Number: WG Welsh Government. Consultation Document. Breeding of Dogs. The Animal Welfare (Breeding of Dogs) (Wales) Regulations 2012

Transcription

1 Number: WG14379 Welsh Government Consultation Document Breeding of Dogs The Animal Welfare (Breeding of Dogs) (Wales) Regulations 2012 Date of issue: 20th December 2011 Action required: Responses by 27th March 2012

2 Overview This second consultation gives local authorities, dog breeders, specialist interest groups and the general public the opportunity to consider further proposals to change the dog breeding legislation and licensing regime in Wales. This follows the first consultation on dog breeding in Wales issued in 2010 and takes into account the responses provided. In general, all agreed that high standards of welfare were important in dog breeding. We have attempted to maintain that stance whilst taking account of people s concerns. Not all will be satisfied but we have strived for a balance which will try and ensure that a dog on a breeding premise will not have its welfare compromised whilst not adversely impacting on the legitimate activity of dog breeding. We have maintained the requirement for compulsory microchipping of all dogs and puppies and would emphasise that we see this as a key welfare element in terms of traceability. Welsh Government is currently considering widening the introduction of compulsory microchipping to cover all dogs. The main changes from the first consultation affect Regulation 5 on criteria necessary to be licensed and Regulation 7 on proposals to tighten the staff to dog ratio. It continues to introduce the need for behaviour and socialisation of animals to be taken into account in the licensing requirements to meet the obligations in the Animal Welfare Act How to respond You can respond to this consultation by either using the questionnaire at the back of this document or writing separately to: Companionanimalwelfare@wales.gsi.gov.uk Mail: Animal Welfare and By-products branch Office of the Chief Veterinary Officer Welsh Government Cathays Park Cardiff CF10 3NQ Further information and related documents Large print, Braille and alternate language versions of this document are available on request. In November 2009, the Minister for Rural Affairs Elin Jones AM ordered a review on the current dog breeding legislation and licensing regime. Between January and June 2010, a Task and Finish Review Group worked together to identify problems. The group compiled a report which was submitted to the Minister, recommending solutions. Those recommendations included amending the Breeding of Dogs Act 1973 and updating the dog breeding guidance used by both local authority licensing officials and dog breeders. Using powers under s13 of the Animal Welfare Act 2006, the Welsh Ministers can replace the Breeding of Dogs Act 1973 with appropriate Regulations. Further information is available in the Breeding of Dogs section of our website: In addition to this consultation overview, the following documents are attached: The draft Regulations - The Animal Welfare (Breeding of Dogs) (Wales) Regulations Draft Guidance note for local authorities and licence holders/proposed licence holders. Draft Regulatory Impact Assessment (RIA) Contact Details For further information: Animal Welfare & By-Products Branch Office of the Chief Veterinary Officer Welsh Government Cathays Park Cardiff CF10 3NQ companionanimalwelfare@wales.gsi.gov.uk Telephone: Data Protection How the views and information you give us will be used Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about. It may also be seen by other Welsh Government staff to help them plan future consultations. The Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. This helps to show that the consultation was carried out properly. If you do not want your name or address published, please tell us this in writing when you send your response. We will then blank them out. Names or addresses we blank out might still get published later, though we do not think this would happen very often. The Freedom of Information Act 2000 and the Environmental Information Regulations 2004 allow the public to ask to see information held by many public bodies, including the Welsh Government. This includes information which has not been published. However, the law also allows us to withhold information in some circumstances. If anyone asks to see information we have withheld, we will have to decide whether to release it or not. If someone has asked for their name and address not to be published, that is an important fact we would take into account. However, there might sometimes be important reasons why we would have to reveal someone s name and address, even though they have asked for them not to be published. We would get in touch with the person and ask their views before we finally decided to reveal the information. Crown Copyright 2011

3 What are the main issues? Whilst the breeding of dogs for commercial gain is a legitimate business the welfare requirements of the breeding dogs and their offspring are of paramount importance. Welfare concerns have been raised about puppy farms since Wales took on powers to deal with pet welfare in March 2007, with the coming into force of the Animal Welfare Act Numerous reports, both written and video recorded, suggested some dog breeders were keeping their animals in cramped conditions with little or no provision for their behavioural or environmental needs. A special project carried out by Pembrokeshire and submitted as part of the Companion Animal Welfare Enhancement Scheme (CAWES) identified gaps between the welfare standards required by the Breeding of Dogs Act 1973 and the Animal Welfare Act Where are we now? One of the powers granted under the Animal Welfare Act 2006 was the ability to repeal the Breeding of Dogs Act 1973 in relation to Wales and implement new Regulations to replace it. The new Regulations will be fit for purpose and take into account welfare requirements. In November 2009, the then Welsh Assembly Government set up a Task and Finish Review Group to examine the need to update the Breeding of Dogs Act 1973 to reflect the five needs for animals as identified in Section 9 of the Animal Welfare Act These are: the need for a suitable environment; the need for a suitable diet; the need to be able to exhibit normal behaviour patterns; any need it has to be housed with, or apart from, other animals; and the need to be protected from pain, suffering, injury and disease. The group produced a report of recommendations, effectively split into three areas: proposed legislative changes for dog breeding by repealing existing statutory requirements and providing new legislation; changes to the licensing provision for dog breeding establishments; and the implementation of statutory guidance of which local authorities shall have regard (see Schedule 1 of the Animal Welfare Act 2006).

