sc581701.119-124

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
119

House of Commons

Tuesday 17th January 2006

Standing Committee Proceedings

Standing Committee A

Animal Welfare Bill

[First and Second Sittings]

Mr Ben Bradshaw

Agreed to

That—

(1)
during the proceedings on the Animal Welfare Bill the Standing Committee

shall (in addition to its first meeting at 10.30 a.m. on Tuesday 17th January)

meet —

(a)
at 4.00 p.m. on Tuesday 17th January;

(b)
at 9.00 a.m. and 1.00 p.m. on Thursday 19th January;

(c)
at 10.30 a.m. and 4.00 p.m. on Tuesday 24th January; and

(d)
at 9.00 a.m. and 1.00 p.m. on Thursday 26th January.

(2)
the proceedings shall be taken in the following order: Clauses 1 to 11;

Schedule 1; Clauses 12 to 47; Schedule 2; Clauses 48 to 58; Schedule 3;

Clause 59; Schedule 4; Clauses 60 to 63; new Clauses; new Schedules;

remaining proceedings on the Bill;

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 4.00 p.m. on Thursday 26th January.)

Bill Wiggin

Withdrawn  102

Clause  1,  page  1,  line  3,  leave out ‘, except subsections (4) and (5), “animal means’

and insert ‘“animal” means a vertebrate, a cephalopod or a crustacean.’.

Norman Baker

Greg Mulholland

Not called  1

Clause  1,  page  1,  line  3,  after ‘means’, insert ‘a cephalopod or’.

Norman Baker

Greg Mulholland

Not called  2

Clause  1,  page  1,  line  3,  after ‘means’, insert ‘a cephalopod or a decapod

S.C.A.Standing Committee Proceedings: 17th January 2006
120

Animal Welfare Bill, continued

crustacean.’.

Mr David Drew

Not called  190

Clause  1,  page  1,  line  4,  at end insert ‘and an invertebrate of the class

Cephalapoda.’.

Bill Wiggin

Not called  103

Clause  1,  page  1,  line  7,  leave out subsections (3) to (5).

Bill Wiggin

Withdrawn  104

Clause  1,  page  1,  line  7,  leave out ‘The appropriate national authority’ and insert

‘The Secretary of State’.

Norman Baker

Greg Mulholland

Not called  3

Clause  1,  page  1,  line  21,  after ‘Chordata’, insert ‘, “cephalopod” means any

member of the class Cephalopoda’.

Norman Baker

Greg Mulholland

Not called  4

Clause  1,  page  1,  line  22,  after ‘Chordata’, insert ‘, “decapod crustacean” means

any member of the order Decapoda’.

Clause Agreed to.

Bill Wiggin

Withdrawn  105

Clause  2,  page  2,  line  5,  leave out ‘or’ and insert ‘and’.

Bill Wiggin

Not called  106

Clause  2,  page  2,  line  6,  at end add—

‘(2)
In this section, “temporary basis” means an occasion when the care of and

responsibility for a “protected animal” passes from one person, or persons, to

another person, or persons, by mutual consent.’.

Bill Wiggin

Not called  107

Clause  2,  page  2,  line  6,  at end add—

‘(2)
In this section, “wild state” includes animals which—

(a)
usually live independently from man in local habitats,

(b)
have been released from the control of man,

(c)
are no longer dependent on man to satisfy their welfare needs,

(d)
can come and go of their own accord, or

S.C.A.Standing Committee Proceedings: 17th January 2006
121

Animal Welfare Bill, continued

(e)
are “wild animals” that fulfil the criteria in this subsection and have been

captured in the interests of animals control.’.

Clause Agreed to.

Bill Wiggin

Withdrawn  108

Clause  3,  page  2,  line  9,  leave out ‘responsible’ and insert ‘who has accepted

responsibility’.

Bill Wiggin

Not called  109

Clause  3,  page  2,  line  9,  after ‘animal’, insert ‘(and any offspring that animal may

subsequently have)’.

Bill Wiggin

Not called  110

Clause  3,  page  2,  line  13,  at end insert ‘and any offspring that that animal may

produce’.

Bill Wiggin

Not called  111

Clause  3,  page  2,  line  13,  at end insert ‘, except when responsibility for an animal

has been passed onto another person on a temporary basis.’.

Bill Wiggin

Not called  92

Clause  3,  page  2,  line  16,  at end add—

‘(5)
For the purposes of this Act, in the event of a person unlawfully taking possession

of an animal, he will be treated as being responsible for that animal on a

temporary basis, until such time as that the animal is recovered by its lawful

owner.’.

Clause Agreed to.

Norman Baker

Greg Mulholland

Withdrawn  5

Clause  4,  page  2,  line  20,  after ‘suffer’, insert ‘whether physically or mentally’.

Bill Wiggin

Not selected  93

Clause  4,  page  2,  line  20,  at end insert ‘and’.

Bill Wiggin

Not selected  94

Clause  4,  page  2,  line  26,  at end insert ‘and’.

S.C.A.Standing Committee Proceedings: 17th January 2006
122

Animal Welfare Bill, continued

Bill Wiggin

Not called  96

Clause  4,  page  2,  line  26,  at end insert ‘as the owner or on a temporary basis,’.

