Animal Welfare Bill

Obviously, the existence of devolution means that a slightly different approach is taken on one or two of these issues, but it is our understanding that there is common ground with the devolved Administrations on the approach that they intend to take. The different ways in which procedures are followed in the various jurisdictions have given rise to the nuances that my hon. Friend has identified. The Bill applies to all animals under the control of human beings except those used in scientific procedures, which will continue to be subject to the Animals (Scientific Procedures) Act 1986. For the purposes of the Bill, the definition of ““animal”” is restricted to non-human vertebrates, but there is a power to extend this definition to cover invertebrates, should sufficient scientific evidence emerge to demonstrate that they are capable of feeling pain. The classic example, which was mentioned by my hon. Friend the Member for North-West Leicestershire (David Taylor) a moment ago, is cephalopods—animals such as octopus and squid—which could be included if the scientific evidence becomes available to show that they do indeed experience pain. He may know that there is an ongoing European Union review of this matter, as part of a review of the protection given to animals in scientific research. We anticipate that further evidence will be available, and that an assessment will be made, in the near future. Fish, as vertebrates, are protected by the Bill, which is important not only for the millions of fish kept in ornamental ponds and tanks, but for those farmed under regulated conditions. However, further to the concerns discussed by the Select Committee and to our 2005 rural manifesto commitment on fishing, clause 53 exempts the activity of fishing from cruelty and welfare offences. Anything done by anglers and fishermen in the normal course of fishing is outside the scope of the Bill. Similarly—and again in line with our rural manifesto—the Bill will not affect the traditional sport of shooting. Animals shot in the wild, such as pheasants, do not fall within the definition of ““protected animal””; nor, when free to roam, do they have a relationship with human beings such that a person could be held responsible for a specific bird. At the time of shooting, these animals are outside the Bill’s scope, but it will cover similar animals during any period spent in captivity before their release into the wild.