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Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019

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Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 LEGISLATIVE COUNCIL PORTFOLIO COMMITTEE NO. 4 Provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 Report 45 4 September 2020 www.parliament.nsw.gov.au LEGISLATIVE COUNCIL Portfolio Committee No. 4 - Industry Provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 Ordered to be printed 24 September 2020 Report 45 - September 2020 i LEGISLATIVE COUNCIL Provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Legislative Council. Portfolio Committee No. 4 – Industry. Provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 / Portfolio Committee No. 4 – Industry [Sydney, N.S.W.] : the Committee, 2020. [viii, 42] pages ; 30 cm. (Report no. 45 / Portfolio Committee No. 4 – Industry) “September 2020” Chair: Hon. Mark Banasiak, MLC. ISBN 9781920788841 1. New South Wales. Parliament. Legislative Council—Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019. 2. Animal welfare—Law and legislation—New South Wales. 3. Livestock—Law and legislation—New South Wales. I. Banasiak, Mark. II. Title. III. Series: New South Wales. Parliament. Legislative Council. Portfolio Committee No. 4 – Industry. Report ; no. 45 344.944049 (DDC22) ii Report 45 - September 2020 PORTFOLIO COMMITTEE NO. 4 - INDUSTRY Table of contents Terms of reference iv Committee details v Chair’s foreword vi Recommendations vii Conduct of inquiry viii Chapter 1 Background and overview 1 Referral 1 Background 1 Provisions of the bill 2 Chapter 2 Key issues 5 Ban on mulesing 5 Arguments in favour of the ban 6 Arguments against the ban 11 Mandatory pain relief for other stock procedures 14 Arguments in favour of making pain relief mandatory 14 Arguments against making pain relief mandatory 17 Committee comment 19 Appendix 1 Submissions 21 Appendix 2 Witnesses at hearing 23 Appendix 3 Minutes 25 Appendix 4 Dissenting statement 41 Report 45 - September 2020 iii LEGISLATIVE COUNCIL Provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 Terms of reference That: (a) the provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019, the bill be referred to Portfolio Committee No. 4 – Industry for inquiry and report by the last sitting day in September 2020, and (b) the second reading and subsequent stages not proceed until the report of the committee has been tabled. The terms of reference were referred to the committee by the Legislative Council on 17 June 2020,1 with the reporting date extended on 18 June 2020.2 1 Minutes, NSW Legislative Council, 17 June 2020, p 1064. 2 Minutes, NSW Legislative Council, 18 June 2020, p 1076. iv Report 45 - September 2020 PORTFOLIO COMMITTEE NO. 4 - INDUSTRY Committee details Committee members The Hon Mark Banasiak MLC Shooters Fishers and Farmers Party Chair The Hon Lou Amato MLC Liberal Party The Hon Catherine Cusack MLC Liberal Party The Hon Sam Farraway MLC The Nationals The Hon Mark Pearson MLC* Animal Justice Party The Hon Peter Primrose MLC Australian Labor Party The Hon Mick Veitch MLC Australian Labor Party Contact details Website www.parliament.nsw.gov.au Email [email protected] Telephone (02) 9230 2282 * The Hon Mark Pearson MLC substituted for the Hon Emma Hurst MLC from 25 June 2020 for the duration of the inquiry. Report 45 - September 2020 v LEGISLATIVE COUNCIL Provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 Chair’s foreword The Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 seeks to amend the Prevention of Cruelty to Animals Act 1979 to prohibit the performance of the Mules procedure on sheep from 1 January 2022, as well as to require the administration of pain relief in certain procedures involving stock animals. The bill raises fundamental questions about what is in the best interests of sheep and other animals involved in stock procedures. While there were widely differing views expressed in this inquiry as to how the best interests of the animals are served, it was clear that welfare concerns are front of mind for both industry and animal welfare groups. Based on the evidence, the committee concluded that banning mulesing from 1 January 2022 and making the use pain relief mandatory in certain stock procedures, as the bill proposes, is not the right way forward. I also want to note that the Legislative Council has already voted on this bill, where it was defeated on the second reading. Whilst this inquiry has given the committee an