sc582601.150-156

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

S.C.A.Standing Committee Proceedings: 26th January 2006
150

Animal Welfare Bill, continued

Paddy Tipping

Withdrawn  206

Clause  56,  page  29,  line  32,  at end insert—

‘“suffering” is not confined to physical suffering;’.

Bill Wiggin

Withdrawn  124

Clause  56,  page  29,  line  40,  leave out from ‘dwelling’ to end of line 42 and insert

‘are to a part which is wholly or mainly occupied as a private dwelling.’.

Norman Baker

Greg Mulholland

Not called  44

Clause  56,  page  29,  line  41,  leave out ‘yard, garden’.

Bill Wiggin

Not called  54

Clause  56,  page  29,  line  42,  at end insert ‘except insofar as any yard or outhouse

may contain an animal to which section 17(1) may refer.’.

Bill Wiggin

Withdrawn  134

Clause  56,  page  30,  line  21,  at end add—

‘(7)
Any power conferred by this Act (or by an order of a court under this Act) to

destroy an animal is a power to destroy the animal in an appropriate and humane

manner.’.

Clause Agreed to.

Bill Wiggin

Not selected  52

Clause  57,  page  30,  line  28,  at end insert—

‘(3)
The appropriate national authority shall make available to local authorities

adequate monies to cover the costs of their obligations outlined in sections 16, 17,

19, 21, 22, 23, 24, 26 and 45.’.

Clause Agreed to.

Clause 58 Agreed to.

Mr Ben Bradshaw

Agreed to  141

Schedule  3,  page  39,  line  28,  at beginning insert—

    ‘(1)
Section 2 of the Pet Animals Act 1951 (pets not to be sold in streets etc.) ceases

to have effect.’.

S.C.A.Standing Committee Proceedings: 26th January 2006
151

Animal Welfare Bill, continued

Mr Ben Bradshaw

Agreed to  142

Schedule  3,  page  39,  line  28,  leave out ‘the Pet Animals Act 1951’ and insert ‘that

Act’.

Bill Wiggin

Mr David Drew

Withdrawn  189

Schedule  3,  page  42,  line  9,  at end insert—

‘Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11)

13A
In section 8 of the Breeding and Sale of Dogs (Welfare) Act 1999 (Sale of

dogs)—

(a)
in subsection (1)(c), for “to the keeper of a licensed pet shop”

substitute “at a licensed breeding establishment”;

(b)
in subsection (2)(c), for “to the keeper of a licensed pet shop”

substitute “at a licensed breeding establishment or a licensed Scottish

rearing establishment”.’.

Schedule, as amended, Agreed to.

Bill Wiggin

Withdrawn  117

Clause  59,  page  30,  line  32,  after ‘repealed’, insert ‘or revoked’.

Clause Agreed to.

Bill Wiggin

Not called  132

Schedule  4,  page  42,  line  27,  at end insert—

‘(1) Enactments’.

Mr Ben Bradshaw

Agreed to  143

Schedule  4,  page  43,  line  2,  column (2), leave out ‘“docking”’ and insert

‘“nicking”’.

Mr Ben Bradshaw

Agreed to  144

Schedule  4,  page  43,  line  4,  column (2), leave out ‘Section’ and insert ‘Sections 2

and’.

S.C.A.Standing Committee Proceedings: 26th January 2006
152

Animal Welfare Bill, continued

Mr Philip Hollobone

Withdrawn  213

Schedule  4,  page  43,  line  15,  at end insert—

‘Animal Boarding Establishments
Section 5(1)(a).’.

Act 1963 (c. 43)

Bill Wiggin

Not called  133

Schedule  4,  page  43,  line  37,  at end add—

‘(2) Instruments

Title and Number
Extent of revocation

Welfare of Animals (Slaughter or
In paragraph 11 of Schedule 3, the words from “,

Killing) Regulations 1995 (S.I.
except that” to “hindquarters”.

1995/731)

In paragraph 8(c) of Schedule 4, the words

“except in accordance with paragraph 11 of

Schedule 3,”.’.

Schedule, as amended, Agreed to.

