GD 2016/0021 Council of Ministers to the Select Committee on Animal Welfare (Petition for Redress) 2015-16 To be laid before May 2016 Tynwald April 2016
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To the Hon Clare Christian MLC, President of Tynwald, and the Hon Council and Keys in Tynwald assembled Foreword by the Minister for Environment, Food and Agriculture The Council of Ministers welcomes the Report of the Select Committee on Animal Welfare (Petition for Redress) 2015-16. The Report emanates from a Petition for Redress received at the Tynwald ceremony in June 2014, submitted by Roseleen Harrison. It is recognised that the Report is the result of a balanced inquiry by the Committee into what are complex and emotive issues. Council of Ministers fully supports seven of the report s 12 recommendations, supports three subject to caveats and rejects two recommendations. The response to the Report has been provided by my Department. The first recommendation requires the establishment of a Forum to assist during the drafting of the proposed Animal Welfare Bill. This is entirely in keeping with the proposals already laid out by my Department and it is hoped that this Forum will be established by September 2016. The second recommendation requires the extension of protection of animal welfare to all animals. Other jurisdictions have sought to protect all vertebrates that are commonly domesticated or under the control of man. My Department recommends following this precedent with the ability to extend protections to certain invertebrates by Order. The third recommendation requires the Forum to be developed into a Manx Welfare Advisory Body. This is in keeping with the proposals already laid out by my Department although the Department believes this body should be primarily acting in an advisory capacity rather than undertaking an inspectorate/enforcement role. The fourth recommendation requires my Department to draft a Bill based on our detailed proposals taking account of the Report from the Select Committee. I am pleased to accept this recommendation. The fifth recommendation requires my Department to include provision in the proposed Bill for a register of offenders convicted of offences under the resultant Act. I am content that this action is undertaken provided the Department can legislate for a register of this nature. The sixth recommendation relates to the health of companion animals imported or exported to or from the Island and seeks a solution to the perceived lack of legislation in this area. My Department notes that provision already exists for movement of animals from other Member States to the Island. This particular issue, however, specifically relates to movement between the United Kingdom and the Isle of Man, which has been part of the Common Travel Area for several decades. My Department is of the opinion that it is unable to unilaterally legislate in the way sought by the Committee and has explained the reasoning behind this: making specific health provisions will intrude upon the free movement of goods set down in EU law. Nevertheless the issue can be referred to the Animal Welfare Forum as recommended. 3
The seventh recommendation requires the Department to provide for the welfare of animals during transport to and from the Isle of Man. My Department recognises that many transportation standards are already in place and agrees that the Forum should consider this matter further in respect of animal welfare and therefore accepts the recommendation. The eighth recommendation asks my Department to ensure that legislation includes powers to make regulations where animal welfare may be compromised. My Department is of the view that this is the primary intention of the proposed Bill. The ninth recommendation seeks my Department to progress the compulsory micro chipping of dogs. I can confirm that drafting instructions are in preparation to progress an amendment to the Dogs Act 1990; therefore, the Department accepts the recommendation. The tenth recommendation requests that my Department introduces a statutory 24/7 dog warden service. The Dog Wardens are empowered to collect strays; however, the responsibility for the welfare of stray dogs under the proposed Bill would be that of the owner and it is unclear why the taxpayer should fund this service on their behalf. A review of the previous Dog Warden provision undertaken by the Department resulted in an amended service combining pest control provision with dog warden services. Additional contracted dog warden provision is provided by the MSPCA. At no time has my Department ever provided a funded 24/7 dog warden service. The introduction of such a service is considered to be cost prohibitive given the savings previously made through streamlining it. If the concern is welfare of the animals, then consideration should be given to prosecution of dog owners who have intentionally enabled the welfare concern to emerge. My Department therefore rejects the recommendation. The eleventh recommendation seeks a revision to the Cruelty to Animals Act 1997 (of Tynwald) to ensure that no testing of animals is permitted, unless it is specifically for the purpose of protecting or improving their welfare. My Department is of the view that many conservation measures that could require currently permitted testing may fall foul of this well-intended amendment. It is further true that any testing aimed at improving human health or well-being would also be prohibited if this recommendation is followed. My Department, whilst recognising the intent behind the recommendation, has no option but to reject it, as it feels that current provision gives the required protections whilst not absolutely prohibiting beneficial testing capabilities. The twelfth recommendation requests that my Department either amends the Wildlife Act 1990 or undertakes regular public education on the use of snares. Whilst recognising that the wording the 1990 Act is complex it is intended that regular PR is produced to explain how snares may be legally used on the Island. My Department, therefore, accepts the recommendation made. 4
