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ANALYSIS OF RESPONSES TO THE CONSULTATION DOCUMENT 'PROPOSALS TO REVISE EXISTING ANIMAL WELFARE LEGISLATION'
(16) Animal sanctuaries
Paragraph 42 of the consultation document stated: Animal sanctuaries are not subject to any regulation and most are run as independent organisations or charities by people who have the welfare interests of the animals as the overall objective. However, there have been cases, despite the best of intentions, where the facilities for the animals have fallen short of acceptable welfare standards. In some cases animals have been found to be suffering from severe neglect. We think that there is considerable support for the licensing of such establishments. Do you agree?
Overview
91 responses were received on this subject. Responders included 14 sanctuaries and rescue organisations; 13 canine organisations; 4 feline organisations; 17 local authorities and their local authority organisation, LACORS; one police force and its police organisation, ACPOS; 19 individuals also responded.
Background: activities undertaken by sanctuaries
A number of responders noted that a range of activities, undertaken by a variety of types of groups, were covered by the term 'sanctuary'. The Scottish SPCA noted that 'there are many different types of shelters caring for lost, stray, injured, sick and abused animals in Scotland. Local authorities run some dog kennels (which may also take in stray cats) but most other animal centres are run by charities'. Types of premises included sanctuaries, shelters, rescue and re-homing centres and rehabilitation centres:
A 'sanctuary' is a facility that rescues and provides shelter and care for animals that have been abused, injured, abandoned or are otherwise in need, where the welfare of each individual animal shall be the primary consideration in all sanctuary actions. (Born Free Foundation) It usually gives an animal a permanent home for the rest of its life. (Cat Action Trust) It can act as a charity, or be funded by charities. (BASC Scotland) The term includes 'commercial' animal sanctuaries open to the public as tourist attractions such as marine life and falconry centres. (Animal Concern)
A 'shelter' gives an animal temporary shelter with a good, responsible home with a knowledge of animal welfare can be found for it. (Cat Action Trust 1977)
'Rescue and re-homing centres'. There are numerous and varied reasons for rescuing or re-homing animals. These may include a situation where an owner has become ill and may no longer be able to exercise or care for the dog properly or a situation where a person goes into sheltered accommodation or a care home. (Pets as Therapy) This facility can seek financial support from the public. (2 individuals) Some organisations have a network of foster carers who rescue and look after the animals in their homes. (Cats Protection) Most dog breed clubs organise a rescue or re-homing scheme, where dogs of a breed are re-homed. (The Bearded Collie Club of Scotland)
'Rehabilitation centres'. (Animal Concern)
'Wildlife rescue centres'. (Scottish SPCA)
A number of these premises were run by organisations that have a Great Britain-wide jurisdiction. These included The Dogs Trust, Cats Protection, and The ILPH. The Scottish SPCA has a Scotland wide network of premises.
Responders believed that sanctuaries played an important role in animal welfare and considered that their role and place should be safeguarded. In particular:
As there is nowhere else for these animals to go without sanctuaries, the situation could be far worse. (individual)
Many animals would have a shorter and sadder life if sanctuaries did not exist. (individual)
Many of the people who run those establishments usually do so on an entirely voluntary basis and do so purely through their concern for the welfare of the animals. If these rescue centres did not exist, there would be considerably more animal cruelty in society. (CARROT)
The goal is to improve the quality of sanctuaries not to remove them as a safety net for vulnerable animals. (Avon (Lanarkshire) Dog Agility Club)
Any regulation would result in the closure of significant numbers of sanctuaries as a result of increased bureaucracy and cost. (Dogs Trust)
Responses to the proposals
Responders had a number of viewpoints on the proposal to license animal sanctuaries. These were: (1) they agreed that the sanctuaries should be licensed, (2) they should have some form of regulation, and (3) they should not have controls placed on them. Each viewpoint will be discussed in turn:
(1) Agreement that sanctuaries should be licensed
Responders used the term 'sanctuary' in general and did not discuss any specific activities:
(2) Some control or regulation should be placed on sanctuaries
A small number of responders also agreed that some form of control should be placed on them:
4 organisations agreed that they should be regulated. (Kirkwall Dog Training Club, Scottish Kennel Club, South Ayrshire Council, CARROT)
2 individuals agreed that they should be regulated.
1 organisation agreed that they should be controlled. (Midlothian Council)
1 organisation agreed that they should be monitored. (individual)
1 individual agreed that they should be registered.
