The consultation document asked consultees to list any further issues which they felt should be included in proposed legislation. Responders suggested a wide range of issues which they believed should also be considered. These have been grouped together under broad headings:
Live export of horses for human consumption.
All punitive training equipment (including shock collars, freedom fences, pong (pinch) collars, and choke chains).
Electric shock collars for dogs.
Giving of pets as prizes (e.g. goldfish at funfairs).
Advertising of free animals.
Animals given on loan for payment in lieu of housing or keep.
Use of marine animals in novelties.
Cosmetics to enhance the looks of animals.
Showing of animals which have been surgically mutilated (e.g. docked) or bred to have debilitating features.
Selective breeding of farm and domestic animals which causes changes in their physical form and bodily functions which are detrimental to their health and quality of life.
All intensive farming of animals, poultry and fish.
Feeding of ducks and geese for paté-de-fois-gras production.
Plucking feathers from live eider ducks.
Animals and fish for dissection or educational purposes.
The keeping of pet animals on school premises.
Boiling alive of lobsters, crabs and crayfish.
Use of snares, traps and poison. Only human methods should be used when necessary.
Most poisons should be withdrawn from sale.
Barbed hooks and lead weights.
Airguns and crossbows (as these can cause harm to animals).
Fireworks (as these can cause harm to animals).
The keeping of animals in zoos should be phased out.
Importation and sale of goods produced from animal fur.
The following establishments, activities or animals should be licensed or registered
All enterprises selling or exchanging animals for commercial reasons.
All individuals and companies involved in the rearing of animals.
Any business which seeks to make a profit out of the breeding, sale, supply or provision of other services involving companion animals should be regulated in order to ensure high standards of welfare.
Animal performance and entertainment facilities - including circuses, circus winter quarters, all other holding facilities for animals used in the entertainment industry.
Animal boarding facilities.
Animal detention facilities.
Animal holding areas.
Animal quarantine facilities.
Animal supply establishments.
Breeding establishments.
Rehabilitation facilities.
Knackering facilities.
Slaughter houses.
Open farms.
Show farms.
Agricultural, pet, horse and breed shows (events and venues).
Falconry and bird of prey establishments.
Grooming establishments.
Guard dog kennels.
All canine professionals, including dog walkers, pet sitters, groomers and trainers, pet psychologists.
Animal trainers, animal behaviourists and groomers.
Pet keepers.
Farmers (as other commercial activities are licensed).
All livestock farmers, hauliers, markets and abattoirs should be fully licensed and regularly inspected.
Donkey ride enterprises.
Horse racing.
Transportation, marketing and slaughter of livestock.
All animals.
All dogs.
Guard dogs.
Licensing schemes should ensure animal welfare.
Licences should embody the modern concept of animal welfare to promote contemporary standards.
Licences should clearly define those who the law may hold to account for their treatment of animals.
Law should impose a significantly greater burden of responsibility on those who assume a duty of care for an animal, compared to those who do not.
Need for the licensing system to be administered by vets and fully trained staff responsible to a Minister for Animal Welfare.
Need for adequate resources for local authorities.
Licensing procedures should be set out.
Need to have common threads running through the updated legislation in relation to licensing.
Need to outline the character of licensing regimes including power of entry, frequency of inspection, unannounced inspection, character of inspector, training of inspector, appointment of register, establishment of a data base of licensed establishments.
Need for model standards and licence conditions.
Need for uniform inspection and benchmarked standards.
Each premises under a licensing scheme must be inspected prior to the grant of the initial licence and at least once a year thereafter.
A veterinary inspector undertaking inspection should be completely independent of the applicant or licence holder.
Need for revision of powers of entry.
Need for an enforcement authority to be able to enter unlicensed premises which it has reason to believe are being used for either purpose.
Need to extend the powers given to a Veterinary Inspector of the Minister in Section 6 of the Agriculture (Miscellaneous Provisions) Act 1968 to enter land to ascertain where an offence has been committed under that legislation to local authority inspectors.
Powers of entry by the police investigating alleged suffering should be sufficiently strong as to properly investigate allegations made.
Enforcement authorities should be permitted to take pre-emptive action to prevent suffering.
Enforcement authorities should wherever possible, be equipped with administrative powers which they can use to intervene at an early stage and therefore secure an early improvement in the situation.