Part 1: General response to the Select Committee Report The introduction of an Animal Welfare Bill has been on the Department of Environment, Food and Agriculture s legislative programme since August 2012. Farmed Animals are currently protected under the Welfare of Farmed Animals Order 2002. It is recognised that the primary legislative gap is that of a lack of provision for the welfare of animals that are not farmed, often know as companion animals (such as horses, donkeys, dogs, cats and any other kept or caged animal). The Department indicated prior to the creation of the Select Committee that a proposed Forum, intended ultimately to become a Manx Welfare Advisory Body, was a desirable vehicle for discussions in progressing the drafting of such a Bill. To that end, the Bill was added to the government Legislative Programme in 2013; although other Bills on that programme were assigned a higher priority. The ultimate intention was for the Bill to be introduced during the 2016/17 legislative year. Consideration has been given to the provisions contained in Animal Welfare legislation in the devolved jurisdictions of the United Kingdom. It was concluded that the best of those provisions could be utilised as part of the proposed Isle of Man Bill taking into consideration provisions already in place within Manx statute that provides protections in respect of animal welfare. As part of the consideration it was identified that additional provision could be included pertaining to controls on feral animals and explicit provision for regulations for animal sanctuaries which are not contained in other legislation at present. In considering the Petition for Redress, it was noted that, although it sought to introduce legislation equivalent to the UK Animal Welfare Act, that would not address the petitioner s main priority which appeared to be the trade in pets. Whilst the Department would agree with the concept of this legislation, the import of puppies would not be covered by a welfare Bill as it is a trade issue. The following limits to the scope of an Animal Welfare Bill were identified: the importing of puppies specifically bred in puppy farms the importing of furs new road traffic offences for collisions with animals. The importation of both dogs and furs are viewed under EU legislation as traded goods. While the conditions of transportation would be a welfare issue, the type or source of any dog/puppy cannot be used as a means to prevent trade. However, owing to widespread concern in Europe over the increased trade in puppies across international boundaries, the statutory rules that apply to the movement of dogs, cats and ferrets ( PETS ) have been tightened significantly in order to address those concerns. There are no known puppy farms in the Island. If one were identified in future, it would be subject to inspection and control under the Breeding of Dogs and Cats Act 1981, which in any event, would not permit what would normally be described as a puppy farm. 5
It has been suggested that the Department ought to criminalise the running over of cats and dogs. Whilst such incidents are very distressing, they are usually accidents and we would make the following observations: firstly, we understand this is a road traffic issue and not part of an Animal Welfare Act; secondly, any deliberate act to kill or injure an animal in a way which causes unnecessary suffering is already likely to be an offence under the Cruelty to Animals Act, and thirdly, criminalising such accidents could increase the risk of people taking extreme measures to avoid running over animals, which perversely could result in more people being injured instead. The preceding paragraphs, along with the commentary provided in respect of the Committee recommendations, provide a brief overview of the Department s position in relation to an Animal Welfare Bill. 6
Part 2: Specific responses to the Select Committee s 12 recommendations The Select Committee Report made twelve recommendations, the Council of Minister s response to which, together with associated commentary is set out below. Recommendation 1 Recommendation 2 That the Department of Environment, Food and Agriculture should establish a forum, comprising representatives with a variety of experience in relation to different types of animal, to assist during the drafting of an Animal Welfare Bill. The Council of Ministers confirms that the proposed Animal Welfare Bill has been included on the government legislative programme for some time now and that, as part of the proposals from DEFA in respect of the Bill, an Animal Welfare Forum is to be created to consider and progress proposed content of the Bill Accept recommendation That the Department of Environment, Food and Agriculture should ensure that any proposed extension of protection of animal welfare applies to all animals The Department is proposing to extend protection of animal welfare to all vertebrates, and any other animals by Order. This reflects other jurisdictions and is not meant to be restrictive: it is pragmatic. Truly wild creatures do not have an owner or keeper and a responsible (controlling) individual cannot be identified in order to improve their welfare there is no prospect of extending true welfare