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ANALYSIS OF RESPONSES TO THE CONSULTATION DOCUMENT 'PROPOSALS TO REVISE EXISTING ANIMAL WELFARE LEGISLATION'
General reactions to the proposals
The proposals to revise the current animal welfare legislation were universally met with enthusiasm and positive support. Sixteen responders, including key stakeholders in animal welfare, specifically welcomed the consultation document and its proposals (Scottish SPCA, Central Scotland Police, Falkirk Council, LACORS, RCVS, British Equine Veterinary Association, PDSA, The Federation of Zoological Gardens of Great Britain and Ireland, Scottish Kennel Club, Canine Concern Scotland Trust, Dumfries and Galloway Canine Rescue, NFU Scotland, Game Farmers' Association, Born Free Foundation, Animal Concern and Mr Mike Radford). They felt that the Executive was taking a positive step in revising, updating, consolidating and making the fragmentary legislation more easy to understand and enforce. A number of their quotations highlighted their support and their thoughts on why they believed that the Executive's review was significant:
Consultation on the proposed changes to the 1912 Act were thought to be long overdue and [we] welcome this new discussion document. (BVA Scottish Branch)
Commend the Scottish Executive in taking steps to consolidate and develop new legislation on animal welfare in Scotland. (individual)
Ministers and officials of SEERAD are therefore to be congratulated on having embarked on a process intended to establish whether substantial legislative reform is required. (Mr Mike Radford)
The decision to revise and update legislation which is, in general, outdated and piecemeal is welcomed and long overdue with some of it put on the statute book more than 90 years ago. (Central Scotland Police, LACORS)
Welcomes the initiative by the Scottish Executive to revise and improve current animal welfare legislation in Scotland. (Born Free Foundation)
Fully support and welcome a review and an updating of animal welfare legislation in Scotland. (Dumfries and Galloway Canine Rescue)
Given the considerable amount of legislation on the subject area of animal welfare, much of which has been obsolete, the basis of the proposed changes is sound. (ACPOS)
PDSA fully supports and endorses the aims of the Scottish Executive in the call for wider reform of existing animal welfare legislation. Particularly we support carefully formulated legislation to prevent cruelty to any animal and the recognition of the obligations of people to promote the welfare of animals (including domestic pets) for which they are responsible. (PDSA)
PDSA strongly supports the review by the Scottish Executive of animal welfare legislation … PDSA believes that there is considerable scope to modernise legislation governing animal welfare which for domestic pets and companion animals is currently confusing and outdated. (PDSA)
Modernisation and strengthening of animal welfare legislation is to be welcomed in light of increasing concerns about animal mistreatment, commercial exploitation or neglect of companion or farmed animals. At present not all animals are fully protected by animal welfare legislation and the main outcome of this consultation must ensure that all animals will receive protection by law. (City of Edinburgh Council)
Welcomes the 'tidying up' and consolidation of existing legislation. (The Federation of Zoological Gardens of Great Britain and Ireland)
Animal Concern welcomes moves by SEERAD to revise many areas of animal welfare legislation in Scotland. We recognise this is the greatest opportunity in several generations to improve by law the protection of animals in Scotland. (Animal Concern)
We welcome the review of the legislation and the broad basis of the review. (Kirkwall Dog Training Club)
Scottish Kennel Club welcomes in general terms the revision of animal welfare legislation which is currently fragmented, not easily understood and very difficult to enforce. (Scottish Kennel Club)
The review will give those on whom enforcement duties are placed the opportunity to review enforcement arrangements to ensure the most appropriate, consistent and cost effective application of legislation. (West Lothian Council)
The proposals seems to be sensible and appropriate. (Royal Association of British Dairy Farmers)
Broadly in agreement with the proposals. (Road Haulage Association)
We fully support your proposals towards improving animal welfare. (Aviagen)
We have no specific comments to make other than to support the overall intent of the proposals. (Scottish Association of Meat Wholesalers)
Many of the suggestions in the consultation document have great value. (Perthshire Canine Club)
Responders commented on the difficulties and problems of the current legislation. A number of these have already been referred to above in connection with the significance of the Executive's review:
We have long argued that current legislation is piecemeal and incoherent. (Scottish Countryside Alliance)
Agree that the current legislation is confusing, unwieldy, insufficient and outdated. There is considerable room for improvement. (Minches Hovawarts)
