Welfare of Animals Bill
Marshalled List of Amendments
Consideration Stage
Tuesday, 1 February 2011
Amendments tabled up to 9:30am Thursday, 27 January 2011
The Bill will be considered in the following order-
[Clauses, Schedules and Long Title]
Amendment 1 [Made]
Clause 5 , Page 3, Line 31
Leave out subsections (5), (6) and (7) and insert -
‘(5) This section does not apply -
(a) in relation to -
(i) any procedure carried out by a veterinary surgeon;
(ii) any procedure carried out for the diagnosis of disease;
(iii) any procedure carried out for the purposes of medical treatment of an animal;
(iv) any other procedure which is specified in regulations made by the Department;
(b) to the removal of the whole or any part of a dog’s tail (which is dealt with in section 6).
(6) Before making regulations under subsection (5), the Department must consult such persons appearing to the Department to represent relevant interests as the Department considers appropriate.’
Minister for Agriculture and Rural Development
Amendment 2 [Made]
Clause 6 , Page 4, Line 18
Leave out subsections (4), (5) and (6) and insert -
‘(4) Subsections (1) and (2) do not apply if the dog is a certified working dog that is not more than 5 days old.
(5) For the purposes of subsection (4), a dog is a certified working dog if a veterinary surgeon has certified, in accordance with regulations made by the Department, that the first and second conditions mentioned below are met.
(6) The first condition referred to in subsection (5) is that there has been produced to the veterinary surgeon such evidence as the Department may by regulations require for the purpose of showing that the dog is likely to be used for work in connection with law enforcement, lawful pest control or the lawful shooting of animals.
(7) The second condition referred to in subsection (5) is that the dog is of a breed specified in Schedule 1A for the purposes of this subsection.
(8) The Department may by regulations add to, or remove, breeds of dog from the list in Schedule 1A.
(9) It is a defence for a person accused of an offence under subsection (1) or (2) to show that that person reasonably believed that the dog was one in relation to which subsection (4) applies.
(10) A person commits an offence if—
(a) that person owns a subsection (4) dog, and
(b) fails to take reasonable steps to secure that, before the dog is 8 weeks old, it is identified as a subsection (4) dog in accordance with regulations made by the Department.
(11) A person commits an offence if that person takes a dog, or causes a dog to be taken, from a place in Northern Ireland for the purpose of having the whole or any part of its tail removed, otherwise than for the purpose of medical treatment administered by a veterinary surgeon.
(12) A person commits an offence if—
(a) that person shows a dog at an event to which that person pays a fee or members of the public are admitted on payment of a fee,
(b) the dog’s tail has been wholly or partly removed (in Northern Ireland or elsewhere), and
(c) the removal took place after the coming into operation of this section.
(13) Where a dog is shown only for the purpose of demonstrating its working ability, subsection (12) does not apply if the dog is a subsection (4) dog.
(14) It is a defence for a person accused of an offence under subsection (12) to show that that person reasonably believed—
(a) that the event was not one to which that person paid a fee or members of the public were admitted on payment of a fee;
(b) that the removal took place before the coming into operation of this section; or
(c) that the dog was one in relation to which subsection (13) applies.
(15) A person commits an offence if that person knowingly gives false information to a veterinary surgeon in connection with the giving of a certificate for the purposes of this section.
(16) The Department may by regulations make provision about the functions of inspectors in relation to—
(a) certificates for the purposes of this section, and
(b) the identification of dogs as subsection (4) dogs.
(17) Before making regulations under this section, the Department must consult such persons appearing to the Department to represent any interests concerned as the Department considers appropriate.
(18) In this section “subsection (4) dog” means a dog whose tail has, after the coming into operation of this section, been wholly or partly removed without contravening subsection (1), because of the application of subsection (4).’
