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| Tuesday 17th January 2006 |
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| [First and Second Sittings]
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| | (1) | during the proceedings on the Animal Welfare Bill the Standing Committee |
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| | shall (in addition to its first meeting at 10.30 a.m. on Tuesday 17th January) |
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| | (a) | at 4.00 p.m. on Tuesday 17th January; |
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| | (b) | at 9.00 a.m. and 1.00 p.m. on Thursday 19th January; |
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| | (c) | at 10.30 a.m. and 4.00 p.m. on Tuesday 24th January; and |
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| | (d) | at 9.00 a.m. and 1.00 p.m. on Thursday 26th January. |
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| | (2) | the proceedings shall be taken in the following order: Clauses 1 to 11; |
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| | Schedule 1; Clauses 12 to 47; Schedule 2; Clauses 48 to 58; Schedule 3; |
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| | Clause 59; Schedule 4; Clauses 60 to 63; new Clauses; new Schedules; |
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| | remaining proceedings on the Bill; |
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| | (3) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 4.00 p.m. on Thursday 26th January.) |
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| Clause 1, page 1, line 3, leave out ‘, except subsections (4) and (5), “animal means’ |
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| and insert ‘“animal” means a vertebrate, a cephalopod or a crustacean.’. |
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| Clause 1, page 1, line 3, after ‘means’, insert ‘a cephalopod or’. |
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| Clause 1, page 1, line 3, after ‘means’, insert ‘a cephalopod or a decapod |
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| Clause 1, page 1, line 4, at end insert ‘and an invertebrate of the class |
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| Clause 1, page 1, line 7, leave out subsections (3) to (5). |
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| Clause 1, page 1, line 7, leave out ‘The appropriate national authority’ and insert |
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| ‘The Secretary of State’. |
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| Clause 1, page 1, line 21, after ‘Chordata’, insert ‘, “cephalopod” means any |
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| member of the class Cephalopoda’. |
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| Clause 1, page 1, line 22, after ‘Chordata’, insert ‘, “decapod crustacean” means |
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| any member of the order Decapoda’. |
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| Clause 2, page 2, line 5, leave out ‘or’ and insert ‘and’. |
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| Clause 2, page 2, line 6, at end add— |
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| | ‘(2) | In this section, “temporary basis” means an occasion when the care of and |
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| | responsibility for a “protected animal” passes from one person, or persons, to |
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| | another person, or persons, by mutual consent.’. |
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| Clause 2, page 2, line 6, at end add— |
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| | ‘(2) | In this section, “wild state” includes animals which— |
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| | (a) | usually live independently from man in local habitats, |
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| | (b) | have been released from the control of man, |
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| | (c) | are no longer dependent on man to satisfy their welfare needs, |
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| | (d) | can come and go of their own accord, or |
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| | (e) | are “wild animals” that fulfil the criteria in this subsection and have been |
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| | captured in the interests of animals control.’. |
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| Clause 3, page 2, line 9, leave out ‘responsible’ and insert ‘who has accepted |
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| Clause 3, page 2, line 9, after ‘animal’, insert ‘(and any offspring that animal may |
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| Clause 3, page 2, line 13, at end insert ‘and any offspring that that animal may |
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| Clause 3, page 2, line 13, at end insert ‘, except when responsibility for an animal |
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| has been passed onto another person on a temporary basis.’. |
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| Clause 3, page 2, line 16, at end add— |
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| | ‘(5) | For the purposes of this Act, in the event of a person unlawfully taking possession |
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| | of an animal, he will be treated as being responsible for that animal on a |
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| | temporary basis, until such time as that the animal is recovered by its lawful |
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| Clause 4, page 2, line 20, after ‘suffer’, insert ‘whether physically or mentally’. |
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| Clause 4, page 2, line 20, at end insert ‘and’. |
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| Clause 4, page 2, line 26, at end insert ‘and’. |
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| Clause 4, page 2, line 26, at end insert ‘as the owner or on a temporary basis,’. |
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| Clause 4, page 2, line 27, at end insert ‘and’. |
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| Clause 4, page 2, line 41, leave out ‘, property’. |
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| Clause 4, page 3, line 1, leave out paragraph (d). |
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| Clause 4, page 3, line 2, at end insert— |
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| | ‘(da) | whether the suffering was caused in the furtherance of any commercial |