PDSA believes that there is considerable scope to modernise legislation governing animal welfare which for domestic pets and companion animals is currently confusing and outdated. (PDSA)
The existing legislation is complex, confused and in need of updating. (Game Farmers' Association)
Accept that there is a need to consolidate and modernise much of the existing animal welfare legislation. (Scottish Rural Property and Business Association)
1,054 members of the Welsh Corgi League appreciate that the Animal Welfare Bill 1911 (sic) needs to be updated in several areas. (individual)
There exists an urgent need to reassess the scope and effectiveness of a legislative regime whose concepts and language can be traced back further into the nineteenth century. … Both the 1911 and 1912 Acts reflect the scope, concepts and concerns of their Victorian and Edwardian predecessors … Although subsequent amendments have introduced a number of significant changes, the scope and character of the Protection of Animals Acts are outdated, inadequate, and unwieldy, and supports the Scottish Executive's commitment to reform. (CAWC)
The combination of much-amended legislative provisions spread across a range of statutes, the anachronistic language and concepts of much of the legislation, and the lacuna as regards welfare, together represent an unanswerable case for amending and updating the Protection of Animals Acts. (CAWC)
Since the First World War changes have been made to the form and application of the Protection of Animals Acts, but these have been ad hoc and piecemeal in nature, and the basic structure remains unaltered in all essentials. The result is a legislative regime which is both unwieldy and increasingly anachronistic. (Mr Mike Radford)
A major weakness of the Animal Protection Acts in the general absence of enabling powers in primary legislation. As a result, relatively few reforms have been introduced since 1912. The reforms have been generally ad hoc and piecemeal. (Mr Mike Radford)
Legislation needs consultation and a wider range to cover modern life and to close loopholes. (individual)
The existing legislation is also considered to be out of date as it does not reflect changes in trends such as a desire to keep more exotic species. (West Lothian Council)
PDSA strongly supports the review by the Scottish Executive of animal welfare legislation. This is particularly welcomed as increasingly rare and exotic animals are being kept as domestic pets and legislation is required to review and incorporate these developments. (PDSA)
The Protection of Animals Acts are cumbersome, confusing and archaic. There is a need not only for the policy underlying the legislation to be expressed in 'clear intelligible modern language', but also for the policy itself to be made more appropriate for the beginning of the twenty-first century in terms of its objects, scope and application. (Mr Mike Radford)
It is striking that companion animals do not at present benefit from the sophisticated legislative regimes intended to promote welfare which exist in relation to animals kept for other purposes. (CAWC)
Although there exists complementary welfare legislation applicable to animals in many situations, there are some - most notably companion animals - which do not benefit from such legislation, with the result that, although the Protection of Animals Acts prohibits cruel treatment towards them, they fail to impose any duty to promote such animals' welfare. (Mr Mike Radford)
In general terms, CAWC believes that there is an overwhelming case for reforming the law as it applies to the treatment of companion animals. This is necessary, we believe, in order to engender more responsible attitudes towards animals and to promote better standards of care. For too long, the Protection of Animals Acts have been relied on to ensure that companion animals are being well treated, but they are inadequate for the purpose, being principally concerned with the prevention of cruelty rather than the promotion of high standards of welfare. (CAWC)
There is a plethora of animal welfare legislation which many of the enforcement agencies find unwieldy, inappropriate, difficult to understand and even more difficult to enforce. (WAG)
Many of the public's well founded concerns over the maltreatment of animals arise from a failure to enforce existing legislation. (Scottish Countryside Alliance)
At present animal welfare enforcement within Scotland varies widely and is carried out by trading standards officers, environmental health officers, police officers and private individuals working for organisations such as the Royal Society for the Protection of Cruelty to Animals. In addition to the widespread enforcement, matters are further confused as within different authorities the enforcement may be delegated to different units. (West Lothian Council)
