House of Commons Environment, Food and Rural Affairs Committee The Animal Welfare Bill Third Report of Session 2005–06 Report, together with formal minutes, oral and written evidence Ordered by The House of Commons to be printed 7 December 2005 HC 683 Published on 14 December 2005 by authority of the House of Commons London: The Stationery Office Limited £14.50 Environment, Food and Rural Affairs Committee The Environment, Food and Rural Affairs Committee is appointed by the House of Commons to examine the expenditure, administration, and policy of the Department for Environment, Food and Rural Affairs and its associated bodies. Current membership Mr Michael Jack (Conservative, Fylde) (Chairman) Mr David Drew (Labour, Stroud) James Duddridge (Conservative, Rochford & Southend East) Patrick Hall (Labour, Bedford) Lynne Jones (Labour, Birmingham, Selly Oak) Daniel Kawczynski (Conservative, Shrewsbury & Atcham) David Lepper (Labour, Brighton Pavilion) Mrs Madeleine Moon (Labour, Bridgend) Mr Jamie Reed (Labour, Copeland) Mr Dan Rogerson (Liberal Democrat, North Cornwall) Sir Peter Soulsby (Labour, Leicester South) David Taylor (Labour, North West Leicestershire) Mr Shailesh Vara (Conservative, North West Cambridgeshire) Mr Roger Williams (Liberal Democrat, Brecon & Radnorshire) Powers The Committee is one of the departmental select committees, the powers of which are set out in House of Commons Standing Orders, principally in SO No. 152. These are available on the Internet via www.parliament.uk. Publications The Reports and evidence of the Committee are published by The Stationery Office by Order of the House. All publications of the Committee (including press notices) are on the Internet at www.parliament.uk/efracom. Committee staff The current staff of the Committee are Matthew Hamlyn (Clerk), Jenny McCullough (Second Clerk), Jonathan Little and Dr Antonia James (Committee Specialists), Marek Kubala (Inquiry Manager), Andy Boyd and Alison Mara (Committee Assistants) and Lizzie Broadbent (Secretary). Contacts All correspondence should be addressed to the Clerk of the Environment, Food and Rural Affairs Committee, House of Commons, 7 Millbank, London SW1P 3JA. The telephone number for general enquiries is 020 7219 5774; the Committee’s e-mail address is: [email protected]. The Animal Welfare Bill 1 Contents Report Page The Animal Welfare Bill 3 Formal Minutes 5 Witnesses 6 List of written evidence 7 The Animal Welfare Bill 3 The Animal Welfare Bill 1. In 2004 our predecessor Committee undertook detailed scrutiny of the Government’s draft Animal Welfare Bill, published in July that year. The Committee’s Report was published on 8 December 2004 and the Government replied on 14 February 2005.1 Defra accepted a great many of the Committee’s recommendations, particularly in relation to the structure of the Bill and the drafting of its definitions. The Department also promised to revisit the Regulatory Impact Assessment it had prepared for the draft Bill—a key document, given the range and extent of the delegated powers provided for in the draft Bill. 2. The Animal Welfare Bill was presented on 13 October 2005. On 24 October 2005 we announced a short inquiry to follow up the work of our predecessor Committee. We received 22 memoranda and are grateful to all those who submitted written evidence. We benefited from informal briefings from Defra officials and from Mr Mike Radford, Reader in Law at the University of Aberdeen, who also submitted written evidence.2 We held a single oral evidence session on 15 November with the Minister for Animal Welfare, Mr Ben Bradshaw MP, and Defra officials. 3. In replying to our predecessor Committee’s Report on the draft Bill, the Secretary of State said: The Committee’s hearings and the Report itself have been of considerable assistance in helping me improve the Bill, and I am confident that the Bill I am preparing for introduction is better as a result.3 Defra officials echoed her remarks in evidence to our inquiry.4 4. We are pleased that the Government has taken up our predecessor Committee’s recommendations in key areas and we agree that the process of pre-legislative scrutiny has helped to produce a better drafted Bill. Our predecessor Committee was especially concerned about the scope of the secondary legislation to be introduced by the Bill. We were therefore glad to receive reassurances from the Minister that the Government intends to undertake “full consultation” on the individual issues to be dealt with by means of secondary legislation.5 We share our predecessor Committee’s interest in the proposed secondary legislation on such matters as the docking of dogs’ tails, pet fairs, performing animals and animal sanctuaries,6 and we reiterate our predecessor Committee’s call for