Greyhound Industry
Bord na gCon
The Greyhound Industry Act 1958 established Bord na gCon. The Board consists of seven members, a Chairman and ordinary members. The Chairman is appointed by the Minister for Agriculture. The Minister appoints six persons as ordinary members of the Board for a five-year period.
The Board may appoint Chief Officers, other officers and employees subject to procedures it deem fit. No officer of the Board shall have any direct interest in a greyhound racetrack, the holding and conduct of sales of greyhounds, training of greyhounds for reward or bookmaking. He must not engage in betting at a meeting or be beneficially entitled to the ownership of a greyhound.
The Board may apply for and hold a totalisator license. This must prohibit credit betting.
2019 Act
The purpose of the Greyhound Racing Act 2019 is to improve the governance of Bord na gCon, strengthen regulatory controls in the industry, modernise sanctions and improve integrity with a view to building a reputation for excellence in the sector.
In broad terms the Act addresses issues relating to governance and regulation in the greyhound racing sector. It addresses governance issues in Bord na gCon, strengthens regulatory controls in the industry, modernises sanctions, improves integrity, includes the welfare of greyhounds as one of the statutory functions of Bord na gCon and provides it with powers to make regulations in relation to integrity, anti-doping, administration and traceability to improve welfare and integrity deficits impacting the industry.
The Act reflects the recommendations made in the Indecon Report, commissioned by the Minister for Agriculture, Food and the Marine in 2014, in a Report of the Joint Committee on Agriculture, Food and the Marine published on the greyhound industry in 2015 and in the Morris Review of Anti-Doping and Medication in Ireland commissioned by Bord na gCon and published in July 2016.
The Programme for Partnership Government states that “the Animal Health and Welfare Act 2013 will be strengthened and enforced.” The opportunity is being taken here, in fulfilment of this commitment, to revise elements of the 2013 Act where potential problems have been identified and to remove some minor errors of a typographical nature.
The procedures to be followed by the Board are set out, including consultation with interested parties, when the Board proposes to make new regulations under this Act. The Board may undertake summary prosecutions.
Rasaiocht Con Eireann
The 2019 Act provides for a change of name for Bord na gCon to Rásaíocht Con Éireann.
The following changes are made to the governnce of Bord na gCon. They consist of the following:
- an increase in the number of members of the Board from a Chairperson and 6 members to a Chairperson and 8 members
- an increase in the quorum of the Board from 4 to 6
- a term of office of 5 years for the Chairperson, as opposed to the current indeterminate period
- a statutory prohibition on the re-appointment of a person to the Board beyond two consecutive terms, to reflect the Code of Practice for the Governance of State Bodies
- statutory powers permitting the Minister to remove a Board member where the member falls ill and is unable to perform his/her duties or breaches the Code of Practice for the Governance of State Bodies as published by the Minister for Public Expenditure and Reform
- cessation of appointment to the Board in a number of circumstances, including if a Board member is adjudicated bankrupt, is found guilty of offences relating to the Greyhound Industry, welfare of animals, intimidation or assault, fraud or dishonesty
The current standard provisions in relation to elected representatives’ participation on State Boards is provided.There is an overarching statement outlining the functions of the Board. It is intended to provide additional legal certainty in relation to the functions of the Board.
The Board is statutorily subject to the Code of Practice for the Governance of State Bodies issued by the Minister for Public Expenditure and Reform. The Board of Rásaíocht Con Éireann may delegate its functions to the CEO as the Board considers necessary for efficiency and effectiveness reasons.
The Board may apply funds to enhance greyhound health and welfare.
Rasiocht Con Eireann may borrow. The requirement for the consent of the Minister and the Minister for Public Expenditure and Reform, acting with the consent of the Minister for Finance..
Licensing of Tracks
The Board license greyhound racetrack operators. The Board itself may operate greyhound racing tracks. Failure to have the requisite license is an offence. There is a procedure for application for a greyhound racetrack license. Conditions may be attached. They may be varied from time to time.
Conditions may specify the days on which racing may take place. They may include conditions as to
- the number of persons performing particular functions on greyhound racetracks, who must be in attendance,
- particulars in relation to facilities
- particulars in relation to the operation of the totalisator,
- provision by licensees of suitable arrangements for bookmakers in places convenient and suitable for their business.
