THE GOVERNMENT HAS agreed not to oppose a private member’s Bill that would introduce a separate offence for pet theft along with a mandatory minimum sentence of not less than 10 months’ imprisonment.
The Bill, put forward by Aontú leader Peadar Tóibín, and co-signed by Regional Group TDs Verona Murphy and Seán Canny, will come before the Dáil tomorrow for its second reading.
The proposal of a separate offence is for anyone over the age 18 who is convicted of theft, burglary, aggravated burglary, robbery or handling stolen property, where that offence relates to property which is or includes a pet.
Justice Minister Heather Humphreys got approval from Cabinet on Tuesday to allow the Bill to progress, stating that its general approach reflects an area of ongoing policy development already underway within Government, with the likelihood of their being further legislative developments on this issue in the future.
It was also noted that existing property offences already apply to pet theft and carry a penalty up to 10 years, or 14 years if burglary is involved.
However, Government noted that there have been proposals to introduce a separate offence for pet theft have been raised on several occasions, motivated by a desire to distinguish pets from inanimate property, and to ensure that the emotional impact of pet theft is reflected in sentencing.
Some issues were also noted, such as the Bill, as it stands, has no discretion to disapply the minimum sentence, with Government noting that mandatory minimum sentences are used sparingly and usually for the most serious offences.
The Bill also makes no provision for practical issues such the pet being taken in a breakup dispute.
Tóibín said pets are members of the family, and the loss or death of a pet is a heart-breaking occasion.
“Any family that has lost a pet or has had a pet die knows the grief that comes with it. Most people would agree that the loss of a pet is not the same as the theft of a laptop or a phone. It is not the same as a mere household or farmyard asset,” he said.
Tóibín said the loss suffered by a family when a pet is stolen is far more impactful and the law should reflect this in terms of deterrent and in terms of penalty.
He said pet theft can be a lucrative market for thieves, stating that on one occasion gardaí found 32 stolen dogs worth over €150,000.
“The DSPCA and Dogs Trust who are doing the work of caring for stolen, abandoned, and lost dogs have both supported the Aontú Bill,” he added.
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