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ANALYSIS OF RESPONSES TO THE CONSULTATION DOCUMENT 'PROPOSALS TO REVISE EXISTING ANIMAL WELFARE LEGISLATION'
(4) Animal fighting
Paragraph 14 of the consultation document stated: (4.1) It is our intention to prohibit animals being kept or trained for the purpose of fighting or baiting and that no person shall be allowed to promote, organise or attend an organised fight between animals or between man and animals. We do not intend to make this prohibition apply to any animal kept or trained to assist in the hunting of game or other wild animals. (4.2) Additionally, no one should be permitted to make a financial gain from organising, participating in or betting on animal fighting or cruelty. Do you agree with this proposal? (4.3) Are there any other exceptions which you think need to be made?
Overview
71 responses were received on this subject. Responders included 11 local authorities and their representative organisation, LACORS; 2 police forces; 4 veterinary organisations; 3 animal sanctuaries; 12 welfare organisations; 12 canine organisations (and 2 businesses); and 15 individuals.
Background: instances of animal fighting
Three responders noted the current frequency of animal fighting and the problems of enforcing the existing legislation:
Fairly frequent reports of pet dogs being stolen for baiting but little evidence to prove it. The society seldom receives complaints about animals being set to fight humans, although that is not to say it does not occur. Some years ago there were newspaper reports from England of men fighting pit bulls and more recently there have been reports of rodeo-type events involving wrestling with young bulls. The Society supports legislation to outlaw any such practices. (Scottish SPCA)
At present the law appears to be unenforceable. (Scottish Utility Breeds Club, Perthshire Canine Club)
Questions 4.1 and 4.2. Responses to the proposals
Support or agree with the proposals
A number of responders simply noted that they agreed or supported the proposal or proposals. In all of these instances they were not specific about each of these two questions. They were:
32 organisations. (Aberdeenshire Council, East Ayrshire Council, East Lothian Council, North Lanarkshire Council, Highland Council, Glasgow City Council, Falkirk Council, LACORS, Central Scotland Police, Dumfries and Galloway Constabulary, ACPOS, The Kennel Club, Dogs Trust, Dog Aid Society of Scotland, Inverclyde Dog Training Club, The Bearded Collie Club of Scotland, Scottish Kennel Club, Canine Concern Scotland, National Working Terrier Federation, Scottish Utility Breeds Club, Perthshire Canine Club, Lothian Cat Rescue, Cats Protection, Skye Environment Centre, Pets At Home, CARROT, Scottish SPCA, Cat Action Trust, WAG, Vetwork UK, Macaulay Institute, CAWC)
3 businesses. (Minches Hovawarts, Edelhof Kennels, Scotlean Pigs)
4 individuals.
Strength of support for the proposal
These responders noted the importance of the proposals and stated their level of support for them:
Proposal seems acceptable. (Macaulay Institute)
Agree. (The Bearded Collie Club of Scotland, Scotlean Pigs, individual)
Proposal welcomed. (Central Scotland Police)
A good proposal. (Scottish Centre for Animal Welfare Sciences)
Any tightening up of the legislation to deal with the fighting of animals is welcomed. (LACORS)
Strongly support these proposals. (Dogs Trust)
Totally behind the enforcement of the laws against animal fighting. (Scottish Utility Breeds Club, Perthshire Canine Club)
Strongly supports the Executive's intention of prohibiting the keeping or training of animals for fighting or baiting, and the promotion, organisation or attendance at fights between animals, or between man and animals. (Scottish SPCA)
Support and are in total agreement of the proposals. (National Working Terrier Federation)
Specific proposals
Responders also commented on the specific proposals listed in the consultation document:
Question 4.1. The prohibition of animals being kept or trained for the purpose of fighting or baiting and the promotion, organisation or attendance of an organised fight between animals or between man and animals:
Support or agree with the proposal:
15 organisations. (Angus Council, City of Edinburgh Council, BVA Scottish Branch, BASC Scotland, The Royal Institute of Chartered Surveyors in Scotland, RCVS, PDSA, The Captive Animals' Protection Society, Union of Country Sports Workers, The Brittany Club of Great Britain, Bearded Collie Club of Scotland, Catflap, Munlochy Animal Aid, IFAW, West Lothian Animal Rights and Veggies)
3 individuals.
