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ANALYSIS OF RESPONSES TO THE CONSULTATION DOCUMENT 'PROPOSALS TO REVISE EXISTING ANIMAL WELFARE LEGISLATION'
(20) Human rights
Pages 10 and 11 of the consultation document noted that 'under Section 31(1) of the Scotland Act 1998, a Minister of the Scottish Executive must, on introducing a Bill in the Scottish Parliament, state that in his/her view the provisions of the Bill would be within legislative competence of the Scottish Parliament. To be within legislative competence, a Bill's provisions must, among other things, be compatible with the 'convention rights' - those rights drawn from the European Convention on Human Rights (ECHR). In addition, the Presiding Officer of the Parliament must decide whether the provisions would be within the legislative competence and state his view'. A number of responders commented specifically on the implications of the proposals on human rights issues. Their comments are as follows:
There is a need to consult on ECHR implications. (Highland Council)
Would be pleased to submit a view to the Executive as to what constitutes adequate protection for ECHR implications. (Scottish SPCA)
There is no economic, social or environmental objective that would be impeded by the proposals to revise existing animal welfare legislation. There may, conversely, be benefits in encouraging a reduction of habits which are inherently welfare-poor and environmentally damaging such as excessive transportation of animals. (Scottish SPCA)
Agree to strike the correct balance. (ACTA)
The Minister must strike a balance between the owner's human rights and the protection of an animal's welfare. (PDSA)
Human rights should not include the right to ill-treat animals whether pet or farm. (Minches Hovawarts)
Whilst we recognise the importance of the European Convention of Human Rights, we do not believe this exists to provide justification for the mistreatment of animals. (West Lothian Animal Rights and Veggies)
Humans have no rights to abuse or cause unnecessary suffering to animals and must not be permitted to hide behind the label of 'human rights'. (Scottish Kennel Club)
So as not to encroach on our human rights, all persons who meet the required criteria set in legislation should be allowed to own any species of animal. (PAWSI)
The human right concerning free speech, the freedom of the press and the impartion of knowledge must be allowed to stand with regard to content. There is a growing trend with regard to the demand for animals in both light and heavy porn movies. All animal trainers who have a modicum of decency turn down this sort of work, however, these people get their animals from somewhere I am sure. Mostly the queries come from mainland Europe. I would say it is necessary to address this within the Bill or standards. (PAWSI)
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