WELFARE OF ANIMALS BILL

Explanatory and financial memorandum

INTRODUCTION

1. This Explanatory and Financial Memorandum has been prepared by the Department of Agriculture and Rural Development in order to assist the reader of the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause or schedule does not seem to require an explanation or comment, none is given.

BACKGROUND AND POLICY OBJECTIVES

3. The Bill supersedes the Welfare of Animals Act ( Northern Ireland) 1972 (hereafter referred to as “the 1972 Act”). The Bill updates and strengthens powers in the 1972 Act that existed to promote the welfare of vertebrate animals. The Bill aligns welfare standards for farmed animals, which have generally been kept in line with developments in scientific understanding, and non-farmed animals which are largely protected by laws formulated almost forty years ago. It introduces an offence for the failure to take reasonable steps to ensure the welfare of animals for which a person is responsible, prohibits the docking of dogs’ tails subject to certain conditional exemptions for certified working dogs involved in law enforcement, lawful pest control or lawful shooting of animals, prohibits the transfer of animals by way of sale or prize to persons under 16, specifies that abandonment is an offence whether an animal is likely to suffer or not and strengthens the provisions relating to animal fights. It also provides that an inspector or constable may take into their possession an animal which is suffering or likely to suffer, that a person can be deprived of possession or ownership of an animal on conviction for certain specified offences; and that a person can be disqualified from participating in animal-related activities following conviction for certain offences. The Bill clarifies the enforcement roles of DARD inspectors in respect of farmed animals and council inspectors in respect of non-farmed animals, and a definition of farmed animals is included for clarity. Provision has been made to make regulations for the purposes of amending the definition of “animal” or extending the application of the Bill to animals in foetal or embryonic form, ensuring the welfare of animals, requiring certain animal activities to be licensed or registered, prohibiting the keeping of certain animals and extending the provision enabling the detention of vessels so that it includes aircraft and hovercraft..

CONSULTATION

4. Views on the policy proposals on new animal welfare legislation were sought during a public consultation in 2006. As this consultation was carried out during Direct Rule, when devolved government was restored in Northern Ireland the Minister decided to engage directly with key stakeholders to hear at first hand their concerns. The Minister and officials have engaged extensively with a wide range of welfare interests from here, the South and GB. The policy was formulated taking into account new Animal Welfare legislation in England and Wales, and Scotland introduced in 2006 and 2007 respectively.

5. To close the consultation process officials held an Animal Welfare Stakeholder Workshop on 17 September 2009 to provide stakeholders with a final opportunity to outline and update their views. The consultation process highlighted broad stakeholder support for the establishment of new animal welfare measures which would strengthen powers to support the welfare of animals.

6. The finalised consultation document can be found on the Department’s website at http://www.dardni.gov.uk/index/consultations/archived-consultations.htm and the responses and associated documents to both the original consultation and workshop can be found at http://www.dardni.gov.uk/index/animal-health/animal-welfare/animal_welfare-newpage-2.htm.

7. The legislation that this Bill repeals is set out in Schedule 5 of the Bill.

OPTIONS CONSIDERED

8. The main options considered were-

Option 1 - No change to existing measures in the 1972 Act.

Option 2 - Adopt a non-statutory approach.

Option 3 – Introduce and enact the Welfare of Animals Bill.

Option 1: Do nothing

In recent years the 1972 Act has been under increasing scrutiny from animal welfare organisations. Their main concern is that it has ceased to meet the expectations of society. The consultation has confirmed that the concerns of the welfare organisations are shared by a wide range of professional, government and other organisations. The pressure to change the law will continue.

Option 2: Non statutory: Impose a voluntary code of practice/self regulation

The 1972 Act deals with those who cause unnecessary suffering through either deliberate cruelty or neglect. This cannot be addressed through self-regulation. There are already some voluntary codes of practice for some commercial undertakings prepared by umbrella organisations in such areas as pet shops and livery yards. However, the codes are not widely adhered to beyond the umbrella organisations’ membership and so are not necessarily applied across any given industry.

Option 3: Introduce and enact the Welfare of Animals Bill

The preferred option. The Welfare of Animals Bill is an enabling measure, setting out certain fundamental principles but leaving detailed legislation to subordinate regulations and codes of practice. The Bill will allow action to be taken by way of an improvement notice or, where this fails, through prosecution in the courts when an animal’s needs are not being met.