The continuing reliance upon nineteenth century language and concepts creates difficulties. The Scottish courts have complained that the statutory provisions are written in 'somewhat turgid and excessively detailed language'. The statutes collectively known as the Protection of Animals Act together provide an unwieldy and cumbersome collection of provisions which can be difficult to understand, to relate to one another, and to enforce. (Mr Mike Radford)
A major weakness of the law relating to companion animals is the general absence of enabling powers in primary legislation. This is apparent both in the Protection of Animals Acts and the various statutory licensing regimes. In consequence, it is not possible to introduce change without recourse to primary legislation. The result is two-fold. First, relatively few reforms have been introduced in the years since the enactment of the 1912 Act. This is in contrast to the legislative and administrative regimes governing animals in other spheres, which have been regularly updated to reflect developing scientific knowledge, changing ethical considerations, or simply in response to perceived weaknesses in their application. Secondly, the reforms which have been introduced for companion animals and the Protection of Animals Act generally have been largely ad hoc and piecemeal. Hence the cumbersome, outdated and unwieldy character of the law which the Scottish Parliament has inherited. (CAWC)
A number of organisations and individuals considered the broad review process and the approach which the Executive should take when revising the legislation. It should:
Not simply tinker with existing laws but seize the chance to take great strides in improving the lot of animals in human care. Scotland has the chance to lead the world in animal welfare protection legislation. (Animal Concern)
Not weaken any of the existing provisions. (Vetwork UK, IFAW)
Not omit anything which might seem irrelevant in the twenty-first century but which should still be illegal. (Animal Concern)
Consider and recognise the interface with regulations in England and Northern Ireland. Legislation should not conflict with that applicable to other parts of the United Kingdom. (Canine Concern Scotland Trust, Pet Care Trust, Road Haulage Association, Mr Mike Radford)
Take full account of the implications of this on activities which take place throughout the United Kingdom. Conflict with legislation applicable to other parts of the United Kingdom should be avoided. (Canine Concern Scotland Trust)
Mirror as frequently as possible the conclusions reached already in England and Wales. Failure to do so would lead not only to inequalities but also make it difficult for the Scottish legislation to obtain consistent compliance. (Pet Care Trust)
Recognise that there would be considerable merit in there being a common underlying policy to both Acts, and the form of regulation (particularly in relation to commercial undertakings) were to be similar. (Mr Mike Radford)
Ensure that lessons learnt in briefings [for the Animal Welfare Bill in England] will be of assistance to the Scottish Executive. (British Greyhound Racing Board)
All interested parties must be included. (individual)
Ensure that the government works in partnership with groups and individuals in being pro-active in the positive promotion of good care. (British Horse Society)
Undertake extensive consultation with direct stakeholders and pay significantly less attention to single issue pressure groups. (Pet Care Trust)
Remember that bad legislation is worse than no legislation and that once it is on the statute books the powers that be are loathe to admit there is a problem and change it (e.g. the Dangerous Dogs Act). One concern expressed here is that changes to the laws in Scotland may just force undesirable or banned practices south of the Border, or underground as appears to have happened with the docking of pups' tails. In order to be effective, any new legislation will have to be very carefully drawn up if it is to achieve its aim of putting an end to the animal suffering resulting from some practices which are presently legal. (Moredun Research Institute)
Ensure the most appropriate, consistent and cost effective application of legislation. (West Lothian Council)
Consider the resource implications which will be caused for local authorities in respect of licensing and inspection. (Falkirk Council)
Remember that New Labour in its last manifesto, promised not to do anything which would be damaging to shooting sports in the United Kingdom. (individual)
Only improve and promote animal welfare and not create enormous amounts of 'red tape' which seems to be on the increase. (Union of Country Sports Workers)
Some responders pointed out that there was a need to consider the character of the proposed legislation. A number of organisations listed the qualities which the new legislation should have. They believed that the legislation should be:
Based on animal welfare considerations, not animal rights. (Scottish Countryside Alliance)
Focused on the welfare of animals - not on the health and wellbeing of those misguided and selfish individuals who wish to keep them in captivity. (individual)
Proportionate to any animal welfare problems
proven to exist. (Game Farmers' Association)
