ISPCA ‘did not support’ decision to withdraw closure notice against vet inspector

In the notice issued to UCD trained veterinary inspector Michael O’Reilly on May 23rd, Cork County Council alleged he was operating an unlicensed dog breeding establishment in Mogeely, Cork - where animals endured gross faecal soiling, their food and water was contaminated and rodents were allowed to breed freely.

Mr O’Reilly subsequently appealed the closure notice and a hearing of his appeal was scheduled to take place before Midleton District Court early last week.

However, when the case was mentioned, solicitor Joseph Cuddigan said Mr O’Reilly had withdrawn the appeal as the council had consented to withdraw the closure notice.

The Sunday World subsequently contacted Cork County Council to inquire into the circumstances in which the closure notice had been withdrawn.

In a response issued later, a council spokesperson said: “The closure notice was withdrawn by Cork County Council following a further inspection which indicated that the requirements of the notice had been fully complied with, and that the location in question has ceased operating as a dog breeding establishment.

“This investigation was led by the Irish Society for Prevention of Cruelty to Animals (ISPCA) and both the council and ISPCA are satisfied as to the current welfare of the dogs rehoused from the property.”

However, in a new twist in the case, the ISPCA issued a statement on Thursday evening directly contradicting the contents of Cork County Council’s statement.

In it, the society said: “The ISPCA was not aware that the closure notice in question was withdrawn and does not support the decision.

“It is also not the case that an investigation into potential offences under the Dog breeding Establishments Act 2010 was led by the ISPCA as the Society is not authorised to enforce that piece of legislation.

“That responsibility falls to the relevant local authority.

“ISPCA Inspectors are appointed as Authorised Officers under the Animal Health and Welfare Act 2013 and are empowered to investigate potential offences under that Act.”

The closure notice issued on May 23rd identified a farmhouse, neighbouring the Cois Maigh estate in Mogeely where Mr. O’Reilly lives, as the location where it was alleged he operated the unregistered dog breeding establishment.

The Dog Breeding Establishment (DBE) Act defines any premises where six or more bitches capable of breeding are kept as a dog breeding establishment for its purposes.

In the closure notice, which was published online by Cork County Council but has since been removed, it outlined the particular reasons it had for making the order.

“Cork County Council is satisfied that the operation of the establishment poses a serious and immediate threat to animal welfare and or public health due to non-compliance with the requirements of the Act,” the council stated.

“Non-compliance with the Act and guidelines included a lack of cleanliness, gross faecal soiling, malodour, unsuitable structures, unsuitable space provision, lack of socialisation and stimulation, inadequate exercise facilities, contaminated feed and water provision and gross evidence of vermin harbourage.”

Vermin harbourage is defined as any place where rodents can live and nest without fear of frequent molestation or disturbance.

Mr O’Reilly is well known in dog breeding circles in Cork having won numerous awards at dog shows in the county.

In early May, the Fermoy Canine Club publicly thanked him for ‘managing his first international show,’ which had been held on April 30th.

Mr O’Reilly has also given evidence on behalf of the Department of Agriculture in animal cruelty cases.