public consultation on, and the closest possible Parliamentary scrutiny of, the proposed secondary legislation in these areas.7 We also welcome the Animal Welfare Minister’s 1 Environment, Food and Rural Affairs Committee, First Report, Session 2004–05, The Draft Animal Welfare Bill, HC 52- I; Environment, Food and Rural Affairs Committee, Fourth Special Report, Session 2004–05, The Draft Animal Welfare Bill: Government Reply to the Committee’s Report, HC 385 2 Ev 58 3 HC (2004–05) 385, p1 4 Q 2 5 Q 81 6 HC (2004–05) 52-I, paras 336–341, 302–317, 370–385 and 362–369 7 HC (2004–05) 52-I, paras 316 and 367; paras 180–185 4 The Animal Welfare Bill commitment that the House will be given the opportunity to express its opinion on tail docking during the passage of the Bill.8 5. We are publishing all the written and oral evidence received as a follow-up to our predecessor Committee’s work and hope that it will inform the House’s scrutiny of the Bill at Second Reading and at subsequent stages. 8 Q 76 The Animal Welfare Bill 5 Formal Minutes Wednesday 7 December 2005 Members present: Mr Michael Jack, in the Chair Mr David Drew Mr Dan Rogerson James Duddridge Sir Peter Soulsby Patrick Hall David Taylor Lynne Jones Mr Shailesh Vara David Lepper Mr Roger Williams *** Draft Report [The Animal Welfare Bill], proposed by the Chairman, brought up and read. Ordered, That the draft Report be read a second time, paragraph by paragraph. Paragraphs 1 to 5 read and agreed to. Resolved, That the Report be the Third Report of the Committee to the House. Ordered, That the Chairman do make the Report to the House. Several papers were ordered to be appended to the Minutes of Evidence. Ordered, That the Appendices to the Minutes of Evidence taken before the Committee be reported to the House. *** [Adjourned till Wednesday 14 December at 2.30 p.m. 6 The Animal Welfare Bill Witnesses 15 November 2005 Page Mr Ben Bradshaw MP, Minister for Local Environment, Marine and Animal Welfare, Mr John Bourne, Head of Animal Welfare Division, and Ms Caroline Connell, Lawyer, Department for Environment, Food and Rural Affairs Ev 12 The Animal Welfare Bill 7 List of written evidence 1. Department for Environment, Food and Rural Affairs Ev 1, Ev 24 2. Kennel Club Ev 25 3. British Veterinary Association Ev 25 4. Centre for Animal Welfare and Anthrozoology Ev 27 5. The Dogs Trust Ev 28 6. Association of Lawyers for Animal Welfare Ev 29 7. Bio Veterinary Group Ev 32 8. Animal Defenders International Ev 33 9. RSPCA Ev 36, Ev 65 10. International Fund for Animal Welfare (IFAW) Ev 43 11. National Gamekeepers’ Association Ev 47 12. The Gamer Farmers’ Association Ev 47 13. Country Land and Business Association (CLA) Ev 48 14. National Farmers Union (NFU) Ev 49 15. Peoples Dispensary for Sick Animals (PDSA) Ev 50 16. League Against Cruel Sports Ev 51 17. The Captive Animals’ Protections Society (CAPS) Ev 52 18. The Shellfish Network Ev 53 19. BirdsFirst Ev 54 20. Animal Protection Agency Ev 55 21. Mike Radford, Reader in Law, University of Aberdeen Ev 58 8 The Animal Welfare Bill Reports from the Environment, Food and Rural Affairs Committee since 2003 The following reports have been produced (Government responses in brackets): Session 2005–06 Second Report Reform of the EU Sugar Regime HC 585-I First Report The future for UK fishing: Government Response HC 532 Session 2004–05 Ninth Report Climate Change: looking forward HC 130-I (HC 533 05–06) Eighth Report Progress on the use of pesticides: the Voluntary HC 258 (HC 534 05–06) Initiative Seventh Report Food information HC 469 (HC 437 05–06) Sixth Report The future of UK fishing HC 122 (HC 532 05–06) Fifth Report The Government’s Rural Strategy and the draft HC 408-I (Cm 6574) Natural Environment and Rural Communities Bill Fourth Report Waste policy and the Landfill Directive HC 102 (Cm 6618) Third Report The Work of the Committee in 2004 HC 281 Second Report Dismantling Defunct Ships in the UK: Government HC 257 Reply First Report The draft Animal Welfare Bill HC 52-I (HC 385) Session 2003–04 Nineteenth Report Water Pricing: follow-up HC 1186 (HC 490 04–05) Eighteenth Report Dismantling of Defunct Ships in the UK HC 834 (HC 257 04–05) Seventeenth Report Agriculture and EU Enlargement HC 421 (HC 221 04–05) Sixteenth Report Climate Change, Water Security and Flooding HC 558 (HC 101 04–05) Fifteenth Report The Departmental Annual Report 2004 HC 707 (HC 100 04–05) Fourteenth Report Sites of Special Scientific Interest HC 475 (HC 1255) Thirteenth Report Bovine TB HC 638 (HC 1130) Twelfth Report Reform of the Sugar Regime HC 550-I (HC 1129) Eleventh Report GM Planting Regime HC 607 (HC 1128) Tenth Report Marine Environment: Government reply HC 706 Ninth Report Milk Pricing in the United Kingdom HC 335 (HC 1036) Eighth