Memorandum submitted by the Peoples Dispensary
for Sick Animals (PDSA)
1. I am writing to convey the views of PDSA
on the Animal Welfare Bill, published on the 14 October 2005.
PDSA fully supports and endorses the aims of the Animal Welfare
Bill, especially the aim to introduce wider legislation with the
purpose of updating the existing animal welfare provision in the
UK.
A. EXECUTIVE
SUMMARY
2. PDSA supports the Animal Welfare Bill
and believes that it will help to ensure that owners recognised
the responsibility of animal ownership. PDSA also supports the
proposals under the Bill that would make it an offence to fail
to provide a basic level of care for an animal.
3. PDSA is pleased that the Bill contains
a radical review and welcomes the effort to modernise the existing
Animal Welfare legislation. PDSA hopes that this Bill will constitute
the framework for appropriate action in tackling the occasions
where a companion animal, although not currently suffering, is
being kept in such a way that suffering will inevitably follow.
This is always going to be a difficult area to legislate for and
PDSA believes that the Bill does balance the individual's privilege
to own or keep a companion animal with his or her responsibility
for ensuring its welfare.
4. PDSA is pleased with the emphasis on
the responsibility of the care for a pet being placed with owners.
The imposition of this responsibility of such a duty of care within
the Bill is welcomed. It is welcomed that the Bill ensures people
who own, or are responsible for, non-farmed animals will have
a duty in law to ensure their animals' welfare.
B. ADDITIONAL
COMMENTS
— The keeper of an animal commits an
offence if he fails to take reasonable steps to ensure the animal's
welfare. These needs are taken to include "the need for appropriate
protection from, and diagnosis and treatment of, pain, injury
and diseases". Does this have more of an impact than considered?
What happens if a pet owner does not get their dog vaccinated—offering
protection from disease? Clearly an understanding of the application
of this worthy aim is required. Additional guidance in light of
this Bill will be required by the Royal College of Veterinary
Surgeons to ensure that Veterinary Surgeons are put into difficulties
with regard to client compliance to the Bill.
— Similar to the promotion of welfare
of farmed animals, PDSA welcomes the fact that this Bill will
provide powers to introduce secondary legislation and codes of
practice to protect the welfare of non-farmed species. This is
of particular value as scientific knowledge and the understanding
of animal welfare issues do change. Ensuring that such changes
can be enacted is of vital importance to ensure the long term
credibility and ongoing effective implementation of Animal Welfare
legislation in the UK.
— PDSA supports a ban on mutilations-such
as the tail docking of dogs—subject to exceptions that are
limited to good, sound and evidence based reasons for the procedure.
PDSA would recommend the inclusion of the term "evidence
based" in any justification and believes that the Bill currently
does not enable this requirement.
— PDSA would also continue to call
that the Bill ensures animal breeders phase out certain characteristics
in cats and dogs that result in a compromise of the breed's health
and welfare. This Bill would actually provide the ideal forum
for such legislation. Whilst breeding out of such detrimental
characteristics is a long term objective, PDSA feels that a regulatory
framework should be in place and incorporated within this Bill
rather than rely upon voluntary codes of practice. Our experience
through our own Veterinary services indicates that the health
and welfare of many breeds has to date been compromised by inappropriate
selective breeding. PDSA believes that this must be incorporated
within the Bill to impact on this important aspect of the promotion
and protection of Animal Welfare.
— Section 16 allows an inspector or
constable to take whatever steps need to be taken to alleviate
the animals suffering. Subsection (4) allows an inspector or constable
to kill an animal without waiting for a vet. Whilst these are
rare occurrences PDSA would urge that consideration is given to
the practicalities of this power and whether individuals tasked
with such a responsibility can discharge it effectively.
— Clause 1 defines animals as vertebrate
animals other than man. A definition in the Scottish Executive
Draft Animal Welfare Bill was "any non-human vertebrate,
cephalopods or crustacean kept by, owned by, managed or dependent
on people." Whilst recognising that subsection (3a) allows
further definition to be applied through regulations PDSA would
suggest consideration should be given to using the above definition
for clarity and consistency given the increasingly diverse pet
owning characteristics of the general public in the UK.
C. CONCLUSION
5. PDSA believes that the Animal Welfare
Bill represents a major step forward in the legal regulation of
animal welfare especially relating to companion animals. This
Act provides not only the necessary emphasis on the prevention
of cruelty but also the promotion of animal welfare from a much
more effective and holistic basis.
6. This Bill represents a significant step
forward in the requirement for increasing the awareness of animal
welfare and PDSA believes that the Bill applies correctly the
duty of care. The emphasis that such responsibility exists to
the individuals who oversees the welfare needs of animals within
their control is firmly supported.
Richard Hooker BVMS (Hons)
MRCVS
Chief Veterinary Surgeon,
PDSA
November 2005
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