Mr Ben Bradshaw

Agreed to  140

Clause  60,  page  30,  line  35,  leave out subsection (1).

Clause Agreed to.

Clause 61 Agreed to.

Norman Baker

Greg Mulholland

Withdrawn  45

Clause  62,  page  32,  line  5,  after ‘appoint’, insert ‘within 3 years following the

passage of this Act’.

Norman Baker

Greg Mulholland

Not called  46

Clause  62,  page  32,  line  8,  at end insert ‘within 3 years following the passage of

this Act’.

Clause Agreed to.

S.C.A.Standing Committee Proceedings: 26th January 2006
153

Animal Welfare Bill, continued

Clause 63 Agreed to.

new clauses

Prohibition on keeping certain animals

Norman Baker

Greg Mulholland

Mr David Drew

Not called  nc1

To move the following Clause:—

‘(1)
The appropriate national authority may by regulations prohibit the keeping at—

(a)
domestic premises, or

(b)
other premises,


of primates.

(2)
For the purposes of subsection (1) “other premises” means premises of such other

type as are prescribed.

(3)
Any regulation made under subsection (1) must be for the purposes of securing

the welfare of primates.

(4)
Regulations made under subsection (1) may include, in particular—

(a)
provision for the enforcement, other than by way of proceedings for an

offence, of the regulations;

(b)
provision—

(i)
that breach of any part of the regulations is an offence, and

(ii)
for penalties as respects the offence;

(c)
provision for and in connection with post-conviction orders in relation to

an offence under the regulations;

(d)
provision conferring on persons of a specified description powers of

entry, search, inspection and seizure in connection with breaches (and

suspected breaches) of provisions of the regulations;

(e)
provision—

(i)
that obstructing a person in the exercise of a power conferred by

the regulations is an offence, and

(ii)
for penalties as respects the offence;

(f)
provision (whether or not subject to specified conditions) for exemptions

from, or qualification to, an offence under the regulations.

(5)
Before making regulations under subsection (1), the appropriate national

authority must consult—

(a)
such persons appearing to them to represent relevant interests, and

(b)
such other persons as they consider appropriate.’.

S.C.A.Standing Committee Proceedings: 26th January 2006
154

Animal Welfare Bill, continued

Pet fairs

Norman Baker

Greg Mulholland

Not called  nc2

To move the following Clause:—

‘(1)
A person commits an offence if he sells an animal in the course of or in

connection with a pet fair.

(2)
A person commits an offence if he arranges an animal fair or knowingly

participates in making, or carrying out, arrangements for a pet fair.

(3)
In this section, “pet fair” means an event—

(a)
which is open to the public (whether on payment or otherwise),

(b)
at which animals are sold (or which is held with a view to the sale of

animals) as pets, and

(c)
where any such sale is made (or is to be made) in the course of a business.

(4)
Where a business consists wholly or mainly of the keeping or selling of animals,

an event held in the ordinary course of that business at premises ordinarily

occupied for the purposes of that business shall not constitute a pet fair.

(5)
For the purposes of this section—

(a)
“selling” an animal includes—

(i)
offering or exposing it for sale,

(ii)
exchanging it, or offering or exposing it for exchange, and

(iii)
transferring, or agreeing to transfer, ownership of it in

consideration of entry by the transferee into another transaction;

(b)
the sale of an animal “as a pet” includes its sale for private captivity or

private husbandry, but does not include its sale for any purpose relating

to agriculture.’.

Statutory improvement notices

Bill Wiggin

Withdrawn  nc3

To move the following Clause:—

‘(1)
Prior to any prosecutions taking place under section 8, the appropriate authority

shall issue a person violating section 8 with a Statutory Improvement Notice

which shall state the reasons for the issuing of such a notice and suggestions on

how to fulfil the requirements of the notice.

(2)
The Statutory Improvement Notice issued under subsection (1) shall require the

person to which it is issued to make appropriate changes to ensure the welfare of

animals which are in their care.

(3)
Under subsection (1), the “appropriate authority” includes—

(a)
local authorities,

(b)
the police,

(c)
the State Veterinary Service, and

(d)
the courts.

