sc582601.143-149

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.
143

House of Commons

Thursday 26th January 2006

Standing Committee Proceedings

Standing Committee A

Animal Welfare Bill

[SEVENTH AND EIGHTH Sittings]

Bill Wiggin

Withdrawn  58

Clause  30,  page  15,  line  11,  at end insert—

‘(e)
from riding, driving or using animals.’.

Norman Baker

Greg Mulholland

Not called  30

Clause  30,  page  15,  line  36,  after ‘8’, insert ‘section [Pet fairs],’.

Bill Wiggin

Not called  121

Clause  30,  page  15,  line  36,  after ‘8’, insert ‘section [Recordings of prohibited

conduct](1)(a),’.

Clause Agreed to.

Bill Wiggin

Mr David Drew

Not called  178

Clause  31,  page  16,  line  16,  at end insert ‘; and

(c)
in the case of the destruction of an animal, it is satisfied, on the basis of

evidence given by a veterinary surgeon, that it is appropriate to do so in

the interests of the animal.’.

Norman Baker

Greg Mulholland

Not called  31

Clause  31,  page  16,  line  27,  at end insert ‘, where it is appropriate so to do in the

interests of the animal.’.

S.C.A.Standing Committee Proceedings: 26th January 2006
144

Animal Welfare Bill, continued

Clause Agreed to.

Bill Wiggin

Mr David Drew

Withdrawn  179

Clause  32,  page  16,  line  44,  leave out subsections (3) and (4) and insert—

‘(3)
In giving directions which specify the manner in which an animal is to be

disposed of, the court may not direct the disposal of an animal to any person

except—

(a)
a licensed breeding establishment,

(b)
a licensed pet shop,

(c)
a licensed Scottish rearing establishment,

(d)
a veterinary surgeon, or

(e)
any other person of who the court is satisfied has the appropriate training

and qualification in, and experience of, animal welfare.’.

Bill Wiggin

Not called  131

Clause  32,  page  16,  line  45,  after ‘regard’, insert ‘to the interests of the animal

and’.

Norman Baker

Greg Mulholland

Not called  112

Clause  32,  page  16,  line  45,  at end insert—

‘(aa)
the interests of the animal.’.

Norman Baker

Greg Mulholland

Not called  32

Clause  32,  page  17,  line  7,  after (3)’, insert ‘(aa)’.

Clause Agreed to.

Norman Baker

Greg Mulholland

Not called  33

Clause  33,  page  17,  line  14,  after ‘8’, insert ‘or section [Pet fairs],’.

Shona McIsaac

Not called  148

Clause  33,  page  17,  line  14,  after ‘8’, insert ‘or [Non-domestic animals in

circuses]’.

S.C.A.Standing Committee Proceedings: 26th January 2006
145

Animal Welfare Bill, continued

Clause Agreed to.

Bill Wiggin

Mr David Drew

Not selected  180

Clause  34,  page  18,  line  1,  leave out ‘Destruction’ and insert ‘Disposal’.

Norman Baker

Greg Mulholland

Withdrawn  34

Clause  34,  page  18,  line  4,  at end insert ‘, where it is reasonable to presume that a

threat to public safety exists’.

Bill Wiggin

Mr David Drew

Not called  181

Clause  34,  page  18,  line  15,  leave out ‘destroyed’ and insert ‘disposed of’.

Bill Wiggin

Mr David Drew

Not called  182

Clause  34,  page  18,  line  20,  at end insert—

‘(3A)
The court shall not make an order for the destruction of an animal under this

section unless it is satisfied, on the basis of evidence given by a veterinary

surgeon, that it is appropriate to do so in the interests of the animal.’.

Bill Wiggin

Mr David Drew

Not called  183

Clause  34,  page  18,  line  31,  at end insert—

‘(6A)
In this section, references to disposing of an animal include destroying it.’.

Clause Agreed to.

Norman Baker

Greg Mulholland

Withdrawn  35

Clause  35,  page  18,  line  41,  at end insert ‘or had been trained so to do’.

Clause Agreed to.

S.C.A.Standing Committee Proceedings: 26th January 2006
146

Animal Welfare Bill, continued

Norman Baker

Greg Mulholland

Not called  36

Clause  36,  page  19,  line  2,  after ‘7’ insert ‘or section [Pet fairs]’.

Bill Wiggin

Not called  122

Clause  36,  page  19,  line  2,  after ‘7’, insert ‘or section [Recordings of prohibited

conduct](1)(a),’.

Shona McIsaac

Not called  149

Clause  36,  page  19,  line  2,  after ‘7’, insert ‘or section [Non-domestic animals in

circuses](1)(a),’.

Norman Baker

Greg Mulholland

Not called  37

Clause  36,  page  19,  line  18,  at end insert ‘including recording equipment’.

Bill Wiggin

Mr David Drew

Not called  185

Clause  36,  page  19,  line  18,  at end insert ‘or in arranging, publicising, recording or

distributing a recording of, an animal fight.’.

Mr David Drew

Withdrawn  208

Clause  36,  page  19,  line  10,  at end insert—

‘(aa)
in the case of a conviction for an offence under section 5, to an electric

collar or similar device or anything designed or adapted for using it;’.s

Norman Baker

Greg Mulholland

Not called  38

Clause  36,  page  19,  line  18,  at end insert—

‘(e)
in the case of conviction for an offence under section [Pet fairs], to

anything used to commit the offence.’.

