Legislation

Annotations:

• Legislation is the development, enactment and application of laws. It is important for enforcement, education and encouragement.

1. 19th Century Legislation
   1. Legally, animals were a man's property to dispose of as he wished.
   2. Martin's Act 1822
      1. First success
      2. Made in an offense for anyone (including the owner) to wantonly and cruelly beat, abuse or ill treat any horse, mule, ass, ox, cow, heifer, steer, sheep or other cattle.
      3. Brought about the "Society for the Prevention of Cruelty to Animals (1824)
         1. Powerful contacts lobbied Parliament to extend to legislation to a wider range of species, increase penalties, ban animal baiting, require animals to be fed and allow licensed knackers yards.
         2. When Princess Victoria became a patron, the royal prefix was added in 1837 (RSPCA).
            1. Successful policy of inspection
            2. Education and tactical prosecution
            3. Built up a huge body of knowledge to inform the public
            4. Very effective and powerful use of patronage.
         3. Battled with legal principle of what happened on private land was beyond the law because of personal freedom.
   3. Significant legal development happened in this period
      1. Provision for the prevention of cruelty
      2. Included domestic animals in that protection
      3. Liability of 3rd party e.g. bosses who demanded workers to abuse animals
      4. Established "causing unnecessary pain and suffering
   4. Legislation now had to cover more things:
      1. Vivisection
      2. Veterinary Practice
      3. Prevention of disease
      4. Wildlife protection
      5. Live animal exports
      6. Wild animals in captivity
2. The Protection of Animals Act 1911
   1. Brought about by George Greenwood (MP for Peterborough)
   2. Consolidation and clarification of all the legislation since Martin's 1822 act
   3. Basis of current legislative framework
   4. Hypocrisy of noble aristocratic vs. lower class field sports still apparent..

      Annotations:

      • "...chase a calf or a donkey either "till it is torn to pieces or "till it sinks from weariness , would be.. a cruel act.. do the same to a deer is a noble and royal sport"
   5. Wild animals are property of landowner who has property rights over them.
   6. Could not act to remove an animal when welfare is threatened until cruelty had taken place and can be prosecuted.
3. British Human Rights Act 1998
   1. Provides protection of owners to enjoy their property
   2. Lobbies for animals to change status from property to sentient beings with their own rights.
4. World's Trade Union (WTO)
   1. International, multilateral trading system in respect of goods, services and intellectual property, dedicated to open, fair and undistorted competition.
   2. Cannot refuse imports of goods based on animal welfare in their production
   3. Potential to severely restrict developments of further domestic/EU animal welfare law
5. Treaty of Rome (1957)
   1. Promotes harmonious trade and economical policies to increase European stability, standards of living and Political relationships
   2. Requires member states to adapt their legislation to accommodate this aim.
   3. Includes European Acts on matters that effect all states e.g. minimum standards for live animal transport.
6. UK Law - Animal Welfare Act 2006
   1. marks a milestone in animal welfare legislation
   2. Brings together and modernises welfare legislation.
      1. Relating to farmed and non-farmed animals
      2. Relating to farm and non-farm animals
      3. Explicitly includes companion animals for the first time
   3. Introduces a duty on owners and keepers for any animals they are responsible for
      1. All vertebrate animals
      2. Ensures the welfare of animals in their care
      3. For the first time enforcement can be taken even before neglect has taken place - if there is a risk.
   4. Reduce animal suffering by enabling preventative action to be taken before suffering occur and places a responsibility on owners.
   5. Deters persistent offenders by strengthening penalties and eliminating loopholes in the system
   6. Strengthens and amends current offences for animal fighting.
   7. Increases minimum age (12-16) for purchasing an animal.
   8. Prohibits pets and prizes to unaccompanied children under 16
   9. Bans mutilation of animals e.g. tail and ear docking
   10. Penalties
       1. Improvement notice
          1. Tells the owner what steps need to be taken out to improve it and a time limit.
       2. Criminal prosecution
7. Wildlife and Countryside Act (1981)
   1. Legislative protection of wildlife in GB
   2. Prohibits the release of non-native species
   3. Restriction to killing and capture methods.
      1. Prohibits self-locking snares
      2. Prohibits use of live decoys
      3. Prohibits use of autonomic and semi-autonomic weapons, artificial lights and smoke
      4. Prohibits many forms of killing/taking wild birds (e.g. crossbow and explosives)
8. Veterinary Surgeons Act (1996)
   1. Management and training and regulation of veterinary professionals
   2. "No individual shall practice, or hold himself out as practising or as being prepared to practice, veterinary surgery unless registered in the register of veterinary surgeons or supplementary veterinary register"
   3. Some exemptions are included:
      1. Treatment and operations on farm animals
      2. Administering medications under direction
      3. Amendments have altered the list of exemptions such as allowing vet nurses to do some things
9. Breeding and Sale of Dogs Act (1999)
   1. Aims
      1. Amend and extend certain enactments related to the commercial breeding and sale of dogs
      2. Regulate the welfare of dogs kept in commercial breeding establishments
      3. Extend powers of inspection
      4. Establish records of dogs in these etablishments
10. Pet Animals Act (1969)
    1. Allows local authority to licence placing selling an animal
    2. It is illegal to sell animals to children under 16 in public places without a licence.
    3. Maintains the welfare of animals for sale
    4. A pet shop licence cost approximately £162
    5. Has not kept up to date with selling pets online.
11. Dangerous Dogs Act (1991-1997)
    1. In response to a dog attack on a child
    2. Aim is to control "types" of dogs considered as dangerous
    3. Also aims to control dogs that is dangerously out of control
    4. Four dogs are prohibited in the UK
       1. Pitbull Terrier
       2. Japanese Tosa
       3. Dogo Argentino
       4. Fila Brasilerio
    5. It is an offence to own or keep any of those dogs unless it is on the Index of Exempted dogs.
12. Dangerous Wild Animal Act (1976)
    1. Stops people keeping dangerous animals (i.e. big cats) as pets.
    2. Aims to ensure that where private individuals keep wild animals they do so so that it does not risk the public
    3. Include most large herbivores, most large carnivores, fanged snakes, some birds and some reptiles
13. Hybrids of domestic animals act
    1. Bengal cat is not deemed as dangerous
14. Endangered species act (1976)
    1. Any specimen (plant or animal alive or dead) being imported or exported or brought to any place must have documentation to do so if it requires it
    2. Prohibits the trade of species that are threatened with extinction
15. CITES
    1. Convention on International Trade of Flora and Fauna
    2. Introduced to deal with international concern about uncontrolled trade in threatened plant and animal species
    3. Ensures the safeguard of these resources for the future.
    4. Currently protects more than 30000 species of animals and plants