Need to extend the powers given to a veterinary inspector in Regulation 11 of the Welfare of Farmed Animals (Scotland) Regulations 2000 allowing them to serve a notice on a person requiring them to take action to prevent an animal suffering to local authorities.
Legislation should include an appropriate appeal procedure in relation to decisions made and in relation to licensing decisions (e.g. Civic Government (Scotland) Act 1982).
Licence fees should be centrally agreed.
Licence fees could be agreed on a scale as is done under the Licensing (Scotland) Act 1976 or in relation to paragraph 15 of Schedule 1 to the Civic Government (Scotland) Act 1982.
Local authorities should be given new powers to investigate cases of reported animal cruelty and neglect.
Scottish SPCA inspectors should be granted additional limited powers such as the right to apply for the proposed Animal Care Orders where animals are at risk of suffering.
Licensing authorities should be provided with sufficiently wide discretionary powers to impose appropriate conditions, to refuse a licence on the grounds of animal welfare, to cancel a licence, for those responsible for the care and treatment of animals to have sufficient knowledge and understanding of the relevant species and are proficient in providing a high quality of care, inspection prior to the annual review of the licence, and licensing authorities should be able to enter unlicensed premises.
It is necessary to provide sufficient and appropriate powers to enable the treatment and care of animals to be effectively monitored so as to identify problems and seek improvements; to promote best practice and thereby raise welfare standards further; and, where the need arises, to obtain the evidence necessary to pursue formal action against those who fail to meet their legal responsibilities.
Legislation should be adequately enforced.
Need to identify best practice and ensure that it is extensively and uniformly implemented.
Should be a uniform approach to all enforcement bodies throughout Scotland.
There should be the potential for closer relations between local authorities to deal with wider issues and share resources to deal with specific issues.
Local authorities should organise welfare enforcement on a joint basis.
There should be clear and stringent enforcement.
Responsibility regarding animal welfare should be clarified and streamlined.
Need to set out the rules by which the Scottish SPCA and other bodies practice the care and treatment of all animals.
Licensing systems should not be policed by any organisation involved in running any centres licensed under the system.
Need to ensure that those carrying out inspections are properly equipped for the task.
There should be adequate resourcing for enforcement.
Essential that those whom statute charges with responsibility for enforcement are accountable for the way they carry out their duties and exercise their powers and are seen to be independent of those whose activities they oversee.
Local authorities should be subject to an objective and informed assessment of how they carry out their functions under the legislation.
Need to provide enforcers and keepers of animals with clear guidance and enforcement of good animal management practice.
The role of animal welfare enforcement should have specific professional status, with all relevant officers being suitably trained and qualified.
There should be proper training of enforcement officers.
Need for specialist training and assessment by a suitable body or individual.
Enforcers should be able to demonstrate an up-to-date knowledge and understanding of relevant legislation, the nature and extent of the legal powers they are exercising, and the developing science of animal welfare.
There should be formal means of intervening to protect animals which does not rely on initiating prosecutions.
Justice system should reflect the revised intentions of the proposals.
Need for stronger penalties for animal cruelty, abandonment and neglect.
Existing maximum penalties should be made available for animal welfare offences.
Penalties where cruelty is caused should be consolidated.
Court should be placed under an express duty to give welfare paramount consideration.
Need to improve current court judgements including those to ban the keeping of animals after conviction.
Greater use should be made of the power to ban an individual from having custody of animals.
Need to look at the power to ban a person from keeping animals in any new Act and to consider what constitutes 'having custody of an animal'.
Should be a lifetime ban and longer prison sentences for those convicted of animal cruelty, abandonment and neglect.
Scope of the disqualification order should be extended to include the possibility of disqualification of a person from being the keeper of an animal and courts should have power to make a disqualification order against the occupier of the premises on which an offence of cruelty had taken place.
Need to revise the provisions relating to the breach of a disqualification order to include the immediate and permanent seizure of any animal found to be in the custody of a person which is subject to a disqualification order.
Should be assumed that when a person is convicted of an offence of cruelty, the court will grant one or both orders unless it is satisfied that it is in the best interests of any animal which would be affected by such orders not to do so.
Need for statutory improvement notices. These should be extended in relation to all cruelty and welfare legislation.
A number of comments were received from responders who wished to see changes to the Deer (Scotland) Act 1996 which would make improvements to the welfare of deer. A separate consultation on the seasons has since been issued by the Deer Commission for Scotland and responses to the animal welfare consultation on deer issues have been forwarded to the Deer Commission who will take them into consideration.