Support for the proposal
These responders recorded their support of the proposals and their attitudes towards animal fighting and baiting:
Animal fighting (and baiting) is the most reprehensible, and therefore the most serious, abuse involving animals. At present, the offence is one of cruelty. (Mr Mike Radford)
Animal fighting is not something that should be tolerated and there can be no exemptions to this barbaric behaviour. (individual)
Practices of cock fighting, dog fighting, badger baiting etc are undoubtedly cruel and barbaric and rightly require to be outlawed. (Angus Council)
Should be strictly prohibited. (The Royal Institute of Chartered Surveyors in Scotland)
Any fighting in any form should not be allowed. (individual)
Real organised animal fighting should be outlawed completely. (individual)
Fighting or baiting by any species should be totally banned. (BVA Scottish Branch)
Fully accept the prohibition on animals being kept or trained for the purpose of fighting or bating. (BASC Scotland)
There should not be fighting or baiting in any legal hunting. (Vetwork UK)
Totally opposed to any form of physical animal fighting. The mock animal fighting seen on various films and TV dramas are simulations and should not be compared to actual animal fighting. (ACTA)
Hope that any new proposals will stamp out this dreadful act. (Scottish Utility Breeds Club)
Comments on the nature and the scope of the proposal
Responders commented on the nature and the scope of the proposal. They noted how it would fit into other proposals listed in the consultation document, the character of the offences, the extent of the definition of animal fighting and the need to distinguish between fighting and hunting. They also considered the effect which the proposal would have on the work of enforcement agencies:
The proposal would complement the obligation to ensure good welfare. (North Ayrshire Council)
The offences arising from fighting and baiting of animals should no longer constitute an offence of cruelty. Instead there should be a general prohibition on using animals for fighting or baiting, and the existing offences should be associated with this provision. (CAWC)
Legislation should be as far reaching and encompassing as possible in relation to any act involving animal fighting. (ACPOS)
Definition needs to be extended to 'kept, trained or handled, even on a temporary basis' in order to apply to animals e.g. badgers taken from the wild and put straight into a fight. These animals may not be 'kept' or 'trained', but they are 'handled'. (Aberdeenshire Council, LACORS, Central Scotland Police)
Dog fights should be banned. (individual)
The Kennel Club would hope that the seriousness of dog fighting and fighting involving any other animal, would be reflected in the new legislation. (The Kennel Club)
Care should be taken to discriminate between fighting and hunting, e.g. hunting with hawks and falcons. (The Federation of Zoological Gardens of Great Britain and Ireland)
Fox hunting has been dealt with and in such a way that it is an example to the rest of the United Kingdom and abroad. (Munlochy Animal Aid)
It might be worthwhile including some forms of racing. There is an increasing amount of 'sport' such as guinea pig racing, which can distress the participants. However, such definitions would be difficult to incorporate into legislation and therefore the emphasis should remain focused upon prevention of cruelty. (PDSA)
There should be strong guidelines on this issue. (British Horse Society)
Strengthening and extending the current provisions relating to animal fighting would possibly have staffing implications. It may be that the police or agencies currently enforcing this provision are better placed to comment more fully on this matter. (West Lothian Council)
Question 4.2. No one should be permitted to make a financial gain from organising, participating in or betting on animal fighting or cruelty
There were only a small number of responses received to this question. Responders more frequently commented on the need to extend or to modify the proposal:
Agree with proposal
4 organisations (The Bearded Collie Club of Scotland, The Captive Animals' Protection Society, Grampian Animal Defence League, Vetwork UK)
Comments on the proposal
These responders and a number of other ones, suggested that specific parts of the proposal should be modified. Their comments especially related to its extent. They considered that it should include further activities:
Any participation in such an activity, whether or not for financial gain, should be illegal, just as it is illegal to watch a cockfight in the United Kingdom. (League Against Cruel Sports)
There may be scope for the inclusion of an offence, along with training dogs for fighting or baiting, of training dogs to course wild animals other than those mammals exempt under the Act (rabbits and rodents). (ACPOS)
Would also wish to make it illegal to store, sell or supply any publication, goods (harnesses etc) or item that is used to train any animal for fighting or is used during instances of fighting. Would like to make it an offence to own or supply goods used in the training of dogs for fighting. (WAG)
We would also wish to make it an offence to store, sell or supply, any publication, goods or item (such as videos or harnesses etc) that is used to train an animal for fighting or is used during instances of fighting. (The Kennel Club)
Would like to see the provisions extended to make it illegal to own, possess, sell, supply or otherwise distribute any article used in animal fighting or used to train an animal to fight. (Scottish Kennel Club)
Cockfighting Act 1952 - a similar provision should be introduced to cover all items used in animal fighting. This could include training devices. A further offence should be created for being in possession of animal fighting material such as video films of actual dog fights. Customs and Excise could seize on import as obscene material a video of a dog fight. (Scottish SPCA)
