rs1171403.417-423

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

417

House of Commons

Tuesday 14th March 2006

Report Stage Proceedings

Animal Welfare Bill, As Amended

New Clauses

Docking of dogs’ tails

Secretary Margaret Beckett

Read a second time, on division  nc8

To move the following Clause:—

‘(1)
A person commits an offence if—

(a)
he removes the whole or any part of a dog’s tail, otherwise than for the

purpose of its medical treatment;

(b)
he causes the whole or any part of a dog’s tail to be removed by another
5
person, otherwise than for the purpose of its medical treatment.

(2)
A person commits an offence if—

(a)
he is responsible for a dog,

(b)
another person removes the whole or any part of the dog’s tail, otherwise

than for the purpose of its medical treatment, and
10
(c)
he permitted that to happen or failed to take such steps (whether by way

of supervising the other person or otherwise) as were reasonable in all the

circumstances to prevent that happening.

(3)
Subsections (1) and (2) do not apply if the dog is a certified working dog that is

not more than 5 days old.
15
(4)
For the purposes of subsection (3), a dog is a certified working dog if a veterinary

surgeon has certified that the dog is likely to be used for work in connection with-

(a)
law enforcement,

(b)
activities of Her Majesty’s armed forces,

(c)
emergency rescue,
20
(d)
lawful pest control, or

(e)
the lawful shooting of animals.

(5)
It is a defence for a person accused of an offence under subsection (1) or (2) to

show that he reasonably believed that the dog was one in relation to which

subsection (3) applies.
25
(6)
A person commits an offence if—

(a)
he owns a subsection (3) dog, and

Report Stage Proceedings: 14th March 2006
418

Animal Welfare Bill, continued

(b)
fails to take reasonable steps to secure that, before the dog is 3 months

old, it is identified as a subsection (3) dog in accordance with regulations

made under this section.
30
(7)
A person commits an offence if—

(a)
he shows a dog at an event to which members of the public are admitted

on payment of a fee,

(b)
the dog’s tail has been wholly or partly removed (in England and Wales

or elsewhere), and
35
(c)
removal took place on or after the commencement day.

(8)
Where a dog is shown only for the purpose of demonstrating its working ability,

subsection (7) does not apply if the dog is a subsection (3) dog.

(9)
It is a defence for a person accused of an offence under subsection (7) to show

that he reasonably believed—
40
(a)
that the event was not one to which members of the public were admitted

on payment of an entrance fee,

(b)
that the removal took place before the commencement day, or

(c)
that the dog was one in relation to which subsection (8) applies.

(10)
A person commits an offence if he knowingly gives false information to a
45
veterinary surgeon in connection with the giving of a certificate for the purposes

of this section.

(11)
The appropriate authority may by regulations—

(a)
make provision about the giving by veterinary surgeons of certificates for

the purposes of this section;
50
(b)
make provision about the identification of dogs as subsection (3) dogs;

(c)
make provision about the functions of inspectors in relation to certificates

for the purposes of this section and the identification of dogs as

subsection (3) dogs.

(12)
Power to make regulations under subsection (11) includes power to make
55
incidental, supplementary, consequential provision or transitional provision or

savings.

(13)
Before making regulations under subsection (11), the appropriate national

authority shall consult such persons appearing to the authority to represent any

interests concerned as the authority considers appropriate.
60
(14)
In this section—

“commencement day” means the day on which this section comes into

force;

“subsection (3) dog” means a dog whose tail has, on or after the

commencement day, been wholly or partly removed without
65
contravening subsection (1), because of the application of subsection

(3).’.

As Amendments to Secretary Margaret Beckett’s proposed New Clause (Docking of

dog’s tails) (NC8):—

Mr Ben Bradshaw

Negatived on division  (a)

Line  13,  leave out subsections (3) to (6).

Mr Ben Bradshaw

Not called  (b)

Line  36,  leave out subsection (8).

Report Stage Proceedings: 14th March 2006
419

Animal Welfare Bill, continued

Mr Ben Bradshaw

Not called  (d)

Line  41,  at end insert ‘, or’.