provisions to those living wild. The limited protection of wild animals is contained within the Cruelty to Animals Act 1997 (of Tynwald) (not restricted to domesticated animals) and within the Wildlife Act 1990 (of Tynwald) (prevention of interference etc.). Such protection does not extend, and cannot extend, to protection of welfare because there is no controlling individual. (NB: the above reflects the provisions currently in place in England, Wales and Scotland where protected animals are defined as those that are commonly domesticated, under the control of man or not living in a wild state) Invertebrates includes worms (in a wormery, for example) and fleas etc. There are two key issues: primarily there are many invertebrates that we do not understand well enough to make statements on their welfare needs; secondarily, do we want to include all invertebrates and add to workloads when the welfare needs of such species are unknown. 7
Recommendation 3 Recommendation 4 Recommendation 5 The Department s proposal identifies that there may be invertebrates that are sufficiently sentient that they need protection (captive octopus, for example) and it is proposed that the general protection of the Act can be extended by Order as knowledge of invertebrates kept by controlling individuals increases. Accept the recommendation with regard to vertebrates that are kept by man and the forum should consider other categories. That the Forum which is established to consult on the draft legislation should be developed into a Manx Welfare Advisory Body whose members would provide expertise under the Act, either as trained, empowered inspectors or as advisors to those with such powers. This is in keeping with the Department s proposal in respect of the proposed Forum; however, caution is advised in that the body should, as its name suggests, be comprised primarily of advisors and not inspectors so it is not an enforcement body, rather provides an advisory role. Accept recommendation subject to the caveat above That the Department of Environment, Food and Agriculture shall draft an Animal Welfare Bill, which they should recommend, shall be introduced during the 2016/17 legislative year, based around the Current Recommendations outlined in their Detailed Proposals paper, taking account of local issues e.g. feral animals and best practice in other jurisdictions and the Recommendations in this Report. As mentioned in respect of recommendation 1 above, the Department has had this Bill on its legislative programme for some time with the intention that it is introduced during the 2016/17 legislative year. Accept recommendation That the Department s legislative proposals should include a requirement for a public register of offenders to record those convicted of offences under the Act who are barred from keeping animals. The Department intends to explore the inclusion of this provision in the Bill. Accept recommendation 8
Recommendation 6 That Tynwald notes with concern that there is no legislation to cover the health of companion animals imported or to be exported from the Isle of Man and asks the Department of Environment, Food and Agriculture to refer the matter to the animal welfare advisory body, when formed, to see if a solution can be found. The Welfare of Animals (Transport) (Isle of Man) Regulations 2007 concerns the transport of all live vertebrate animals (excluding man) within the EU that takes place in connection with an economic activity. Those involved in an economic activity will include farmers, livestock hauliers, those who move horses in connection with professional riding, livery, stabling, those involved in commercial pet breeding or racing (e.g. dog or pigeon racing), or those moving animals used in films, zoos and leisure parks. Private individuals travelling with their own pet(s) within the British Isles are not subject to the 2007 Regulations. The new Bill is intended to provide for the welfare of all such animals within the jurisdiction of the Isle of Man whilst recognising that individual owners are very unlikely to jeopardise the welfare of their cherished pet. Dogs, cats and ferrets moving between EU member States are governed by the stringent rules of the Pet Travel Scheme (PETS) (for this purpose the IOM is treated as part of the UK which is a member State; hence PETS does NOT apply in relation to IOM/UK movements). Under PETS, a maximum number of five pets may be transported by one owning individual. Numbers in excess of five are considered commercial activity; where there are requirements to provide certification under EU animal health regulation. Movement under PETS legislation requires micro chipping, rabies vaccine and tapeworm treatment in addition to a Pet Passport, before travel. Pets may only travel twenty-one days after completion of rabies vaccination. The PETS rules were changed in January 2015, to permit rabies vaccination only at twelve weeks; therefore such pet animals cannot travel below fifteen weeks of age. This has provided a further safeguard to the welfare of continentally bred puppies, previously transported at a young age. PETS is also applicable to EIRE (as a separate EU member state) and permits controls on the trade in puppies from this country to the rest of the British Isles. Travel under PETS must be via approved routes (specific airline routes, ferries, Ro-Ro ferry and Eurotunnel) under auditable checks from the carrier. By contrast, movement of pets within the British Isles is not regulated by official import health controls (with the exception of to/from the UK/Eire). 9
