Welfare of Animals Bill
Purpose: to bring protection for non-farmed animals into line with standards on farms.
One of old Stormont Parliament’s last laws, the Welfare of Animals Act (Northern Ireland) 1972 was designed to prevent unnecessary suffering but has frequently been criticised by campaigners for being out of date. If enacted, this Bill will replace the law.
The main new offence is causing physical or mental suffering to an animal, whether deliberately or by omission, unless this is necessary or allowed under the law. Examples include the castration of lambs by farmers, scientific research procedures, hunting, coursing or fishing.
Its focus is on protecting vertebrates (fish, amphibians, reptiles, mammals and birds) as these species can sense pain and suffering. A further definition of ‘protected animal’ refers to those which are usually domesticated.
Other new offences include failing to take reasonable steps to ensure an animal’s welfare, and the selling or giving animals away as a prize to under 16s; the latter could mean that children could not win a goldfish as a prize, unless the parent is with them and agrees to it. Docking of dogs’ tails is banned except for veterinary reasons.
Abandonment becomes an offence, whether or not the animal is likely to suffer. The law against animal fights is also strengthened with offences for those taking part, organising, publicising, betting or training fighting animals. Poisoning a protected animal is also made an offence.
DARD first put out proposals in 2006. Meetings continued after devolution was restored and officials also studied new legislation in Britain. A spokesman said that it had been important to draw on lessons learnt in England and Wales, and Scotland, following the introduction of their Animal Welfare Acts.
For the first time, DARD will have the power to seize farm animals. The cost of keeping seized animals will be reclaimed through the courts. Councils will enforce the law for non-farmed animals.
If a protected animal is in distress, an inspector or constable can take immediate steps to alleviate its suffering. A magistrate’s warrant is needed to enter a home, except in emergencies. The magistrate’s court can then make an order for what should be done with a detained animal; appeals can be made to the county court.
Inspectors can impose improvement notices, to demand that an animal is better treated.
Penalties on conviction include a fine up to level 5 (£5,000 at present) and imprisonment up to six months. For serious offences, an unlimited fine or up to two years’ imprisonment can be imposed.
A deprivation order will also allow the courts to confiscate an animal from a convicted owner. A person can also be disqualified from owning or keeping animals for a period of time. The court also has the power to order an animal to be destroyed.
During the second reading, Tom Elliott said the Bill was important but also “almost void of any detail”. Elliott claimed that DARD had “tried to steer clear of controversy.” Jim Wells called for a ban on animals in circuses, puppy farming and the “extremely cruel” killing of lobsters in boiling water.
Michelle Gildernew stated that the Bill provided an “overarching legal basis” which allowed the law to be flexible. Extra regulations could be used to ban practices, if recommended by scientific advice. Lobsters were excluded as they were invertebrates. The Bill was passed without a vote.
She expected the Bill would become law before the Assembly election if the committee stage concluded by early December. The current deadline is
13 December.
First reading 21 June 2010
Second reading 29 June 2010