Other issues raised relating to the proposal
Responders also noted a number of further issues which related to the proposal. These included the scope of the penalties and the offence and the geographical extent of the application of the provision:
Because of its particular nature, involvement in animal fighting should be an offence in its own right, carrying the most serious sanctions (including, upon conviction, the automatic confiscation of all animals for which the defendant is responsible, together with a lifetime ban). (Mr Mike Radford)
Penalties for dog fighting are relatively low and Dogs Trust would like to see consideration of increasing the level of penalty on conviction. (Dogs Trust)
Should be enforced with heavy fines or imprisonment. (PAWSI)
Heavy penalties should be given to those caught in dog fights and for badger baiters. (individual)
There should be significant penalties - both financial and/or custodial - for those involved in, or profiting from, such activities. (Catflap)
It is suggested that consideration should be given to making it an offence in Scotland to organise such events abroad or to bet on such offences abroad. (Faculty of Advocates)
Question 4.2. Exemption of hunting of game or any other wild animals
The consultation stated that a prohibition of animal fighting would not apply to any animal kept or trained in the hunting of game or other wild animals. A number of responders commented on this exemption. Not all agreed that these animals or activities should be exempted. Some of them also proposed that they should also be prohibited:
Take exception to the phrase 'we do not intend to make this prohibition apply to any animal kept or trained to assist in the hunting of game or other wild animals'. This should not be exempt from the proposed law. (Grampian Animal Defence League)
Do not see any reason to exclude, from this prohibition, animals kept or trained to assist in the hunting of game or other wild animals. None of the animals used in legitimate fields are kept or trained for the purpose of fighting or baiting. This exemption should be removed. (BASC Scotland)
Oppose segment that this does not apply to animals kept or trained to assist in the hunting of 'game' or other wild animals. Propose that all animals are prohibited from being kept or trained for the purpose of fighting or baiting and that no person shall be allowed to promote, organise or attend an organised fight between animals or between man and animals. (2 individuals)
Oppose the exemption for animals intended to hunt game and other wild animals. There is no current necessary or legal purpose for dogs to be trained to bait or fight. Furthermore, it should be noted that the Protection of Wild Animals (Scotland) Act 2002 has exemptions only for the use of dogs in the case of flushing foxes to guns. The dogs used would not need to be kept or trained for the purpose of fighting or baiting, as it is against the provisions of the Act for such fighting or baiting to take place. Oppose such an exemption on principle. If it is cruel for an animal to be trained to fight another animal, then it is irrelevant to the cruelty whether or not either is wild. Concerned that the suggested exemption would cause legal problems, in that those accused of training dogs to fight or bait might escape conviction by maintaining that they were teaching the dogs to fight an unprotected species, for example rabbits. This is the situation that already often arises with digging at badger setts, where accused parties claim to dig for foxes rather than disrupting badgers. The proposed exemption in the new legislation could cause a similar legal loophole. (League Against Cruel Sports)
Concerned at the suggestion of an exemption from animal fighting offences for dogs used, kept, or trained to assist in the hunting of game. Dogs used to track an animal are not and should not be trained to fight the target animal or any other. Even dogs used to kill humanely, by neck dislocation of animals less than 1.5 kg (Home Office guidelines) are not and do not need to be trained to fight. The League believes that it should without exception be an offence to train, keep or use dogs to fight. A trained pointer or retriever is not a fighting dog. A terrier under the terms of the Act must not be used to fight or bait. There is therefore no need for an exception for working dog from dog fighting legislation. (League Against Cruel Sports)
Killing for pleasure as distinct from necessity is something that is not understood. Fail to distinguish the niceties between organised hunting and killing e.g. pheasants, deer, foxes, fish, badgers, all termed as sport. (individual)
Do not agree that animals should be trained for use in hunting because we do not agree with hunting with dogs or with shooting of animals specifically bred for that purpose, e.g. pheasants and grouse. (individual)
No blood sport (shooting, hare coursing, fox hunting etc) should be allowed, and trapping of any kind should be outlawed immediately. (individual)
Unacceptable for animals such as dogs to be used in any form of hunting of 'game' or any wild animals i.e. shooting for 'sport'. (The Captive Animals' Protection Society)
Question 4.3. Exemptions to the proposal
Responders had three viewpoints: (1) exemptions should not be made; (2) could not think of any exemptions; (3) exemptions should be permitted. Each will be discussed in turn:
(1) No exemptions should be made
9 organisations. (East Lothian Council, Glasgow City Council, Scottish Centre for Animal Welfare Sciences, Kirkwall Dog Training Club, Inverclyde Dog Training Club, Lothian Cat Rescue, PAWSI, IFAW, Vetwork UK)
3 individuals.
