Hampshire County Council

Executive Member for Policy and Resources Item 7

13 March 2002

Animal Welfare Consultation

Report by the Director of Property, Business and Regulatory Services

Contact: Paul Berryman. Ext. 6619.

1. Summary

The following decisions are sought:

1. That an initial response to the government's Animal Welfare consultation is made recommending improvements to animal welfare legislation made, particularly under the Protection of Animals Act 1911 and the Performing Animals (Regulation) Act 1925.

2. That any future legislative proposals resulting from this consultation are reviewed and if necessary a further response by the Council is made.

2. Reason (s)

2.1. The Animal Welfare Minister, Elliot Morley has announced a consultation on the need to review, modernise and simplify outdated laws on animal welfare as it relates to captive animals. The deadline for responses to the consultation is 30 April 2002.

3. Other options considered and rejected

3.1 Not applicable.

4. Conflicts of interest declared by the decision-maker or a member or officer consulted

4.1. None declared

5. Dispensation granted by the Standards Committee

5.1. Not applicable

6. Reason(s) for the matter being dealt with if urgent

6.1. Not applicable

Approved by: ................................... Date of decision: ........................

Councillor T K Thornber

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Hampshire County Council

Executive Member, Policy and Resources Item 7

13 March 2002

Animal Welfare Consultation

Report by the Director of Property, Business and Regulatory Services

Contact: Paul Berryman. Ext. 6619.

1. Background

1.1. The Animal Welfare Minister, Elliot Morley has announced a consultation on the need to review, modernise and simplify outdated laws on animal welfare as it relates to captive animals. The consultation invites comments about the need for the review, rather than making any proposals for specific legislation. The consultation is therefore at an early stage. The consultation does not deal with the issues of hunting with dogs, animals in zoos, unruly dogs or the welfare of animals in scientific research.

1.2. The specific legislation under consideration by the Department of the Environment, Farming and Rural Affairs (DEFRA) is the following:

· Protection of Animals Act 1911

· Performing Animals (Regulation) Act 1925

· Pet Animals Act 1951

· Cockfighting Act 1952

· Abandonment of Animals Act 1960

· Animal Boarding Establishments Act 1963

· Riding Establishments Acts 1964 and 1970

· Breeding of Dogs Acts 1973 and 1991

· Protection Against Cruel Tethering Act 1988

· Breeding and Sale of Dogs (Welfare) Act 1999

1.3. The County Council's officers enforce two of these Acts, namely Protection of Animals Act 1911 and Performing Animals (Regulation) Act 1925. The Protection of Animals Act is also used in enforcement by the Police and Royal Society for the Protection of Cruelty to Animals (RSPCA). The remaining Acts are enforced by District Councils or are common informers Acts.

2. Enforcement of Animal Health and Welfare Legislation by Hampshire County Council

2.1. The Animal Health and Welfare Officers of Regulatory Services enforce the provisions of the Animal Health Act 1981, which covers animal disease prevention measures, such as those used recently flowing the foot-and-mouth disease outbreak. These officers visit livestock keepers in Hampshire to ensure the correct keeping of animal records and identification of individual animals where necessary. The Act also covers the welfare of animals in transport. While carrying out this role any welfare concerns of livestock animals are dealt with, often in partnership with Veterinary Officers of DEFRA.

2.2. There is specific legislation and codes of practice covering the welfare of farmed livestock kept for a trade or business on agricultural land. It is pleasing to report that in by far the majority of cases the welfare of farmed livestock in Hampshire is of a high order. However, in rare cases livestock animals are found where the welfare conditions are very poor and the animals are suffering unnecessarily. These rare cases are often found to be caused by a person who is on the fringes of the farming community rather than in a full time business. The Protection of Animals Act 1911 together with its associated amendment Acts may then be used to take further action against an individual where the case is so serious that court action is appropriate. However, prosecutions are few and only are only taken in extreme cases.

2.3. The Performing Animals (Regulation) Act 1925 requires persons exhibiting or training animals for public entertainment to register with the local authority. Hampshire County Council is required to register such persons and maintain a record. Registration can only be refused if a Court so orders, following a complaint that the exhibition or training of animals has been accompanied by cruelty.

3. The Need to Review and Update Animal Welfare Legislation.

3.1. The County Council's enforcement interest lies in Protection of Animals Act 1991 in respect of livestock and the Performing Animals (Regulation) Act 1925. Experience has shown that both these Acts require review and, if appropriate, updating possibly by a consolidation Act encompassing all animal welfare issues. In particular, the following issues need to be addressed in the review:

3.2. Protection of Animals Act 1911

· Effective powers of entry to deal with animals that are suffering unnecessarily.

· Provisions for an offence of likely to cause unnecessary suffering. At present an animal must have suffered before action can be taken.

· Link codes of welfare practice for the keeping of animals to the provisions of the Act. This would provide common standards to be applied.

3.3. Performing Animals (Regulation) Act 1925

· Require the registration of persons every two or three years. At present it is a one-off registration. Regular registration allows details of those registered to be kept up to date. There is no requirement at present to notify the cessation of training or the exhibition of performing animals.

· Provide standards of training and performing methods permitted within the legislative framework. No standards exist at present.

4. Deadline for consultation responses.

The deadline for responses to the consultation is 30 April 2002.

Recommendation(s)

That:

1. An initial response is made to the consultation in line with the comments in section 3 above.

2. Any future legislative proposals resulting from this consultation are studied and if necessary a further response is made.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report

NB the list excludes

1. Published works

2. Documents which disclose exempt or confidential information as defined in the Act

DEFRA News Release, 2 January 2002. "Morley Consults on Plans to Modernise Animal Welfare". Plus Consultation Letter.

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