Memorandum submitted by the All Party
Group for Animal Welfare, National Assembly for Wales
This submission is drafted from the discussions
of a full meeting of the Group.
APGAW Wales would like to welcome the draft
Bill and thank the Committee for the opportunity to respond in
this consultation. This will be a brief response as we are assured
our individual member groups will each be responding, and in addition
we do not wish take up time by going through all aspects of the
Bill that we agree with. We have included some outstanding questions
regarding clarification of certain aspects of the Bill.
HORSES
Members felt that the status of the Horse still
needs clarification. It was felt that there has always been some
confusion as to its definition as a farm or pet animal. Members
wished to see it specified as included in the new provisions,
for instance the minimum age for purchasing an animal proposed
to change from 12 to 16 years old and also whether horses will
be sold with the appropriate accompanying care documents.
Members were pleased to see the tethering of
horses included as an offence—and we would like to see this
extended as a specified offence to other animals where there is
a problem, for instance goats and indeed all pet animals.
There was concern amongst members regarding
the issue of Pit Ponies. Due to sheer economics and the distinct
lack of legislation or regulation in this area, pits may be currently
using ponies (there are no official figures) and they may also
use them again in the future, which we feel is unacceptable. We
would like assurances that at the very least this would contravene
the duty of care offence contained in the Bill.
ANIMAL SANCTUARIES
A great deal of concern was expressed about
the proposed division based on size, on how this would be determined
and in essence how a sanctuary could be defined. We believe that
smaller sanctuaries can actually be where the worst problems arise.
It is also not clear whether animal rescue centres will be included
in this section. Using Lay Inspectors for the smaller premises
was suggested as a means of keeping costs down.
LEGAL
Level of fine/powers of magistrates—it
was felt that the proposed increase in level of offence may not
be sufficient as a deterrent. It was felt that the sentences available
to magistrates should be increased further.
It was also felt that magistrates should be
better trained to understand animal offences and receive better
training as to what punishments are at their disposal.
TAIL-DOCKING
The Group welcomed the proposal to ban cosmetic
tail docking, but also wants to see no exceptions for working
dogs in this legislation. It was felt that no evidence has been
seen that could suggest a case for exemptions in this area. The
group did want to see an exemption in the case of lambs, however,
as fly-strike can be a terrible welfare problem. We would also
want to see a clarification of what is meant by trained personnel.
ABANDONMENT
It was felt that this offence has been downgraded
and was not at a high enough level, as this is a very serious
animal welfare problem. We would like to see it given more importance
in the new legislation.
In addition members were anxious to highlight
another problem with abandonment—where an animal's owner
cannot be traced and the animal needs emergency treatment, ie
a Road Traffic Accident—and who should be liable for that
animal's welfare. The police and other welfare organisations cannot
always assist and vets are not under an obligation and many won't
without payment. It was felt that clarification is badly needed.
CIRCUSES
Whilst members conceded that any improvement
in the provisions made for these animals is better than nothing,
we would prefer to see the use of animals in circuses prohibited.
It was felt that this is an ideal opportunity to ban circuses
with animals under this Bill.
Lorraine Barrett AM
Chair of the All Party Group for Animal Welfare,
National Assembly for Wales
20 August 2004
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