opportunity to further examine issues at the heart of the bill and to hear from stakeholders about their views, nothing about the bill has changed since the House voted it down. For this reason, the committee has recommended that the bill not proceed in its current form. On behalf of the committee, I wish to express my gratitude to my committee colleagues and all who participated in the inquiry. The Hon Mark Banasiak MLC Committee Chair vi Report 45 - September 2020 PORTFOLIO COMMITTEE NO. 4 - INDUSTRY Recommendations Recommendation 1 20 That the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 not proceed in its current form. Report 45 - September 2020 vii LEGISLATIVE COUNCIL Provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 Conduct of inquiry The terms of reference for the inquiry were referred to the committee by the Legislative Council on 17 June 2020. The committee received 32 submissions. An online questionnaire was also conducted which received 13,076 individual responses. The committee held one public hearing at Parliament House in Sydney. Inquiry related documents are available on the committee’s website, including submissions, hearing transcripts, the report on the online questionnaire, tabled documents and answers to questions on notice. viii Report 45 - September 2020 PORTFOLIO COMMITTEE NO. 4 - INDUSTRY Chapter 1 Background and overview This chapter provides background on the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019, along with an overview of the current practice regarding mulesing. It also examines the changes proposed by the bill to the Prevention of Cruelty to Animals Act 1979, including banning mulesing from 1 January 2022 and requiring the administration of pain relief in certain procedures involving stock animals. Referral 1.1 The Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 (hereafter, the bill) was introduced into the Legislative Council on 22 August 2019 by the Hon Mark Pearson MLC. On 27 February 2020, the bill was negatived on the second reading. 1.2 On 17 June 2020, on the motion of the Hon Mark Pearson MLC the bill was restored to the Notice Paper to allow it to be referred to Portfolio Committee No. 4 – Industry for inquiry and report by 24 September 2020. Background 1.3 Mulesing (also referred to as the Mules procedure) is currently legal across all Australian jurisdictions. Within New South Wales, its performance is regulated by s 24(1) of the Prevention of Cruelty to Animals Act 1979. This section provides a defence to an offence under Part 2 of the Act where the procedure is performed: on a sheep less than 12 months of age for the purpose of mulesing in a manner that inflicts no unnecessary pain upon the animal.3 1.4 Mulesing refers to the surgical removal of the breech, tail, skin folds or wrinkles of a sheep. As the NSW Government submission notes, mulesing is generally undertaken to reduce the likelihood of the animal developing flystrike.4 Flystrike occurs when a blowfly lays eggs on the skin of the sheep and the emerging larvae create an open wound as they feed on the underlying skin tissue. The condition can be fatal if left untreated.5 1.5 During his second reading speech on the bill, the Hon Mark Pearson MLC described how the procedure is performed: The procedure is usually undertaken on a lamb at less than six months of age. The lamb is constrained in a device known as a cradle. While laid prone on its back, a pair of sharp 3 Submission 4, RSPCA Australia and RSPCA New South Wales, p 3. 4 Submission 28, NSW Government, p 4. 5 Submission 28, NSW Government, p 7. Report 45 - September 2020 1 LEGISLATIVE COUNCIL Provisions of the Prevention of Cruelty to Animals Amendment (Restrictions on Stock Animal Procedures) Bill 2019 shears or another sharp implement is used to cut away at the skin around the breech area.6 1.6 The administration of pain relief for mulesing is not currently required under the Prevention of Cruelty to Animals Act 1979. However, according to the NSW Government submission, its administration is considered part of best practice under the Australian Animal Welfare Standards and Guidelines: … the Australian Animal Welfare Standards and Guidelines … state that where mulesing is performed, it is best practice for lambs to be mulesed between 2 and 12 weeks old, accompanied by pain relief where practical and cost-effective methods are available.7 1.7 Evidence received from a number of stakeholders, including the Pastoralists Association
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