Bill Wiggin

Not called  123

Clause  36,  page  19,  line  18,  at end insert—

‘(e)
in the case of conviction for an offence under section [Recordings of

prohibited conduct](1)(a), to anything used, designed or adapted for

making a recording.’.

Shona McIsaac

Not called  150

Clause  36,  page  19,  line  18,  at end insert—

‘(e)
in the case of conviction for an offence under section [Non-domestic

animals in circuses], to anything designed or adapted for use in

connection with the use or keeping of wild animals for the purposes of a

circus.’.

S.C.A.Standing Committee Proceedings: 26th January 2006
147

Animal Welfare Bill, continued

Clause Agreed to.

Bill Wiggin

Mr David Drew

Withdrawn  186

Clause  37,  page  20,  line  13,  at end insert—

‘(4A)
A person appointed under subsection (4)(d) must be a person who the court is

satisfied has appropriate training and qualifications in, and experience of, animal

welfare in order to carry out the directions.’.

Clause Agreed to.

Clauses 38 to 40 Agreed to.

Norman Baker

Greg Mulholland

Not selected  39

Clause  41,  page  21,  line  36,  at end insert—

‘(c)
where it is appropriate in the interests of the animal.’.

Clause Agreed to.

Clauses 42 to 44 Agreed to.

Bill Wiggin

Mr David Drew

Negatived on division  187

Clause  45,  page  25,  line  10,  at end insert—

‘(2A)
A person may only be appointed as an inspector under this section if he holds an

appropriate qualification to be an inspector for the purposes of the provision in

question.’.

Bill Wiggin

Not called  59

Clause  45,  page  25,  line  13,  at end insert—

‘(3A)
Where a person other than a state veterinary inspector is to be appointed under

this section, the appropriate national authority shall ensure that they have the

necessary training, knowledge and qualifications for the exercise of their

functions under this Act.’.

Norman Baker

Greg Mulholland

Not called  40

Clause  45,  page  25,  line  16,  at end insert—

S.C.A.Standing Committee Proceedings: 26th January 2006
148

Animal Welfare Bill, continued

‘(4A)
A person may only be appointed as an inspector under this section if he holds an

appropriate qualification to be an inspector for the purposes of the provision in

question.’.

Norman Baker

Greg Mulholland

Not called  41

Clause  45,  page  25,  line  22,  at end add—

‘(7)
In this section, “appropriate qualification” means—

(a)
a qualification—

(i)
accredited at the time of its award, and

(ii)
awarded by a body accredited at that time;

(b)
a qualification awarded before the coming into force of this section which

the Secretary of State certifies to be treated for the purposes of this

section as if it were a qualification within paragraph (a); or

(c)
a qualification obtained in an EEA State (other than the United Kingdom)

which is equivalent to a qualification within paragraph (a) or (b).

(8)
In subsection (7)—

“accredited” means accredited by the Secretary of State; and “EEA State”

means a state which is a contracting party to the Agreement on the

European Economic Area signed at Oporto on 2nd May 1992, as adjusted

by the Protocol signed at Brussels on 17th March 1993.’.

Bill Wiggin

Not called  48

Clause  45,  page  25,  line  22,  at end add—

‘(7)
The appropriate national authority shall ensure that adequate additional funds are

available to local authorities for the appointment and training of inspectors under

this Act.’.

Bill Wiggin

Not called  60

Clause  45,  page  25,  line  22,  at end add—

‘(7)
The appropriate authority may not include in any list of suitable persons to serve

as inspectors, persons employed by organisations enjoying charitable status, or

having agendas which are hostile to those activities they will be inspecting.’.

Clause Agreed to.

Norman Baker

Greg Mulholland

Withdrawn  42

Clause  46,  page  25,  line  40,  at end insert ‘for a period of 10 days’.

Clause Agreed to.

Clause 47 Agreed to.

Schedule 2 Agreed to.

S.C.A.Standing Committee Proceedings: 26th January 2006
149

Animal Welfare Bill, continued

Clauses 48 to 53 Agreed to.

Norman Baker

Greg Mulholland

Withdrawn  43

Clause  54,  page  28,  line  41,  leave out subsections (6) and (7).

Clause Agreed to.

Bill Wiggin

Withdrawn  49

Clause  55,  page  29,  line  6,  after ‘orders’, insert ‘, codes’.

Bill Wiggin

Not called  50

Clause  55,  page  29,  line  8,  after ‘11’, insert ‘, or codes made under 13,’.

Shona McIsaac

Not called  151

Clause  55,  page  29,  line  8,  after ‘11’, insert ‘or [Non-domestic animals in

circuses],’.

Bill Wiggin

Not called  51

Clause  55,  page  29,  line  8,  leave out subsection (2) and insert—

‘(2)
All—

(a)
regulations,

(b)
licensing and registration regimes, and

(c)
codes of practice,


made under this Act shall only be made after the Secretary of State has presented

them in the form of a draft statutory instrument which has been laid before, and

approved by a resolution of, each House of Parliament.’.

Clause Agreed to.

Bill Wiggin

Mr David Drew

Withdrawn  188

Clause  56,  page  29,  line  32,  at end insert ‘“sale” includes hire, barter and exchange,

and related expressions shall be construed accordingly.’.