OVERVIEW

9. The Bill contains 60 clauses and 5 schedules which replace the Welfare of Animals Act ( Northern Ireland) 1972. The Bill covers various aspects of animal welfare and is in 6 Parts.

COMMENTARY ON CLAUSES

Please note comments are not given where the wording is self-explanatory.

PART 1 - INTRODUCTORY

Clause 1 – Animals to which this Act applies

The Bill applies only to vertebrate animals, as these are currently the only demonstrably sentient animals. However, clause 1(3) makes provision to extend the Bill to cover invertebrates of any description in the future if the Department is satisfied on the basis of scientific evidence that these too are capable of experiencing pain or suffering.

Clause 2 – Protected animals

Animals are “protected” if they are of a kind which is commonly domesticated in Northern Ireland. Other animals are also “protected” if they are under the control of man or are not living in a wild state.

Clause 3 – Responsibility for animals

While the owner is always regarded as responsible for an animal, a person who is in charge of an animal is also responsible for it. This includes a person who temporarily keeps an animal for any reason, for example, a veterinary surgeon taking responsibility for the animals kept in his surgery overnight, staff at boarding premises, and staff at animal sanctuaries.

PART 2 - PROTECTION OF ANIMALS

PREVENTION OF HARM

Clause 4 – Unnecessary suffering

This clause sets out the circumstances in which a person who causes or permits an animal to suffer commits an offence. It will be an offence to cause physical or mental suffering, whether by a positive act or an omission, to an animal. This clause also sets out considerations in determining whether the suffering is unnecessary. Considerations focus on the necessity, proportionality, humanity and competence of the conduct. Where suffering inevitably occurs in the course of complying with any regulations, licence or code of practice, an offence would not normally be committed as it would be for the betterment of the animal’s welfare.

Clause 5- Prohibited procedures

Prohibited procedures are those which involve interference with the sensitive tissues or bone structure of the animal, for example castration, ear tagging and dehorning. This clause does not apply to the docking of a dog’s tail which is dealt with in clause 6. Clause 5 makes it an offence to carry out a prohibited procedure on any protected animal. Exemptions to this prohibition are provided in the Bill and include the carrying out of any procedure by a veterinary surgeon, including for the diagnosis of disease or any medical treatment, and where specified in subordinate regulations made by the Department. These subordinate regulations will ensure that normal farming practices (such as castration of lambs and the ear tagging of cattle and sheep) will be permitted which would otherwise be prohibited by the Bill.

Clause 6 – Docking of dogs’ tails

This clause prohibits the docking of a dog’s tail, otherwise than for the purposes of its medical treatment by a veterinary surgeon or to safeguard its life. Subsections 4 – 18 provide an exemption subject to certain conditions for certified working dogs involved in law enforcement, lawful pest control or lawful shooting of animals. Schedule 1 sets out the breeds to which an exemption may apply. It will be an offence if a dog is docked under this exemption and not identified in accordance with regulations made by the Department. It will also be an offence to knowingly give false information to a veterinary surgeon in connection with the certification of an exempt dog. In addition it will be an offence to take, or cause another person to take, a dog from Northern Ireland for the purpose of having the whole or any part of its tail docked. The clause also introduces a ban on the showing of dogs where the tail was docked after introduction of the new Welfare of Animals Act. Subsection 13 provides an exemption which allows a subsection 4 dog to be shown in circumstances where it can demonstrate its working ability.

Clause 7 - Administration of poisons etc

This clause creates offences relating to the administration to a protected animal of any poisonous substance or drug where the person has no lawful authority or reasonable excuse. This also applies in cases where substances that are otherwise harmless have been administered in a harmful quantity or way. This does not prevent the laying of poisons for the control of vermin.

Clause 8 – Fighting etc.

This clause creates a number of offences in relation to animal fighting, which is defined as an occasion on which a protected animal is placed with an animal or with a human, for the purpose of fighting, wrestling or baiting. This means that an animal fight can be deemed to have taken place, even if both animals are wild animals, as the definition of protected animal under clause 2 includes any animal under the control of man, whether on a permanent or temporary basis. Legitimate pest control activities which involve the use of one animal to catch another will not fall within the definition of an animal fight, as the animals are not placed together for the purpose of fighting, wrestling or baiting.

