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Draft Regulatory Impact Assessment

The majority of the responders who commented on the draft Regulatory Impact Assessment made specific comments about the proposals. In many cases they commented on one or a number of the annexes. Their comments are noted below:

Animal Welfare Options:

Option 1

• No comments were made.

Option 2

• One organisation preferred option 2. It considered that it gave the opportunity for standards to be re-addressed and reviewed on a regular basis. It argued that this would lead to a continuous discussion on animal welfare practice. It also felt that self-regulation could be supported and monitored by the Scottish Executive. (performing animals)
• One responder did not agree that there would be no benefits with the introduction of a voluntary code of practice/self-regulation. (rural)
• It was noted that this option had not been tried in canary clubs. It might have its weaknesses, but it certainly had "no benefits". (pet)

Option 3

• It was considered that the draft Regulatory Impact Assessment did not accurately reflect the cost burdens put on enforcement authorities, though it reflected the benefits of the Bill. Further training and guidance will be required and these costs are not indicated in the Regulatory Impact Assessment. (enforcement)
• The proposed legislation and its proposals will add to the burden of local authorities. The argument that there will be no significant additional costs was not supported. (animal welfare)
• Option 3 was preferred to option 1. (performing animals)
• Regarding paragraph 66, it was suggested that there should not be an expectation that the lead role in incidents concerning companion animals will pass to enforcement authorities detailed in the legislation. There should be expert support and assistance from the Scottish SPCA where appropriate. (enforcement)
• It was anticipated that the Scottish SPCA will make use of the new powers given to enforcement agencies if the police are unavailable or unwilling to attend. This is not reflected in the Regulatory Impact Assessment. (enforcement)
• In the case of paragraph 68, it was considered that the increased costs in the interim period caused by the rise in the number of cases brought to court are not reflected in the Regulatory Impact Assessment. It was suggested that it is hard to gauge these costs as it is difficult to estimate what new work will be generated and how long it will take for the anticipated fall in complaints to happen. It was recommended that there should be consideration given to providing central funding for enforcement authorities to cover these costs and the implementation of this Bill. (enforcement)

General comments

• It was suggested that for each of the regulations, a rigorous regulatory and economic impact assessment should be carried out, which would take into account the financial limitations of charities and other caring organisations to be able to carry out modifications to existing animal accommodation. Specifications should be animal specific and take into account the role of the animal. (canine)
• There was opposition to the change in the license period from 12 months to
  18 months. It was considered that licensed establishments should be inspected annually as a great deal could go wrong during the course of a year, and even more over a longer period. (animal welfare)
• There is no detail provided for setting fees. (enforcement)
• One responder was disappointed that there were no timescales for the introduction of the proposed regulations. (animal welfare)
• The implementation of the secondary legislation and the codes may carry a considerable cost. This should be considered as and when secondary legislation is being made. (equine)
• There should be a risk based inspection scheme based on perpetual licensing. (pet)
• The Scottish SPCA stood by all the comments made in relation to pet fairs, pet dealers, livery yards, tethering of equines, tail docking and mutilation, rearing of game birds for sport shooting, animal sanctuaries, couping of horses and greyhounds in the 2004 consultation. However, it was concerned at the absence of any regulation to licence commercial performing animals. As the Bill is an appropriate place to license commercial performing animals, then this should be undertaken. (animal welfare)
• It was considered that the Bill placed considerable reliance on the veterinary profession delivering an informed opinion on both matters of health and welfare. It was regarded to be important that welfare was seen as an important issue in its own right. Concerns were expressed as to the depth to which animal welfare was taught in veterinary schools and to the practising profession. (livestock)

Other regulations noted in the timetable for phasing in regulations under the Bill

• It was not thought that the introduction of regulations on the couping of horses in the second tranche would be problematic. It was suggested that it may well be that practices were sufficiently well controlled to make legislation unnecessary. (equine)
• There was support for the introduction of legislation to stop the practice of couping. (individual)
• It was stated that abuses of greyhounds were well-documented. (animal welfare) It was considered that greyhound racing should be regulated on the face of the Bill and not simply in secondary legislation. (animal welfare) There was concern that greyhounds were not being dealt with until the second tranche of regulations. (animal welfare) Further, it was recommended that Scottish regulations on greyhounds should as far as possible replicate the legislation for greyhounds in England and Wales. It was noted that conflicting regulations would cause operating difficulties and confusion for the movement of greyhounds for racing, breeding and retirement between these countries. (canine)
• The intention to licence animal sanctuaries was welcomed. (animal welfare) It was suggested that the licensing of these places should cover all animal sanctuaries, including those specialising in captive wild animals. (animal welfare)
• Regulations should be introduced for pet groomers and dog walkers. (pet)
• Legislation which imposes workable standards of welfare for performing animals was welcomed. There was a need to licence animals or the trainer by reference to specific animals. (performing animals) Regulations for performing animals should be fully consulted on. (performing animals)

Consultation with small businesses

• It was suggested that there was no merit in moving to an 18 month licensing system. Instead, there should be a system of perpetual licensing. (pet)

