The Department of Agriculture, Environment and Rural Affairs (DAERA) has said neither they nor the Northern Ireland Environment Agency (NIEA) can carry out investigations into planning approvals or decisions to grant dog breeding licences.

This is in response to a call from an animal welfare group for an independent investigation into Fermanagh and Omagh District Council’s management of planning permissions and licensing for dog breeding establishments in the area.

The group, 'One Little Westie', urged that the investigation be conducted by a panel of independent experts and overseen by the Attorney General, in a letter seen by this newspaper sent to Andrew Muir, Minister for the Department of Agriculture, Environment and Rural Affairs (DAERA).

The letter, obtained by The Impartial Reporter following an investigation, revealed how some breeders in England are exploiting "legal loopholes" by registering their operations in Fermanagh.

The demand for an investigation into the practices of the Council comes as Minister Muir visited Fermanagh last Thursday, where during his visit he was challenged on the issue of dog-breeding legislation.

When asked if bringing forward tighter legislation was a "priority" by this newspaper, Minister Muir said: "The issue of animal welfare is a priority for me, and I have set that out.

"What I intend to do over the short time ahead is to engage with animal welfare charities and stakeholders in terms of policy and legislation that we can implement."

The call for an investigation was made earlier this year by the One Little Westie animal welfare group and comes after significant controversy surrounding licensed breeding establishments based at Clabby Road.

The UK Dog Breeding Academy Ltd is operated by David and Jonathan Hamilton, formally known as Furnish Kennels, is one of the businesses that operate from an address at Clabby Road.

Other businesses include Douglas Hall Kennels, run by Eric Lancaster, who sells pups bred in Fermanagh in Lancashire; and Kelly’s Kennels, managed by William and Kelly Feeney, who sell pups bred on the site in Croft near Warrington.

On February 28, the UK Dog Breeding Academy withdrew its application to build new kennel blocks, following 4,362 objections from the public.

The letter sent by One Little Westie on April 26 states: “We are calling for an independent investigation of Fermanagh and Omagh District Council’s handling of planning permission and licensing at three dog breeding establishments.”

Citing the thousands of objections to planning permission for the site, the group's letter continues: “This clearly demonstrates the concerns people have about this site.

“The Council cannot continue with its Nelsonian approach to this establishment; planning can see the licensing issues and licensing can see the planning issues ... pretending the opposite is true is ridiculous.”

Alison McCullagh, Chief Executive of the Council, is also CCd in the letter, which was sent by email.

When asked if DAERA would consider the request from 'One Little Westie' a spokesperson for the department said: "Neither NIEA or DAERA have a remit to carry out independent investigations of planning approvals or decisions to grant licenses for dog breeding establishments. Responsibility for planning decisions and animal welfare rests with the local council.”

They were also asked who is ultimately responsible for the licensed dog breeding facility at Clabby Road and the welfare of animals at this premises.  Is it Fermanagh and Omagh District Council as the license regulator or DAERA as the law maker? This was not answered.

According to the animal welfare group, the expansion of the business has been a source of contention since 2016, when it first applied for permission to build new kennels, claiming that the number of dogs would remain capped at 600.

Despite these assurances, subsequent applications in 2018 and 2019 also promised no increase in the number of dogs.

However, 'One Little Westie' alleges that there are now approximately 900 breeding dogs at the site, and has raised their concerns.

Reports in last week’s Impartial Reporter showed that as of 2022, Mr. Lancaster held a licence for 250 breeding bitches, granted by the Council.

Meanwhile, by April, 2023, David Hamilton received a licence for 250 bitches and 100 dogs at this very address.

William and Kelly Feeney, as of March, 2023, have permission for 300 bitches. 

The group addresses a number of environmental and health concerns in their letter to the Minister: “The noise impact of housing 900 adult dogs and puppies is substantial, and needs immediate assessment,” said a spokesperson for the group in the letter.

“Moreover, the disposal of faeces and soiled bedding by burning in an on-site incinerator raises serious questions.

"Is this incinerator suitable for handling such waste? Are particles being released into the air, and do they pose a risk to human, animal, or plant health?”

The group also highlighted the lack of information regarding the disposal of other types of waste:, claiming: “None of the planning applications addresses the disposal of blood, tissue following the birth of a litter or deceased animals. Puppies are particularly vulnerable, and in a low-welfare environment, puppy mortality is likely to be higher than average.

"How are bodily fluids, tissues, and deceased animals being managed?”

Addressing concerns about water management, they added: “With 900 dogs and puppies requiring significant amounts of water daily, there is no clear plan for managing the resultant foul water from cleaning the kennels and the animals themselves.”

Furthermore, the group criticised the planning conditions: “Planning permission has granted that dogs must be kept indoors between 6pm and 8am.

"Given the already poor welfare conditions, confining 900 dogs to kennels for 14 hours a day will only exacerbate their suffering.”

The group did not receive a response from DAERA or Minister Muir, but instead received a response from the NIEA.

A letter dated June 5 sent to 'One Little Westie' by a NIEA spokesperson acknowledging the request and also the concerns raised around animal welfare. The letter stated that non-farmed animal welfare concerns are enforced by the Western Region Animal Welfare team.

Regarding planning, the NIEA spokesperson deferred to the Department of Infrastructure who advised that planning is a matter for Fermanagh and Omagh District Council.