PROMOTION OF WELFARE

Clause 9 – Ensuring welfare of animals

The welfare offence in this clause extends to non-farmed animals and is similar to provisions found in the Welfare of Farmed Animals Regulations ( Northern Ireland) 2000 which ensures the welfare of livestock situated on agricultural land. A duty to ensure welfare will apply to all animals for which someone is responsible as defined in clause 3. Where a person is responsible for an animal, that person has a duty to take steps that are reasonable in all circumstances to ensure its needs are met to the extent required by good practice.

Clause 10 - Improvement notices

This clause empowers inspectors to issue ‘improvement notices’ to those responsible for animals. If the inspector is of the opinion that a person is not meeting the requirements of clause 9 the inspector must state in the notice what the person is failing to do to comply with clause 9, the steps that should be taken in order to comply and the time in which they must be taken. Failure to comply with an improvement notice is an offence.

Clause 11 - Regulations for securing welfare of animals

This clause enables the Department to make regulations to secure the welfare of animals for which a person is responsible, or the progeny of such animals. The inclusion of the progeny of animals in this regulation-making power enables regulations to be introduced governing animal breeding that protect the offspring as well as the parent animal.

Clause 12 - Licensing or registration of activities involving animals

This clause enables the Department to make regulations for the introduction of licensing and registration regimes in relation to activities involving animals for which a person is responsible for the purposes of securing the welfare of animals or the progeny of those animals.

Clause 13 - Prohibition on keeping of certain animals

This clause enables the Department to make regulations for securing animal welfare by prohibiting the keeping of certain types of animals at domestic or other premises. This power does not extend to zoos licensed or regulated by the Department of the Environment or animals licensed under the Dangerous Wild Animals ( Northern Ireland) Order 2004.

Clause 14 – Abandonment

This clause provides a specific offence of abandonment irrespective of whether the animal suffers or not.

Clause 15 – Transfer of animals by way of sale or prize to persons under 16

This clause prohibits the sale of animals to any person under 16. The clause also makes it an offence to enter into an arrangement with a person under 16 whereby an animal is to be won as a prize, unless the under 16 is under the care and control of an adult who has agreed to the arrangement.

Clause 16 - Codes of practice

Codes of practice are already widely used to promote the welfare of farmed animals and the Bill provides for the introduction of codes of practice for both farmed animals and non-farmed animals.

PART 3 - ANIMALS IN DISTRESS

Clause 17 – Powers in relation to animals in distress

This clause authorises an inspector or constable who finds a protected animal that is suffering to take immediate steps to alleviate the animal’s suffering

Clause 18 - Powers of entry for section 17 purposes

This clause confers powers of entry for the purposes of clause 17. It authorises an inspector or constable to enter onto premises to deal with a protected animal that is believed to be suffering or likely to suffer if remedial action is not taken. Power of entry does not extend to a private dwelling unless a warrant is obtained from a lay magistrate. Strict conditions must be met to satisfy the issue of a warrant. Schedule 3 provides safeguards in connection with powers of entry under warrant.

On the rare occasion when urgent entry is required before a warrant can be obtained this clause authorises the use of reasonable force to effect entry without a warrant, for example if an animal is suffering so much that it would be inappropriate to delay.

Clause 19 - Orders in relation to animals taken under section 17(5)

Where an animal has been taken into possession under clause 17 and the animal is being retained, this clause enables a magistrate’s court to make an order for the treatment, giving up, sale, disposal or destruction of the animal. Either the owner of the animal or another person with a sufficient interest in the animal can apply to the court for this determination to be made. The court cannot make an order unless either the owner has been given an opportunity to be heard, or the court is satisfied that it is not reasonably practical to communicate with the owner.

Where a court orders that the animal taken into possession be sold, the proceeds of the sale to which the owner is entitled may be reduced so as to take account of the expenses incurred by the person who seized or cared for the animal and the expenses incurred by any person carrying out the order for sale. In making its determination the court must also have regard to protecting the animal’s value and avoid increasing any expenses which a person may incur or be ordered to reimburse.

Clause 20 – Orders under section 19: appeals

Where a court has made an order under clause 19 in relation to an animal, the animal’s owner can appeal to the county court against the order. The clause also provides a right of appeal to a person against whom an order for reimbursement of expenses is made.

