Memorandum submitted by the Associate
Parliamentary Group on Animal Welfare
To summarise the group:
— Is encouraged to see the draft Bill
goes a long way to address current animal welfare needs.
— Endorses the proposal obligatory
care advice and for secondary legislation to introduce codes of
practice.
— Welcomes measures to tackle the current
inconsistencies approach to licensing.
— Praises the Bill for its attempt
to make owners legally responsible for their pets' welfare and
allowing action to be taken at an earlier stage as a preventative
measure.
— Would support exemptions for tail
docking only for genuine medical reasons.
The Associate Parliamentary Group for Animal
Welfare (APGAW) represents a cross party group of Politicians
and Associates Members. APGAW aims to further the cause of animal
welfare by all means available to the parliaments at Westminster
and Europe.
APGAW welcomes the opportunity to comment on
the draft Animal Welfare Bill and is encouraged to see that the
draft Bill goes a long way to address current animal welfare needs.
As a Cross Party Association we are not in a position to offer
a detailed response and therefore have kept our comments fairly
general paying particularly attention to areas where Associate
members have brought their concern to the group's notice.
Inadequate and outdated legislation is the main
theme to many of our meetings—with much emphasis on the
need to update and improve the Protection of Animals Act 1911.
The group support the aims of this draft Bill.
The Group endorses the proposal obligatory care
advice and for secondary legislation to introduce codes of practice
which will lay down guidelines for the care of specific animals
including guidelines on environment. The Group believe that if
such steps are supported by clear guidelines this single measure
will bring forward much needed support for those working within
and concerned with animal welfare and health.
APGAW supports the principle that allows for
the new Bill to be updated and would endorse a flexible bill.
In its current form the new bill will ensure that it has longevity
and brings together workable legislation and the welfare and health
needs of animal in Britain.
APGAW supports the use of legislation to prevent
suffering and welcome the efforts of the draft bill which attempts
to expressly deal with the plight of suffering and poorly treated
animals see this as crucial to successful legislation. APGAW believe
that the Bill will allow society to move away from a reactive
approach and to establish a culture based on a proactive approach.
However there is little progress to be made without clearly set
definitions, guidelines, regulations and enforcement.
APGAW endorses the emphasis on owner/keeper
responsibility and believes that such measures are modern, fair
and just.
SPECIFIC OFFENCES
RELATING TO
ANIMALS
1. Cruelty
APGAW very much welcomes the attempt to introduce
new definitions. The proposed new definitions of "protected
animal" and "temporarily in the custody or control of
man" will allow for more successful prosecutions.
APGAW is aware that Associate Members are keen
to amend this provision to ensure "suffering" includes
physical and mental suffering.
APGAW supports measures that would bring forward
a ban on tail docking but would suggest a definition of mutilation
is required in order to protect procedures such as trimming of
claws. APGAW would support exemptions for tail docking only for
genuine medical reasons.
2. Fighting
APGAW is delighted that the serious nature of
fighting or baiting has been recognised. The Group is pleased
the offence is dealt with as a separate offence.
3. Welfare
APGAW endorse the attempt to address and contrast
willful neglect from ignorance.
4. Sale to persons under 16
The increase in the legal age to purchase an
animal is very much supported by APGAW. AGPAW believe such obligatory
guidance and an increase in age will ensure that keepers/owners
are in a much better position to understand the requirements needed
to own/keep an animal and by having the added benefit of the "Duty
of Care" written guidelines will be able to avoid many commons
problems. It has been brought to the attention of APGAW that animals
are given away free with the sale of animal equipment and hopes
that this potential loophole can be avoided.
ANIMAL WELFARE
REGULATIONS AND
GUIDANCE
Since the introduction of the Protection of
Animals Act in 1911, social attitudes towards animals has dramatically
changed—we are now a society that holds a much greater scientific
understanding of animal health and welfare. We have become much
more emotional towards animal—in the majority of cases animals
have moved away from work animal to companion animals.
It is notable that today MPs receive more letters
on animal welfare that any of subject we are a society that no
longer view the majority of animals that are concerned within
this Bill as tools—but rather as companions.
6. Regulations to promote welfare
APGAW very much welcomes the establishment of
a "Duty of Care". The group has received very strong
presentations which view the guidelines and obligatory care sheet
as key in animal welfare improvements.
