Animal Welfare Bill

My Lords, I did not know until I came to the Bill that Clause 10, to which the amendment relates, was introduced in the Commons in response to an opposition proposal that those accused of an offence should be told in a statutory improvement notice how they were breaking the law and what they needed to do to avoid being taken to court. We think that Clause 10 achieves that. However, I am quite happy to take advice on that, because I need to be absolutely clear that our views across the Chamber and among outside bodies are at one. We do not think it is necessary to say anything about the matter in Clause 10 specifically. If a notice is issued that does not specify the right steps necessary to comply with the welfare duty, there is nothing in the legislation to prevent the inspector issuing a new corrected notice. I am advised that if the owner says that he will follow the original notice, he is not complying with the welfare duty. The owner is obliged to comply with the corrected notice or there will be a breach of the welfare duty for which the owner could be prosecuted. There is nothing stopping an inspector issuing a new notice to supersede the first one and that is the notice with which the owner of the animal would have to comply. We are satisfied that for all practical purposes the clause as drafted does the trick. There is an incredibly short time between Report and Third Reading, but, bearing in mind what has been said from both sides of the House, I will make sure that we have this matter locked down before Third Reading. So if there is any doubt whatever, we will have a look at this again. The advice I have is that this amendment is not necessary. The inspector can issue a new notice with which the owner will be required to comply or face prosecution. Obviously, it is right that inspectors take care to ensure that the first notice that they issue covers all the points, but, if not, they can issue another notice. There is nothing to stop them doing that.