(3) Controls should not be placed on sanctuaries
A small number of responders did not believe that controls should be placed on sanctuaries:
4 organisations disagreed that licensing should be introduced. (Minches Hovawarts, Perthshire Council, Scottish Utility Breeds Club, Scotlean Pigs).
The responders who agreed that sanctuaries should be licensed or have controls placed on them, included the main stakeholders involved in working with rescue, rehoming, and the rehabilitation of animals. They included 14 local authorities, all the sanctuaries and rescue organisations which responded to this consultation question, including the Scottish SPCA which has 13 animal welfare centres throughout Scotland and is the only organisation that caters for all species of animals. Some of the responders openly acknowledged their support for the proposal. CARROT considered that it was willing to be licensed. An individual also supported this view, and pointed out that a 'well run organisation should be willing to submit themselves for such inspection'. CARROT also believed that if a licensing system was not introduced, then regular inspections should be undertaken.
The need for sanctuaries to be licensed
A large number of responders simply agreed that sanctuaries should be licensed or controlled and did not note the reasons for their decisions. Others gave reasons for them, suggesting the need to improve general welfare principles at the centres and concern at their running and organisation:
Anyone can start an animal sanctuary: there is no need to register and no specific legislation governing establishments. There is no register of sanctuaries, and it is impossible to tell how many shelters are run by individuals or very small local groups, and what standards they offer. (Scottish SPCA)
There are far too many well meaning people who take in animals without sufficient knowledge or funds to do the job properly. (North Lanarkshire Council, Stirling Council, Scottish SPCA, Mossburn Animal Sanctuary, Union of Country Sports Workers, individual)
Premises can have difficulties meeting good standards because of financial problems. (City of Edinburgh Council)
There is general support for this. (Dogs Trust)
To ensure that they have the same standards and conditions as other premises. (West Lothian Council)
To ensure equal standards for these facilities. (Scottish Equestrian Association)
To ensure that they have acceptable standards. (RCVS, The Bearded Collie Club of Scotland, Born Free Foundation, West Lothian Rights and Veggies, Union of Country Sports Workers)
To improve the quality of the standards and ensure they are an acceptable standard. (Falkirk Council, Avon (Lanarkshire) Dog Agility Club)
Would bring some rigour to the proliferation of animal sanctuaries and may prevent owners from over-stocking which in turn may increase the potential for animal suffering. (City of Edinburgh Council, individual)
Would improve animal welfare at these establishments. (individual) 'Some of the worst cases of animal neglect have been discovered in these institutions'. (individual)
To protect the animals in the sanctuaries and ensure that they are cared for properly and protected from neglect and suffering. (BVA Scottish Branch, Greyhound Action Scotland, The Captive Animals' Protection Society, individual)
Would ensure regular inspections, suitable food, drink, bedding, exercise and monitoring, accurate record-keeping and prevention of disease. (Scottish SPCA)
Could address problems of the humane destruction of animals. (LACORS, British Horse Society)
Institutions operating in the capacity of an animal sanctuary which often receive charitable donations should be held publicly accountable to ensure that such monies are used to care appropriately for animals. (Perth and Kinross Council, Scottish Countryside Alliance)
As many of these organisations operate under charitable status, it will give the public the security of knowing that they are supporting a well-run sanctuary. (individual)
There is not satisfactory legislation available to deal with complaints. The only legislative outcome has been through public health legislation. (South Ayrshire Council)
Reasons why sanctuaries should not be licensed
As already noted, a number of responders did not agree that sanctuaries should be licensed. They believed that current arrangements were satisfactory or that licensing would be detrimental to their current activities, including that of breed rescue:
If there is a problem a warning visit by a vet or Scottish SPCA should cure this. If it persists, prosecute. (Minches Hovawarts)
Current laws should prevent any animal suffering just as quickly as any licensing would achieve. (Scotlean Pigs)
It would not be beneficial in the case of breed rescue. Often a breed member will look after a dog which has become needful of re-homing until a suitable new home is found by a breed society. Licensing would have an adverse affect on this. (The Scottish Utility Breeds Club, Perthshire Canine Club)
The implementation of a licensing regime
Responders considered the ways in which a licensing scheme could be developed. They viewed this in relation to the current arrangements for a range of activities that were already licensed:
Sanctuaries require to be licensed along with livery yards and the existing riding schools licensing. (Scottish Equestrian Association)
