Under section 74 of the Roads Act 1993, it is possible to prescribe classes of road races for which relevant local authority approval, as the road authority, must be sought in advance, and for which there can then be road closures. A race which falls within prescribed classes and is not licensed is illegal, with penalties for the organiser. I understand that no classes of race have ever been prescribed under this section. 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 Síochána. 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.
Animal welfare issues in relation to sulky racing are a matter for my colleague the Minister for Agriculture, Food and the Marine.