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A Consultation Document issued by the Rural Directorate of the Scottish Executive

September 2007

INTRODUCTION

1. During the Parliamentary scrutiny of what is now the Animal Health and Welfare (Scotland) Act 2006 an undertaking was given, following a debate on whether to include a provision banning the use of electric collars in the Bill, to consult on the use of electronic training devices. This consultation is issued in fulfilment of that undertaking.

2. Sections 26 and 27 of the Animal Health and Welfare (Scotland) Act 2006 give Scottish Ministers the power to make regulations to ensure the welfare of animals. Any regulation made to ban electric shock or static pulse collars would be made under section 26. It would be possible to regulate the use of these collars by permitting their use only under licence or registration. This could be done by requiring users or sellers of these collars to be licensed or registered under section 27.

3. The Scottish Executive is aware that there are strong views for and against the use of electronic training aids, with a number of animal welfare organisations believing that these devices are cruel and unnecessary. However, others believe that electric shock collars can have an important role to play, particularly where an animal has proved unresponsive to other training techniques. The Electronic Collar Manufacturers Association believe that using these collars on some dogs has saved some of their lives and has given them a far better quality of life.

4. Doubts have been expressed to the Scottish Executive about whether it is appropriate to use these devices routinely for obedience training and the Kennel Club and the Scottish SPCA are concerned about the potential for misuse of these devices if they continue to be freely available to the general public. Neither the British Veterinary Association nor the British Small Animal Veterinary Association support the use of such devices. The Executive is also aware that following a review of police dog training methods in 2000 the police removed electric collars from the list of approved equipment. It is understood that the British army does not and has never used electric collars to train dogs.

5. Nevertheless, before any decision is made on whether to ban the use and/or sale of electric shock or static pulse collars, we wish to consult widely and seek views from organisation and individuals who both oppose and support the use of such devices. It is important that we hear and consider both sides of the argument. A decision on whether to bring forward regulations to ban their use, sale and/or possession will be made in the light of the responses to this consultation.

6. This consultation paper seeks views on whether any controls should be placed on electric shock or static pulse collars, whether their use, sale, distribution and possession should be banned, restricted or whether they should continue to be allowed to be freely available. We are not simply seeking your opinion but we are seeking reasons why you have reached that view and the evidence which has led you to that conclusion.

7. Comments on this paper should be sent by 30 ^th November 2007 to:

Scott McDowell

Tel. 0131 244 6182
Email: animal.health@scotland.gsi.gov.uk

8. The organisations that have been consulted are listed in the Annex.

9. If you are aware of other individuals, businesses and organisations who you think should be consulted, please feel free to copy this consultation to them, or inform us of the omission.

BACKGROUND

10. There are a number of different electronic training aids and, whilst mainly used on dogs, they are also designed for use on cats. Some collars are designed to pass an electric current between two terminals which make contact with the animal's neck (a "shock" or "static pulse" collar). These collars will transmit an electric current or other electric impulse through the skin of the animal wearing it. There are also other training aids which are operated electronically but do not pass a current to the animal. These collars operate by emitting a noise or ultrasonic sound; or a spray of water or citronella.

11. The principle is the same for these devices; the electric shock (or static pulse), noise, or ultrasound is unpleasant or irritating and is activated when the animal engages in unwanted behaviour. The devices are designed so that the animal associates the action with the unpleasant sensation and, in time, the unwanted behaviour stops.

12. The devices fall into two main categories: the first, designed for training purposes or to control undesirable behaviour (such as chasing livestock, jumping on furniture or excessive barking); and the second, designed to contain an animal within a certain area, either within the home or outside.

13. Sound emitting, and water and citronella spray collars are adverse training devices but they do not transmit an electric shock or static pulse through the skin of the animal. Although both types of collar are operated electronically the Scottish Executive believes that there are significant differences as these sonic or spray devices do not use electricity to "shock" the animal.

Question 1: Should sonic or spray collars be treated differently to devices which transmit an electric shock or static pulse? Please state your reasons.