(2) Could not think of any exemptions
4 organisations. (East Ayrshire Council, North Ayrshire Council, Dogs Trust, The Bearded Collie Club of Scotland) and one business. (Edelhof Kennels)
(3) Exemptions should be permitted
8 organisations. (Dumfries and Galloway Constabulary, ACPOS, The Brittany Club of Great Britain, The Royal Institute of Chartered Surveyors in Scotland, Scottish Association of Country Sports Workers, Scottish SPCA, Skye Environment Centre Ltd, PAWSI)
1 business. (Scotlean Pigs)
1 individual.
The exemptions that should be permitted
A number of responders noted the exemptions that should be permitted. These included any animal kept or trained to assist in the hunting of game and other wild animals. Others extended their comments to pest control activities, one sporting activity and work within the film and media industries:
Should not apply to any animal kept to assist in the hunting of game or legal hunting of other wild animals. (The Royal Institute of Chartered Surveyors in Scotland)
In accordance with the provisions of the Protection of Wild Mammals (Scotland) Act 2002, animals trained to assist in the hunting and retrieving of wild game should be exempt. (ACPOS)
Animals kept or trained in the hunting of game or other wild animals. (Dumfries and Galloway Constabulary)
The use of gundogs in the sports of shooting and stalking. (Scottish Association of Country Sports Workers)
The training and use of animals hunting game and vermin. (Scotlean Pigs)
Dogs being used to point game. (The Brittany Club of Great Britain)
Terriers used in hunting or in pest control. During the passage of the Protection of Wild Mammals (Scotland) Bill, the Society proposed that the use of terriers to kill fox clubs in their earths, to prevent them starving to death after the death of their mother, could be avoided by means of a close season on vixens during the breeding season. Terriers are known to encounter adult foxes below ground and to suffer injuries as a result. (Scottish SPCA)
Animal trainers in the media are often asked to do re-enactments of animal fighting or animal and man fighting for period drama and some documentaries. These are trained animals and must be simulated and also controlled and monitored by an experienced film veterinary surgeon. It is important to allow films to show period, fact or fiction enactments as otherwise their realistic and artistic content would be impeded and it would change the face of history as seen by future generations. All films or TV shows should carry an end credit note stating that the action was simulated, controlled and monitored by a vet. (PAWSI)
General comments about exemptions
A small number of responders commented on the way these exemptions should be incorporated into the legislation, their relationship with animal welfare standards and the Wild Mammals (Scotland) Act 2002:
If some exemptions are permitted and others not, how are they to be distinguished? (individual)
Will the exemption create a loophole? Very careful wording is required to avoid this. (individual)
Any permitted exemptions should not weaken the Protection of Wild Mammals (Scotland) Act 2002. (Animal Concern, 2 individuals)
Any exemption relating to hunting should remain in line with the Protection of Wild Mammals (Scotland) Act 2002. (West Lothian Animal Rights and Veggies)
Special consideration has to be given to ensure that training methods and operational use comply with welfare standards. (City of Edinburgh Council)
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