Based in science and industry best practice -
not on emotional campaigns. (Game Farmers' Association)
Based upon workability, practicability and science rather than public pressure and human emotions. (Union of Country Sports Workers)
Based on current practice and scientific understanding. (Macaulay Institute)
Fair, equitable and workable. (Pet Care Trust)
Unify the legislation into a comprehensive act, which is sustainable, enforceable and easily understood by all. (WAG)
Able to allow proportional and effective enforcement. (Perth and Kinross Council)
Able to allow for individual, professional interpretation within national guidelines for overall consistency of approach. (Perth and Kinross Council)
Allow for non-governmental organisations such as the Scottish SPCA to be involved in the monitoring and enforcement process. (Canine Concern Scotland Trust)
Sustainable, enforceable and easily understood by all. (WAG)
Understandable, capable of being enforced in practical and financial terms. (Canine Concern Scotland Trust)
Subject to particularly thorough Regulatory Impact Assessment. (Game Farmers' Association)
Give greater emphasis to the promotion of welfare. (CAWC)
Able to emphasise the need for education to improve animal welfare. (Canine Concern Scotland Trust)
Able to promote animal welfare education. Our motto in the BHS is 'prevention through education' and this is a useful approach in making Scotland a better place for all animals. (British Horse Society)
Provide greater regulation and will iron out many of the loopholes and anomalies associated with existing legislation. (Dumfries and Galloway Council)
Wide-ranging … and … incorporate the offence of cruelty. (Mr Mike Radford)
Focus on defining general principles, duties and responsibilities, and powers, and that detailed provisions should be introduced (and amended) by means of other instruments under the authority of the parent Act, whether by means of secondary legislation, statutory codes of practice, recommendations or guidance, or administrative measures. (Mr Mike Radford)
Able to lay down express requirements relating to welfare in primary legislation and enabling powers set down in more detailed requirements in secondary legislation and codes of practice. (CAWC)
Able to use statutory codes to back up legislation. This is an appropriately flexible way of keeping new laws up to date and ensuring new developments in animal husbandry and handling can be incorporated as the need arises. (British Horse Society)
Allow for graduated implementation. Consistency of standards is essential to address the current uneven application of existing legislation. A nationally recognised qualification needs to be established to assist enforcers and businesses alike. (West Lothian Council)
Have some common threads running through the updating of the legislation. In relation to licensable premises, for example:
Power of entry by an appointed officer, including veterinary or other inspector to premises which are unlicensed but the appropriate local authority has reason to believe should be licensed.
Power to serve notices for the improvement of conditions in which animals are housed, kept or handled. This could relate to the accommodation, hygiene requirements or welfare of the animals.
Provision to licence the premises on a temporary basis (for example up to 3 months) while upgrading/remedial works are undertaken.
Introduction of 'Codes of Practice' that could replace the current 'Model licence conditions and guidance'. Within the Act there could be provision for these codes of practice to be introduced and amended when necessary by the Scottish Minister as exists in the Agriculture (Miscellaneous Provisions) Act 1968. These codes would not of themselves be legally binding but failure to observe their provisions would show a failure to reach the required standards.
The local authority should retain the ability to add specific licence conditions to any particular premises as it sees fit.
Duties/responsibilities towards employees and visitors. The requirement for public liability is at present optional. With current health and safety legislation, due regard should be given to the health and safety needs of the public. (Aberdeenshire Council)
Responders identified benefits that would stem from the revision of the current legislation. Comments included the following:
Would modernise, strengthen and improve current animal welfare legislation. (Falkirk Council)
Consolidation and modernisation of the legislation will allow it to reflect modern thinking and scientific research into animal welfare and allow it to deal more effectively with animal welfare issues which the old legislation is ill equipped to deal with and will promote uniformity in the way animal welfare issues are dealt with in Scotland. (Central Scotland Police, LACORS)
It would mean that any new legislation will mean that those responsible for animals are fully aware of their responsibilities and are knowledgeable about how to care for the animals. (Minches Hovawarts)
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