Review and Updating and Updating Local Animal Welfare Legislation (July 2010 update)

The following notes have been prepared to give an outline explanation of the processes that have been completed and the work that is yet to be finished to develop revised and extended legislation protecting animals from neglect and cruelty.
 
An overview of the scope of new legislation is given and how it is anticipated that this will be enforced.  A list of existing local ordinances which protect animals and wildlife is included. 

A. Background

The development of the new animal welfare legislation was instigated by a petition signed by 13,000 islanders some 10 years ago.

A review was undertaken by a sub-committee set up by the Agriculture and Countryside Board and chaired by the President of the Board (Deputy Peter Roffey). The Sub-Committee included representatives from local veterinary practices, the principal welfare organisations, the Guernsey Farmers Association, and the RSPCA (who gave valuable advice based on their vast experience in the UK and elsewhere). There was a wide consultation and a comprehensive States Report produced and approved by the States in 2003

An Enabling Provisions Law was subsequently approved by the Privy Council and registered in the Island in 2008. This brings in no direct powers in itself, other than one that enables the development of new ordinances.

There are, currently in force, a number of pieces of legislation that protect animals from acts of cruelty. Animals are not, therefore without protection from legislation because the new ordinances have not yet been drafted and brought into effect.

B. Powers
 
The new ordinances will be a combination of:

• a consolidation of existing laws (with appropriate updating) and
• new measures that were considered necessary because existing regulation was absent (e.g. licensing boarding kennels and establishments handling animals).

The intention is:

• that the new legislation will protect animals from acts of cruelty, abuse or mistreatment.
• that the owner or keeper of an animal will have a duty to ensure that the needs of that animals are met.
• that existing animal welfare codes will be updated and republished.
• that the regulation of activities such as the slaughtering of animals for food, control of vermin, hunting, etc will be modernised.
• that premises such as catteries and kennels, pet shops, liveries and riding stables will require a licence.
• it will be possible to regulate the ownership of certain animals, such as fighting dogs and other dangerous animals either by prohibiting ownership or requiring an owner to be licensed.
• that various professions will be regulated (currently only veterinary surgeons and slaughtermen are regulated). But anyone who worked with animals could be regulated in the future if it was considered necessary.

It was pointed out at the time, and it is still the case that the Island does have a number of pieces of animal welfare/animal protection legislation in place under which prosecutions can be brought.  This is often overlooked by concerned members of the public. 

C. Producing the new legislation

The Department has to provide the legislation drafting team at the Law Officers’ Chambers with detailed instructions on which the drafting of the necessary ordinances will be based.  It does not control the availability of legal drafting resources, but it can and has set out a programme for the drawing up its part of the work – that is developing the so called drafting instructions. The programme for this was set out in 2009 as follows:

1. Protection and welfare of animals (including licensing of premises) – this brings together many existing provisions into a modern context –2010. 

2. Ownership of animals –2011.

3. Licensing of professions –2012.

The first element of this work was completed by March 2010 and the awaiting legal drafting resources, which the Department now understands should be available by or before September 2010. The Minister has instructed staff to do all they can to complete both of the remaining drafting instructions in 2011 if at all possible.

There will be a need to do some targeted consultation; for example, in advance of establishing the licensing of premises.

D. Enforcement

Under existing arrangements, suspicion of cruelty must be reported to the Police. Only the Police have powers of entry and to seize an animal. The SVO may be asked to attend and to provide professional advice. The animal welfare charities have no rights or powers.

The arrangements under the new legislation will have to be hammered out with the lawyers of The Law Officers’ Chambers, however, as far as reporting suspicion of cruelty goes, the new arrangements are unlikely to be that different to the current procedures.

The new legislation includes provisions for powers of entry and the seizure of animals and other things. These powers have to be used with care and it is likely that they will only be vested in the Police.

One possible exception might be powers to seize strays which could be granted to the GSPCA as an extension of its existing relationship with the Department regarding the collection and detention of stray dogs.

E.  Existing Legislation

The following Ordinances are in force and will be replaced in due course by the new legislation that is in preparation

• Stray Dogs Ordinance, 1941 (amended 1952, 1979, 1988 & 1990)
• Veterinary Surgery and Animal Welfare Ordinance, 1987
• Ordonnance pour la Protection des Pigeons, 1933 (amended 1985)
• Protection of Wild Birds Ordinance, 1949 (amended 1965, 1974 & 1981)
• Control of Birds Ordinance, 1985
• Protection of Animals Ordinance, 1976 (amended 1986 &1992)
• Dogs (Liability for Injury and Protection of Livestock) Ordinance, 1982
• Ordonnance pour la Protection des Brebis, 1860
• Protection of Game Ordinance, 1994
• Pests (Control and Destruction) Ordinance, 1965 (amended 1982)
• Animal Experiments (Bailiwick of Guernsey) Law, 1991 (insofar as it relates to Guernsey)
• Slaughter of Livestock (Use of Humane Killers) Ordinance, 1948 (amended 1996)

July 2010