rs1171403.424-430

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 14th March 2006
424

Animal Welfare Bill, continued

Transfer of animal by way of prize to any person

Mr David Drew

Not selected  nc11

To move the following Clause:—

‘(1)
A person commits an offence if he enters into an arrangement with a person where

that person has the chance to win an animal as a prize.

(2)
For the purposes of subsection (1), entering into an arrangement includes selling

or transferring, or agreeing to sell or transfer, ownership of the animal in

consideration of entry by the transferee into another transaction.’.

Sale of dogs

Mr David Drew

Not selected  nc12

To move the following Clause:—

‘(1)
A person commits an offence if he exposes, offers or displays for sale or supply

or sells or supplies a dog in the course of a business at premises other than—

(a)
a dwelling;

(b)
a licensed breeding establishment or a licensed Scottish rearing

establishment within the meaning of section 8 of the Breeding and Sale

of Dogs (Welfare) Act 1999 (sale of dogs).

(2)
A person commits an offence if in the course of a business he sells a dog which

is less than eight weeks old.’.

Pet fairs

Norman Baker

Greg Mulholland

Mr Michael Clapham

Kelvin Hopkins

Alan Simpson

Mr Mike Hancock

Not selected  NC13

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 a pet 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

Report Stage Proceedings: 14th March 2006
425

Animal Welfare Bill, continued

(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.’.

Snares

Mr David Drew

Not selected  NC14

To move the following Clause:—

‘A person commits an offence if he—

(a)
manufactures a snare,

(b)
sells a snare,

(c)
transfers, or agrees to transfer, ownership of a snare, or

(d)
offers the opportunity to win a snare as a prize.’.

Norman Baker

Greg Mulholland

Not selected  110

Page  1,  line  3  [Clause  1],  after ‘means’, insert ‘a cephalopod or’.

Norman Baker

Greg Mulholland

Not selected  111

Page  1,  line  21  [Clause  1],  after ‘Chordata’, insert ‘, “cephalopod” means any

member of the class Cephalopoda’.

Bill Wiggin

Not called  2

Page  2,  line  16  [Clause  3],  at end insert—

‘(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

Report Stage Proceedings: 14th March 2006
426

Animal Welfare Bill, continued

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

owner or taken into the care of an inspector.’.

Bill Wiggin

Not called  3

Page  3,  line  4  [Clause  4],  at end insert—

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

or cruelty.’.

Norman Baker

Not called  107

Page  3,  line  4  [Clause  4],  at end insert—

‘(3A)
For the purposes of subsection (3)(c), the protection of property shall only be

considered a legitimate purpose when animals are used by the police or armed

forces in the carrying out of their duties.’.

Bill Wiggin

Not called  4

Page  3,  line  21  [Clause  5],  after ‘apply’, insert—

‘(a)
to the docking of the tail of a working gundog; or

(b)
’.

Secretary Margaret Beckett

Agreed to  38

Page  3,  line  25  [Clause  5],  at end insert—

    ‘( )
Nothing in this section applies to the removal of the whole or any part of a

dog’s tail.’.

Bill Wiggin

Not called  5

Page  3,  line  25  [Clause  5],  at end insert—

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

any part of a 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.’.

Secretary Margaret Beckett

Agreed to  62

Page  4,  line  3  [Clause  7],  leave out ‘arranges’ and insert ‘causes’.

Bill Wiggin

Not called  6

Page  4,  line  3  [Clause  7],  after ‘arranges’, insert ‘or knowingly publicises’.

Report Stage Proceedings: 14th March 2006
427

Animal Welfare Bill, continued

Secretary Margaret Beckett

Agreed to  63

Page  4,  line  3  [Clause  7],  at end insert ‘to take place, or attempts to do so’.

Bill Wiggin

Not called  7

Page  4,  line  3  [Clause  7],  at end insert—

‘(aa)
distributes promotional material for an animal fight;

(ab)
willingly accepts promotional material for an animal fight;’.

Secretary Margaret Beckett

Agreed to  64

Page  4,  line  4  [Clause  7],  leave out paragraph (b).

Bill Wiggin

Not called  8

Page  4,  line  5  [Clause  7],  at end insert—

‘( )
knowingly participates in the publicising of an animal fight;’.

Secretary Margaret Beckett

Agreed to  65

Page  4,  line  5  [Clause  7],  at end insert—

‘( )
knowingly receives money for admission to an animal fight;’.

Secretary Margaret Beckett

Agreed to  66

Page  4,  line  5  [Clause  7],  at end insert—

‘( )
knowingly publicises a proposed animal fight;’.

Secretary Margaret Beckett

Agreed to  67

Page  4,  line  5  [Clause  7],  at end insert—

‘( )
provides information about an animal fight to another with the intention

of enabling or encouraging attendance at the fight;’.

Secretary Margaret Beckett

Agreed to  68

Page  4,  line  9  [Clause  7],  at end insert—

‘( )
has in his possession anything designed or adapted for use in connection

with an animal fight with the intention of its being so used;’.

Secretary Margaret Beckett

Agreed to  69

Page  4,  line  9  [Clause  7],  at end insert—

‘( )
keeps or trains an animal for use for in connection with an animal fight;’.

Secretary Margaret Beckett

Agreed to  70

Page  4,  line  9  [Clause  7],  at end insert—

‘( )
keeps any premises for use for an animal fight.’.

Report Stage Proceedings: 14th March 2006
428

Animal Welfare Bill, continued

Secretary Margaret Beckett

Agreed to  82

Page  4,  line  10  [Clause  7],  after ‘or’ insert ‘reasonable’.