(4)
Under subsection (1), the “appropriate authority” does not include—

S.C.A.Standing Committee Proceedings: 26th January 2006
155

Animal Welfare Bill, continued

(a)
private individuals,

(b)
government agencies (except the State Veterinary Service),

(c)
non-governmental organisations, and

(d)
registered charities.

(5)
Statutory improvement notices issued under subsection (1) can only be valid for

a term not exceeding 51 weeks after the date of issue.

(6)
Having issued a statutory improvement notice to a person under subsection (1),

the appropriate authority under subsection (3) must offer that person reasonable

help in meeting the requirements of that notice.

(7)
Nothing in this section prejudices persons or organisations not mentioned in

subsection (3) from offering advice to others regarding animal welfare.

(8)
Persons issued with a statutory improvement notice under subsection (1) will

have 28 days to accept the notice or risk being prosecuted.’.

UK animal welfare enforcement database

Bill Wiggin

Withdrawn  nc4

To move the following Clause:—

‘(1)
The Secretary of State may, by regulation, establish a UK Animal Welfare

Enforcement Database to assist the enforcement of this Act.

(2)
A UK Animal Welfare Enforcement Database established under this section shall

contain only the following information—

(a)
details relating exclusively to registration and licensing schemes under

section 11,

(b)
details relating to persons convicted under this Act, and

(c)
details of the relevant experts and specialists that those persons

responsible for the enforcement of this Act may wish to consult.

(3)
The details contained within subsection (2)(a) and subsection (2)(b) shall only be

amended by and accessible to—

(a)
the police,

(b)
the courts,

(c)
local authorities,

(d)
the Secretary of State,

(e)
the Crown Prosecution Service,

(f)
in Scotland, the Crown Office, and

(g)
in Northern Ireland, the Public Prosecution Service for Northern Ireland.

(4)
Those persons who have access under subsection (3) shall not disclose such

information to any persons during the course of an investigation other than those

under subsection (3) that may be necessary to disclose to during the course of

such an investigation.

(5)
The UK Animal Welfare Enforcement Database shall conform with all the

requirements of the Data Protection Act 1998.

(6)
Before making regulations under subsection (1), the Secretary of State shall seek

to consult publicly with all interested parties and make available the details of the

evidence given.

S.C.A.Standing Committee Proceedings: 26th January 2006
156

Animal Welfare Bill, continued

(7)
After the consultation procedure in subsection (6), the UK Animal Welfare

Enforcement Database shall not be established unless a draft of the instrument

containing the provisions for establishing the UK Animal Welfare Enforcement

Database has been laid before, and approved by a resolution of, each House of

Parliament.’.

Recordings of prohibited conduct

Bill Wiggin

Not called  nc5

To move the following Clause:—

‘(1)
A person comits an offence if, without lawful authority or excuse, he—

(a)
makes a recording of prohibited conduct;

(b)
has in his possession or distributes—

(i)
a recording of prohibited conduct,

(ii)
a copy of such a recording, or

(iii)
material from such a recording; or

(c)
publishes material from a recording of prohibited conduct.

(2)
For the purposes of subsection (1)(b) and (c), “prohibited conduct” means—

(a)
conduct, wherever it takes place, which contravenes (or would if taking

place in England and Wales contravene) section 4(1);

(b)
a prohibited procedure within the meaning of section 5(3), wherever

carried out, other than in circumstances specified in regulations made

under section 5(4) as regards section 5(1);

(c)
an animal fight within the meaning of section 7(3), wherever it takes

place; or

(d)
an act, wherever it takes place, which contravenes (or would if taking

place in England and Wales contravene) section 69(1) or (2) of the

Sexual Offences Act 2003 (intercourse with an animal).

(3)
For the purposes of subsection (1)(a), “prohibited conduct” means conduct

specified in subsection (2)(a) to (d) which takes place in England and Wales.

(4)
A person who has matter in his possession through his use of a computer in

England and Wales commits an offence under subsection (1)(b) notwithstanding

that the matter in question is received from a computer outside England and

Wales.’.

Entry for purposes of arrest

Mr Ben Bradshaw

Added  nc7

To move the following Clause:—