To ask the Minister of Agriculture, Environment and Rural Affairs what plans he has (i) for the mandatory and free microchipping of horses in conjunction with a horse passport; (ii) for the re-establishment of a Northern Ireland equivalent of a National Equine Database; (iii) to introduce any other measures that would protect the welfare of horses, including from practices such as acts of cruelty and fly-grazing; and (iv) to work with animal welfare groups, the PSNI and local councils in order to prevent cruelty and fly-grazing.

Micro-chipping of horses

Under the terms and provisions of Commission Implementing Regulation EU No. 2015/262 and The Equine Identification Regulations (Northern Ireland) 2019, it is mandatory for a horse to be microchipped when an application is made for a passport. The charges for both of these services are levied by veterinary surgeons and Passport Issuing Organisations (PIOs), respectively. My Department has no plans to fund these services.

National Equine Database

Under the provisions of Commission Implementing Regulation EU No. 2015/262 and The Equine Identification Regulations (Northern Ireland) 2019, PIOs are required to upload the data from their local database to the United Kingdom Central Equine Database (CED). At present, my Department has no plans to establish a Northern Ireland equivalent.

Abandoned / straying animals (including fly-grazing)

My Department currently has no specific powers to deal with the welfare of horses which have strayed or are being fly-grazed on another person’s land.

However, Article 9 of The Animals (Northern Ireland) Order 1976, which comes under the remit of the Department of Finance, provides powers to deal with livestock which have strayed onto someone’s land. “Livestock” includes cattle, horses, donkeys, sheep, pigs, goats and poultry, and domesticated deer.

The land owner or occupier who finds any of these animals on their land can detain the animals, however, they must then inform the PSNI within 48 hours that they have done so.

After 14 days, if no owner is identified, the land owner/occupier can then sell the livestock at a market or public auction. If this is not a viable option, the landowner can consider contacting an animal welfare or re-homing charity.

The right of the land owner/occupier to detain the livestock ends if the livestock is then claimed by its owner and this owner pays an amount to cover matters such as damages caused, and expenses incurred.

The Welfare of Animals Act (Northern Ireland) 2011 provides legislative protections for all farmed and companion animals in Northern Ireland, including horses. The Act makes it an offence to cause unnecessary suffering or fail to cater for the needs of any animal. Responsibility for upholding the welfare of horses under the Act falls to councils. A council animal welfare officer has powers under the Act to take possession of any animal, including a horse, which is suffering or likely to suffer.

The maximum penalty available for causing unnecessary suffering is up to five years imprisonment and/or an unlimited fine. It is noted that the penalties available in Northern Ireland are among the most stringent in the United Kingdom. The maximum penalty in England and Wales is six months imprisonment and/or an unlimited fine; and the maximum in Scotland has only recently increased (from 30 November 2020) from twelve months imprisonment and/or a fine of up to £20,000 to a level that is equal to Northern Ireland’s.

The Animal Welfare (Sentencing) Bill currently before Westminster will bring the maximum penalties available in England and Wales into line with those here.

Working with other organisations

My officials continue to work with a range of organisations, including animal welfare groups, to ensure the welfare of all animals is protected.