Secretary Margaret Beckett

Agreed to  83

Page  4,  line  11  [Clause  7],  at end insert—

‘(2A)
A person commits an offence if, without lawful authority or reasonable excuse,

he—

(a)
knowingly supplies a video recording of an animal fight,

(b)
knowingly publishes a video recording of an animal fight,

(c)
knowingly shows a video recording of an animal fight to another, or

(d)
possesses a video recording of an animal fight, knowing it to be such a

recording, with the intention of supplying it.

(2B)
Subsection (2A) does not apply if the video recording is of an animal fight that

took place—

(a)
outside Great Britain, or

(b)
before the commencement date.

(2C)
Subsection (2A) does not apply—

(a)
in the case of paragraph (a), to the supply of a video recording for

inclusion in a programme service;

(b)
in the case of paragraph (b) or (c), to the publication or showing of a

video recording by means of its inclusion in a programme service;

(c)
in the case of paragraph (d), by virtue of intention to supply for inclusion

in a programme service.

(2D)
Provision extending the application of an offence under subsection (2A), so far as

relating to the provision of information society services, may be made under

section 2(2) of the European Communities Act 1972 (c. 68) (powers to implement

Community obligations by regulations) notwithstanding the limits imposed by

paragraph 1(1)(d) of Schedule 2 to that Act on the penalties with which an offence

may be punishable on summary conviction.’.

Bill Wiggin

Not called  10

Page  4,  line  11  [Clause  7],  at end insert—

‘(2A)
A person commits an offence if, without lawful authority or excuse, he—

(a)
produces a visual record of an animal fight,

(b)
is in possession of a visual record of an animal fight, or

(c)
distributes a visual record of an animal fight.’.

Bill Wiggin

Not called  9

Page  4,  line  11  [Clause  7],  at end insert ‘, or at an activity where there is a

reasonable likelihood of such a fight taking place;

(b)
makes a recording of an animal fight;

(c)
has in his possession or distributes—

(i)
a recording of an animal fight,

(ii)
a copy of such a recording, or

(iii)
material from such a recording; or

(d)
publishes material from a recording of an animal fight.’.

Report Stage Proceedings: 14th March 2006
429

Animal Welfare Bill, continued

Secretary Margaret Beckett

Agreed to  84

Page  4,  line  14  [Clause  7],  at end insert—

‘“commencement date” means the date on which subsection (2A) comes

into force;

“information society services” has the meaning given in Article 2(a) of

Directive 2000/31/EC of the European Parliament and of the Council of

8 June 2000 on certain legal aspects of information society services, in

particular electronic commerce in the Internal Market (Directive on

electronic commerce);

“programme service” has the same meaning as in the Communications Act

2003 (c. 21);

“video recording” means a recording, in any form, from which a moving

image may by any means be reproduced and includes data stored on a

computer disc or by other electronic means which is capable of

conversion into a moving image.

( )
In this section—

(a)
references to supplying or publishing a video recording are to supplying

or publishing a video recording in any manner, including, in relation to a

video recording in the form of data stored electronically, by means of

transmitting such data;

(b)
references to showing a video recording are to showing a moving image

reproduced from a video recording by any means.’.

Bill Wiggin

Not called  11

Page  4,  line  14  [Clause  7],  at end insert ‘and

“recording” means a record from which visual images or sounds may, by

any means, be reproduced.’.

Bill Wiggin

Not selected  12

Page  4,  line  17  [Clause  8],  leave out ‘in all the circumstances’.

Bill Wiggin

Not selected  13

Page  4,  line  19  [Clause  8],  leave out ‘to the extent required by good practice’ and

insert ‘in an appropriate manner’.

Bill Wiggin

Not selected  14

Page  4,  line  19  [Clause  8],  leave out ‘the extent required by good practice’ and

insert ‘an appropriate extent’.

Norman Baker

Not called  108

Page  5,  line  14  [Clause  9],  at end insert—

‘(7)
A person who takes part in an activity which could result in them receiving an

animal as a prize shall have a duty to ensure that they make preparations to meet

Report Stage Proceedings: 14th March 2006
430

Animal Welfare Bill, continued

the need of the animal as set out in section 8(2) as soon as is practical after the

receipt of the prize.’.

Bill Wiggin

Not selected  15

Page  5,  line  18  [Clause  10],  at end insert—

‘(1A)
Provisions promoting the welfare of animals under subsection (1) may only be

made if the appropriate national authority is satisfied, on the basis of publicly

available scientific evidence, that those provisions are in fact necessary to

promote such welfare.’.

Mr David Drew

Not selected  106

Page  5,  line  27  [Clause  10],  at end insert—

‘( )
make provision imposing specific restrictions on the ownership of

primates.’.

Norman Baker

Greg Mulholland

Not selected  112

Page  5,  line  27  [Clause  10],  at end insert—

‘( )
make provision to prohibit the keeping of primates (including provision

making exception from a prohibition).’.

Bill Wiggin

Not called  16

Page  6,  line  12  [Clause  11],  at end insert—

‘(2A)
It shall be a condition of a licence being granted that a person prove their

competence in a manner to be laid down by the appropriate national authority in

order to carry on an activity to which subsection (1) applies.’.

Norman Baker

Greg Mulholland

Not called  113

Page  6,  line  13  [Clause  11],  leave out subsections (3) and (4).

Norman Baker

Greg Mulholland

Not called  114

Page  6,  line  22  [Clause  11],  leave out ‘or (3)’.

Norman Baker

Greg Mulholland

Not called  115

Page  6,  line  24  [Clause  11],  leave out ‘or registration’.