They should be made subject to a similar regime to that for animal boarding establishments under the Act of 1963. (Pets as Therapy, RCVS, individual)
All commercial and public premises where animals are kept for any length of time should be licensed by the same authority and in the same way. (Munlochy Animal Aid)
Licensing must be implemented along with a Code of Practice. (The Home of Rest for Horses, East Lothian Council, ACPOS, individual)
Licence conditions
Responders suggested a number of conditions that should be included in the licence. They usually noted a number of conditions rather than a comprehensive list:
The Animal Sanctuaries (Licensing) Bill introduced and subsequently withdrawn by Ian Cawsey MP in the 2001-02 session of the Westminster Parliament should be adopted in principle. (CAWC)
The definition of animal sanctuary as used in the Animal Sanctuaries (Licensing) Bill should be adopted. This is for any premises at which ten or more animals are normally kept for the purpose of protection, rehabilitation, rest or re-homing. (Scottish Countryside Alliance)
The licensing system should be appropriately placed with local authorities which already have the remit for issuing other types of licenses. (Scottish Badgers)
The licensing system should not be policed by any organisation involved in running any centres licensed under this system. (Animal Concern)
The licensing system should be administered by vets and other trained staff responsible to a Minister for Animal Welfare. (individual)
The license should apply to a premise with a specific number of animals. (individual)
The license should apply to sanctuaries, especially those acting as charities or being funded by charities. (BASC Scotland)
All rescue and rehabilitation operations, especially those which seek financial support from the public, should be incorporated within a properly constituted or not for profit limited company and that it publishes its annual accounts. (Animal Concern)
Should determine whether a sanctuary is being used for rescue and rehabilitation or whether it is used to encourage the public to visit the centre and to donate cash. (Animal Concern)
A sanctuary or individual should not be exempt from holding any additional licence required for the handling or keeping of any specially protected species. (Animal Concern)
No one should be allowed to run a sanctuary if they have been banned from keeping an animal at any stage or convicted of cruelty to animals. (The Vegetarian Society)
Vetting procedures should be introduced to help animal welfare organisations avoid the employment of staff or volunteers with any history of animal abuse. (2 individuals)
People responsible for the welfare of the animals should have sufficient knowledge, space and resources to look after them properly. (Grampian Animal Defence League, individual)
All employees who have contact with the animals must have appropriate and adequate training. (Munlochy Animal Aid)
Training should be provided for people who work in sanctuaries. (Catflap)
If necessary, an independent vet or expert on the species of animal involved should be asked to judge the competence of the centre or individual seeking a licence. (Animal Concern)
People should be able to show that they have sufficient financial resources to run their establishments. (individual)
All licensed centres and individuals should be obliged to keep a log book showing details of where all animals came from, how they are treated and also disposed of. This would be available for inspection by anyone on payment of a nominal fee. (Animal Concern)
Provisions to limit the numbers of animals at a premises. (Highland Council, North Lanarkshire Council, LACORS, Central Scotland Police, NEWC)
As these places are reactive to circumstances, predicting the numbers of animals which will be held may be difficult. An exemption could be used. (North Ayrshire Council)
Set minimum standards. (Scottish Kennel Club)
Stipulate basic welfare, hygiene and treatment standards. (Animal Concern, 2 individuals)
Stipulate adequate provision for housing and other welfare considerations. (West Lothian Rights and Veggies)
Veterinary practice or treatment. (Animal Concern)
Look after the mental well-being of the animals. (individual)
Animals should be humanely destroyed and not kept alive for purely sentimental reasons (Macaulay Institute, individual) or their humane destruction should be regulated. (Greyhound Action Scotland)
The humane destruction of dogs in rescue centres should also be looked into more closely. Similarly, the practice of healthy animals being 'put to sleep' at the owner's request by veterinary practitioners should also be considered. (Greyhound Action Scotland)
Any tattooed greyhound that comes into the care of a rescue centre should be reported. (Greyhound Action Scotland)
Inspection. (Midlothian Council, Grampian Animal Defence League, Born Free Foundation, individual)
Veterinary inspection. (individual)
Inspection on an annual basis. (Animal Aid, Grampian Animal Defence League, The Captive Animals' Protection Society)
Additional inspections should take place within the licensing year. (Animal Concern)
Regular inspections. (Central Scotland Police, LACORS)
Random inspection. (Catflap)
Inspections should be undertaken by an appropriate body. This would probably be the local authority. Inspection should be undertaken to a universal standard. It may be the case that local authorities would have to employ animal welfare officers or rely heavily on the veterinary profession. (Mossburn Animal Centre)
