Animal Welfare (Jersey) Law 2004: Amendment: Law drafting instructions

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A decision made 13 May 2016:

Decision Reference: MD-PE-2016-0071

Decision Summary Title :

Animal Welfare (Jersey) Law 2004 Amendment

Date of Decision Summary:

11 May 2016

Decision Summary Author:

States Veterinary Assistant

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Written Report

Title :

Animal Welfare (Jersey) Law 2004 Amendment

Date of Written Report:

11 May 2016

Written Report Author:

States Veterinary Assistant

Written Report :

Public or Exempt?

Public

Subject:

To update the regulations for the purpose of promoting the welfare of animals.

Decision(s):

The Minister decided to amend the Animal Welfare (Jersey) Law 2004

Reason(s) for Decision:

To update existing legislation, some of which is no longer fit for purpose and to further improve and promote international standards of animal welfare.

Resource Implications:

None for provision of draft legislation.

Action required:

States Veterinary Officer to request the Law Draftsman to prepare a revised draft Law for consideration by the Minister.

Signature:

Deputy S Luce

Position:

Minister for the Environment

Date Signed:

Initials

Date of Decision (If different from Date Signed):

Animal Welfare (Jersey) Law 2004: Amendment: Law drafting instructions

DEPARTMENT OF THE ENVIRONMENT

Animal Welfare (Jersey) Law 2004 Amendment

Purpose of the Report

There is a requirement for animal welfare legislation to promote and protect animal welfare. The legislation has been reviewed and requires redrafting to achieve modern outcomes.

Background

Veterinary legislation is an essential element of legal infrastructure which enables veterinary services to efficiently carry out their key functions, including the promotion of animal welfare.

The Animal Welfare (Jersey) Law 2004 is based on long standing legislation in the UK dating back as far as 1911 which has now been largely replaced by the Animal Welfare Act 2006. The new Animal Welfare Law will add to existing provisions and promote standards based on EU legislation and best practice, reflecting current knowledge and to allow proportionate enforcement of this law.

Since 1st September 1973, as a matter of European Union (EU) law for the purposes of trade in agricultural products and products processed therefrom, Jersey is treated as part of the same Member State of the European Union as the United Kingdom therefore Jersey must apply rules in relation to such products on the same basis as the United Kingdom.

European Community rules in the field of veterinary legislation, animal health legislation, food and feedingstuff legislation as well as plant health legislation, and quality and marketing standards must, therefore, be part of the law of Jersey. European Community Regulations in these areas are of direct effect and application in Jersey. To comply with obligations for international trade, Jersey must implement European Community Directives in these subject areas and administer and enforce Regulations under domestic law.

Discussion

Acceptable standards of animal welfare are subject to regular review and amendment consequent to improved knowledge and understanding of species requirements. Consequently, it will be most effective and efficient to enact primary legislation which provides powers, including Order making, for the Minister to control, administer and enforce in accordance with international standards and obligations.

The following list gives some examples of required changes to the legislation, but is by no means exhaustive:

Prohibit the use of electric shock collars
Prohibit pinch/prong collars except if recommended by a veterinary surgeon and licensed by the department
Prohibit the docking of dogs’ tails except when it is for medical treatment or a working dog and certified by a veterinary surgeon
Prohibit the offering or giving of an animal as a prize to anyone, except in a family context, and sale of animals to children under 16 years of age. Selling includes transfer of ownership
Introduce a minimum age of 16 years for ‘responsibility’ of animals
Strengthen the definition of “Unnecessary suffering”
Update the definition of animal fighting and making it illegal to record, supply, publish, or possess with intent to supply, such a recording
Amend the requirements for licencing for the purpose of promoting animal welfare for the keeping of breeding females of the following species; cats, dogs, guinea pigs, horses or rabbits from 5 to more than 1 per household
Animal boarding establishments to include all premises (including private dwellings) unless all animals boarding are from the same owner or household
Change the appeals process to allow an appeal to be heard by a person appointed by the Minister rather than the Royal Court
Introduce the ability for an inspector to issue a ‘care improvement notice’ to those responsible for animals. This will give powers to enforce, for example, an owner to obtain treatment from a veterinary surgeon
Amend the powers of seizure of an animal, and give powers to officers to take action to alleviate suffering of an animal in distress. This will include powers to seize or destroy an animal if a veterinary surgeon considers it is suffering due to lack of care
This law shall not apply to anything which occurs in the normal course of fishing
Review the penalties and offences
Expand scope of existing legislation to allow the Minister to issue Orders under primary legislation.

Recommendation

The Minister is recommended to instruct the Veterinary Officer to provide law drafting instructions for amending animal welfare legislation.

Written by:	States Veterinary Assistant

Approved by:	Deputy Chief Officer, Department of the Environment

[File Ref]

Ministerial Decision ref: MD-PE-2016-0071

11 May 2016