Return of Expenditure Incurred and Prosecutions Taken Under The
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www.defra.gov.uk Return of expenditure incurred and prosecutions taken under the Animal Health Act 1981 and incidences of disease in imported animals for the year 2007 Department for Environment, Food and Rural Affairs Nobel House 17 Smith Square London SW1P 3JR Telephone 020 7238 6000 Website: www.defra.gov.uk © Crown copyright 2008 Copyright in the typographical arrangement and design rests with the Crown. This publication (excluding the logo) may be reproduced free of charge in any format or medium provided that it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright with the title and source of the publication specified. Further copies of this publication are available from: DEFRA Publications Admail 6000 London SW1A 2XX Tel: 08459 556000 This document is also available on the Defra website. Published by the Department for Environment, Food and Rural Affairs. Printed in the UK on recycled material containing 80% post-consumer waste and 20% totally chlorine free virgin pulp. Product code PB12951 Department for Environment, Food and Rural Affairs Welsh Assembly Government, Department of Rural Affairs March 2008 Contents Annual Return 3 1 Table 1 Formal enforcement actions under the Animal Health Act 1981 and other animal health and welfare legislation by Local Authorities in 2007 4 2 Table 2 Compensation paid for animals slaughtered to prevent the spread of animal diseases in 2007 5 3 Table 3 Number of imported animals and birds landed and found to be affected by a notifiable disease in 2007 6 4 Table 4 Total number of other enforcement actions undertaken as recorded on the Defra Animal & Welfare Management and Enforcement System (AMES) by Local Authorities during 2007 7 ANNEXES Annex 1 Details of convictions achieved by Local Authorities during 2007 8 Annex 2 Explanation of enforcement sanctions 50 1 2 ANNUAL RETURN MADE UNDER SECTION 80 OF THE ANIMAL HEALTH ACT 1981 This statutory return is required to be made and laid before Parliament in accordance with Section 80 of the Animal Health Act 1981 and includes only data relating to England and Wales unless otherwise indicated. The Scottish Government Rural Directorate will compile a separate report. The Report covers prosecutions and other enforcement action taken under the Animal Health Act 1981 and other animal health and welfare legislation. 3 4 Formal enforcement actions1 under the Animal Health Act 1981 and other animal health & welfare legislation by 1: Table Local Authorities in 20072. Policy area: Home Office Cautions Issued3: Prosecutions initiated3: Convictions achieved3: Animal by-products 43 99 67 Biosecurity 2154 (including Animal Gatherings) Cattle identification, movement 36 108 50 and records Sheep and Goat identification, movement and 53618 records Pig identification, 294 movement and records Disease Control and Standing 138 54 30 Regime Controls Welfare on Farm 19 128 92 (including Medicine Records) Welfare during Transport 18 67 41 Welfare at Markets 13 20 3 (and other places of sale) 1See Annex 2 for a full explanation of the various enforcement sanctions. Table 4 lists other enforcement actions. 2This return is compiled from information supplied to the Department by Local Authorities using the Animal Health & Welfare Management & Enforcement Database (AMES). These figures include formal actions taken under legislation relevant to animal health and welfare identified against policy areas. 3Where partial information has been received data have been allocated against the most appropriate policy area. An individual may have multiple sanctions recorded against him or her. See Annex 1 for further details, including a list of all individuals convicted. Table 2: 2: Table Table Compensation paid for animals slaughtered to prevent the spread of animal diseases in 2007 Type of disease Amount (£): Bovine Spongiform Encephalopathy1 37,135 Bovine Offspring Cull (BOC)1 29,710 Cohort Cull1 255,786 Scrapie1 5,085 Compulsory Scrapie Flocks Scheme2 607,145 Bovine Tuberculosis 29,208,816 Foot and Mouth disease 793,751 Avian Influenza3 1,364,204 Bluetongue 5,534 Newcastle4 11,332 TOTAL GROSS COMPENSATION 32,318,498 Less receipts from salvage of carcasses: Bovine Tuberculosis 2,504,404 TOTAL NET COMPENSATION PAID 29,814,094 All figures have been rounded up to the nearest pound (£). 1This compensation is paid under Regulations made under the European Communities Act. These figures include compensation paid to Scottish producers. 2Compensation paid under this Scheme was first included in this report in 2006. This compensation is paid under Regulations made under the European Communities Act. 3Additional payments have been made in 2008 as a result of disputed valuations. 4Is a payment for final settlement for the 2005 Newcastle outbreak. 