The information requested is set out below.
Harness Racing on our Roads
Under section 74 of the Roads Act 1993, any person intending to hold, organize, or promote a road race on a public road involving persons, vehicles, or animals,
must notify and obtain the approval of the local authority and the Superintendent of the Garda Síochána within whose district the race is to be held under section 74 of the Roads Act 1993.
A race which is not licensed is illegal, with penalties for the organiser. I am aware, though, that the offence applies only to the organiser, and I understand that in many cases of sulky races there is no identifiable organiser.
Enforcing the Roads Act in matters where a road race takes place unlawfully without the permission of the roads authority is a matter of enforcement for An Garda Siochána. In a situation where there is an illegal race, with no notice given, it is a matter for Gardaí to enforce under section 74(4) of the Roads Act 1993.
All road users are subject to road traffic legislation which is enforced by An Garda Síochána and participants in such races are liable for any road traffic offences they may commit during the races. As the Deputy will know, in many cases of sulky racing there is also considerable danger caused by vehicles following the race and in some cases driving alongside on the other side of the road. In these cases too the drivers can be held liable under the Road Traffic Acts.
My Department is progressing a new Road Traffic Bill to support Programme for Government Commitments around road safety but there are presently no plans to address harness racing through this Bill specifically.
Update on the Horse Drawn Carriages Bill
My Department remains committed to progressing legislation that will replace the Dublin Carriage Act 1853 to ensure that the Dublin City Council is provided with an appropriate legal basis to regulate this area, and the Bill remains on the Government’s legislative programme.
The Government agreed, in December 2019, to develop a comprehensive General Scheme of a Bill to legislate in relation to Horse Drawn Carriages, in line with advice from the Attorney General to ensure that Dublin City Council is provided with an appropriate legal basis to regulate this area.
The Department of Transport undertook to consult directly with Dublin City Council in relation to the drafting of the Bill. This matter did not progress in 2020 as planned due to the need to reprioritise other work areas in response to the COVID-19 pandemic.
Since then, some initial scoping work on the Bill has taken place, but work is at an early stage in terms of progressing the Bill due to other primary transport legislation being progressed currently.
The development of legislation of this nature, which involves the repeal of legislation which pre-dates the foundation of the State, is complex and technical. This is an issue which spans the responsibilities of several Departments and levels of government, as well as requiring consultations with several stakeholders. Targeted consultation with stakeholders is intended to take place in 2026.
It is important to note that other legislation is in place in relation to animal welfare matters which are dealt with by the Department for Agriculture, Food and the Marine. Under the Animal Health and Welfare Act 2013, people in possession of a protected animal, including horses, must ensure the animal is kept and treated in a manner that safeguards their health and welfare. Failure to do this is considered an offence under that Act.
In addition, section 33 of the Control of Horses Act 1996 provides that An Garda Siochána may compel individuals in control of horses to obtain necessary attention from a veterinarian if the horse is in pain, distress, neglect or is severely injured, diseased or in need of veterinary attention. Failure to comply is an offence.
Furthermore, the drivers of all vehicles used on public roads, including horse-drawn carriages, are required to comply with road traffic legislation and to behave in a safe manner paying due care to other road users. The enforcement of such road traffic legislation is a matter for An Garda Síochána.