Memorandum submitted by the National Equine
Welfare Council
EXECUTIVE SUMMARY
The National Equine Welfare Council (NEWC) is
the representative body for equine welfare organisations in the
UK having 58 members. A list of current member organisations is
attached as Appendix A [not printed]. Those members involved in
the keeping of horses, ponies, donkeys, hinnies and asses agree
to maintain high standards of care and to work in conjunction
with other member organisations for the benefit of the horse.
Minimum care standards are set down in a Code of Practice and
member organisations are guided by this. A copy is attached as
Appendix B [not printed]. In April 2003 NEWC published a Code
of Practice for Markets and Sales involved with the selling of
horses, ponies and donkeys. This can be downloaded using this
link. mktguidelines2003.pdf—201 kb
In general NEWC members welcome the Animal Welfare
Bill and are hopeful that it will allow the promotion of better
equine welfare standards using realistic and valuable methods.
Our comments on specific parts of the Bill are detailed below
and for the purposes of this submission all reference to horses,
ponies and donkeys will be made using the term "equine".
1. Clause 1—Cruelty
(7 and 8) Will ragwort be classed as a "substance"?
If so, this would enable action to be taken swiftly against those
who knowingly graze equines in fields containing ragwort.
2. Clause 3—Welfare
(i) (Para 3) A definition of "abandonment"
is essential.
(ii) (Para 5 (b)) The "degree of domestication"
may be questionable for some equines grazed on common land when
they are referred to as feral, when in fact they are not.
3. Clause 5—Giving as Prizes
This should cover organisations (such as magazines)
not just individuals.
4. Clause 8 and 9 Codes of Practice
NEWC would welcome the opportunity to be further
involved in the production of Codes of Practice referring specifically
to Equines. It is responsible for the Equine Welfare Guidelines
Compendium and produces Codes of Practice for:
Welfare organisations involved in the keeping
of horses, ponies and donkeys and
Markets & Sales involved in the selling
of horses, ponies and donkeys.
5. Clause 11—Powers to take possession
of, and retain, animals in distress
(i) (Para 3a) The retention period of eight
days is considered to be insufficient and should be extended to
a minimum of 21 days to allow sufficient time to identify owners
or other persons responsible for an animal's care.
(ii) There is no definition within the draft
or the explanatory notes of further time limits that must/may
be imposed by magistrates, following an application for an extension
under clause 11(3).
(iii) Clarification of the definition "relevant
proceedings" in 3(b) may assist.
(iv) This is one of the most important clauses
in the Animal Welfare Bill for equine welfare organisations and
NEWC requests that due consideration be given to the specific
concerns as noted above.
6. Clause 12—Powers to remove and care
for animals in distress
(Para 4) Some NEWC member organisations currently offer
retaining facilities for equines whilst a prosecution case is
pending. If payment for this care is not protected then these
facilities may be withdrawn.
7. Clause 13—Other powers in relation
to animals in distress
It is essential that any person killing an animal,
especially in the case of equines, are appropriately qualified
and trained and there should be specific reference in this section.
8. Clause 19—Powers in connection with
Order 16(1) or 17(1)
Identification—ear tags are not an appropriate
form of identification for equines. Microchips or freeze marking
is more commonly used and should be referred to in this section.
9. Powers following conviction
(i) The primary consideration throughout
the equine welfare sector is the prevention of animal suffering.
If this cannot be achieved without resorting to prosecution then
it is the well-being of the animals that are the subject of proceedings
that is most important.
(ii) The powers proposed under clauses 25
and 26 appear to provide the balance between the conflicting claims
of the welfare sector for the imposition of compulsory deprivation
towards those who have been convicted of an offence under the
Act, and the understandable aim to preserve the independence of
the judicial process.
(iii) Clause 26—Disqualification. It
is recommended that a ban on keeping animals should apply to the
family/ home/premises so that persons banned may not transfer
ownership to another member of the family and thus carry on as
before.
(iv) The draft infers a willingness by the
authorities to make magistrates more aware of their powers, together
with the desirability of depriving irresponsible owners of their
right to own or keep animals. The requirements of clause 27 should
encourage magistrates to make orders under clauses 25 and 26.
(v) It is recommended that provision be made
in the Act for the court to order animals being held by a third
party during the prosecution process—and not subject to
an order of deprivation or disqualification—to continue
to be held in their place of safety until ALL fines and costs
relating to the prosecution have been discharged to the court's
satisfaction.
10. Clause 33—Licences
NEWC welcomes the suspension, disqualification
or cancelling of licences, especially those for sanctuaries and
livery yards, held by persons convicted of offences to promote
the degree of responsibility required by licence holders towards
the more general provisions of animal welfare legislation.
11. Clause 44—Appointment of Inspectors
by Local Authorities
It is recommended that local authorities should
recruit inspectors with specialist knowledge suitable for the
specific type of animal concerned. NEWC would be willing to provide
an objective opinion and advise on the selection and recruitment
of such inspectors.
12. Regulatory Impact Assessment
(i) Para 29.
NEWC welcomes the proposed regulation and would
like to be involved in submitting further evidence with respect
to:
(ii) Para 37.
The introduction of a central Animal Welfare
Enforcement Database is welcomed. NEWC has access to a vast bank
of expert knowledge through its member organisations and would
welcome participation in this scheme.
(iii) Para 38.
The equine welfare sector has the resources
to assist in the facilitation of cross boundary working between
local authorities, with specialist training being available from
amongst member organisations. NEWC will be pleased to consult
further on this.
13. Annex E—Proposal to Licence/Register
Animal Sanctuaries
(iii) NEWC considers it to be vital that a definition
of "sanctuary" be included in the Bill. It is understood
that some organisations believe themselves to be exempt from the
proposed licencing / registration as they undertake "rehabilitation"
work and are therefore not technically a sanctuary.
(iv) There are concerns regarding the size of
sanctuaries and how they will be categorised as "large"
(and therefore needing to be licensed) or "small" (and
only requiring registration). NEWC has considerable experience
of both types of organisation and would welcome the opportunity
to consult further on the finer points of this Annex.
23 August 2004
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