Mr Ben Bradshaw

Not called  (c)

Line  42,  leave out from ‘day’ to end of line 43.

Mr Ben Bradshaw

Not called  (e)

Line  44,  leave out subsections (10) to (13).

Mr Ben Bradshaw

Not called  (f)

Line  63,  leave out from beginning to end of line 66.

Clause added.

Improvement notices

Secretary Margaret Beckett

Read a second time  nc9

To move the following Clause:—

‘(1)
If an inspector is of the opinion that a person is failing to comply with section

8(1), he may serve on the person a notice which—

(a)
states that he is of that opinion,

(b)
specifies the respects in which he considers the person is failing to
5
comply with that provision,

(c)
specifies the steps he considers need to be taken in order to comply with

the provision,

(d)
specifies a period for the taking of those steps, and

(e)
explains the effect of subsections (2) and (3).
10
(2)
Where a notice under subsection (1) (“an improvement notice”) is served, no

proceedings for an offence under section 8(1) may be instituted before the end of

the period specified for the purposes of subsection (1)(d) (“the compliance

period”) in respect of—

(a)
the non-compliance which gave rise to the notice, or
15
(b)
any continuation of that non-compliance.

(3)
If the steps specified in an improvement notice are taken at any time before the

end of the compliance period, no proceedings for an offence under section 8(1)

may be instituted in respect of—

(a)
the non-compliance which gave rise to the notice, or
20
(b)
any continuation of that non-compliance prior to the taking of the steps

specified in the notice.

(4)
An inspector may extend, or further extend, the compliance period specified in an

improvement notice.’.

Report Stage Proceedings: 14th March 2006
420

Animal Welfare Bill, continued

As an Amendment to Secretary Margaret Beckett’s proposed New Clause

(Improvement notices) (NC9):—

Bill Wiggin

Negatived on division  (a)

Line  2,  leave out ‘may’ and insert ‘must’.

Clause added.

Electric collars

Tony Baldry

Mr David Drew

Bob Spink

Mr Brian H. Donohoe

Mr Adrian Sanders

Not selected  nc1

To move the following Clause:—

‘(1)
A person commits an offence if—

(a)
he attaches an electric collar to an animal that he knows to be an electric

collar, or

(b)
he knowingly uses or permits the use of any electric collar or similar

device on any animals.

(2)
A person commits an offence if he has in his possession or under his control, or

offers, exposes or advertises for sale or supply, or sells or supplies any electric

collar or similar device designed or invented for use on any animal.

(3)
In this section “electric collar” means any collar or any other device which is

made, designed or adapted to transmit an electric current or other electric impulse

to cause shock, pain or other stimulation to an animal wearing or otherwise in

contact with the collar or device.’.

Sale of animals on the Internet

Mark Pritchard

Mr Peter Ainsworth

Mr James Paice

Bill Wiggin

Bob Spink

Negatived on division  nc2

To move the following Clause:—

‘(1)
Within one year of the passing of this Act the Secretary of State shall lay before

Parliament regulations making provision regarding the sale of animals on the

Internet.

Report Stage Proceedings: 14th March 2006
421

Animal Welfare Bill, continued

(2)
The regulations shall, in particular, make provision with regard to persons who

are involved in such sales but who are not themselves responsible for the animals

concerned.

(3)
For the purposes of subsection (2), the sale of an animal includes transferring, or

agreeing to the transfer of, the ownership of the animal in consideration of entry

by the transferee into another transaction.

(4)
Regulations under this section—

(a)
shall be made by statutory instrument, and

(b)
may not be made unless a draft has been laid before and approved by

resolution of each House of Parliament.’.

Improvement notices

Bill Wiggin

Not called  nc3

To move the following Clause:—

‘(1)
Where an inspector considers that animals are being kept in a way which is likely

to cause unnecessary pain, suffering or injury he may serve a notice on the person

appearing to be in charge of the animals requiring that person, within the period

stated in that notice, to take action that the inspector considers to be reasonably

necessary.

(2)
An inspector serving a notice under subsection (1) shall give his reasons for

requiring that action to be taken.

(3)
It is an offence to fail to comply with an improvement notice.’.

