Dogs Trust ‘Frustrated’ by Inspection Plans
Dogs Trust, the UK’s largest dog welfare charity cautiously welcomes the long awaited publication of the new Animal Welfare Bill announced today. It is encouraging that the government has taken the lead to introduce animal welfare legislation and the bill heralds a new dawn in animal protection.
The Duty of Care is key to the legislation and will make responsible dog ownership a legal entity, something that Dogs Trust has been pressing for, for decades.
Dogs Trust is encouraged to see the government raising the competency level required for managers of pet shops; something that is long overdue.
However, Dogs Trust recognises that there is still much to be done to ensure that secondary legislation and the Codes of Practice, on vital elements of the Bill, will properly ensure the protection of dogs.
Dogs Trust fails to be convinced that standards of inspection will be improved by moving the timeframe for inspections from 12 to 18 months but are pleased that quality rather than quantity will head this agenda. There is also concern about the potential licensing of pet fairs, which could revert to seeing the legal sale of animals at these events, something Dogs Trust remains firmly against.
The charity is also frustrated that the regulations on breeding and, in particular puppy farms have fallen into the second tranch of legislation. Dogs Trust has long campaigned to Stop Puppy Farming; an illegal multi-million pound industry in the UK where dogs are bred purely for profit with no regard for the welfare of the puppies or their mothers. To delay this to potentially 2010 will mean thousands more puppies will suffer.
Dogs Trust finds the rather ambiguous statement on the future regulation of greyhounds unacceptable, the Industry bodies signed up to the Greyhound Charter three years ago and regulation of this industry is well overdue.
Dogs Trust Chief Executive, Clarissa Baldwin, comments:
“We have high hopes that the long awaited Animal Welfare Bill, once enacted, will provide a much greater protection to the 6.5 million dogs in the UK. Nevertheless we are disappointed that a number of issues of great importance to dog welfare are not being tackled within a much tighter timeframe.”
Countryside Alliance urges ‘cautious approach’
The Countryside Alliance has welcomed the concept of the duty of care to animals in the Animal Welfare Bill, published today, but urges a cautious approach from the Government to its secondary codes of practice.
The Animal Welfare Bill is enabling legislation, and secondary legislation will be brought forward at the behest of the Secretary of State.
Countryside Alliance Chief Executive Simon Hart commented:
“We welcome the principle of improved animal welfare introduced in the Animal Welfare Bill. We are also pleased to see that there is a specific exemption for all normal fishing practices, including the use of live bait and catch and release.
“While the Government has stated that this Bill will not affect shooting or field sports, we will be seeking to hold it to its commitment for a game-rearing Code of Practice based on research and evidence. It must also stick to its commitment to support the docking of tails of dogs of working type for animal welfare reasons.
“However, the real affects of the legislation cannot be determined until secondary Codes of Practice have been published. These could have far-reaching consequences if badly drafted.”
Pet Care Trust welcomes ‘end to home boarding’
The Pet Care Trust welcomes the publication of the Animal Welfare Bill for England and Wales.
“For the vast majority of Britain’s 28 million pet owners, who already take excellent care of the animals they love, this legislation won’t make any difference,”
said Janet Nunn, Chief Executive of the Trust. “But in the small number of exceptional cases where harm is being caused by negligent owners, this is a welcome step to enable enforcement officers to take action before it’s too late.”
The Trust also:
• Welcomed the decision to increase from 12 to 16 the minimum age at which a child may buy an animal. Pet shops who are members of the Trust do not sell pets to the under-16s, and this is a measure the Trust has long campaigned for.
• Welcomed the proposal under secondary legislation (see: http://www.defra.gov.uk ) to license pet shops, boarding kennels and catteries for up to 3 years on a risk-managed basis. “For too long local authorities have relied on a “one size fits all” approach to licensing inspections,” said Ms Nunn. “Basing inspections on a sensible risk assessment will be much more effective and brings the licensing regime into the 21st century.”
• Welcomed the proposal under secondary legislation to license commercial pet fairs, and the decision not to license private/member-only events run by hobbyists and exhibition shows where there is no commercial trading. “When like-minded enthusiasts with a shared interest and love of their pets come together, they can only improve animal welfare standards,” said Ms Nunn.
• Called for local authorities only to recognise national qualifications such as the City & Guilds 7760 Pet Store Management when licensing pet shops. “Until the Model Licence Conditions are adopted across the country, some local authorities will continue to accept Mickey-Mouse qualifications,” said Ms Nunn.
• Called for boarding kennel and cattery owners to have to prove competency, as now happens with pet shops, either through experience or relevant qualification. “This is a missed opportunity to raise the bar,” said Ms Nunn.
• Called for the government to ban home boarding for dogs under secondary legislation. “The proposed secondary legislation will ban home boarding for cats, but not dogs,” said Ms Nunn. “We consider the animal health and welfare risks involved in commercial home boarding of dogs to be unacceptable.”
FOCAS concerned at ‘varied interpretations’ and RSPCA powers
The Federation of Companion Animal Societies (FOCAS) welcomes the introduction of the Animal Welfare Bill, we see it as a significant step forward in ensuring animal welfare.
The duty of care (section 8) is welcome with the reservation of
subsection, 2 (c) ‘its need to be able to exhibit normal behaviour
patterns’ This is open to varied interpretations and could easily be exploited by over zealous prosecutors.
For example budgies live in flocks of 10,000 in the wild, so does a single bird being kept in a cage by your granny risk being prosecuted? Subsection ‘(d) any need it has to be housed with, or apart from, other animals’ would seem to support this?
Likewise snakes kept as pets feed on dead defrosted rodents, does subsection (c) not make this illegal as in the wild snakes are
predators, killing for a living?
