Animal Welfare Bill

My hon. Friend also makes an important point. I can assure her that we are prepared to look at the issue with some sympathy and I take her point that the Bill may result in a greater need for animal sanctuaries in the future.The powers for licensing and registration will replace a range of statutes regulating such activities as performing animals, pet shops, riding schools and dog-breeding and animal-boarding establishments. Through secondary legislation, we will regulate activities such as animal sanctuaries, pet fairs, livery yards and the welfare of racing greyhounds. We have tried to involve interested parties in the development of those proposals and we believe that they are on a scale appropriate to the problems that they seek to address; but I take the points that have been made in interventions, which can no doubt be considered as the legislation is discussed. In most cases we intend to replace the existing 12-month licences with more flexible ones of no more than three years’ duration. In some areas, with regard to animal sanctuaries, we are considering registration rather than licensing, although as I said we shall keep the issue under review. A more flexible approach should allow local authorities to target establishments according to risk, thus concentrating their resources where acceptable standards are not being met. It will allow vets and others to become involved without imposing unreasonable financial burdens on the activity that is being licensed or registered. Details of our proposals on secondary legislation are set out in the regulatory impact assessment. As I have already said, there will be full public consultation and scrutiny. The Bill, like the legislation it will replace, will be what is perhaps somewhat infelicitously called a ““common informers”” Act, which means that anyone—a private individual or an organisation—can take forward a prosecution under its provisions if they think that they have the necessary evidence. However, powers of entry, search and seizure are reserved for the police, local authorities and the state veterinary service. The definition of an inspector is a person appointed to be an inspector by such an authority. During the pre-legislative scrutiny, there were a number of questions about the role of the RSPCA and its inspectors. As I said to the hon. Member for Wellingborough (Mr. Bone) a few moments ago, the Bill does not give the RSPCA specific extra powers; indeed, it should be made clear that the RSPCA has not asked for any such extra powers. As is the case now, if the RSPCA has reason to believe that an offence has been committed and entry to a property has been refused, it will approach the police to ask them to use their powers of entry. Our society is increasingly and rightly intolerant of acts of violence and cruelty towards animals, but recent press campaigns have revealed some nauseating examples of ill-treatment and abuse. From the enormous postbag on such issues received by my Department and, I think, every Member, we know that the public at large want us to provide the courts with tougher penalties for offenders, and that is what the Bill does. The maximum penalty for causing unnecessary suffering will be a fine of £20,000 or 51 weeks imprisonment, or both. At present, the top fine is £5,000, so the Bill has raised that penalty significantly. The maximum sentence of 51 weeks imprisonment is the maximum that magistrates courts can impose under the Criminal Justice Act 2003. The maximum penalty under the welfare offence will be £5,000 or 51 weeks imprisonment, or both. We are also using the Bill to close a loophole in existing legislation, whereby offenders can circumvent orders disqualifying them from having custody of an animal. Generally, the Bill applies to England and Wales only. Secondary regulations will be made by my Department and the National Assembly for Wales.