Chair, Committee for Agriculture and Rural Development
Amendment 3 [Made]
Clause 8 , Page 5, Line 41
Leave out subsection (4)
Minister for Agriculture and Rural Development
Amendment 4 [Made]
Clause 8 , Page 6
Leave out lines 13 and 14
Minister for Agriculture and Rural Development
Amendment 5 [Made]
Clause 31 , Page 18, Line 18
Leave out ‘sections 6(5)’ and insert ‘sections 6(5) and 6(10)’
Chair, Committee for Agriculture and Rural Development
Amendment 6 [Made]
Clause 31 , Page 18, Line 24
Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’
Chair, Committee for Agriculture and Rural Development
Amendment 7 [Made]
Clause 32 , Page 18, Line 31
Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’
Chair, Committee for Agriculture and Rural Development
Amendment 8 [Made]
Clause 33 , Page 20, Line 17
Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’
Chair, Committee for Agriculture and Rural Development
Amendment 9 [Made]
Clause 36 , Page 21, Line 36
Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’
Chair, Committee for Agriculture and Rural Development
Amendment 10 [Made]
Clause 41 , Page 25, Line 3
Leave out ‘sections 4, 5, 6(1), (2) and (4)’ and insert ‘sections 4, 5, 6(1), (2), (4) and (15)’
Chair, Committee for Agriculture and Rural Development
Amendment 11 [Made]
Clause 45 , Page 26, Line 22
Leave out subsection (1) and insert -
‘(1) In this Act, “inspector”, in the context of any provision, means -
(a) in so far as that provision relates to farmed animals, a person appointed to be an inspector for the purposes of that provision by the Department;
(b) in so far as that provision relates to other animals, a person appointed to be an inspector for the purposes of that provision by a council.
(1A) In subsection (1), “farmed animal” means any animal bred or kept for the production of food, wool or skin or for other farming purposes.
(1B) The Department may by regulations amend the definition of “farmed animal” in subsection (1A).
(1C) Before making regulations under subsection (1B), the Department must consult such persons appearing to the Department to represent relevant interests as the Department considers appropriate.’
Minister for Agriculture and Rural Development
Amendment 12 [Made]
Clause 45 , Page 26, Line 33
At end insert -
‘(4A) Each council must furnish to the Department, at such times and in such manner as the Department may direct -
(a) such information relating to the exercise of the council’s functions under this section; and
(b) such information relating to the exercise of functions by inspectors appointed by the council for the purposes of this Act,
as the Department may require.’
Minister for Agriculture and Rural Development
Amendment 13 [Made]
Clause 55 , Page 30, Line 15
After ‘regulations’ insert ‘(except for regulations made under section 49(5))’
Minister for Agriculture and Rural Development
Amendment 14 [Made]
Clause 55 , Page 30, Line 15
Leave out ‘section 11, 12 or 13’ and insert ‘this Act’
Minister for Agriculture and Rural Development
Amendment 15 [Made]
Clause 55 , Page 30, Line 18
Leave out ‘section 1(3) or’
Minister for Agriculture and Rural Development
Amendment 16 [Made]
Clause 55 , Page 30, Line 20
After ‘made’ insert ‘by the Department’
Minister for Agriculture and Rural Development
Amendment 17 [Made]
Clause 58 , Page 31, Line 20
After ‘(1)’ insert ‘Without prejudice to section 55(3),’
Minister for Agriculture and Rural Development
Amendment 18 [Made]
Clause 59 , Page 32, Line 1
Leave out subsection (2)
Minister for Agriculture and Rural Development
Amendment 19 [Not moved] [Scheduled removed on vote]
Schedule 1
Leave out Schedule 1
Minister for Agriculture and Rural Development
Amendment 20 [Made]
New Schedule
After Schedule 1 insert -
‘SCHEDULE 1A
DOGS SPECIFIED FOR THE PURPOSES OF SECTION 6(7)
1.—(1) Spaniels of any breed or combination of breeds.
(2) Terriers of any breed or combination of breeds.
(3) Any breed commonly used for hunting, or any combination of such breeds.
(4) Any breed commonly used for pointing, or any combination of such breeds.
(5) Any breed commonly used for retrieving, or any combination of such breeds.’
Chair, Committee for Agriculture and Rural Development
Amendment 21 [Made]
Schedule 2 , Page 35, Line 34
After ‘(1)’ insert ‘Without prejudice to section 55(3),’
Minister for Agriculture and Rural Development