Regulations on Tracks
The Board may make regulations in relation to the establishment, layout, construction, maintenance, equipments used and control of greyhound track. It may prohibit persons from performing the functions of race manager, handicapper, judge, steward, hare-driver under other than in accordance with permits granted by the Board. It may make provisions for fees and charges on the ground of such permits.
Conditions may be imposed. Permits may be suspended and revoked.
It may require the provision of persons to perform functions or prohibit greyhound races except where such persons are in attendance. It may prohibit persons performing specified classes of functions on greyhound racetracks from having an interest in the income of the tracks or races or from greyhound betting.
It may prohibit licensees and persons performing functions on greyhound racetracks from having any interest in bookmakers on the respective greyhound racetracks. It may specify the period during which greyhound races may take place.
It may regulate the entry into races where disqualification orders are in place. It shall set out procedure and conditions for acceptance of greyhounds at greyhound racetracks. It may specify the procedure for Greyhound grading and conditions for their acceptance in graded races. It may provide for the publication, by licensees of race cards and information to be given on them.
It may provide for keeping and the supervision of greyhounds before and after participation in the race. It may deal with the manner of starting, operating, timing and judging of greyhound racing. It may provide for keeping of records and publication of information by licensees relating to the participation and performance (including behaviour) of greyhounds at greyhound racetracks.
It may require keeping of records, books and accounts. It may require them to be open for inspection. It may require returns to the Board.A breach of the regulations is an offence and may be prosecuted summarily.
Updated Track Licensing 2019 Act
There is a maximum fine of €250,000 following conviction on indictment for operating a greyhound racing track without a licence. This brings the 1958 Act into line with current sanction regimes.
There is power for the making of regulations in relation to race tracks with a sanction of a class A fine. It provides for regulations prohibiting racing officials operating unless they have permits and prohibiting individuals from having beneficial interests in aspects of the business.
The Board has powers to control racing officials and ensure the integrity of the sport. The 2019 Act deals
- with the control of racing;
- with the conduct of racing and the promotion of integrity and fair play in racing, including the use of information technology to assist towards this end;
- with the administration of racing including the registration and grading of greyhounds and the promotion of racing;
- with charges for entry of a greyhound to a race;
Breaches of regulations provided for carry Racing sanctions.
Course Betting Permit
Bookmakers may not carry on business of greyhound licensed racetrack, authorised course meeting on its precincts unless they hold a course betting permit. Breach is an offence. A person found in breach may be ejected from the track by force if necessary.
Authorised officers of the Board may require production of course betting permits. Failure to produce is an offence. Failure to permit the officer to read and examine the permit etc. is an offence. Giving false and misleading information or a false address is an offence.
The Board may make regulations
- for securing payments of levies
- including requiring bookmakers to pay levies.
- keep records,
- retain records for inspection,
- provide copy.
Bookmakers may be required to return betting sheets and make refunds of unused sheets.
Authorised officers of the Board may inspect records at the bookmaker’s premises. He may require take copies of information, require production etc. Failure to co-operate etc. is an offence.
Irish Coursing Club
The Irish Coursing Club has similar but more limited power in relation to the control, management and use of greyhound racetracks. The Irish Coursing Club is recognised subject to the general control of the Board, as the controlling authority for the breeding and coursing of greyhounds.
The Board may advise and assist the Club in connection with activities and measures conducive to the better implementation by the Club of its constitution and rules, and better discharge of its functions. Rules made by the Club require the consent of the Board.
Coursing Regulation
The Board after consultation with the Club may make regulations relating to coursing. It may provide regulations of certain functions at coursing meetings.
It may provide for grants of permits, attachment of conditions and their revocation. It may prohibit persons involved in in bookmaking having any interest for the ownership or participating event.
Training & Sale of Greyhounds
The Board may by regulations provide regulations for the control of training greyhounds for reward. It may require persons to be licensed. It may attach conditions for their grant suspension and renewal. It may provide for keeping of records by licensees and furnishing of information. Breach of the obligations is an offence.
The Club may make rules for the control of and training of greyhounds parallel to the above. Breach is an offence.
Regulations may made to regulate, control and holding of public sales of greyhound. They may require licensing for persons holding such sales. They may provide for the attachment of conditions, suspension and revocation. It may require the holding of records and returns to the Board. They may provide that no person may act as auctioneer at sales save under a permit granted by the Board. Conditions may be attached to the permit.