Competition assessment

• A restrictive code of practice in the game-rearing sector could lead to competitive disadvantage for Scotland as compared to other countries. (country sports)

Equity and fairness

• The legalising of pet fairs would place a heavy burden on charities and represent a significant drain on their resources. (animal welfare)

Enforcement

• Paragraph 89 states that current animal welfare legislation is enforced by local authorities, the State Veterinary Service and the police. However, the Scottish SPCA reports more cases under the 1912 Act to the Procurator Fiscal than any other agency. (animal welfare)
• An animal welfare regulatory body, comprising specially trained and appropriately qualified specialists which would be responsible for all the regulatory requirements of new and existing animal welfare legislation, should be established. (animal welfare)
• There was concern at the effectiveness and consistency of enforcement. This was considered to be a matter of crucial importance and considerable urgency if the Bill is to have the impact which its supporters and the Scottish Executive would wish. Ministers must demonstrate that the necessary resources, powers and means of accountability will be available to assist the success of the Bill. (academic)

Annex A: Proposals that the minimum age at which a minor can buy a pet animal be raised from 12 to 16

• No specific comments were made on this part of the draft RIA.

Annex B: Ban on the giving of pets as prizes

• No specific comments were made on this part of the draft RIA.

Annex C: Proposals for offences, penalties, disqualification and deprivation orders

• No specific comments were made on this part of the draft RIA.

Annex D: Regulation of Animal Boarding Establishments

• Welfare at home boarding premises should also be considered and should not be permitted. (pet)
• Inspection should apply to all sizes of boarding businesses. (pet)
• Licence holders should show their competence and also undertake refresher training. (pet)

Annex E: Regulation of riding establishments

• No specific comments were made on this part of the draft RIA.

Annex F: Proposal to licence pet shops

• The proposal was supported. (enforcement, pet)
• The proposal to introduce minimum competence standards for pet vendors was welcomed. (pet)
• It was suggested that model standards should be adopted. (pet)
• Licence holders should undergo refresher training every few years. On this basis, there would be some extra regulatory costs for recent or new pet vending businesses needing to qualify at least one of their staff. The City & Guilds course 7760 in pet store management costs £168 (£148 to trust members). This will cost £50,400 if only 60 of the estimated 360 native pet shop owners hold qualifications. (pet)
• More intensive inspection is necessary if animal welfare standards at pet shops are to be ensured. (animal welfare)

Annex G: proposal that sellers of all animals provide written information to prospective purchasers

• The proposal was welcomed. (pet, canine)
• The provision of a leaflet was considered to have a variable value. The content should be standardised and agreed by an independent body. (pet)
• It was not considered to be feasible to supply specific care information on a species by species basis for any but the most typical pet species. There should be generic care sheets. (pet)
• It was noted that views on husbandry vary and no single set of care sheets should be taken as the universal truth. (pet)
• The Executive should introduce individual codes of practice for different species or information leaflets at the point of sale in consultation with The Kennel Club which has recently introduced an Accredited Breeder Scheme which requires members to provide written information to new owners on the care of puppies. (canine)
• Vendors should be educated on the pets they sell and why they need to discuss the detail of the species with the prospective purchaser. (pet)
• As well as being given by pet shops, advice should be provided to purchasers of pets by other types of animal vendors, as at pet fairs and other types of breeding establishments, and also in veterinary surgeries. (canine)

Annex H: Proposals to licence pet fairs

• Pet fairs should be prohibited rather than being licensed. (animal welfare, individual)
• There was concern that pet fairs or pet markets will be legalised. (animal welfare)
• The welfare risks of pet fairs justify a prohibition on them. Welfare conditions could not be achieved at temporary fairs. (animal welfare)
• A pet show and competitive exhibition of birds should not be classified as a pet fair. (pet)
• The general trade in animals can be better carried out in pet shops than in pet fairs, where it may be difficult to ensure welfare standards. It was suggested that pet fairs appeared to be a cheap way of trading. (pet)
• Strict controls should be applied on the alleged breeding outlets so that larger breeders may not use this as a cheap and easy way to market animals. (pet)
• Local authorities should licence the organisations responsible for organising the event. (pet)

Annex I: Proposal to regulate pet dealers

• The proposal was supported. It was recognised that this would have resource and training implications for local authorities. (enforcement)
• The proposals were welcomed. (animal welfare)
• The term "pet dealers" is a generic one and could cover a deal in any animal. However, the text in the consultation document refers to "dog dealers". (pet)

