Docking of Working Dogs’ Tails (England) Regulations 2007

My Lords, I will see if there is an answer, but if not I shall reply to the noble Duke by letter. The noble Baroness, Lady Miller, asked about rubber ringing either by vets or others. This will continue to be carried out by those permitted to do so under the Veterinary Surgeons Act 1966 and the orders under that legislation. That, I hope, answers her question. I am grateful to see the noble Lord, Lord Soulsby, and I appreciate that he is here tonight. I was here last night, but that is why we are here at this time tonight. I welcome his contribution. I always say to Members of the other place that in this House you are among practitioners and professionals with a mass of expertise that, by definition, elected Members of Parliament cannot have. I know that the noble Lord has made a major contribution to the legislation as it has gone through. He is right to say that over a period of years docking will probably diminish. It is now being severely restricted through the definition of the kind of dogs that may be docked and the kind of people who can take a dog to a vet in the first place. The pressure is moving in one direction, and that is for the reduction of tail docking. I do not say ““suck it and see””, but it will be a test of how practical and effective the regulations are when cases arise. That goes with what I was saying about the review of the enforcement procedures. Section 23(1) of the Animal Welfare Act 2006 provides that, on application by a policeman or an inspector, a warrant may be issued by a magistrate to search for evidence of an offence as long as there are sufficient grounds for believing that an offence has been committed and that evidence may be found on the premises concerned. The general application of common sense and expertise by the police when making an application for warrants is a factor. That is probably what happens in other walks of life—there is a feeling that something has taken place, and someone can make a reasonable commonsense case to the prosecuting authorities or the investigating authorities. The police can get a warrant and make a case to a magistrate, but it cannot just be done as a fishing expedition. I am a non-lawyer, but I can say that with absolute certainty. There has to be a scintilla of a commonsense reason why they are asking for the warrant, but they can get a warrant to search for the evidence. They do not have to have the evidence, but they have to have reasonable grounds for believing or being informed that the evidence may be at a particular premises. They would be able to go to the magistrate on the basis that it could not be challenged, and a reasonable person would grant them a warrant to do the search. If I have missed anything, I will certainly come back and send a brief note. I am always reluctant to do that, as it is much better that information goes on the record for people who read our proceedings. I probably do not have the answer for the noble Duke, but time is up. I have finished, and I cannot keep going any longer. I am grateful for the support for the regulations. I am a Johnny-come-lately on this issue, as noble Lords know; the legislation had gone through, and I carried the very end of it for colleagues in Defra. I know Ben Bradshaw, the animal welfare Minister, will be delighted at the passage of these regulations in both Houses today. On Question, Motion agreed to.