Memorandum submitted by the Royal College
of Veterinary Surgeons (RCVS)
1. The Royal College of Veterinary Surgeons
warmly welcomes the draft Bill.
2. Clause 1 sets out a rational definition
of the offence of cruelty to domesticated animals, putting clear
principles in place of the outdated detail in the present legislation,
and clause 3 places a positive duty on keepers of animals to take
reasonable steps to secure their welfare. These two straightforward
provisions will provide a sound base for the animal welfare legislation
of the future.
3. Clause 1 sets the right emphasis by prohibiting
mutilations while providing for exceptions to be prescribed by
order subject to affirmative resolution. We assume that "mutilation"
would not extend to an operation carried out by a veterinary surgeon
for good clinical reasons, such as the necessary amputation of
a damaged limb.
4. We support the proposal in clause 4 to
prohibit the sale of animals to children under the age of 16.
5. It is sensible that detailed rules to
promote the welfare of different kinds of animals should be laid
down in regulations under clause 6 rather than on the face of
the statute, and we welcome the extension of this power to all
animals kept by man. The Committee may, however, wish to consider
whether it is wise for subsection (2) to go into so much detail
about the matters which the regulations may cover. The subsection
is expressed to be without prejudice to the generality of the
regulation-making power, but the clause may nevertheless be in
danger of circumscribing the power by giving such specific indications
of how it might be used. In particular, paragraph (b) of the subsection,
dealing with accommodation, envisages that regulations will prescribe
materials, facilities and space allowances. This could prove to
be an obstacle if it were desired to lay down standards in functional
terms. If the object is, for example, to make sure that animals
are kept warm and dry, it may be better to say so than to specify
how the building is to be constructed.
6. The power to make regulations is very
wide, extending as it does to the creation of requirements for
licensing or registration in relation to specified activities.
We do not suggest that this is inappropriate, particularly since
the regulations are to be subject to affirmative resolution. Since,
however, the draft Bill would confer extensive powers on Ministers
it would have been helpful if the Explanatory Notes had given
a fuller and clearer picture of how the powers would be used,
particularly in respect of licensing and registration. On some
subjects it is necessary to refer to the annexes to the Regulatory
Impact Assessment for an indication of what is envisaged.
7. We welcome the extension of the power
to make codes of practice to animals other than farm animals (clause
7).
8. Other organisations will be better placed
than RCVS to comment on the provisions of the Bill concerning
the protection of animals in distress or used for fighting, and
on the enforcement provisions.
9. RCVS has a particular interest in the
involvement of veterinary surgeons in promoting animal welfare
by carrying out inspections under various licensing regimes and
awaits further details of what is intended.
10 August 2004
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