4 Evidence for Change The report of the Breeding of Dogs Task and Finish Review Group can be accessed via our website: breedingofdogs/reportofthetaskandfinishgroup/?lang=en In addition, television programmes, video evidence submitted separately, correspondence, and visits to premises, together with numerous telephone conversations all helped to paint a picture that change was needed. 1 st Consultation The original consultation proposed a number of changes to the way that dog breeding is governed. This included amending the licensing criteria, introducing a staff/dog ratio, and requiring that all animals at breeding establishments must be microchipped and registered to the breeding establishment, including puppies before they leave the premises at a minimum of 8 weeks. A series of licensing conditions were also set out. A key component of that consultation, and agreed by the Task and Finish Review Group on dog breeding, was provision of guidance to local authorities and to owners of licensed premises on the implementation of the new requirements. Schedule 1 of the Animal Welfare Act 2006 provides that the Appropriate National Authority i.e. in this case, Welsh Ministers, can provide further guidance and local authorities shall have regard to that guidance. 1st Consultation responses These can be seen at In addition, several organisations asked for meetings following this consultation which were held over the summer of Groups represented were the existing licensed breeders, hobby breeders, welfare organisations, hunt organisations and working dog organisations. Very useful exchanges of views were held. It was agreed, that welfare standards needed to be improved across the whole of the dog breeding sector, including those recognised as licensed dog breeders as well as those who currently do not have to be licensed but who nevertheless sell puppies. The consultation responses and the meetings have helped to consider changes and revise the proposals. Revised proposals A similar structure to the previous draft Regulations has been maintained with key changes have been made to include: Regulation 3 - A definition of a stud dog is given. In Condition 6 the stud dog is required to be microchipped. Regulation 5 - changes in the criteria of qualification to require a dog owner to become licenced. Concern was expressed by some

5 Guidance groups about the restrictive nature of the original proposals. The intent of these Regulations is to improve the welfare of these animals. We recognise those concerns and have made changes to the selling and supply requirements as well as raising the trigger level from two to three litters per annum. Regulation 7 - change in the proposed staff/dog ratio. The principle of 1 person per a specified number of dogs was broadly accepted in the first consultation. However, the actual number of dogs per person was criticised by various groups with different views, one being too many the other being too few. After consideration, it was decided that the current advice to local authorities provided by Chartered Institute of Environmental Health/British Veterinary Association/British Small Animal Veterinary Association and Local Government Regulation (previously LACORS) be maintained, but it would now become mandatory that there shall be a minimum of 1 person to 30 dogs. Licensing authorities will still be able to alter that ratio if they are of the view that a smaller number of animals to one attendant is appropriate. This is to provide for the welfare needs of the animals. However, overall, the detail and criteria of what licensed premises owners and local authorities have to do has been strengthened through the conditions laid down. Regulation 7 - change to the licensing period to 1 year. This was set at a maximum of three years, but there was considerable support for an annual licensing process. The provision of guidance to local authorities remains a key component of this consultation package and which was agreed by the Task and Finish Review Group. This guidance to local authorities will also benefit owners of licensed premises on the implementation of the new requirements. Schedule 1 of the Animal Welfare Act 2006 provides that the Appropriate National Authority ie, in this case, Welsh Ministers, can provide further guidance and local authorities shall have regard to that guidance.

6 Questions Further to the first consultation: Question 1 Section 5 of the draft Regulations identifies the criteria for a person to become licensed as a breeder. Are you content? If not, why not? Answer 1 Question 2 We are proposing a staff to dog ratio of 1 attendant to 30 dogs to reflect current guidance. Are you content? If not, why not? Answer 2 Question 3 These draft Regulations may have an impact on the cost to licenced breeders. We would be grateful for any information on the costs and also to seek your views of the draft Regulatory Impact Assessment. Answer 3 Question 4 If there are any other issues about the legislation or the Ministers guidance please respond below. Answer 4

7 Consultation Response Form Your name Organisation (if applicable): /telephone number: Your address: Responses to consultations may be made public on the internet or in a report If you would prefer your response to be kept confidential, please tick here: