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Animal Welfare (Jersey) Law 2004: Provision of legislation on restricted procedures on animals

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 26 January 2015:

Decision Reference:  MD-PE-2015-0008

Decision Summary Title :

Draft Regulations to enable licensing of restricted procedures in accordance with Animal Welfare (Jersey) Law 2004

Date of Decision Summary:

22 January 2015

Decision Summary Author:

 

States Veterinary Officer

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Request for law drafting: Regulations to control restricted procedures

Date of Written Report:

22 January 2015

Written Report Author:

States Veterinary Officer

Written Report :

Public or Exempt?

Public

Subject:

Control application of restricted procedures on animals

Decision(s):

The Minister decided to provide legislation to regulate restricted procedures in accordance with the Animal Welfare (Jersey) Law 2004

Reason(s) for Decision:

To enable organisations conserving species to conduct controlled research for the benefit of the species

Resource Implications: None for provision of draft legislation

Action required:

SVO to provide law drafting instructions.

Signature:

 

Position:

Minister for Planning & Environment

 

Date Signed:

 

Initials

 

Date of Decision (If different from Date Signed):

 

 

Animal Welfare (Jersey) Law 2004: Provision of legislation to Control application of restricted procedures on animals

 

 

 

DEPARTMENT OF THE ENVIRONMENT

 

Animal Welfare (Jersey) Law 2004 Article 11: Introduction of Restricted Procedures Regulations

 

 

Purpose of the Report

 

To demonstrate the benefit of introducing Regulations in accordance with Article 11 of the Animal Welfare (Jersey) Law 2004, establishing a scheme for granting and administration of licences permitting restricted procedures.

 

Background

 

The Animal Welfare (Jersey) Law 2004 came into force in 2007. One of the provisions in the Law enables the States Assembly to introduce, by Regulations, a scheme for the grant and administration of licences by the Minister to make it lawful to apply restricted procedures to protected animals.

 

Discussion

 

Restricted procedures are defined in Article 3 of the Animal Welfare (Jersey) Law 2004. They include procedures which can be used to provide important information, particularly about minority species for which information about normal values e.g. for blood constituents, is not available. The Law prohibits taking blood samples for reasons other than veterinary diagnoses or surveillance.

 

Organisations which conduct research into rare and endangered species periodically require to take blood or small tissue samples, identify individuals or establish dosage for veterinary medicines e.g. anaesthetics. This work is required because there are no established standards for these rare and endangered species.

 

Lack of Regulations providing the legal framework and consequently a mechanism to conduct such procedures means care of various species is likely to be disadvantaged by lack of knowledge which is attainable when appropriate controls are in place.

 

The introduction of Regulations will enable the Minister to licence named individuals to carry out specific procedures on specific species in a specified manner and place for conservation purposes in accordance with best practice, and consequently will be of significant benefit to rare and endangered species.

 

Recommendation

 

The Minister is recommended to instruct the Veterinary Officer to provide law drafting instructions for Regulations, in accordance with Article 11 of the Animal Welfare (Jersey) Law 2004.

 

Written by:

Veterinary Officer 

 

 

Approved by: 

Deputy Chief Officer, Department of the Environment

 

 [File Ref]

Ministerial Decision ref: MD-PE-2015-XXXX

22 January 2015

 

 

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