AI Greyhounds
The Board after consultation with the Club and with the consent of the Minister may make regulations controlling the practice of artificial insemination of greyhounds. It may require that persons engaging in artificial insemination of greyhounds, must be licensed. It may provide for the grant, renewal and revocation of licence, the attachment of conditions, keeping of records, and returns to the Board.
Totaliser
The Board may make regulations regarding the totalisator. It may provide for the payments by licensees where the Board maintains totalisators on the track. It may make regulations providing for sums and levies to be collected by the Board, out of the totalisators maintained by it. It may make regulations regulating and controlling the use of by the public of totalisators maintained by the Board. Sums charged may be recovered as a debt.
The Board may co-operate and assist any person in connection with promotion and development of the export trade in greyhounds, including activities for the maintenance, training, racing and coursing and sale abroad of greyhounds which have been exported. It may after consultation with the Club make regulations regarding furnishing of information and documents by exporters. Breach is an offence.
Investigations
The Board may conduct investigations into occurrences brought to its notice in relation to any matter connected with the greyhound industry or in relation to matters connected with breeding, registration, identification, or coursing of greyhounds or matters within the scope of the rules of the Irish Coursing Club
The Board shall notify its intention to the Club. The Club itself may undertake investigations, provided it may not do so if it is being investigated at the instance of the Board. The Club shall communicate to the Board the result of its investigation.
Where an investigation is being conducted, information as may be reasonably necessary may be required. Furnishing of false information is an offence.
Authorised officers present on any greyhound racetrack or public sale of greyhounds may investigate occurrences observed by him or her. They may investigate occurrences brought to his or her attention at any event, performance or part of a meeting.
The officer has powers to require the person to give him information as he reasonably considers that are necessary. He may give directions and require facilities, including facilities for the examination of greyhounds. Obstruction or failure to co-operate etc. is an offence.
Sanctions
After considering the results of an investigation, the Board after consultation with the Club may make a disqualification order in respect of all or specifying greyhounds kept, owned, trained or managed by a specified person. The disqualification may disqualify greyhounds from registration in the Irish Greyhound Stud Book, entry into a greyhound race at any greyhound track, entry for an event forming an item at any of the authorised course meeting, acceptance for sale at any public sale of greyhounds. There are procedures in relation to the making of a disqualification order.
The Board with the consent of the Club or vice versa may by order exclude a person from being on a greyhound racetrack, being at an authorised coursing meeting or being at a public sale of greyhound. Procedures apply to the making of an exclusion order. The order must be served. A person found at a track or meeting in breach of an order may be removed.
Charges
The Board may by regulations fix charges to be made for admitting persons to greyhound tracks, including maximum charges. It may make charges for bookmakers.
The Board may fix maximum entry fees for greyhounds participating. Different fees may be made for different tracks and different meetings and events at the same track.
The Board after consultation with the Club may fix the maximum charges for authorised coursing meetings. Similarly, charges may be made in respect of bookmakers at such meetings.
The Board may make regulations providing maximum fees and in relation to sale of greyhound .
The Board may after consultation with licensees at the track fix the stake money or prizes to be offered at events at greyhound racetracks and different stake prices and monies in respect of different events and different tracks. Breach of the regulations is an offence.
Appeals Committee
There is an Appeals Committee consisting of a Judge or a practising barrister of seven years’ standing and two ordinary members. The Appeals Committee hears appeals in respect of greyhound racetrack licenses permits and other licenses.
Where there is a refusal ,revocation or suspension an appeal in writing may be made to the Appeals Committee. The Appeals Committee having heard the appeal may confirm, revoke or vary the finding.
Offences
Most of the offences may be prosecuted by the Board. Certain offences may be prosecuted by the Club.
Regulations
The Greyhound Industry Racing Regulations as amended lay down most of the detailed regulations provided for above. They regulate such matters as
- qualification of greyhounds for racing,
- conditions of entry,
- racing procedure,
- track drawing procedure,
- seeding,
- reserves,
- weight variation,
- declarations,
- hurdle races,
- division of stakes.
- prize money and stakes
- duties of various participants including the race manager, judge, hare-driver, timekeeper, steward.
They provide for taking of samples, investigations, disputes and appeals, as well as betting disputes.