PART 4 - ENFORCEMENT

ENFORCEMENT POWERS

Clause 21 – Seizure of animals involved in fighting offences

Clause 21 confers on a constable power to take possession of an animal in relation to which an offence under clause 8 has been committed. The use of this power would ensure that a seized animal could not be involved in further fighting offences.

Clause 22 - Entry and search under warrant in connection with offences.

This c lause provides that a lay magistrate may issue a warrant authorising an inspector or a constable to enter premises to search for evidence of offences relating to unnecessary suffering, prohibited procedures, tail docking, administration of poisons, fighting, ensuring welfare, failing to comply with an improvement notice, carrying out relevant activities without a licence or registration, abandonment, or breaching a disqualification imposed under clause 33.

Clause 23 - Inspection of records required to be kept by holder of licence

This clause enables an inspector to require that the holder of a licence, granted under regulations made under clause 12 (licensing and registration of activities involving animals), must produce any records that the licence holder is required to keep as a condition of a licence.

Clause 24 - Inspection in connection with licences

This clause concerns powers of inspection in relation to activities for which it is necessary to obtain a licence under clause 12. It provides that routine inspections may be carried out to check that licence conditions are being complied with. Currently, in relation to some activities that require a licence, inspections can only be made when inspectors suspect an offence has been committed.

Clause 25 - Inspection in connection with registration

This clause concerns powers of inspection in relation to activities for which it is necessary to register under clause 12.

Clause 26 – Inspection of premises to check compliance with regulations made under section 13

This clause allows inspectors to enter and inspect premises in order to check compliance with regulations made under clause 13 dealing with the prohibition on keeping certain animals

Clause 27 - Inspection of farm premises

This clause allows inspectors to enter and inspect farm premises in order to check compliance with regulations made under the Bill to secure welfare of animals bred or kept for farming purposes and in order to ascertain whether an offence under the Bill has been committed.

Clause 28 - Inspection relating to Community obligations

This clause provides a power for inspectors to enter and check compliance with regulations under clause 11 which implement a Community obligation to secure welfare of animals. This power mirrors a power contained in the Diseases of Animals ( Northern Ireland) Order 1981. It does not extend to any parts of premises used as private dwellings (subsection (3)).

PROSECUTIONS

Clause 29 - Power of councils to prosecute offences

This clause provides a power allowing d istrict councils to initiate prosecution proceedings for any offence under the Bill.

Clause 30: Time limits for prosecutions

Summary proceedings for an offence under the Bill may start at any time within three years of the offence or within twelve months of sufficient evidence being available to justify prosecution.

POST-CONVICTION POWERS

Clause 31: Penalties

This clause provides that a person found guilty of a range of offences under the Bill or regulations made under the Bill is liable by summary conviction to imprisonment for a term not exceeding 6 months and/or a fine not exceeding level 5 (currently £5,000) It also sets out the serious offences which the prosecutor can decide to try either by summary conviction or by indictment. The maximum penalty for conviction on indictment is imprisonment for a term not exceeding two years and/or an unlimited fine.

Clause 32: Deprivation

This clause enables the courts to confiscate an animal from an owner who has been convicted of an offence in relation to that animal. A deprivation order is limited to cases where there is a clearly identifiable animal or animals in respect of which the offence was committed. The court is required to give reasons if it decides not to make a deprivation order against a convicted person.

Clause 33: Disqualification

This clause confers a power on the court to disqualify a person from owning, keeping or participating in the keeping of animals and from being party to any arrangements to control or influence the way in which animals are kept. Disqualification may be imposed in relation to animals generally or to one or more kinds of animal. The court can also decide the period which must expire before the person who is the subject of a disqualification order may apply to have it lifted. The court can also provide for a suspension of a disqualification order pending appeal and has power to suspend a disqualification order to give the disqualified owner or keeper time to make arrangements for the animal.

Clause 34: Seizure of animals in connection with disqualification

This clause enables a court to combine a disqualification order with an order that any animals owned or kept by the person disqualified be seized, where continued ownership or possession would put the person in breach of the disqualification. Such an order could be made by the court when a person was convicted of any of the offences under the clauses relating to unnecessary suffering, prohibited procedures, docking of dogs’ tails, administration of poisons, abandonment, fighting, welfare, not complying with an improvement notice, operating without a required licence or registration where this is required or of a breach of a previous disqualification order.

