if it turns out there was nothing to it.