DEFINITION

14. If the Executive were to introduce legislation to prohibit or control the sale or use of certain electronic training aids we would propose to cover the following items:

Any collar, mat, lead or other device used or designed or intended to be used to train or control an animal by means of transmission of an electric current or other electric impulse which causes shock, pain or other stimulus to an animal wearing, or otherwise in contact with the device. We do not intend any prohibition or control to apply to electric boundary fences used to contain livestock or horses.

Question 2: Do you agree with what we intend to cover? If not, what should it be covered (and what should not be covered) and why?

TYPES OF DEVICES

15. There are a number of electronic training devices which are used to modify an animal's behaviour.

• Anti-bark collar. This is used to train a dog not to bark. The collars are vibration or sound sensitive (sometimes both) and activated when the dog wearing it barks. When activated, the collar emits an electric shock or static pulse to the dog. The level of current and thus the intensity of the shock or pulse can be varied. Sound and spray collars are also available and operate in a similar way.
• Remote control collars. These collars are used to control any unwanted behaviour and the "shock" collars deliver an electric shock or static pulse via an owner-operated remote control. Again the intensity of the shock or pulse can be varied depending on the model. The collar is similar to the anti-bark collar but the remote control has two controls designed to give a short sharp shock or a constant shock of up to 10 - 12 seconds. Again sound and spray collars are available and operate in a similar way.
• Electric shock training leads. These are used to prevent a dog from pulling on the lead when walking. They operate via a sensor that detects the pressure being exerted on the lead and emit an electric shock or static pulse when the dog exerts more pressure than is considered normal for its size. The level of the electric shock or static pulse increases in line with the pressure the dog puts on the lead.
• Electric "stay" mats (wireless crates). These are designed to keep a dog in one place at home. The mat detects a dog's weight and emits electric shocks to the dog via the collar when it leaves the mat and is still within a 6 foot radius of the mat, until it returns. The intensity of the shock can be set at different levels. The collar emits a beeping sound before a shock is administered.
• Electric "scat" mats. Designed for use within the home to train a dog (or cat) to avoid certain areas where the mat is placed, such as furniture or work surfaces. "Scat" mats emit an electric shock when a dog or cat makes contact with it in two or more places at one time, i.e. when it has 2 or more paws on the mat.
• Electric boundary or "freedom" fence. Designed to keep a dog (or cat) within certain boundaries, e.g. from running out of a garden onto a road. Can be used indoors to deter pets from entering certain rooms. A boundary wire which carries a radio signal is placed in or on the ground or on an existing fence which the pet can jump over or dig under. The wire transmits a continuous signal which is received by the electronic collar. When the animal approaches the wire it triggers a pre set electric shock, sometimes preceded by a warning sound.

AVAILABILITY

16. Electronic training aids can be purchased from mail order companies and over the internet, both from UK companies and from abroad. Most, but not all, come with instruction manuals. A variety of electronic training aids are sold by pet shops and other retail outlets.

17. We believe that the sale of these products to pet owners and trainers in the UK has increased in recent years and they are being sold by a growing number of retailers. Costs vary enormously, a "scat mat" can cost between £25 - £50, an anti-bark collar can be bought for £25, a remote control collar can be bought for less than £100 but some can cost more that twice that, and a "freedom fence" containment system may cost around £150 plus fitting. As a general rule the more expensive devices are more sophisticated, the remote collars will operate over larger distances and the collars will have a greater range of "shock" settings.

THE CASE FOR

18. Some manufactures believe that electronic training aids have saved thousands of animal lives as animals have been successfully trained not to chase livestock or game, attack other pets or people, eat dangerous material, or to chase cars. Collars have been successfully used to cure excessive barking. In many cases electronic training collars have been used as a training aid of last resort and only used after other training methods have been tried and failed. We have been shown many testimonials from pet owners and animal trainers who believe that due to major behavioural problems, electronic training collars have saved their pets from persistent straying, causing road traffic accidents, spending time in an animal shelter, being rehomed or even being destroyed.

19. Where a boundary fence system is in operation the animals very quickly learn to respond to the audio warning and, after the first few static pulses, the system rarely, if ever, needs to be activated. These "freedom fences" can be used where it is not practical to place a traditional fence or where the cat or dog can climb over or dig under an existing fence. Testimonials from dog owners speak of animals looking forward to having their collar put on as they realise that this means that they will be given the freedom of the garden. Dogs and cats are prevented from wandering, particularly onto roads or into other gardens. This not only protects the animals, but also helps prevent road traffic accidents and damage to other gardens and plants.