Historically, movement of dogs and cats between the Island and the UK has been uninhibited as part of the Common Travel Area. Individuals or businesses moving cats and dogs between the UK and IOM cannot be hindered by unilateral imposition of health regulation and this would contradict free trade rules set by the EU. For clarity, the imposition of any control that inhibited free movement would be seen as ultra vires there is no prospect of the UK introducing mirrored controls for the same reason whether or not it remains a member State of the EU as there is a clear benefit to the free movement of pets between UK/IOM. Recommendation 7 Recommendation 8 The Department is of the view that the combination of the 2007 Regulations, PETS and the proposed general welfare provisions to be contained in the new Bill, would provide for adequate safeguards on the welfare of transported pets, rescue animals from EU states and young animal trade. Recommendation accepted; though the Forum should take account of the comments above That the Department of Environment, Food and Agriculture should ensure its proposed animal welfare legislation applies to the welfare of animals during their transport to and from the Isle of Man. As indicated under recommendation 6 above, transportation welfare standards are already in force for commercially traded animals. All air transport is further covered by International Air Transport Association regulations. Accept recommendation: The proposed Forum should be tasked to consider how provisions may potentially be extended to the sea transport of what are effectively pets. That the Department of Environment, Food and Agriculture should ensure its proposed animal welfare legislation shall include powers to make regulations in respect of conditions or circumstances, which may arise, if it is identified that animal welfare may be compromised. The Department is content that the power to make Regulations for the protection of welfare is central to the proposed Bill. There are specific issues in the Island concerning ownerless animals that require a local solution (for example, feral/wild populations of chickens/goats). The Department is in agreement with the Committee in this regard and intends to seek powers to control populations for both their wellbeing, other animal s welfare and the public good (RTC risks, disease risks, destructive habits). Accept recommendation 10
Recommendation 9 Recommendation 10 That the Department should progress its proposals for compulsory micro chipping of dogs The Department is currently in the process of preparing a Bill to introduce compulsory micro chipping of dogs on the Island. Accept recommendation That a statutory requirement should be introduced for the provision of a 24/7 dog warden service. The powers in relation to stray dogs under the Dogs Act 1990 are permissive; enabling the Constabulary and Department appointed Dog Wardens to seize strays. The Department has never funded a 24/7 service. A review under the Scope of Government was undertaken in recent years and the service reduced to office hours for Department staff with additional cover provided under contract by the MSPCA. The Isle of Man Constabulary will respond to reported dangerous dog situations outwith those times covered by Department officers and the MSPCA. Whilst recognising that this does not provide the full 24/7 cover as requested by the Committee, the Department is of the view that the introduction of such a provision would be of little additional benefit, yet be cost prohibitive - Department budgets would not sustain such an action. Consideration should be given to powers to prosecute owners who allow their dogs to repeatedly stray and create the implied welfare concern. Recommendation rejected 11
Recommendation 11 That the Department of Environment, Food and Agriculture should revise the Cruelty to Animals Act 1997 to ensure that no testing on animals is permitted unless it is for the specific purpose of protecting or improving the welfare of animals. Whilst recognising the laudable intent behind the recommendation, the Department opposes it for the following reasons: 1) Conservation measures of important species will NOT necessarily improve welfare, especially when taking into consideration that there is no controlling individual in respect of wild animals. Many experiments to surgically attach radio beacons, for example, could be properly intended to benefit that species (e.g. basking shark monitoring), or benefit other species that depend on the species researched for food. Recommendation 12 2) Any test that uses animals to benefit humans is already tightly controlled under existing statute (no such procedure has been licensed since the introduction of the Scientific Procedures legislation in 1997: Part II of the Cruelty to Animals Act 1997). The effect should the recommendation be accepted, would wholly prohibit this area of research. As there exist very clear controls on what is currently permitted, completely prohibiting all testing that could result in great human benefit, and financially profitable enterprises on the Island, could be considered a step too far. Recommendation rejected That the Department of Environment, Food and Agriculture should either amend the Wildlife Act 1990 or produce an explanatory notice for the public which sets out clearly what is and is not permitted with respect to the use of snares. The Department recognises that it is in our remit to publicise the legal restrictions in relation to snares. In addition the Department accepts that the current legislation requires repeated reading to understand what is required. The Department, hopefully in conjunction with the MSPCA, is intending to produce some PR on this matter to clarify the position. Accept recommendation 12