Animal Welfare Bill

The noble Baroness is quite right, my Lords. The amendment does refer to ““riding or driving””. It is not the first time today that I have found an old set of notes in front of me. The last paragraph I read out is inoperative—I think that that is the language. I should like to talk about the intentions behind the amendment, notwithstanding what the noble Baroness has just said. We do not think it would enhance the powers that we propose to make available to the courts. The court already has the power to disqualify a person from participating in the keeping of animals and from being a party to an arrangement under which a person is entitled to control or influence the way animals are kept. We consider that the powers in Clause 33 are already very wide and allow disqualifications which are enforceable and will protect animals, so we do not think that disqualification orders can be expected to prevent every future possible opportunity for cruelty. They are meant to, and will, prevent offenders setting up relationships of care and responsibility for animals whereby those animals might suffer. Finally, for the avoidance of doubt, I confirm that a court may make both a disqualification order as well as a deprivation order in respect of the same case, if it so wishes. Clauses 32(1) and 33(1) both provide that deprivation and disqualification orders may be made by the court instead of or in addition to dealing with the offender in any other way. Having said that in respect of the narrow point of Amendment No. 34, I hope that the desires expressed by both noble Baronesses are met by the Bill. There are some government amendments in the same group. Amendments Nos. 35, 36, 53, 54 and 55 are necessary to apply the same powers to breaches of disqualification orders made under old or new legislation. The group includes four minor amendments that are necessary to correct references contained in the Bill. Amendments Nos. 35 and 36 amend the reference in subsection (9) to refer to an order imposed under subsection (1), which is more correct. Amendment No. 54 amends Clause 64, which deals with transitional arrangements. The Bill will introduce a much-needed power for the courts to order the seizure of animals from someone who is found to be in breach of a disqualification order. However, although Clause 33(9) makes it an offence to breach such a disqualification order made under the Bill, it does not make it an offence to breach an order made under the existing legislation—the Protection of Animals (Amendment) Act 1954. Clearly, we need to apply the same laws to both. Amendment No. 35 therefore plugs the breaches in the old disqualification into the offences under Clause 33(9) and into the power in Clause 34 to order seizure. I hope that that reads better in Hansard than it did when I read it out. I am sure it will, and everyone will understand that because they come from the Government, these are really good amendments.