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2026-05-19

Michael Murphy (recorded as: Deputy Michael Murphy)
The racing of horse-drawn vehicles on public roads is totally unacceptable and represents a clear and present danger, not just to the operator of the horse-drawn vehicle but also to motorists, pedestrians and the horse itself. A recent incident in Clonmel shocked not just the citizens of Clonmel but also citizens around the country and resulted in a significant public and road safety issue and loss of life, as a horse died on that occasion. It intersects with multiple Departments. It involves the Department of justice from an enforcement perspective, and God knows we need enforcement of existing legislation. It also intersects with the Department of agriculture from the point of view of the Animal Health and Welfare Act 2013 and the Control of Horses Act 1996. I support any measure taken by local authorities around the country that follow Kilkenny County Council's lead to create exclusion zones not only in terms of the racing of horse-drawn vehicles but also the leisurely use of horse-drawn vehicles in town centre areas. It also involves the Department of Transport in the context of existing road traffic legislation. Existing legislation bans the leisurely use and the racing of horse-drawn vehicles on motorways but, incredibly, it allows for the racing of horse-drawn vehicles on all other roads in certain circumstances. I refer to section 74 of the Roads Act 1993 and I am calling for the complete abolition of this section. On 24 April, in my role as Chair of the Oireachtas Joint Committee on Transport, I wrote to the Ministers with responsibility for transport, agriculture and justice requesting an interdepartmental group on this very issue. The purpose of this working group would be to conduct a comprehensive review of the current legislative and regulatory framework, examine road safety risks associated with such horse-drawn vehicles on public roads, strengthen animal welfare protections, assess enforcement powers, consider the introduction of national standards, explore the potential of a licensing and regulatory framework - and I believe they should also be insured - and look at the minimum age in existing legislation. There is no minimum age for driving a horse-drawn vehicle which can travel at up to 50 km an hour with a horse that might weigh up to 400 kg. What I have said reflects the seriousness and the need for urgency in terms of this work. We need co-ordinated action. The committee on transport is available and ready to facilitate this work. This is so serious. I do not say this lightly but if we do not act, we will see loss of life. I ask the Minister of State, if he can, to bring back what I have said to the Minister for Transport and I appreciate him taking this issue tonight.
Christopher O'Sullivan (recorded as: Deputy Christopher O'Sullivan)
I thank Deputy Murphy from the bottom of my heart for raising this issue. It is such an important one to raise in Dáil Éireann. The behaviour and the actions of some of the people driving these sulkies is deplorable. It is disgusting. We have all seen the videos. We have seen the sad footage of horses losing their lives in the cruellest of ways. We can imagine the pain those animals go through. That is the worst we have seen but excessive use of the whip is always common. A lot of these animals appear undernourished as it is. There are big animal welfare issues. Of course, there is also the whole issue of road safety, where people's lives are put at risk. This has to be clamped down and I completely agree with Deputy Murphy. It is very important that we do not confuse this with legal harness racing which is licensed. It happens on tracks and is done in a professional way where animal welfare is paramount and the animals are looked after in the best way. I can tell Deputy Murphy that sector is disgusted with what it sees on some of the roads in Ireland. I thank Deputy Murphy for raising this. It is important to note that 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 first and foremost a matter for An Garda Síochána. The Deputy will be aware that the Roads Act 1993 includes provisions for road races involving persons, vehicles or animals, and the temporary closure of public roads to facilitate a road race. Under section 74 of the Act, any person intending to hold, organise, or promote a road race on a public road must notify and obtain the approval of the local authority and the superintendent of An Garda Síochána within whose district the race is to be held. A race which is not licensed is illegal, with penalties for the organiser. However, 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 where a road race takes place unlawfully without the permission of the local authority, as 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 section 74(4) of the Roads Act 1993. Participants in sulky racing are liable for any road traffic offence they may commit during the races. 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. Other legislation is in place in relation to animal welfare matters, which are a matter for the Minister for agriculture. I understand that the Control of Horses Act 1996 includes provisions in relation to An Garda Síochána's powers of seizure and detention, the minimum age to obtain a horse licence and the selling of a horse to a person under the age of 16 years. The Act also provides that An Garda Síochána may compel individuals in control of horses to obtain necessary attention from a vet if the horse is in pain, distress, neglect or is severely injured, diseased or in need of attention. Failure to comply is an offence. In addition, 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.
Michael Murphy (recorded as: Deputy Michael Murphy)
I thank the Minister of State. The response confirms that under section 74 of the 1993 Act, with the permission of An Garda Síochána and the local authority, a race can be held. Section 74 should be removed from the 1993 Act. It is so difficult to enforce because the legislation allows only for the organiser of the particular race to be prosecuted and it is impossible to identify the organiser. These are matters the committee on transport will follow up. As I mentioned, we have no clear national licensing system. I am really concerned about the minimum age and I will explore with the Minister for agriculture whether it can be dealt with under the Control of Horses Act 1996. There is no equivalence in terms of insurance requirements. The incident in Clonmel resulted in two third-party cars being significantly damaged and those individuals had no comeback. What we have at the moment is a patchwork of old legislation. In the context of Dublin, it goes back to legislation prior to the foundation of the State, which covers the Dublin metropolitan area. It is legislation from the 1850s. We have local by-laws and limited enforcement powers. There is no coherent modern national framework governing the use of horse-drawn vehicles. This is why we need an interdepartmental working group, where we can get officials from the Departments of justice, Transport and agriculture into a room. If somebody gets behind the wheel there are clear rules around age, competency, insurance and enforcement. Unfortunately, similar clarity does not apply to horse-drawn vehicles. As I said, I am sorry to have to say I am convinced, as Chair of the Oireachtas Joint Committee on Transport, that with a failure to act we will see the loss of human life and the continuing loss of equine life.
Christopher O'Sullivan (recorded as: Deputy Christopher O'Sullivan)
Deputy Murphy has highlighted some very important aspects of this. The law is old and it probably has not been reviewed in a while. The legislative programme is jam packed and very busy but his suggestion of an interdepartmental group, certainly with the Departments of agriculture, Transport and justice in particular, to review the legislation would be very important. Clearly, and I can say this not being in any of those Departments but as a TD, that it does not seem fit for purpose, especially if only the organiser can be prosecuted under the legislation. It is certainly something we need to look at. In the meantime, I appeal to the better nature of anyone involved in this first of all not to do it. There are legal organised events out there on field tracks and purpose-built race tracks. They are done legally and run professionally. What is happening and what I have seen happen on the roads is nothing short of a disgrace and it needs to be clamped down on. I urge those involved to think of people and the potential road traffic accidents, but also to think of the shocking pain. It is heartbreaking to hear these animals scream in their final breath. It is something I think has touched the hearts of the entire nation when I see it. The hunger and appetite from the general public for this to be addressed is very strong. I say well done again for raising it.