Bill Wiggin

Not selected  95

Clause  4,  page  2,  line  27,  at end insert ‘and’.

Norman Baker

Greg Mulholland

Negatived on division  6

Clause  4,  page  2,  line  41,  leave out ‘, property’.

Mr David Drew

Not called  191

Clause  4,  page  3,  line  1,  leave out paragraph (d).

Mr Philip Hollobone

Not called  200

Clause  4,  page  3,  line  2,  at end insert—

‘(da)
whether the suffering was caused in the furtherance of any commercial

activity;’.

Bill Wiggin

Not called  97

Clause  4,  page  3,  line  4,  at end insert—

‘(3A)
In this section, the term “suffering” includes both mental and physical suffering

or cruelty.’.

Bill Wiggin

Withdrawn  98

Clause  4,  page  3,  line  4,  at end insert—

‘(3A)
For the purposes of this section, an act of abandonment shall be considered to be

a form of unnecessary suffering.

(3B)
In this section, “abandonment” is to mean when an animal protected under this

Act is, without lawful reason or excuse, deliberately discharged from the control

of man without any future provisions for care being established.’.

Bill Wiggin

Not called  99

Clause  4,  page  3,  line  6,  at end add—

‘(4A)
Nothing in this section applies to the destruction of an animal for the benefit of

another animal in a manner not dissimilar to that which could be witnessed in the

wild.’.

Bill Wiggin

Mr David Drew

Not called  161

Clause  4,  page  3,  line  6,  at end insert—

‘(5)
In this section, “suffering” includes mental and physical suffering, and “suffer” is

to be construed accordingly.’.

S.C.A.Standing Committee Proceedings: 17th January 2006
123

Animal Welfare Bill, continued

Clause Agreed to.

Bill Wiggin

Withdrawn  100

Clause  5,  page  3,  line  10,  at end insert ‘unless he is a veterinary surgeon registered

to perform that procedure.’.

Bill Wiggin

Not called  101

Clause  5,  page  3,  line  20,  at end insert ‘carried out by a registered veterinary

surgeon.’.

Bill Wiggin

Not called  82

Clause  5,  page  3,  line  20,  at end insert—

‘(3A)
For the purposes of this section, any procedure carried out on an animal as part of

a medical treatment by a registered veterinary surgeon prior to the

commencement of this Act cannot be prohibited through the making of

regulations under subsection (4).’.

Bill Wiggin

Mr David Drew

Withdrawn  162

Clause  5,  page  3,  line  21,  after ‘apply’, insert—

‘(a)
to the docking of the tail of a dog;

(b)
to the amputation of the dew claws of a dog; and

(c)
’.

Anne Snelgrove

Mr David Drew

Not called  152

Clause  5,  page  3,  line  22,  at end insert ‘; but the docking of the tail of a dog may be

so specified only in respect of circumstances where a veterinary surgeon certifies that the

procedure is necessary in the therapeutic interests of that dog.’.

Bill Wiggin

Withdrawn  160

Clause  5,  page  3,  line  22,  at end insert—

‘(4A)
Subsections (1) and (2) do not apply in such circumstances as mutilations lawful

prior to the commencement of this Act may be required, for the purpose of lawful

activity, for the benefit, safety and welfare of the animal.’.

Bill Wiggin

Withdrawn  83

Clause  5,  page  3,  line  25,  leave out ‘as the authority considers appropriate’ and

insert ‘and make available the evidence provided’.

S.C.A.Standing Committee Proceedings: 17th January 2006
124

Animal Welfare Bill, continued

Norman Baker

Greg Mulholland

Not called  7

Clause  5,  page  3,  line  25,  at end add—

‘(6)
Regulations made under subsection (4) shall not include the amputation of any

part of a dog’s tail except for the purpose of treating existing injury or disease.’.

Norman Baker

Greg Mulholland

Withdrawn  8

Clause  5,  page  3,  line  25,  at end add—

‘(6)
Regulations made under subsection (4) shall not have the effect of permitting the

fitting to game birds of masks, or other attachments that pierce the nasal septum.’.

Bill Wiggin

Not called  84

Clause  5,  page  3,  line  25,  at end add—

‘(6)
This section does not affect the right of an owner to mark appropriately his animal

for identification purposes, but does enable appropriate regulations to be made

under subsection (4).’.

Bill Wiggin

Mr David Drew

Not called  163

Clause  5,  page  3,  line  25,  at end add—

‘(6)
In subsection (4) “docking of the tail of a dog” means the deliberate removal of

any part of the tail of a dog if the removal is carried out

(a)
by a veterinary surgeon; and

(b)
on a dog which is less than 10 days old.’.

Clause Agreed to.

Bill Wiggin

Withdrawn  85

Clause  6,  page  3,  line  40,  at end insert—

‘(2A)
A person can only be found guilty of an offence under subsections (1) or (2) if it

is proven that the poisons were not administered by accident.’.

Anne Snelgrove

Not called  196

Clause  6,  page  3,  line  44,  at end add ‘and references to a person “knowing” a drug

or substance to be poisonous or injurious include a person who ought reasonably to

know.’.

Clause Agreed to.

[Adjourned till Thursday at 9.00 a.m.