Supplementary memorandum submitted by
LACORS and the Local Government Association
1. Following LACORS/LGA appearance before
the Committee to give oral evidence on 12 October 2004, it is
felt that some additional information surrounding the roles and
responsibilities of different types of local authorities in terms
of animal welfare enforcement might assist the Committee.
2. TYPES OF
LOCAL AUTHORITIES
2.1 Different types of authorities carry
out different functions or deliver different services to their
local community, dependant on whether they are the only council
ie a London Borough Council (eg Bromley), Metropolitan (eg Wolverhampton),
Unitary council (eg Brighton and Hove), or a Welsh Unitary Council,
or there are two councils ie a County and District council eg
Surrey Council County Council and various District Councils; Mole
Valley District Council, Epsom and Ewell Borough Council, Tandridge
District Council etc.
2.2 Where there is no County Council, the
London Borough, Metropolitan, Unitary, or Welsh Unitary will deliver
animal health and welfare of farmed animals, and licensing of
animal establishments. However, if there is a County and District
Council, the County will deliver the animal health and welfare
function in terms of farmed animals, and the District Council
will deliver the licensing service.
3. FUNCTIONS
OF LOCAL
AUTHORITIES
3.1 County Councils, Unitary authorities,
Metropolitan Councils, London Boroughs and all Welsh Councils.
These authorities have responsibility for enforcement
of a broad range of animal health and welfare legislation for
farmed animals while on farms, during transportation, at livestock
markets and other licensed animal gatherings. This includes enforcement
of legislation relating to animal identification, animal movement,
bio-security, disease prevention and control, and animal by-products.
These authorities have a statutory duty to enforce certain specific
requirements for welfare at markets and during transport. The
remit for welfare during transport extends to pet (companion animals)
where they are being transported for commercial purposes. For
many years these authorities have also enforced general animal
welfare legislation at farms, markets and during transport. Local
authorities are not specifically funded to carry out the majority
of this work (see below), but see that it complements their work
in terms of animal health, and welcome the updated and improved
powers that the Animal Welfare Bill will give them to assist in
delivery of this work.
3.2 District Councils, Unitary authorities,
Metropolitan Councils, London Boroughs and all Welsh Councils.
These authorities have responsibility for licensing
of certain animal establishments, including:
— Animal Boarding Establishments.
— Dog Breeding Establishments.
These authorities will issue licences, carry
out regular inspections of the licensed premises and where necessary
take appropriate enforcement action when an operator has breached
the terms of a licence. Where there is an animal welfare issue
relating to animals in a licensed premises, some of these authorities
may take action under animal welfare legislation. Others may liaise
with an organisation such as the RSPCA, and the RSPCA would take
the welfare prosecution. This will depend on the circumstances
of the individual case, and other local factors.
4. PRIVATE HOMES
As discussed during the oral evidence session,
the vast majority of local authorities do not carry out animal
welfare enforcement in private homes in terms of people's pets.
It is felt that local authorities do not wish to have a role in
this type of enforcement because they do not have the expertise
and resources, and do not see that it complements delivery of
other services as the work on farms, at markets and in licensed
premises does. Local authority regulatory services are primarily
concerned with the regulation of business activity (eg agriculture
and pet businesses) not the regulation of domestic activities.
From all LACORS discussions with DEFRA officials during the drafting
of the Bill it seemed clear that there was no expectation that
local authorities would expand their role in this area.
5. FUNDING
5.1 In general local authorities do not
receive mainstream funding to carry out enforcement of animal
welfare. There are some minor exceptions to this, such as the
specific statutory responsibilities for welfare during transport
and at markets, contained in the Welfare of Animals (Transport)
Order and the Welfare of Animals at Markets Order.
5.2 The components of the Environmental,
Protective and Cultural Services (EPCS) element of the Revenue
Support Grant (RSG) given to local authorities from central government
remain broad, allowing local authorities flexibility in determining
where to allocate their funding. Many local authorities choose
to have a role in animal welfare enforcement, mainly in terms
of farmed animals, and to some degree in the establishments subject
to licensing. However, each local authority will decide whether
or not to dedicate resources to enforce animal welfare, based
on local circumstances and the needs of their communities.
5.3 Appropriate funding must be made available
for any new burdens on local authorities.
25 October 2004
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