Gildernew introduces the Welfare of Animals Bill in the Assembly

Minister Michelle Gildernew MP, MLA today introduced the Welfare of Animals Bill to the Assembly.

Following the Bill’s introduction the Minister said: "The Welfare of Animals Bill is one of my key priorities and is part of my extensive programme of primary legislation which includes the Disease of Animals Act, the Forestry Bill and the Dogs (Amendment) Bill. The current welfare of animals legislation is almost 40 years old and while it has stood the test of time well, it no longer provides sufficient enforcement powers and associated fines and penalties for offences to deal with the wide spectrum of abuses that can affect the welfare of animals today.”

The Minister added: "The overall purpose of the Bill will be to prevent unnecessary suffering to any animal and set out obligations on people to secure the welfare of animals, including domestic pets, for which they are responsible. In particular, higher protection will be afforded to commonly domesticated animals, any animal under the control of man either temporarily or permanently, and any animal not living in a wild state.”

The Minister confirmed: "The Bill will also address the reported gap between the high protection afforded to farmed animals compared to the somewhat limited protection currently given to non-farmed animals."

The Minister concluded: "The Bill will increase the penalties for serious animal welfare offences, extend the powers of seizure and extend the ability to licence any activity involving animals. It will also ban the docking of dogs’ tails except where this is carried out by a veterinary surgeon as medical treatment."

Notes to editors:

1. The new Welfare of Animals Bill will replace the Welfare of Animals Act (NI) 1972. The overall purpose of the new Bill will be to prevent unnecessary suffering to any vertebrate animal, it will also set out obligations on people to promote the welfare of animals, including domestic pets, for which they are responsible. Invertebrate animals such as jelly fish, worms and insects etc, would not be covered by the Bill as there is insufficient scientific evidence at this time that invertebrates feel pain.

2. A key benefit of the Bill is that it will require a duty of care for non-farmed animals and provides powers to allow action to be taken to prevent them from suffering as opposed to, under current legislation, having to wait until they actually suffer before action can be taken. Any person, who has responsibility for an animal’s day to day care, whether temporarily or permanently, will be legally responsible for the animal’s welfare. New enforcement powers will provide for the issue of improvement notices, for which a person must comply, to improve the welfare of their animals. Improvement notices are already used in respect of farmed animals.

3. The Bill will ensure that animals should not be subjected to any kind of mutilation, except where it is justified to avoid suffering or as part of medical treatment by a veterinary surgeon. Tail docking of dogs will be banned, except as part of medical treatment by a veterinary surgeon or in circumstances to save the life of the dog. There will be no exemption for working dogs. It will be an offence to take a dog to another jurisdiction to have the tail docking procedure carried out.

4. There will be an increase in the current fines and penalties for welfare offences as follows:

• on summary conviction to a maximum of six months imprisonment and /or a maximum fine of £5,000;
• on conviction on indictment (trial by jury) to a maximum of two years imprisonment and /or an unlimited fine.

5. The Diseases of Animals Act (NI) 2010 which came into operation on 12 March 2010, introduces enhanced disease prevention, biosecurity and control measures to protect animal health status.

6. The Forestry Bill will replace outdated forestry law with new legislation, which will support a wider role for forestry in modern society and allow the Department to obtain better value from the forest estate. The Bill was agreed at Final Stage on 25 May and will now be submitted to the Secretary of State for Royal Assent.

7. The Dogs (Amendment) Bill will introduce compulsory microchipping, allow district council dog wardens to impose controls on dogs where there has been breach of dog control laws and make it an offence to allow a dog to attack and injure another person’s dog. The Bill was introduced to the Assembly on 24 May and it is planned for it to be enacted by spring 2011.

8. All media queries should be directed to the DARD Press Office on 028 9052 4619. Out of office hours please contact the duty press officer via pager number 07699 715 440 and your call will be returned.