Clause 35: Clause 34: supplementary

This clause sets out powers of the court when it makes an order under clause 34. These include appointing a person to carry out the order and a power to give directions concerning the carrying out of the order. It can also provide that the owner of the animal or any other person the court thinks fit must reimburse costs incurred, and can confer additional powers, including powers of entry, on the person appointed to carry out the order.

Clause 36: Destruction in the interests of the animal

This clause gives the court power, where it is persuaded by a veterinary surgeon that it is appropriate in the interests of the animal, to order the destruction of an animal in respect of an offence under the Bill involving unnecessary suffering, prohibited procedures, tail docking, administration of poisons, fighting, ensuring animal welfare or abandonment.

Clause 37: Destruction of animals involved in fighting offences

This clause allows the court to order the destruction of fighting animals, otherwise than in the interests of the animal, where there has been a conviction for a fighting offence. This power is wider than that accorded in clause 36, on the basis that there may be circumstances in which it is appropriate to order the destruction of an animal otherwise than in its own interests; for example, if the animal is considered to be a danger to public safety.

Clause 38: Reimbursement of expenses relating to animals involved in fighting offences

This clause provides that a court which has convicted a person of an offence under clause 8(1) or (2) can require that person, or another person as appropriate, to reimburse police for expenses they have incurred in looking after an animal involved in that offence. This includes animals that took part in the fight in relation to which the offence was committed.

Clause 39: Forfeiture of equipment used in offences

This clause gives the court power, where a person is convicted of an offence under clauses 4, 5, 6(1) or (2), 7 or 8, to order equipment that it considers to have been used in the offences for which the offender has been convicted to be forfeited and destroyed (or otherwise dealt with).

Clause 40: Orders under section 32, 34, 36, 37 or 39: pending appeals

This clause suspends the operation of various orders relating to animals and equipment under the Bill until the possibility of an appeal has expired. It also provides that if an order is suspended under subsection (1), the court may, nevertheless, give directions as to how the animal(s) should be dealt with during the suspension. It also provides that costs which a court directs a person to pay will be recoverable as a civil debt.

Clause 41: Orders with respect to licences

This clause provides that where a person is convicted of an offence under the clauses relating to unnecessary suffering, prohibited procedures, docking of dogs’ tails, administration of poisons, abandonment, fighting, or welfare offence, an offence in connection with transferring an animal by way of sale or prize to a person under sixteen, or an offence against regulations made under clause 12(6), the court may cancel any licence held by that person and make an order disqualifying the person from holding such a licence.

Clause 42: Termination of disqualification under clause 33 or 41

This clause enables a person subject to a disqualification order under clause 33 or 41 to apply to the court for termination of the disqualification. Applications for termination can be made after one year, and every subsequent year thereafter.

Clause 43: Orders made on conviction for reimbursement of expenses

This clause clarifies that where a court makes an order for the care or disposal of an animal and a person incurs expenses in carrying out that order, these expenses are recoverable as a civil debt. They are not to be treated as a fine imposed on conviction for the purposes of the Magistrates’ Courts ( Northern Ireland) Order 1981.

Clause 44: Orders for reimbursement of expenses: right of appeal for non-offenders

This clause provides that where an order for the reimbursement of expenses is made under clauses in this Bill against a person other than the person convicted of an offence under the Bill, that person will have a right of appeal against the order. The convicted person will already have such a right of appeal by virtue of the Magistrates’ Courts ( Northern Ireland) Order 1981

PART 5 - GENERAL

Clause 45: Inspectors

For the purposes of the Bill an “inspector” is a person appointed either by the Department in respect of farmed animals or a council in respect of non-farmed animals. A definition of farmed animals has been provided in the Bill and the definition can be amended by the Department by subordinate legislation should that be necessary in the future. Councils when appointing inspectors for the purposes of the Bill must have regard to any guidance that may be issued by the Department. The Department may also issue a list of approved persons who are considered suitable for appointment as inspectors by councils. Councils must provide the Department with such information as may be required in relation to exercising any powers in the Bill

Clause 46: Conditions for grant of warrant

The Bill makes provision for warrants in order to obtain entry to premises including private dwellings in a variety of circumstances. This clause sets out the conditions which must be met before a lay magistrate can grant a warrant to allow a constable or inspector to enter private dwellings and other premises.