Appeals against improvement notices

Bill Wiggin

Not called  nc4

To move the following Clause:—

‘(1)
Any person who is aggrieved by an improvement notice served under section

[Improvement notices] may appeal to a magistrates’ court.

(2)
The procedure on an appeal to a magistrates’ court under subsection (1) shall be

by way of complaint, and the Magistrates’ Court Act 1980 shall apply to the

proceedings.

(3)
The period within which an appeal shall be brought shall be two weeks, or the

period specified in the improvement notice, whichever ends the earlier.

(4)
A court may suspend an improvement notice pending an appeal.’.

Report Stage Proceedings: 14th March 2006
422

Animal Welfare Bill, continued

Powers of a court on appeal

Bill Wiggin

Not called  nc5

To move the following Clause:—

‘On an appeal made under section [Appeals against improvement notices] against

an improvement notice served under section [Improvement notices], the Court

may either cancel or affirm the notice, and, if it affirms it, may do so either in its

original form or with such modifications as the court may in the circumstance

think fit.’.

Abandonment

Bill Wiggin

Not called  nc6

To move the following Clause:—

‘(1)
A person commits an offence if he abandons an animal for which he is

responsible.

(2)
A person commits an offence if he leaves an animal for which he is responsible

and, without reasonable excuse, fails to make adequate provision for its welfare.

(3)
A person who assumes responsibility for the care of an abandoned animal may

apply to a magistrates’ court three months after an animal was abandoned and

seek an order transferring legal ownership to him.’.

Compensation

Bill Wiggin

Not selected  nc7

To move the following Clause:—

‘Where an animal has been removed from its owner and disposed of by any means

under any powers in this Act and where consequently the owner has been found

not guilty of the offence connected with this removal, or the case has been

otherwise disposed of, reasonable compensation shall be paid to the owner for the

loss of his property.’.

Report Stage Proceedings: 14th March 2006
423

Animal Welfare Bill, continued

Circus animals

Shona McIsaac

Mr David Drew

Not called  nc10

To move the following Clause:—

‘(1)
A person commits an offence if he uses or keeps in, or for the purposes of, a circus

an animal not of a kind designated under subsection (2).

(2)
The appropriate national authority may by regulations designate a kind of animal

for the purposes of subsection (1) if that authority is satisfied, on the basis of

scientific evidence, that the welfare needs of animals of that kind are likely

generally to be met if they are used or kept for the purposes of a circus.

(3)
It is unlawful to keep or use a winter holding quarters to which this Act applies

except under the authority of a licence issued under this Act by the local authority

for the area within which the whole or the major part of the winter holding

quarters is situated.

(4)
The appropriate national authority may by regulations make such provision for

licensing in relation to the keeping or using of winter holding quarters as the

authority thinks fit for the purpose of ensuring the welfare of animals to which

subsection (2) applies and which are being used or kept in winter holding

quarters.

(5)
Without prejudice to the generality of the power under subsection (4), the

appropriate national authority may by regulations apply in relation to such

animals section 9A, 10, 11 and 12 of the Zoo Licensing Act 1981 (c. 37) (“the

1981 Act”) (inspection of zoos by local authorities) with such modifications as

the appropriate national authority considers appropriate.

(6)
For the purpose of ensuring the welfare of animals to which subsection (1) applies

and which have been used or kept in, or for the purposes of, a circus the

appropriate national authority may by regulations apply in relation to such

animals—

(a)
subsection (2) to (11) of section 16E of the 1981 Act (obligations of zoo

operator on closure of zoo); and accordingly

(b)
sections 16F (power of local authority to dispose of animals), 16G

(powers of entry) and 19(3D) to (3F), (4) and (5) (offences and penalties)

of the 1981 Act,


with such modifications as the appropriate national authority considers

appropriate.

(7)
In this section—

(a)
“circus” means a place where animals are kept or introduced wholly or

mainly for the purpose of performing tricks or manoeuvres at that place;

(b)
“winter holding quarters” means any establishment other than a circus

where animals which are kept or used in, or for the purposes of, a circus

are kept on more than seven days in any period of 12 consecutive

months.’.