A MEMBER of a group fighting against ongoing passport delays believes Horse Sport Ireland has failed to comply with EU legislation and is calling for its licence to be revoked.

Linda O’Byrne, in a letter sent to the Department of Agriculture, Food and the Marine (DAFM), made a formal complaint against HSI based on a number of obligations listed under S.I. No. 62/2016 - European Union (Identification of Equidae) Regulations 2015.

In the complaint, she lists the following issues and suggests that, if the Minister for Agriculture does not revoke HSI’s licence to issue passports, she and her peers will approach the European Commission on the matter.

Obligations

Under Chapter two, article five, it states there must be proof that the passport issuing body: (i) has the expertise, equipment and infrastructure required to carry out the tasks delegated to it; (ii) has a sufficient number of suitably qualified and experienced staff; (iv) has a model identification document that complies with the requirements provided for in this Regulation (3.3.2015 L 59/13 Official Journal of the European Union EN).

Ms O’Byrne’s complaint contends that, in her opinion: “HSI does not comply in any manner with point i, ii or point iv above for the past two years (since being awarded the studbook approval contract), this is evidenced by the lack of response to breeders, significant staff departures, incorrect information being provided to breeders, different pricing applied to breeders for the same service (discrimination), change of ownership taking months, issuing of incomplete and inaccurate passports after unacceptable delays.”

With regard to asking DAFM to investigate these alleged failings, Ms O’Byrne’s complaint contends that under Article 5, point 3, “where the competent authority (DAFM) has reasonable grounds to conclude that an issuing body engages in acts that do not comply with the requirements laid down in this Regulation, it shall investigate such suspected acts of non-compliance.

“Identification documents may not be issued by the issuing body until such time as the investigation has been concluded and any instances of non-compliance have been ruled out or remedied.”

“Please confirm to me what investigations have been carried out over the past two years into the actions of HSI. What were the findings and what actions were taken by DAFM?” Ms O’Byrne asked the department.

Ms O’Byrne also pointed out that under Article 5, point 4: “Where, not withstanding the measures carried out in accordance with paragraph 3, an issuing body referred to in paragraph 1 fails to comply with the requirements laid down in this Regulation, the competent authority (DAFM) shall withdraw the authorisation to issue identification documents for Equidae.”

European Commission

Ms O’Byrne’s complaint goes on: “This lack of appropriate service is causing significant loss of earnings and stress and financial hardship to the breeders of Ireland. If as Minister, you are not willing to take the appropriate action and revoke the approval from HSI, we will be left with no alternative but to make representation to the European Commission.

“I would once again formally request an e-mail list of the dates and actions that have been taken by DAFM to investigate HSI operation and what is the resulting outcome for breeders in the delivery of a suitable efficient, accurate and timely service by Horse Sport Ireland.”

At the time of writing, Ms O’Byrne had not received a response to her complaint, which was sent on November 5th.

She said breeders frustrations had not abated in the meantime and that the upcoming equine census, which equine keepers are being told is mandatory and must include UELN numbers for all equines, is not helping matters.

“How can we be expected to comply when we don’t have passports?” she said.

Asked about the complaint, DAFM responded: “The Department of Agriculture, Food and the Marine does not respond through the media in relation to complaints made to the Department.”

Asked about the complaint, HSI responded: “HSI has not been made aware of any formal complaint made to the Minister for Agriculture, Food and the Marine on the matters you referenced. If such a complaint exists, it would be inappropriate for us to comment, as it would now be under the Department’s jurisdiction. HSI remains committed to working with all stakeholders to ensure compliance with regulatory obligations and to deliver the highest standards of service to the equine community.”