Memorandum submitted by the Remus Memorial
Horse Sanctuary
Whilst we applaud the Animal Welfare Bill and
all attempts to improve and consolidate our outdated welfare legislation
we do have a number of concerns. Those concerns being:
AMBIGUITY
Much of the Bill as it is, remains as ambiguous
as the existing 1911 Protection of Animals Act, and relies too
heavily on interpretation. It rests firmly on one person's interpretation
of what is considered "suitable environment" or "natural
behaviour". We have grave concerns as to who will make these
decisions. The crating of dogs, the keeping of horses stabled
24 hours a day—all common ways of keeping animals but under
the new law they become illegal as the animal is unable to express
its natural behaviour.
LAY PERSONS
We are concerned that more surgical tasks are
being performed by lay-people ie clipping of dew claws, clipping
teeth, docking tails etc. The tendency is for more and more of
these tasks to be carried out by lay-people. These should be procedures
carried out by trained Veterinary Surgeons.
DUTY OF
CARE
There is concern that a system of Duty of Care
may have a detrimental effect on animal welfare as a whole, as
fewer people will be inclined to take on the risk of caring for
animals. This Bill is to "improve" animal welfare not
threaten it.
We are concerned that there does not need to
be proof of actual suffering—the mere presence of circumstances
that can or will lead to future suffering will be sufficient grounds
for the authorities to enter premises, take possession of animals
and prosecute.
MISSED OPPORTUNITY
We feel that having given our laws a total over-haul
that you have failed to include all aspects of animal cruelty
including tail docking and the use of electric collars on dogs
and horses. There is inadequate legislation to protect horses
and other equines in Markets.
TIME SCALE
The proposed time scale for this Act is too
lengthy. We would have liked to have seen much of the Bill implemented
much sooner.
THE RSPCA
It is our understanding that the RSPCA have
asked permission to take on the duties imposed in this Bill, and
in particular the issuing of "improvement notices".
This causes us grave concern as it makes the RSPCA—a charity—a
totally unaccountable police force. Redress will be difficult
as RSPCA are private prosecutors. We would like to see any enforcement
agency being Trading Standards, State Veterinary Service, or Police
Constables—Not the RSPCA
RSPCA Inspectors can overrule a Vet with the
use of "expert witnesses". This can not be right. The
RSPCA can dictate an animal's needs and requirements yet the average
inspector has very little knowledge of actual animal husbandry.
We are totally opposed to the RSPCA being the
enforcement agency and like many others in the animal welfare
movement we will oppose this point vociferously.
ENFORCEMENT
Laws are only any use if enforced properly.
In the case of dogs, horses etc gypsy/traveller encampments must
no longer be no-go areas. If an animal is suffering then we are
all accountable to these laws not just the more law-abiding and
less intimidating members of Society. We want to see this problem
seriously addressed.
SELLING
It is imperative that RSPCA and other welfare
organisations are not allowed to sell animals—making it
of financial interest to them to "rescue" animals that
they can sell on and raise funds.
SANCTUARY LICENSING
We are very concerned that Sanctuaries have
not had chance to give their voice on this issue.
The draft Bill states that once licensing begins
and Sanctuaries are unable to meet the required standards that
many animals will be put down if homes can not be found at other
Sanctuaries. There is no area for Sanctuaries to suddenly absorb
these extra animals and this will result in many hundreds of animals
being put down. How will the public perceive this?
Whilst we are not against the licensing of Sanctuaries
we do feel it important that Sanctuaries are given the opportunity
to be consulted. The British Animal Sanctuary is a very unique
concept—caring for animals without making a profit and for
no ulterior motive other than a care and compassion for the animals
and a desire to make a real difference.
We have a lot of misgivings about the Licensing
System as regards to Sanctuaries and feel it needs substantial
more thought given to it and also the voice of Sanctuaries that
are already established and operating well to be listened to.
24 August 2004
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