5 6 Table 3: Table Number of imported animals and birds landed and found to be affected by a notifiable disease in 2007 Countries of Methods of Legislation Type of Animal Number Ports of Landing Type of Disease origin disposal The Animals and Animal Products (Import and Export) (England) Regulations Cattle 21 Germany N/A Bluetongue Destroyed 2006 (made under the European Communities Act) Total number of other enforcement actions undertaken as recorded on the Defra Animal Health & Welfare Management & 4: Table Enforcement System (AMES) by Local Authorities during 2007 Referred to AH Oral Advice Written Advice Oral Warning LA Written for removal from Policy Area (as shown in Table 1) given issued given Warning movement by General Licence Animal by-products 904 432 171 169 0 Biosecurity (including Animal Gatherings) 902 230 394 98 2 Cattle identification, movement and records 2362 1856 511 794 1 Sheep and Goat identification, movement and records 6261 5928 984 834 1 Pig identification, movement and records 986 606 81 90 3 Disease Control and Standing Regime Controls 1658 1131 460 923 0 Welfare on Farm 1671 838 260 516 1 Welfare during Transport 799 198 450 381 0 Welfare at Market (and other places of sale) 508 137 175 136 1 Totals 16051 11356 3486 3941 9 The information within this table is broken down by the different policy areas as entered onto AMES. 136 Local Authorities in England and Wales entered data during the 2007 calendar year. Enforcement decisions are taken in accordance with the Cabinet Office Enforcement Concordat (see Annex 2). This places an emphasis upon fair, balanced and proportionate enforcement. 7 8 Annex 1: Details of convictions achieved by Local Authorities during 2007 The list below shows details of convictions reported to Defra by Local Authorities during 2007 Date of Name and Address of Offender Nature of Offence Relevant Act, Order or Regulation Result Offence 1 James Roland Hamer Lowe 08 May 06 Failure to dispose of category 1 Regulations 4(1), 5(1), 11(4) and Date of Hearing: 02 Feb 07 Holts Fold Farm, Bromley Cross, animal by-products, namely 26 sheep 11(5) of the Animal by-products Place: Bolton Magistrates’ Court Bolton BL7 9QD carcasses and 1 calf carcass found Regulations 2005. Plea entered: Guilty on the defendant’s land, in an Penalty: 10 weeks prison sentence, approved manner. suspended for 12 months. 200 hours community service. Costs Awarded: £586.27 2 Derek Lee Adamson 29 Mar 06 Moved sheep off premises within Article 4 of the Disease Control Order Date of Hearing: 26 Feb 07 40 Holborn Crescent, six days of other sheep moving 2003 and contrary to Section 73 of The Place: Chester Magistrates’ Court Wrexham, onto premises. Animal Health Act 1981. Plea entered: Guilty North Wales LL11 6LY Penalty: Total 5 months imprisonment 29 Mar 06 Failed to record movement of sheep. Article 5.1 and Section B of Council Costs Awarded: Nil Regulation (EC) No. 21/2004 and Article 14 of the Sheep and Goats (Record, Identification and Movement) Order 2005, contrary to Section 73 of the Animal Health Act 1981. 29 Mar 06 Failed to record movement of sheep. Article 5.1 and Section B of Council Regulation (EC) No. 21/2004 and Article 14 of the Sheep and Goats (Record, Identification and Movement) Order 2005, contrary to Section 73 of the Animal Health Act 1981. 22 Mar 06 Failed to notify Local Authority of Article 15(b) of the Disease Control movement of sheep. Order 2003, contrary to Section 73 of the Animal Health Act 1981. Date of Name and Address of Offender Nature of Offence Relevant Act, Order or Regulation Result Offence 3 John Bourne John Bourne 2 x Failure to dispose of animal 2 x Section 4(1) of the Animal Date of Hearing: 02 Apr 07 The Bank, Malpas, Cheshire The Bank, by-products. by-products Regulation 2005 made Place: Chester Magistrates’ Court Malpas, under Section 2(2) of the European Plea entered: Guilty Cheshire Communities Act 1972. Penalty: Total 3 months imprisonment Between suspended for Failure to keep records for 5 years, Article 20 of the Veterinary Medicines 10 May 06 and 12 months. following the administration of Regulation 2006 made under Section 2(2) 06 Sep 06 Costs Awarded: £1750 veterinary treatment. of the European Communities Act 1972. 2 x Caused unnecessary suffering to 2 x Section 1(1)(a) of the Protection of a bovine. Animals Act 1911. Failure to provide animals with Article 3(2) of the Welfare of Farmed adequate living conditions. Animals (England) Regulations 2000, contrary to 13(1) under Section 2 of the Agriculture (Miscellaneous Provisions) Act 1968. Failure to replace missing ear tags. Section 6(2) of the Cattle Identification Regulations 1998 made under Section 2(2) of the European Communities Act 1972. 4 George Edward Yoxall 17 Mar 06 and 2 x Caused unnecessary suffering to 2 x Section 1(1)(a) of the Protection of Date of Hearing: 28 Mar 07 New Farm, Occleston Green, 03 Apr 06 a bovine.