Inspections should be undertaken by State Veterinary Staff. (Scottish Egg Producer Retailers Association)
Inspectors should be independent. (The Captive Animals' Protection Society)
One charity should not be set above another for the purposes of inspection. (Mossburn Animal Centre)
Inspectors should have powers of entry. (Midlothian Council, Aberdeenshire Council, Central Scotland Police, LACORS)
Arrangements should be put in place for 'out of hours' care. (Munlochy Animal Aid)
A responsible person should reside at the sanctuary overnight. (Canine Concern Scotland Trust)
If a premise cannot be staffed 24 hours a day then a notice should be displayed which gives an emergency telephone contact number. (Animal Aid)
All licence applications from individuals or organisations with less than four staff or volunteers should be required to specify who will care for the animals should the main licence holder become incapacitated. (Animal Concern)
There should be proper home checks before an animal is re-homed. (Animal Concern, West Lothian Animal Rights and Veggies, 3 individuals)
All re-homed animals should be neutered and microchipped. (Animal Concern, individual)
Wild birds and animals released from recuperation centres should be released as close as possible to the place where they were found or into a suitable habitat. (Animal Concern, individual)
Animals should be registered after they leave a sanctuary. (individual)
Concerns at the proposals to licence sanctuaries
Responders, including those that agreed that a licensing system should be introduced, expressed a number of concerns at the impact which this would have on their work. These were expressed in three main areas:
Need to exclude certain activities from the licensing system
Licensing was regarded to be problematic for some areas of work. Responders believed that a number of activities should be excluded from a licensing system:
Care should be taken as to which organisations should be included as having to apply for a licence. (The Bearded Collie Club of Scotland)
Licensing may affect the work of national charities. Organisations such as Cats Protection would suffer if their 1,000 plus strong fostering network of volunteers with shelters in their gardens were to be individually inspected and needed licensed. (Cats Protection)
Catflap is run on a purely voluntary basis, with cats and kittens being fostered in various private homes throughout the area. Many other charities work in similar fashion. (Catflap)
Licensing would not be beneficial for breed rescue. It would have an adverse effect where a breed member will look after a dog until a suitable new home is found. (Perthshire Canine Club, Scottish Utility Breeds Club)
There was a need to exempt breed clubs which have a rescue or re-homing scheme, to be exempted from the licensing scheme. If they were to be included then the cost for such organisations must be minimal. (The Bearded Collie Club of Scotland)
(2) Concern at the financial status of sanctuaries
Responders expressed concern over the financial status of businesses that operate as sanctuaries. One individual considered that it was important to consider that they were run 'on a wing and a prayer'. The Union of Country Sports Workers believed that 'unnecessary bureaucracy and expense to those running them should be avoided'. Falkirk Council was also aware of the 'question of imposing additional financial burdens on such operations', and thought that this would require to be further examined.
A small number of responders made comments on the level of fees that should be set. One responder recommended that fees should be paid for licenses, though one sanctuary suggested that 'licensing should be at no cost to the sanctuary'. For CARROT, Mossburn Animal Sanctuary and the Scottish Centre for Animal Welfare Sciences, licensing should be undertaken within a reasonable price range or be made as reasonable as possible. Angus Council believed that 'there may be a case for minimising the financial burden on these organisations'. Although the idea was mentioned at the consultation meetings, only one responder, the Scottish SPCA suggested that there should be a two tier approach to licensing, with smaller sanctuaries being eligible for a registration scheme, rather than full licensing.
(3) Concern at the licence conditions and their impact on existing sanctuaries
Responders were concerned at the standards that would be set by a licensing system and the effect that these would have on their work:
Conditions attached to the licence should not be so burdensome as to deter someone with the necessary expertise and dedication from running a sanctuary. (Advocates for Animals)
There needs to be flexibility so that statutory requirements on housing are not pitched so high that they cannot be attained by charities perpetually struggling to raise funds. (Cat Action Trust 1977)
There is a danger that the Bill could stop genuine, caring and responsible small rescue groups from helping animals. (individual)
Ways to develop the licensing system
The way forward was considered by one organisation, The Dogs Trust. It believed that the recent Companion Animal Welfare Council (CAWC) report on sanctuaries of February 2004 which proposes a way forward, was a good base for discussion.
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