20. Manufacturers state that the electric shock or static pulse from the collar may be uncomfortable and startling but is not painful or harmful. In many cases the collar only needs to be activated a couple of times during training until the desired behaviour is learned.

21. Manufacturers maintain that the "electric shock" or "static pulse" training aids are a safe, humane and effective training system for dogs and, sometimes, cats. The effect is similar to a static "shock" occasionally received by touching a filling cabinet or a door handle. A very small amount of electrical energy is used and the effect is to startle the animal not to cause it pain.

22. The majority of devices issue an audible or sensory warning which alerts the animal and the shock or static pulse will follow only if the behaviour is not modified.

23. Electronic training aid products are fitted with automatic time-out and fail safe features. These training aids automatically "time-out" so that the shock or pulse cannot continue. Bark control is 15 barks, boundary fence receiver is 20 seconds and remote control collars have a maximum setting of 10 seconds. The products cannot be re-activated for several minutes or until the pet returns in the case of boundary fence systems. Electronic training aid equipment is designed to shut down in the case of malfunction.

24. The Electronic Collar Manufacturers Association are aware that their products could be misused due to ignorance or deliberately abused and the Association require that their members issue clear guidance on how the products should be used correctly.

THE CASE AGAINST

25. A number of organisations believe that electric shock or static pulse collars should be prohibited. They believe that these devices are painful and cause the animal pain and distress. In some cases the collars affect confidence and this can have an adverse effect on behaviour. Those who oppose their use maintain that the collars would not be effective unless it was painful.

26. This type of "negative" training (being "punished" for unwanted behaviour) is far less effective than "positive" training (being "rewarded" for correct behaviour). A dog has a strong natural desire to cooperate and to seek praise and these collars do not work on that principle. The collars fail to address the cause of the behaviour and only deal with the behaviour itself. This can leave the cause of the barking or aggression suppressed and may cause further behaviour problems in the future.

27. There is some concern that electric training devices alter behaviour due to fear of further punishment and this can lead to further behaviour problems. Dogs may not know what caused the shock or pulse (punishment) and may associate it with something in its immediate environment rather than its behaviour at that time. This can explain the reported cases of dogs attacking other dogs, their owner or another animal in the vicinity at the time of the shock.

28. A number of animal behaviourists believe that training methods which are based on rewards and an understanding of animal behaviour are more likely to be effective. These positive tools and training methods can train dogs quickly and reliably, without fear, pain or potential damage to the relationship between dog and its handler.

29. Advocates for Animals produced a report in May 2006 which quotes research from the University of Bristol (E. Blackwell and R Casey, "The Use of Shock Collars and their Impact on the Welfare of Dogs: A review of the current literature") which states that because of the high intensity of the shocks, shock collars have been known to cause wounds and burns on the necks of dogs, especially in wet weather. Injury from the collar is particularly likely to be ongoing and unnoticed when the collar is used as an anti-bark device or as a boundary fence, since the dog wears the collar for a long period of time.

30. It is possible for animals to "escape" from "freedom fence" containment systems and then be unable to return, and there can be problems with other aggressive dogs "entering their territory", but the collar wearing dog is unable to escape without being "shocked".

31. Advocates for Animals quote research from the University of Bristol which claims that anti-bark devices have been activated by noises in the environment.

THE ANIMAL HEALTH AND WELFARE (SCOTLAND) ACT 2006

32. Section 19 of the Animal Health and Welfare (Scotland) Act 2006 makes it an offence to cause a protected animal unnecessary suffering. A "protected animal" is defined in section 17 and in these circumstances would normally relate to an animal under the control of man. Section 48 of the Act makes it clear that "suffering" includes mental as well as physical suffering. If it could be proven that activating, or causing an electric shock or static pulse device to be activated on a dog or cat caused it to suffer unnecessarily then an offence would have been committed.

33. However, if the court were to decide, for example, that the use of an electric shock or static pulse device was for a legitimate purpose then no offence would have been committed. Legitimate purposes include; where the device was used for the purpose of benefiting the animal or for the purpose of protecting a person, property or other animal.