The increase in age, the Duty of Care guidelines
will have two very strong advantages over current legislation
it will allow authorities to act before gross negligence and abuse
occurs and it will also allow authorities to distinguish between
the failure to understand the need of the animal from the willful
abusers.
APGAW recognises that for proactive legislation
to be successful it requires clear, concise guidelines (Duty of
Care), monitoring, regulation and enforcement.
8. Making and approval of codes of practice:
England
APGAW has received many presentations which
focused on the vast amount of problems associated with sanctuaries.
The group again calls on the Secretary of State to ensure that
sanctuaries are subject to stringent regulations with regular
checks and monitoring.
APGAW has also received strong representations
calling for pet fairs/market to be banned. APGAW is aware that
there is growing concern that regulatory provisions within the
Draft Bill are viewed by some as endorsements such trades. There
are calls to amend the Bill to ensure that no trading of any pet
animals takes place outside of conventional, fixed, pet shops
or breeders' premises operating under new and more stringent controls.
APGAW endorses the ban on pets given as prizes
and believes this is consistent with the rest of the Bill in it
attempt to promote responsible ownership.
APGAW hold very few policies with the exception
of circuses. The Group has long called for provisions to ban the
use of animals in circuses—Research has shown that due to
their transient nature, the circus environment cannot guarantee
the ongoing high standard of care animals require.
APGAW supports regulation of circuses as an
interim measure but would urge the Secretary of State to prohibit
the use of animals in circuses.
POWERS FOLLOWING
CONVICTION
24. Imprisonment or fine
APGAW recognise that to have any sort of impact
the Bill has to set realistic penalties. The provision to increase
maximum sentences for those charged with animal cruelty from six
months imprisonment or a £5,000 fine to 51 weeks imprisonment
or a £20,000 fine is appropriate. However AGPAW is aware
the increase in imprisonment for fighting offences from six months
to 51 weeks is not seen to go far enough. Associate groups would
like to recommend a further extension of two years.
26. Disqualification
APGAW supports measures that allow magistrates
to disqualify a person convicted of cruelty, fighting or welfare
offence from owning/keeping animals. We are particularly encouraged
by the Bills attempt to introduce measures that disqualify a convicted
person from arranging or participating in an animals keeping.
25. Deprivation
APGAW is confident that the introduction of
a Deprivation order will provide the judiciary with the strength
to secure the safety of vulnerable animals. However, clause 25
should consider other animals owned or keep by the convicted person.
APGAW welcomes the Bills proposal to bring forward
a consistent approach. APGAW notes that with both the Disqualification
and Deprivation order a court will have to give a reason for not
automatically using this power and believes that this is appropriate.
28. Seizure of animals in connection with
disqualification
APGAW recognizes the need to for the Bill to
grant powers to the police and local Authority inspectors the
right to seize and care for distressed/neglected animals. APGAW
believes it is right for the authorities to have the power to
enter non private dwellings if distress and suffering will be
prevented.
APGAW is keen to ensure Authorities have the
power to detect and prevent such crimes before they occur. APGAW
recognises that is some extreme cases the authority will require
the power to act without a warrant in order to seize and care
for animals that have been subject to abuse such as fighting and
support such provisions within the Bill. APGAW is aware of calls
to extent this clause to include not only ownership but "keeping"
and believes that this extension would prevent a person who mistreats
animals in his ownership or keeping from further abuse.
Clearly defined and consistent legislation will
ensure that no loopholes are open for continual offenders. For
far too long the emphasis has been heavily on the welfare bodies
and local authority and police prevention.
APGAW Associates have highlighted their concern
with the limiting definition of the word "animal" and
believes that vertebrates such as cephalopods are excluded. Associate
group are calling for cephalopods: squids, octopuses and cuttlefish
to be included with immediate effect.
CONCLUSION
APGAW believes it is right that this draft bill
will allow the Secretary of State to write Codes of Practice.
Thus mirroring current agricultural legislation and will give
guidance that enforcers and courts can refer to.
APGAW welcomes measures to tackle the current
inconsistencies approach to licensing and believes that good workable
legislation must produce a uniformed licensing standard which
is enforced to by all local licensing authorities.
APGAW praises the Bill for its attempt to make
owners legally responsible for their pets' welfare and allowing
action to be taken at an earlier stage as a preventative measure
and believe that such measures will no doubt prevent thousands
of animals from suffering neglect and cruelty and finally getting
away from the archaic system whereby an animal has to actually
suffer before its owner can face prosecution.
25 August 2004
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