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| Clause 4, page 3, line 4, at end insert— |
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| | ‘(3A) | In this section, the term “suffering” includes both mental and physical suffering |
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| Clause 4, page 3, line 4, at end insert— |
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| | ‘(3A) | For the purposes of this section, an act of abandonment shall be considered to be |
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| | a form of unnecessary suffering. |
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| | (3B) | In this section, “abandonment” is to mean when an animal protected under this |
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| | Act is, without lawful reason or excuse, deliberately discharged from the control |
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| | of man without any future provisions for care being established.’. |
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| Clause 4, page 3, line 6, at end add— |
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| | ‘(4A) | Nothing in this section applies to the destruction of an animal for the benefit of |
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| | another animal in a manner not dissimilar to that which could be witnessed in the |
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| Clause 4, page 3, line 6, at end insert— |
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| | ‘(5) | In this section, “suffering” includes mental and physical suffering, and “suffer” is |
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| | to be construed accordingly.’. |
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| Clause 5, page 3, line 10, at end insert ‘unless he is a veterinary surgeon registered |
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| to perform that procedure.’. |
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| Clause 5, page 3, line 20, at end insert ‘carried out by a registered veterinary |
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| Clause 5, page 3, line 20, at end insert— |
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| | ‘(3A) | For the purposes of this section, any procedure carried out on an animal as part of |
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| | a medical treatment by a registered veterinary surgeon prior to the |
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| | commencement of this Act cannot be prohibited through the making of |
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| | regulations under subsection (4).’. |
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| Clause 5, page 3, line 21, after ‘apply’, insert— |
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| | ‘(a) | to the docking of the tail of a dog; |
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| | (b) | to the amputation of the dew claws of a dog; and |
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| Clause 5, page 3, line 22, at end insert ‘; but the docking of the tail of a dog may be |
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| so specified only in respect of circumstances where a veterinary surgeon certifies that the |
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| procedure is necessary in the therapeutic interests of that dog.’. |
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| Clause 5, page 3, line 22, at end insert— |
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| | ‘(4A) | Subsections (1) and (2) do not apply in such circumstances as mutilations lawful |
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| | prior to the commencement of this Act may be required, for the purpose of lawful |
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| | activity, for the benefit, safety and welfare of the animal.’. |
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| Clause 5, page 3, line 25, leave out ‘as the authority considers appropriate’ and |
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| insert ‘and make available the evidence provided’. |
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| Clause 5, page 3, line 25, at end add— |
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| | ‘(6) | Regulations made under subsection (4) shall not include the amputation of any |
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| | part of a dog’s tail except for the purpose of treating existing injury or disease.’. |
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| Clause 5, page 3, line 25, at end add— |
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| | ‘(6) | Regulations made under subsection (4) shall not have the effect of permitting the |
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| | fitting to game birds of masks, or other attachments that pierce the nasal septum.’. |
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| Clause 5, page 3, line 25, at end add— |
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| | ‘(6) | This section does not affect the right of an owner to mark appropriately his animal |
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| | for identification purposes, but does enable appropriate regulations to be made |
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| Clause 5, page 3, line 25, at end add— |
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| | ‘(6) | In subsection (4) “docking of the tail of a dog” means the deliberate removal of |
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| | any part of the tail of a dog if the removal is carried out |
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| | (a) | by a veterinary surgeon; and |
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| | (b) | on a dog which is less than 10 days old.’. |
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| Clause 6, page 3, line 40, at end insert— |
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| | ‘(2A) | A person can only be found guilty of an offence under subsections (1) or (2) if it |
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| | is proven that the poisons were not administered by accident.’. |
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| Clause 6, page 3, line 44, at end add ‘and references to a person “knowing” a drug |
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| or substance to be poisonous or injurious include a person who ought reasonably to |
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| [Adjourned till Thursday at 9.00 a.m. |
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