34. Section 24 of the Act makes it an offence for a person to fail to meet the needs of an animal and these needs include, its need to be protected from suffering, injury and disease. However, a court would have regard to whether the circumstances included any lawful activity undertaken in relation to the animal.

Question 3: Do you believe that the provision prohibiting "unnecessary suffering" in section 19 and the need to protect an animal from suffering and injury in section 24 of the Animal Health and Welfare (Scotland) Act 2006 are sufficient to protect animals who wear electric shock or static pulse collars or come into contact with "scat mats"? If not, why not?

A BAN ON ELECTRIC SHOCK OR STATIC PULSE DEVICES.

35. If it can be shown that a ban on these devices would ensure the welfare of animals it would be possible for Scottish Ministers to make regulations under section 26 of the Animal Health and Welfare (Scotland) Act 2006. The regulation could make it an offence to use one of these devices on an animal, to sell or distribute the devices, or to be in possession (without lawful authority or reasonable excuse) of a device.

Question 4: Should any of the devices listed in paragraph 16 be banned? If so, which ones and why? What evidence do you have to support a ban? If you believe that any of the devices should not be banned, why have you reached that decision and what evidence do you have to show that these devices do not adversely affect the welfare of the animals?

Question 5: If there was to be a ban, what are your views on whether the ban should be limited to a prohibition on the use of the devices or whether the ban should extend to the sale and distribution of the devices?

Question 6: Do you believe that a ban should extend to the possession of these devices? If so, for what reasons.

REGULATING THE SALE OR USE OF ELECTRIC SHOCK OR STATIC PULSE DEVICES

36. In order to ensure the welfare of animals it is possible for Scottish Ministers to make regulations under section 27 of the Animal Health and Welfare (Scotland) Act 2006 to require those who sell, distribute or use these devices on protected animals to be licensed. It is normal for animal welfare licences to be issued by local authorities, but that may not be appropriate in this case. Licence conditions are usually set before a licence is issued, for example, if it were decided to make it an offence to use one of these devices without a licence, a licence condition could be that the user held a qualification in animal training or behaviour.

Question 7. Should any of the devices listed in paragraph 16 require a licence either by the operator or the seller? If so, which ones and why? What evidence do you have to support that such a restriction is required?

Question 8. What criteria or conditions should be placed on the issue of a licence? Explain why you think that this is necessary.

Question 9. Do you have any views on which body would be best placed to issue licences.

REGULATORY IMPACT ASSESSMENT

37. If legislation is introduced to ban or regulate the sale or use of electric shock or static pulse collars there would be cost implications for those with commercial interests in these devices and possibly for some animal trainers. If the Executive decides to issue a further consultation paper on specific proposals to ban or regulate the sale or use of these devices it will be necessary for a Regulatory Impact Assessment ( RIA) to be prepared. In order to prepare a meaningful document it will be necessary for those who think that their business may be affected to provide as many details as possible of that affect. This should include detailing the financial consequences due to loss of business if the products were banned or if their sale and use were restricted to licence holders only.

Question 10. What affect would a ban on the use and sale of electric shock or static pulse collars in Scotland have on your business or organisation? Please detail the affect for each of the training devices listed in paragraph 16.

Question 11. What affect would restricting the sale of electric shock or static pulse collars to licence holders have on your business or organisation? Please detail the affect for each of the training devices listed in paragraph 16.

CONCLUSION

38. This consultation paper is being sent to veterinary surgeons and their representative bodies, animal welfare organisations, dog and cat organisations, representatives of local authorities and the police. It is also being sent to bodies, organisations and companies involved in the manufacture, sale and distribution of electronic training aids. A list of the organisations being consulted is given in the Annex. However, we would welcome comments from anyone and believe that it is essential that as many organisations and companies as possible are given an opportunity to respond. If there is an organisation or interest group not included in the annex that you think should be given the opportunity to comment then please make them aware of this paper.

39. The comments we receive on this consultation will be analysed and assessed. Subsequently Scottish Ministers will decide on how to proceed and your comments will assist the Scottish Executive prepare and draft legislation, should this prove necessary, which would be issued for a further more detailed consultation.

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