Annex J: Proposal to licence livery yards

• Self-regulation is not a satisfactory arbitrarily method to cope with licensing. Local authorities should carry out independent inspections. (pet)
• The proposals to licence livery yards was welcomed. It is expected that this licensing system will be put in place under secondary legislation before the end of 2007. (equine)
• Licensing should not impose an unnecessary burden on livery yards, many of whom are already operating on very tight margins. (rural)
• Livery yards that have participated in the voluntary scheme operated by BHS should attract a discounted rate. (rural)
• The licensing of livery yards will have significant resource implications on local authorities and on RCVS/ BVA inspectorate. It is currently difficult for local authorities to obtain the services of an approved riding establishment inspector to inspect riding schools in their areas. This situation will be exacerbated when all the livery yards have also to be inspected. (enforcement)
• The proposal to licence at 18 month intervals is satisfactory. Renewal applications should be received before a licence expires. (animal welfare)
• It is important that an owner cannot negate their responsibilities. (enforcement)
• The time when licensing will come into force will need to be clarified. (equine)
• A licensing system is needed to ensure proper standards of care. (equine)
• There are different types of livery yards and these should be carefully considered when the licensing conditions are being drawn up. (individual)

Annex K: Proposal to issue a code of practice for the tethering of equines

• There is a need to clarify when the code of practice will come into force. (equine)

Annex L: Proposal to ban or restrict the docking of dog's tails

• See also question 4 in Part 2 of the Bill on mutilations.
• A mandatory ban on tail docking would result in many dogs' tails being injured in the field and the concomitant costs to the owner of veterinary treatment to remove either part or all of the tail. (country sports)
• There was concern expressed at the proposal to make exemptions. It was considered that dogs should not be used in unsuitable locations. (animal welfare)

Annex M: Proposal to introduce a statutory code of practice for the rearing of game birds for sport shooting

• There was concern at the statement that "there is generally little concern about the welfare of game birds". (animal welfare, country sports, rural) A number of animal welfare organisations have drawn attention to the serious welfare problems affecting pheasants reared for shooting. (animal welfare) However, one organisation was not aware of any serious concerns over welfare. (country sports)
• The proposal to introduce a code of practice for the rearing of game birds for sport shooting was welcomed. (rural, country sports)
• Relevant organisations should be consulted on the drafting of a code of practice. (animal welfare)
• Voluntary codes of practice work well and should be allowed to continue. (rural)
• The EFRA Select Committee did not support the adoption of the GFA code without further attention being given to certain practices such as beak trimming. (animal welfare)
• The Shoot Assurance Scheme which is being developed by the shooting industry should be developed before the statutory code of practice for rearing game birds is introduced. (rural)
• The consultation document is not clear on whether this code of practice would be a statutory regulation under section 23. (animal welfare) It was considered that there should be binding regulations rather than just a non-binding code. (animal welfare)

Annex N Possible costs for local authorities to enforce animal welfare regulatory provisions

A number of responders did not agree with the resource implication on local authorities. Others commented adversely on this:

• There was an apparent lack of any additional financial resources from Government to support this major initiative. A Regulatory Impact Assessment suggesting no additional funding for the work of local authorities and other enforcement agencies understates and weakens the potential benefits that this legislation could bring to the welfare of animals. It must be effectively enforced and this will require funding from central and local government. (livestock)
• It was considered that if it was implemented properly, many of the provisions will have significant resource implications for local authorities, especially rural ones. (enforcement, also noted by another 2 enforcement). This is especially noted in regard to seizing and caring for animals (with often little hope of recovering costs) and in relation to more pro-active enforcement. (3 enforcement)
• There should be proper resourcing available. (enforcement) It is pointless to improve the regulatory framework unless sufficient resources are made available to ensure that it can be properly policed and enforced. (3 enforcement)
• The extra burdens put on local authorities for licensing requirements may cause problems for them. (enforcement)
• It is not possible to accommodate a significant additional workload without concomitant additional resources. Even the introduction of regulations in two stages will not alleviate the workload. (enforcement - another 2 enforcement noted that no major problems are envisaged with the staged introduction of the regulations)
• If Scottish SPCA inspectors are not to be given authority under the Bill, then significant investment of manpower and expertise will be required for local authorities. (animal welfare)
• It was pointed out that there is currently an expertise shortage in relation to non-commercial animals within local authorities and the police. Therefore, investment will be required for training on issues relating to these animals. (animal welfare)
• The increase in the number of premises that will require licensing under the Bill will itself create additional costs. (animal welfare)
• The passing on of enforcement costs could have a significant impact on businesses, many of which will require to invest in carrying out improvements to their establishments to bring them up to the expected higher standards proposed in the new codes of practice. (enforcement)
• The services provided by the Scottish SPCA are provided at a considerable saving to the public purse. It wishes to maintain its budgetary independence. (animal welfare)

Other comments

• The costs for licensing by local authorities should be fair and just. (pet)
• Further guidance and training is required for all enforcement officers and veterinary surgeons to ensure a consistent approach throughout Scotland. The costs of this training should be provided by the Scottish Executive. (3 enforcement)
• Additional money should be provided if the provisions of the Bill and the revised and new secondary legislation are to be effectively enforced. There should be a clear commitment from the Scottish Executive to ensure full and effective enforcement. (equine)
• Some of the costs of inspection will not be recoverable, especially in the initial stages. Some premises will close rather than apply of a licence and the cost will therefore not be recoverable. (3 enforcement)
• There should be standard enforcement throughout the country. (pet)
• A further Regulatory Impact Assessment will be required as the secondary legislation is developed. The figures which have been stated will need to be revised. (enforcement)

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