Clause 47: Powers of entry, inspection and search: supplementary

This clause gives effect to Schedule 3, which specifies the power and duties of those exercising powers of entry, inspection or search under warrant.

Clause 48: Power to stop and detain vehicles.

This clause allows a constable in uniform or an inspector if he is accompanied by a constable, to stop and detain vehicles to search for animals in distress and gather evidence where there is reasonable suspicion that a relevant offence has been committed.

Clause 49: Power to detain vessels, etc.

This clause provides that a vessel can be detained in port if an inspector believes that an offence is being or has been committed on board. A certificate specifying this must be presented as soon as practicable to the person in charge of the vessel. The Department may make regulations extending this clause to aircraft or hovercraft, or make other provision for detaining aircraft or hovercraft as appropriate.

Clause 50: Obtaining of documents in connection with carrying out orders etc

This clause requires the owner of an animal in relation to which any of the various orders under the Bill has been made to deliver relevant documents relating to that animal to the person who is authorised to carry out the order.

Clause 51: Offences by bodies corporate

This clause provides that a criminal prosecution may be brought against a member or members of a corporate body where they are responsible for an action or omission that constitutes an offence under the Bill.

Clause 52: Scientific research

Scientific procedures on animals are governed by the Animals (Scientific Procedures) Act 1986 (“ASPA”), which makes provision for the licensing of people, projects and places where research is carried out on animals. Nothing in this Bill applies to anything lawfully done under that Act.

Clause 53: Hunting, coursing and fishing

This clause provides that anything which occurs in the normal course of hunting or coursing is not covered by this Bill unless the animal is released in an injured, mutilated or exhausted condition or is hunted or coursed in an enclosed space without reasonable chance of escape. It also provides that anything which occurs in the normal course of fishing is not covered by this Bill.

Clause 54: Application to the Crown

Under this clause the Bill and regulations and orders made under it, once enacted, apply to all Government departments and other public bodies that are part of the Crown. The Crown is not subject to criminal liability if it contravenes the requirements of the Bill. Instead, the court has power to make a declaration that the conduct is unlawful. However this does not prevent criminal convictions being made against individuals, such as civil servants who are in the service of the Crown as public servants. They can be prosecuted under the Bill in the same way as private individuals, private organisations and their staff.

PART 6 - SUPPLEMENTARY

Clause 55: Regulations

This clause sets out which regulations made under the Bill will be subject to affirmative resolution and which will be subject to negative resolution. In summary, all subordinate legislation, except made under clause 49(5), will be subject to draft affirmative resolution in the Assembly.

Clause 56: Interpretation

This sets out interpretations of the terms used in this Bill.

Clause 57: Minor and consequential amendments and repeals

This clause introduces schedules 4 & 5 which deal with amendments and repeals as a result of the introduction of this Bill.

Clause 58: Transitional provision

This clause allows the Department to make transitional provisions and savings to allow the various provisions of the Act to come into operation. It also makes transitional provisions for those disqualification orders made under the Welfare of Animals Act ( Northern Ireland) 1972 that are still in force.

Clause 59: Commencement

The Department may appoint by order the day or days on which the sections of the Act come into operation.

Clause 60: Short Title

The Welfare of Animals Act ( Northern Ireland) 2010

SCHEDULES

Schedule 1

This schedule sets out the breeds of dogs which may be exempt from the tail docking ban.

Schedule 2

This schedule sets out in more detail the powers to make regulations in respect of licensing and registration under clause 12.

Schedule 3

This schedule specifies the power and duties of those exercising powers of entry, inspection or search under warrant and requires inspectors to comply with a Code of Practice for Search under Warrant.

Schedule 4

This schedule sets out amendments resulting from the Bill.

Schedule 5

This schedule sets out repeals resulting from the Bill.

FINANCIAL EFFECTS OF THE BILL

10. The new Bill will carry forward the existing duty of care for farmed animals and introduce a new duty of care for non-farmed animals, including domestic pets and horses. The Department will continue to enforce the Bill in respect of farmed animals, while the Bill will provide councils with enforcement powers in respect of non-farmed animals. The new powers are permissive in that they allow flexibility on how the provisions of the Bill are to be implemented by the Department or councils, taking into account current priorities and available resources.

