Environment, Food and Rural Affairs - First Report

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Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Commons to be printed 1 December 2004.

Contents

Terms of Reference

Report

Summary

1 Introduction

Our examination of the draft Bill

2 Background to the draft Bill

Current animal welfare law

Proposals for reform

Need for new legislation

Purpose of the draft Bill

Scope of the draft Bill

Application of the draft Bill

3 Definitions

Definition of "animal"

Appropriateness of delegated power in clause 53(3)

Extending the definition to include invertebrates

Definition of "protected animal"

"Temporarily in the custody or control of man"

Other legislative approaches

Our position

Application of "protected animal" to fish and fishing

Definitions of "animal", "protected animal", "kept by man" and "keeper"

Operation of the definitions

4 Offences

Clause 1: cruelty offence

Complexity of clause 1

Clarity of clause 1(1)

Mens rea of cruelty offence: clause 1(1)—causing unnecessary cruelty

Mens rea of cruelty offence: clause 1(2) and (10)—procuring or permitting unnecessary cruelty

Mental suffering of an animal

Clarity of clause 1(3)

Clauses 1(4) and 1(5): mutilation

Clause 2: fighting offence

Clause 3: welfare offence

Analogy with the Agriculture (Miscellaneous Provisions) Act 1968

Drafting of the clause 3(1) offence

Clauses 3(4) and (5): meeting an animal's basic welfare needs

Clause 3(3): abandonment

5 Delegated powers

Clause 6

Operation of clause 6

Extent of clause 6(1) delegated power

Placing licensing requirements on the face of the legislation

Specificity of clause 6(2)

Clause 1(5)

Clause 6 and clause 1(5)

Lack of a duty to consult

Improved parliamentary scrutiny of future draft secondary legislation

6 Enforcement, prosecution and penalties

Changes to current law

Drafting of enforcement, prosecution and penalties provisions

Enforcement powers

Powers to deal with animals in distress

Powers of entry

Appointment of inspectors

Regional enforcement

Compensation and other protections

Prosecution powers

Improvement notices

Persons authorised to act as prosecutors under the draft Bill

Ability of the RSPCA to bring private prosecutions

Powers following conviction

Offences are only summary offences

Disqualification orders

7 Defra's Regulatory Impact Assessment

Options appraisal and anticipated benefits

Resource implications

The RIA as a whole

8 Proposed and possible secondary legislation and codes of practice

Timing of proposed secondary legislation

Secondary legislation and codes of practice

9 Proposed first tranche of secondary legislation and codes of practice

Proposals to be implemented by regulations made under clause 6(1)

Licensing of riding schools; licensing of dog and cat boarding; licensing of pet shops

Licensing of livery yards

Licensing of pet fairs

General licensing issues

Compulsory information leaflets to be provided by animal vendors

Use of electronic shock collars and training devices

Proposals to be implemented by orders made under clause 1(5)

Allowable mutilations: tail docking of dogs

Proposals to be implemented by codes of practice made under clause 7

Rearing of game birds

Sale of pet animals over the internet

Final recommendation on first tranche proposals

10 Proposed second tranche of secondary legislation and codes of practice

Licensing and registration of animal sanctuaries

Licensing the use of performing animals

Licensing and registration of greyhound racing tracks

11 Comments on the pre-legislative scrutiny process

Conclusions and recommendations

Formal minutes

Witnesses

List of written evidence

List of unprinted written evidence

Reports from the Committee since 2001

ORAL EVIDENCE - HC 52-II

Tuesday 7th September 2004
Wednesday 8th September 2004
Thursday 9th September 2004
Monday 13th September 2004
Wednesday 15th September 2004
Thursday 16th September 2004
Tuesday 12th October 2004
Wednesday 13th October 2004
Thursday 10th October 2004
Wednesday 27th October 2004

WRITTEN EVIDENCE - HC 52-II

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Prepared 8 December 2004