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Listen
Consultation Paper and Draft Regulatory Impact
Assessment
Issued by the Scottish Executive Environment and Rural
Affairs Department
May 2005
INTRODUCTION
1. The Animal Health and Welfare Strategy for Great
Britain sets out a vision for raising animal health and
welfare standards to the benefit of animals, animal keepers
and society as a whole. In particular, it sees the raising
of standards being taken forward as a partnership between
all stakeholders - Government, the veterinary profession,
the livestock sector, other animal keepers and animal
welfare groups. The development of the Animal Health and
Welfare (Scotland) Bill reflects a partnership between
stakeholders who have been involved in earlier discussions
on these policies.
2. The vision states that:
- Animals in Great Britain kept for food, farming,
sport, companionship, entertainment and in zoos are
healthy and treated humanely; and
- All disease emergencies are dealt with swiftly and
effectively using an agreed approach.
3. The Strategy sets out a series of principles which
will be adopted across Great Britain. Implementation in
Scotland is being supported by an Advisory Group whose role
is to ensure that implementation is specific to Scottish
needs and priorities.
4. The Animal Health and Welfare (Scotland) Bill
represents an important way in which the vision will be
realised in Scotland. Legislative proposals outlined in the
Bill aim to:
- Enhance the ability to respond to exotic (foreign)
disease outbreaks;
- Minimise the risk of disease spread;
- Introduce a duty of care on keeping animals;
and
- Allow animals either suffering or in danger of
suffering to be seized.
Background
5. These proposals build on earlier consultations on our
policy intentions. In 2003 we consulted on animal health
proposals which would have the effect of amending the
Animal Health Act 1981 which currently provides the legal
base for our response to exotic disease outbreaks. Such
diseases can have significant implications for the
livestock sector and wider society. In addition to animal
health problems, exotic disease can have an impact on
public health. Thus it is essential to minimise their
impact in Scotland.
6. The basis of these proposals lie in experiences and
lessons drawn from the 2001 Foot and Mouth Disease
outbreak. The proposals also take into account developments
in scientific knowledge, e.g. Transmissible Spongiform
Encephalothopies (
TSEs) were unknown when the 1981 Act
entered the statute book.
7. Some of the proposals in the Bill would apply on a
permanent basis but most would apply
only during exotic disease outbreaks. However,
their use would not necessarily be automatic but would
enhance the flexibility of our response to the seriousness
of such outbreaks and would be informed by veterinary and
other advice.
8. The welfare proposals represent a more substantive
change to the existing legislation, updating and
consolidating the legal base which in places dates back to
the early 20th Century. Their effect is to modernise,
strengthen and improve the law on protecting domestic and
captive animals. For the first time it would have the
effect of extending the duty of care, which presently
exists for farmed livestock, to all captive and managed
animals. This is a significant move forward which was
strongly supported in the substantial consultation exercise
conducted last year.
Consultation
9. In light of the earlier consultations our proposals
have been refined and further developed. The draft Bill has
been produced to ensure that the way in which the
legislation is framed is workable and relevant to achieving
our policy objectives of raising animal health and welfare
standards in Scotland. This document explains the purpose
of the legislative proposals and their intended outcomes.
In a number of places they seek specific comments on how
the Bill has been framed on which views would be
appreciated.
Consultation Arrangements and Access to
Responses
10. We are inviting written responses to this
Consultation Paper and Draft Regulatory Impact Assessment
at
Annex A by
4 July 2005 and would be grateful if you
would clearly indicate in your response which question or
parts of the Paper you are responding to. This would aid
our analysis of the responses received. Please remember to
return your Respondee Information Form along with your
response. Please send your response to:
11. The consultation, and all other Scottish Executive
consultation papers, can be viewed online at:
http://www.scotland.gov.uk/consulations
12. You can telephone Freephone 0800 77 1234 to find out
the location of your nearest public internet access point.
We will make all responses available to the public in the
Scottish Executive library unless confidentially has been
requested. All responses not marked "Confidential" will be
checked for any potential defamatory material before being
logged in the library.
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