Memorandum submitted by the National Federation
of Badger Groups (NFBG)
The NFBG is the only UK-wide organisation solely
dedicated to protecting badgers in Britain. We represent over
80 local voluntary badger protection groups and are recognised
as a source of authoritative and accurate information on all badger-related
issues. The NFBG works closely with other conservation and welfare
organisations, especially the RSPCA.
The NFBG welcomes the draft Bill as we believe
it will significantly improve animal welfare. Below, we outline
a number of specific comments on the Bill.
1. "ANIMAL
SANCTUARIES"
Badgers will largely only be affected by the
Bill when in captivity. Badgers held in captivity tend to be either
adult badgers that are sick or have been injured (for example
by road vehicles or by snares) or orphaned cubs. In both cases,
the prime objective is to release the badgers back to the wild.
The NFBG, RSPCA and Secret World Wildlife Rescue have published
a joint best-practice protocol for the rescue, treatment and release
of badgers (available at: www.badger.org.uk/action/rehabilitation.html).
The NFBG agrees with proposals to licence "animal
sanctuaries" that will care for badgers and other animals
and we have recommended that the best practice protocol for badgers
be used to set the standards for the licensing of facilities that
deal with badgers.
However, the NFBG is concerned that:
(i) Proposals to introduce licensing, registration
and inspection of "animal sanctuaries" will not be phased-in
until 2008;
(ii) The Bill does not distinguish between
"wildlife hospitals" and "animal sanctuaries",
when their purpose and methods of operation are often very different.
Wildlife hospitals tend to treat sick and injured animals with
a view to releasing them back to the wild as soon as is reasonably
possible. Animal sanctuaries tend to hold animals in captivity
indefinitely. The treatment and welfare requirements of the captive
animals may therefore be very different and we believe this should
be reflected in the legislation;
(iii) Proposals to licence, register and
inspect "animal sanctuaries" are inadequate and unlikely
to effectively deliver high animal welfare standards. We believe
that facilities holding badgers (and other animals) should be
inspected at least every 12 months by a suitably qualified inspector
from a local authority and/or a suitably experienced vet. In addition,
facilities should be licensed and subject to the same level of
inspections, regardless of whether or not they are a charity.
2. IMPROVED POWERS
The NFBG welcomes the introduction of improved
powers, such as power of arrest without a warrant, power of entry
and search and increased sentencing. Such measures will greatly
enhance the ability of the authorities to enforce the legislation.
However, the NFBG remains frustrated by the
fact that neither the Animal Welfare Bill, nor other improvements
to welfare and conservation legislation in recent years, applies
directly to badgers. The Protection of Badgers Act 1992 still
has no power of arrest or power of entry to land or property.
Sentencing is limited, there is no offence for bodies corporate
and prosecutions must commence within six months of commission
of the alleged offence, rather than the three years introduced
into recent new legislation and proposed in the Animal Welfare
Bill. The result is that the Protection of Badgers Act 1992 is
extremely difficult to enforce and often fails in its original
purpose.
The NFBG therefore believes that the 1992 Act
should be updated in order that it (a) may be enforced effectively
and (b) becomes consistent with other legislation, such as the
draft Animal Welfare Bill, the Countryside and Rights of Way (CRoW)
Act 2000, the Nature Conservation (Scotland) Act 2004 and, most
recently, the new Protection of Badgers Act 1992 (as amended by
the Nature Conservation (Scotland) Act 2004).
The NFBG has provided a more detailed explanation
of its concerns on this subject to the Environmental Audit Committee's
current inquiry into Wildlife Crime.
3. EFFECTIVE
ENFORCEMENT OF
LEGISLATION
A new Animal Welfare Act will only be effective
if the Government ensures that sufficient resources are directed
to its enforcement. It is the NFBG's experience that, with a few
notable exceptions, the majority of police forces treat wildlife
crime as a low policing priority. This situation is also likely
to be the case with crimes involving farmed, domestic and captive
animals, as covered by the Animal Welfare Bill.
The NFBG therefore recommends that the Government
ensures that a new Animal Welfare Act can be effectively enforced.
The NFBG believes that the RSPCA fulfils a vital
role in prosecuting cases where the police either do not have
the resources or do not have the expertise to take forward a prosecution.
The NFBG is aware of numerous convictions that have resulted from
the RSPCA's involvement, acting either alone or in partnership
with the police.
27 August 2004
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