P R O C E E D I N G S O F T H E G I B R A L T A R P A R L I A M E N T AFTERNOON SESSION: 3.17 p.m. – 9.45 p.m. Gibraltar, Friday, 12th July 2019 Contents Bills ................................................................................................................................................... 2 First and Second Reading ................................................................................................................. 2 Pet Animals (Sales) (Amendment) Bill 2019 – First Reading approved .................................... 2 Pet Animal (Sales) (Amendment) Bill 2019 – Second Reading approved ................................. 2 Pet Animals (Sales) (Amendment) Bill 2019 – Committee Stage and Third Reading to be taken at this sitting ................................................................................................................... 4 Crimes (Amendment) Bill 2019 – First Reading approved ........................................................ 4 Crimes (Amendment) Bill 2019 – For Second Reading – Debate commenced......................... 5 The House recessed at 6.47 p.m. and resumed its sitting at 7.03 p.m. .................................. 43 Crimes (Amendment) Bill 2019 – Debate continued – Second Reading approved ................ 43 Committee Stage and Third Reading .............................................................................................. 68 Crimes (Amendment) Bill 2019 – Committee Stage and Third Reading to be taken at this sitting ...................................................................................................................................... 68 In Committee of the whole House .......................................................................................... 68 Crimes (Amendment) Bill 2019 – Clauses considered and approved ..................................... 68 Crimes (Amendment) Bill 2019 – Third Reading approved: Bill passed ................................. 76 Adjournment .................................................................................................................................. 76 The House adjourned at 9.45 p.m. .......................................................................................... 76 _______________________________________________________________________________ Published by © The Gibraltar Parliament, 2019 GIBRALTAR PARLIAMENT, FRIDAY, 12th JULY 2019 The Gibraltar Parliament The Parliament met at 3.17 p.m. [MR SPEAKER: Hon. A J Canepa CMG GMH OBE in the Chair] [CLERK TO THE PARLIAMENT: P E Martinez Esq in attendance] BILLS FIRST AND SECOND READING Pet Animals (Sales) (Amendment) Bill 2019 – First Reading approved Clerk: A Bill for an Act to amend the Pet Animals (Sales) Act 2005. The Hon. the Minister for the Environment, Energy, Climate Change and Education. 5 Minister for the Environment, Energy, Climate Change and Education (Hon. Dr J E Cortes): Mr Speaker, I have the honour to move that a Bill for an Act to amend the Pet Animals (Sales) Act 2005 be read a first time. 10 Mr Speaker: I now put the question, which is that a Bill for an Act to amend the Pet Animals (Sales) Act 2005 be read a first time. Those in favour? (Members: Aye.) Those against? Carried. Clerk: The Pet Animals (Sales) Act 2005. Pet Animal (Sales) (Amendment) Bill 2019 – Second Reading approved Minister for the Environment, Energy, Climate Change and Education (Hon. Dr J E Cortes): 15 Mr Speaker, I have the honour to move that the Bill be now read a second time. In the almost 15 years since the Pet Animals (Sales) Act 2005 was enacted, awareness and concern for the welfare of animals bought and sold in pet shops has grown considerably. Attitudes towards the keeping of pets generally has developed, public campaigns for responsible ownership of animals are widespread and there is increasing demand for pet shops to source 20 animals from responsible and reputable breeders rather than contribute to the cruel industry of puppy mills and other forms of pet farms which can leave animals with serious health and behavioural problems caused by poor conditions and treatment. The amendments to this Act seek to ensure that pet shops in Gibraltar are bound by law to observe high standards of animal welfare, from the moment an animal is sourced from a 25 breeder to the point of sale to a customer and the whole period in between while the pet shop is responsible for it. A more recent policy change which has received considerable public backing in the UK is the so-called Lucy’s Law, being the ban on the sale by pet shops of puppies and kittens they have not bred themselves. This Act aims to protect against the same concerns, ________________________________________________________________________ 2 GIBRALTAR PARLIAMENT, FRIDAY, 12th JULY 2019 albeit in a manner which is appropriate for the particular circumstances of Gibraltar and in 30 particular the fact that many members of the public will purchase pets across the border. In the new provisions with relation to licence conditions when granting a licence to operate a pet shop, the licensing officer imposes conditions to be complied with by the licensee. While previously the licensing officer imposed conditions in accordance with best practice, these conditions will now have statutory backing and will be contained within regulations which will be 35 enacted following this Act. In addition, the Act provides for the inclusion in the licence of certain conditions to be mandatory, including conditions relating to specific species being sold and prescribing a minimum age for the sale of certain species of animals. This will address the sale of mammals at very early ages, where removing them from their biological mothers and transporting them can have serious adverse impacts on their health and development. 40 In addition to the existing matters a licensing officer must have regard to when granting a licence, the Act has added the requirement for cats and dogs under four months of age to have been bred by approved breeders. A pet shop or breeder can apply to the licensing officer for approval and must demonstrate compliance with certain standards of animal welfare. This includes, keeping the number of animals kept within an area which is reasonable considering the 45 space and staff on the premises, and not breeding animals if causing them to breed would have a detrimental effect on health or well-being. The approval must be renewed annually, thus ensuring that standards do not slip once the approval is obtained. A consequential amendment will be made to the Animals Rules to ensure that the same standards are met when considering whether an import licence will be granted to a person who is importing dogs and cats under four 50 months old for commercial purposes. The age of children to whom pet animals can be sold will also vary. The age of a child to whom a pet shop may sell a pet animal has been raised from 12 to 16. This reinforces the view that pet animals are a considerable long-term responsibility rather than a temporary source of entertainment or a toy. This section has also been extended so as to create a new offence of 55 entering into an arrangement with a child where an animal can be won as a prize. The criminal implications for the commission of an offence under this Act have not been amended. However, in order to more efficiently clamp down on improper conduct by pet shops, the powers to revoke a pet shop licence or disqualify a person from keeping a pet shop have been extended to the licensing officer, being the Environmental Agency and the Minister with 60 responsibility for the environment. In addition, where there are reasonable grounds to believe any premises are being used for the sale of pets without a licence, magistrates may grant a warrant for those premises to be inspected. This has now been extended to allow for a warrant to be granted to search private dwellings, as unfortunately instances of pets being improperly kept for commercial purposes in homes have come to light. 65 Lastly, Mr Speaker, if a person was convicted of an offence under the Act, previously only the court could cancel a pet shop licence. The amendment to this Act will allow the licensing officer or Minister to revoke licences in such cases while preserving the right of the licence holder to appeal to the court. With these, I think marked, improvements in the interests of the welfare of animals, I 70 commend this Bill to the House. (Banging on desks) Mr Speaker: Before I put the question, does any hon. Member wish to speak on the general principles and merits of the Bill? Yes, the Hon. the Leader of the Opposition. 75 Hon. E J Phillips: Mr Speaker, I welcome the Bill presented by the hon. Gentleman. I just have one question. Insofar as the non-commercial importation of pets, and particularly given the fact the United Kingdom introduced regulations on 1st October 2018 of which the purpose of that was to ensure, and to compel individuals who were purchasing pets to conduct the transaction in person to avoid, of course, online transactions in relation to animals, how 80 does that sit with this Bill insofar as the border is concerned and the fact that people do buy pets ________________________________________________________________________ 3 GIBRALTAR PARLIAMENT, FRIDAY, 12th JULY 2019 and transport them across the border? I would just like a bit more information about that aspect in relation to this Bill and how it interacts with it. Mr Speaker: Does any other hon. Member wish to speak on