Memorandum submitted by HM Customs and
Excise
1. HM Customs and Excise welcomes and supports
the new Bill, which will introduce new and strengthened legislation
relating to the welfare of animals. We are happy to fully co-operate.
2. HM Customs and Excise's main law enforcement
activities involving animals are as follows.
— Customs Detector Dog Service, where
trained Customs dogs and handlers search for illegally imported
prohibited or restricted goods; and
— CITES responsibilities- Convention
on International Trade in Endangered Species, where Customs exercise
controls on the illegal importation of endangered species and
fauna. Customs have powers to seize or detain such animals and
may prosecute the responsible person.
3. We are content with the requirements,
responsibilities, provisions and offences set out in the Bill.
We are not clear about the provisions relating to powers of entry
and removal of animals under Section 14 in Crown premises. We
are seeking advice on this.
4. In respect of our CITES responsibilities,
animals which we have detained or seized are taken into custody
and are cared for at an Animal Reception Centre or other specialist
premises. They may be being held as evidence in potential court
proceedings. Entry and removal of an animal by an Animal Inspector
would impact on our ability to maintain proper and effective control,
and could severely weaken our case if we were subsequently unable
to produce the animal in court. We arrange for the care and welfare
of the animal, and take our role in their care seriously as they
are endangered or rare species. Whilst we would look to fully
co-operate in any case of concern, we would request that any actions
under the new Bill do not compromise our offence action.
23 August 2004
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