The proposal to clarify the confusion over pet fairs, or shows as
keepers call them, is very welcome. For two long extreme animal
rights organisations have exploited loopholes in the existing laws
intimidating some local authorities in to preventing such events from taking place.
The major concern to pet (companion animal keeper) should be that of the role of inspector, clearly the RSPCA are lining up to step into this role and that is a worry for all animal keepers.
Unless the RSPCA are to be held accountable for its actions and its prosecutions are independently reviewed, which currently is not the case, then all keepers are in jeopardy.
Animal Welfare Bill - Questions & Answers
DEFRA answer some of the main questions being asked about the Animal Welfare Bill:
1. Is the Bill going to make fishing illegal?
No. Anything which occurs in the normal course of fishing (including commercial fishing and angling) is exempted entirely from the Bill. However, all fish for which a person is responsible (such as ornamental fish and farmed fish) will be protected by both the cruelty offence and the duty to ensure welfare.
2. Why doesn’t the Bill ban animal performances in circuses?
The Bill is not about banning things. It is designed to set out the general principle that people have a responsibility to ensure the welfare of animals they are responsible for. The duty to ensure welfare will apply to those who are responsible for animals used for performance.
Detailed legislation on specific sectors or practices, including bans if appropriate, will be addressed by secondary legislation. This way it can be changed relatively easily in accordance with changing science and the values of society. There will be public consultation and the opportunity for everyone to comment before any area is regulated in such a way.
The Government is currently considering the case for using these powers to introduce some form of regulation for those who train animals to perform.
3. Does the Bill give the Government too much power to make regulations?
Current legislation to protect animals is very outdated and has proved to be too inflexible to adapt to changes in science and society. In order to ensure that this does not happen again the Animal Welfare Bill sets out a broad framework and leaves much of the detail to secondary legislation that can be amended and revised more easily should the need arise.
To a large extent the power to make secondary legislation replicates existing powers for farmed animals and simply extends it to non-farmed animals. The Bill also brings current licensing powers into one place. The Bill therefore provides an entirely reasonable level of regulation-making power, and any secondary legislation will be subject to public consultation and parliamentary agreement.
4. Will the Bill increase the regulatory burden?
The Government is committed to better regulation and this Bill, and proposals for secondary legislation, have been put together with that in mind.
By simplifying and consolidating the law the Bill reduces red tape. It will enable the Government to overhaul existing licensing regimes regarding companion animals, many of which are outdated, burdensome and ill-focused.
The main provision of the Bill, the welfare offence, will not impose any new burden on responsible pet owners. The majority of animal owners already ensure the welfare of their animals and will not be affected by the change. But it will enable enforcement agencies to deal more effectively with the minority who fail to apply good standards.
5. Is the Bill going to ban tail docking?
The Bill will ban all mutilations of animals. However, there will be a regulation to exempt certain mutilations for which a ban is considered inappropriate. Examples would be castrating and spaying cats and dogs, or ear tagging cattle.
Sincere views are held by those who both support and oppose a ban on docking, and we take the view that it would not be for Government to alter the status quo, and that it is an issue for Parliament to properly decide.
6. How does the Bill affect sports shooting?
The Government’s rural election manifesto promised to “work with relevant bodies to ensure that country sports are protected”. The Bill is entirely consistent with that. It will not affect traditional field sport practices, as free ranging game birds are considered to be wild and are therefore not protected under the Bill.
Further, we are working with game rearing organisations to produce a Code of Practice to ensure high welfare standards are met in the production of game birds for sport shooting. Of course, the welfare offence will also apply for farmed game birds during the breeding and rearing process.
7. Why are you banning young children from owning pets? Does the Government really need to stop children winning goldfish at fairs?
A child will still be able to “own” a pet and a parent will still be able to buy a pet for a child under 16. The Bill will increase from 12 to 16 the minimum age at which a child may buy a pet. This provision is intended to prevent purchase on a whim, without parental consent and to ensure that proper thought is given to subsequent care and welfare.
These are also the reasons why we are proposing that unaccompanied children under 16 should not be able to win an animal as a prize. It will not prevent accompanied children, or adults, from winning pets. Though, of course, those giving the animal and those who then receive them will still be subject to the requirement in the welfare offence to ensure that their new pet is cared for properly.
8. How does the Bill compare to the Scottish Animal Health and Welfare Bill?
There are many obvious similarities between the Bills which reflect the agreed consensus on the best way to solve problems which have been identified in both Scotland and England & Wales. There are though some differences and these reflect, in some cases, simply different drafting preferences and, in some cases, the different priorities of the two Governments.
9. What about the new sentences and punishments?
The Bill increases the penalties available for cruelty and animal fighting offences. The maximum penalty for such an offence is imprisonment for up to 51 weeks, or a fine of up to £20,000, or both. Currently those convicted of the most serious offences under the 1911 Act can only be sent to prison for up to 6 months, or fined up to £5,000, or both.
Offences of failing to ensure welfare of animals or breaches of disqualification orders will attract a maximum penalty of 51 weeks and/or a maximum fine of £5,000.
Other offences under the bill will attract a maximum penalty of 51 weeks and fine up to £2,500. These offences will include obstruction of inspectors and failure to comply with court orders.
10. How will this affect farming?
Policy regarding the welfare of farmed animals has been agreed at European Union (EU) level for many years now. As such, the legislation in the UK governing farmed animal welfare is very comprehensive. However, protection of non-farmed animals has not kept up with these developments. The purpose of this Bill is therefore to bring the legislation concerning the welfare of other animals into line with that for farmed animals and consolidate it in one place. It does not constitute a major change for farmers.