11. The 1972 Act provides the PSNI with enforcement powers in respect of cruelty and unnecessary suffering offences. The Act also gives the Department power to enter agricultural land in respect of offences pertaining to livestock. These powers will be carried forward in the new Bill and will have no additional financial implications. The Department will have for the first time new powers to seize farmed animals which are suffering or likely to suffer if their circumstances do not change. However, the Bill will provide powers to seek reimbursement of associated expenses through the courts resulting from the seizure of animals. It is expected therefore, that costs should largely be covered from the current budgetary allocation.

12. It is proposed that councils will be provided with powers in the Bill to

enforce the provisions in respect of non-farmed animals relating, in the main, to companion animals and horses. Councils have currently no role in animal welfare and they have advised that they are not resourced to take on animal welfare work. To assist with the implementation of the new enforcement role, including the seizure of animals that are suffering or likely to suffer, and prosecution costs, additional annual funding of £760,000 has been guaranteed by the DARD Minister for the next four financial years of the budget period starting from 2011/12. As applies to the Department, the Bill will provide powers to seek reimbursement of associated expenses through the courts resulting from the seizure of animals. Discussions are ongoing with council representatives on the detail of implementation after the Bill is enacted, in preparation for implementation 12 months thereafter. It is intended that councils would implement this new enforcement role in the most efficient and effective way possible. The Department will monitor the implementation of the Bill by councils to assess the effectiveness of the legislation and the outcome of the actions taken.

13. Responsibility for licensing pet shops, animal boarding and riding establishments and zoos will transfer from DARD to councils subject to new subordinate legislation being made under the Bill. The current Fees legislation, the Welfare of Animals (Fees) Order ( Northern Ireland) 1979, came into operation approximately 30 years ago and it is noted that fees have not increased in line with costs and inflation. In line with current policy, future fees for licensing and registration functions will be on a full cost recovery basis and this work will not transfer to councils until the new legislation is introduced. A full consultation with stakeholders, including councils, will be undertaken in drawing up any new licensing or registration arrangements.

HUMAN RIGHTS ISSUES

14. The provisions of the Bill are compatible with the Convention on Human Rights.

EQUALITY IMPACT ASSESSMENT

15. Animal welfare policies and operational functions do not have an equality impact under section 75 of the Northern Ireland Act 1998 and have been screened out. It is not considered necessary, therefore, to prepare an Equality Impact Assessment.

SUMMARY OF REGLATORY IMPACT ASSESSMENT

16. The Bill has been assessed to determine any regulatory impact. There is no impact on employment or specific costs to charities, social economy enterprises and the voluntary sector. The Bill will not place an additional burden on farming businesses or individual owners of companion animals, as it prompts good welfare and best practice in the keeping of animals which keepers should already be adopting.

17. The provisions to restrict the docking of dogs’ tails to certain working dogs may have a small impact on veterinary surgeons’ business as under current legislation any pup can have its tail docked before its eyes are open. While the number of puppies born in Northern Ireland in 2009 is estimated to be around 26,000, the majority of these would be breeds which are not normally docked. The Veterinary Association has confirmed that tail docking of dogs would not be a significant part of any Veterinary practice business, so the impact on any one of the 115 veterinary practices across Northern Ireland would be minimal.

18. Provisions within the Bill also allow for subordinate regulations to be made in respect of licensing and registration. While pet shops, animal boarding, riding or zoological establishments must currently be licensed to operate, the Bill will clarify and extend provisions relating to licensing or registration to cover any activity involving animals, including, for example, breeding establishments, pet fairs, bird shows and pet wholesalers. In addition, the Bill provides the powers to regulate certain activities through subordinate legislation where considered necessary, such as circuses, welfare of greyhounds for racing and the use of electronic training devices for dogs. Any such future regulation would undergo a full consultation process, a regulatory impact assessment if required, scrutiny by the Agriculture and Rural Development Committee, and draft affirmative resolution by the Assembly before enactment

LEGISLATIVE COMPETENCE

19. The Minister of Agriculture and Rural Development had made the following statement under section 9 of the Northern Ireland Act 1998:

“In my view the Welfare of Animals Bill would be within the legislative competence of the Northern Ireland Assembly.”