Docking of Working Dogs’ Tails (England) Regulations 2007

Yes, without a doubt. All I am moving is that the Committee report that it has considered the Docking of Working Dogs’ Tails (England) Regulations, so we should consider that. It is one piece of legislation, but naturally I have one speech to cover all three sets of regulations, which will then be moved separately at the end when the Committee has considered them—or has not considered them, as the case may be. It so happens that my first page refers to the second set of regulations on the list, but I have moved the first one that we are considering. The Animal Welfare Act 2006 prohibits all mutilations of animals other than for medical treatment, subject to exceptions that may be specified in the regulations. It is the latter permission that the Government are exercising here. It is commonly agreed that certain mutilations are necessary for an animal’s long-term welfare or management benefit, whether for reproduction control and identification or better management, leading to improved welfare. In addition, some forms of mutilation, for example the ear tagging of certain animals for identification purposes, are required by law—not just UK law, but European law. The procedures that are permitted are set out in Schedule 1, with conditions attached to their use, such as the use of an anaesthetic or the maximum or minimum age at which the procedure can be performed, as set out in Schedules 2 to 9. In addition, Regulation 3 provides that the procedure must be carried out, "““in such a way as to minimise the pain and suffering … in hygienic conditions; and … in accordance with good practice””." Those safeguards provide more generally for all kinds of cases that may arise. Regulation 4 exempts any procedure that is carried out in an emergency, to relieve pain or to save life. However, the person carrying out that procedure is still obliged to comply with the requirements in Regulation 3 as far as is reasonably possible. In deciding which mutilation should be permitted, we have largely repeated those permitted under existing legislation. As I said, this is largely a consolidation measure. We have also consulted widely on any other procedures that should or should not be allowed. We believe that the status quo has been replicated in most cases. However, unlike present legislation in which certain procedures are banned, the new regulations also ban outdated and unacceptable practices not specifically outlawed at present. Indeed, we identified 20 practices that are not currently subject to legislation, but which are no longer generally considered justifiable on animal welfare grounds. They will no longer be permitted. They include procedures such as applying corrosive acids to the skin, de-voicing cockerels, ear-cropping dogs and drilling tortoises’ shells. The Mutilations (Permitted Procedures) (England) Regulations are accompanied by the Welfare of Animals (Miscellaneous Revocations) (England) Regulations 2007, which revoke current legislative provision relating to certain mutilations of farmed animals, which are now replaced by the mutilations regulations. The Docking of Working Dogs’ Tails (England) Regulations supply the necessary mechanisms by which the principle of the limited tail docking of dogs agreed by the House of Commons last March may have effect. I am sure that Members of the Committee will remember that that issue was particularly contentious during the passage of the Bill—of course, before I joined Defra—and that the Government’s view was that it was right to let Parliament decide the issue. There was a thorough debate, and all the main parties allowed MPs a free vote in which a ban on tail docking, with exemptions for working dogs, was the preferred outcome. The docking of dogs’ tails for cosmetic purposes is therefore banned. That exemption for working dogs agreed by Parliament allows a dog that is likely to be used for certain specified types of work to have its tail docked by a veterinary surgeon. The dog will have to be no more than five days old at the time of docking, and the veterinary surgeon will have to certify that he or she has seen evidence, specified in the regulations, that the dog is likely to work in one of the few permitted areas—law enforcement, activities of Her Majesty’s Armed Forces, emergency rescue, lawful pest control or the lawful shooting of animals. The vet’s decision whether or not to dock is discretionary. This legislation does not require a vet to dock an eligible dog’s tail. Veterinary surgeons will continue to be permitted to dock the tail of a dog at any age for the purposes of its medical treatment. To ensure that only dogs are docked that are genuinely likely to work undocked, the regulations detail how those dogs will be identified and certificated. Regulation 3 outlines the evidence that the vet must see to certify the dog as a working dog. He must reasonably believe that the dog is no more than five days old and he must see the dam of the dog. Another piece of evidence required relates to the work that the dog is intended for, such as Armed Forces identification, emergency rescue identification, police identification, Prison Service identification or Her Majesty’s Revenue and Customs identification. Evidence that the dog will be used for pest control would be provided by a shotgun or firearm certification, or by a letter from a person involved in sport shooting—this is outlined in the detail of the regulations—that the dog is likely to be used for that purpose. In addition, Regulation 3 in Schedule 1 provides that the dog can only be of a certain type, such as a spaniel, a terrier or a hunt-point-retrieve breed. Regulation 4 outlines how a docked dog must subsequently be identified. That must be done by microchip before the dog is three months old. We expect that in most cases the docking and microchipping will be done at the same time. However, vets were concerned during the consultation that the size of the puppy at less than five days old could mean that it is not always suitable to microchip at that time. Therefore, it was felt best to leave that to the discretion of the vet and provide him or her with the ability to microchip the dog later when it was more appropriate to do so. Microchipping is a known and effective identification tool and is already compulsory for dogs with pet passports. Schedule 2 details the form of the certificate which the owner of the dog, or the owner’s representative and the veterinary surgeon, will both sign. We are working closely with the Royal College of Veterinary Surgeons to produce the certificate before the regulations come into force. I am pleased to speak to the regulations in Committee. As I said, they are a crucial part of the implementation of the Animal Welfare Act of last year, and are a significant part of animal welfare legislation overall. I shall be more than happy to respond to the points made, and will move each statutory instrument separately in accordance with normal procedure. I beg to move. Moved, That the Grand Committee do report to the House that it has considered the Docking of Working Dogs’ Tails (England) Regulations 2007. 9th Report from the Statutory Instruments Committee.—(Lord Rooker.)