Animal Welfare Bill
About these Parliamentary proceedings
Reference
683 c1-64GC Session
2005-06Legislative stage
Committee stageChamber / Committee
House of Lords Grand CommitteeRelated items
Animal Welfare Bill . Brought from Commons. Explanatory Notes HL Bill 88-EN also published.
Wednesday, 15 March 2006
Bills
House of Lords
Wednesday, 15 March 2006
Bills
House of Lords
Proceeding contributions
Baroness Byford | 683 c50-1GC (Link to this contribution)
moved Amendment No. 115:"Page 18, line 10, at end insert—"
““( ) The court shall not make an order...
Lord Rooker | 683 c59GC (Link to this contribution)
moved Amendments Nos. 133 to 134:"Page 21, line 28, leave out ““pay a sum representing”” and insert ...
Show all contributions (110)
Baroness Byford | 683 c39GC (Link to this contribution)
I am very grateful for that response. The Minister is refreshingly very practical in his approach. W...
Baroness Turner of Camden | 683 c30GC (Link to this contribution)
I must inform the Committee that if Amendment No. 98 were carried, I could not call Amendment No. 99...
Baroness Farrington of Ribbleton | 683 c15-9GC (Link to this contribution)
I thank both noble Lords and the noble Baroness for expressing their concern so clearly. We understa...
Lord Rooker | 683 c10-1GC (Link to this contribution)
I cannot say without taking advice first. However, part of our work in Committee is to listen to wha...
Lord Lucas | 683 c2GC (Link to this contribution)
I quarrel only with subsection (2) of the proposed new clause. I bought my current bitch when she wa...
Baroness Byford | 683 c46GC (Link to this contribution)
I am grateful to the Minister for clarifying that. At this stage, I beg leave to withdraw the amendm...
Duke of Montrose | 683 c47-8GC (Link to this contribution)
I shall speak to opposition Amendments Nos. 110 and 111, which deal with the same subjects as the am...
Lord Dholakia | 683 c54GC (Link to this contribution)
moved Amendment No. 123:"Page 19, line 4, at end insert—"
““(e) from working with or using animals...
Lord Rooker | 683 c53GC (Link to this contribution)
moved Amendment No. 120:"Page 18, line 26, leave out subsection (6)."
On Question, amendment agreed...
Lord Rooker | 683 c57-8GC (Link to this contribution)
It does not appear to have been the thinking behind my notes, so I hope I shall get an answer on tha...
Lord Rooker | 683 c62GC (Link to this contribution)
moved Amendment No. 138:"Page 22, line 19, leave out ““pay a sum representing”” and insert ““reimbur...
Lord Rooker | 683 c59GC (Link to this contribution)
moved Amendment No. 130:"Page 20, line 42, leave out ““costs”” and insert ““expenses””"
On Question...
Lord Rooker | 683 c61-2GC (Link to this contribution)
I hope that I can satisfy the noble Baroness on these points by drawing her attention to the fact th...
Lord Rooker | 683 c64GC (Link to this contribution)
moved Amendment No. 163:"Page 33, line 13, leave out ““6(11)”” and insert ““6””"
On Question, amend...
Lord Rooker | 683 c41GC (Link to this contribution)
It is very unfair. The noble Duke saying that he had his money in December is like pouring salt in a...
Baroness Byford | 683 c40GC (Link to this contribution)
I am grateful for that. The Minister has been very helpful. I will read Hansard and perhaps have fur...
Lord Rooker | 683 c39-40GC (Link to this contribution)
Earlier on I was looking at the definitions of inspectors. They are either the inspectors employed b...
Lord Rooker | 683 c36-7GC (Link to this contribution)
moved Amendment No. 104:"Page 14, line 3, leave out ““costs”” and insert ““expenses””"
On Question,...
Duke of Montrose | 683 c35-6GC (Link to this contribution)
I wish to speak to the two amendments we have tabled in the group with all the government amendments...
Lord Rooker | 683 c37-9GC (Link to this contribution)
I hope that I can give an adequate response to the noble Baroness. I agree with much of the thrust o...
Lord Dholakia | 683 c29GC (Link to this contribution)
The amendment in the names of the noble Baroness, Lady Byford, and the noble Duke, the Duke of Montr...
Lord Dholakia | 683 c30-1GC (Link to this contribution)
moved Amendment No. 98:"Page 13, line 34, leave out from ““heard”” to end of line 36 and insert ““an...
Lord Rooker | 683 c29-30GC (Link to this contribution)
I do not want to mislead the noble Baroness, but I would be very happy to accept her amendment if no...
Lord Kirkhill | 683 c27GC (Link to this contribution)
The Duke of Montrose and Lord Kirkhill agree with that remark.
Baroness Byford | 683 c20-1GC (Link to this contribution)
I am grateful for that clarification. In an earlier debate on this Bill there was a difference of vi...
Lord Greaves | 683 c19GC (Link to this contribution)
I would certainly not criticise the Minister for speaking at inordinate length. What she has said wi...
Duke of Montrose | 683 c6GC (Link to this contribution)
I shall speak to our Amendments Nos. 71 and 73, which are grouped with Amendment No. 70. Amendment N...
Lord Christopher | 683 c2-3GC (Link to this contribution)
I support the amendment. Eight weeks sounds right to me. I do not want to repeat what has been said,...
Baroness Byford | 683 c42-3GC (Link to this contribution)
moved Amendment No. 107:"Page 16, line 37, at end insert—"
““(2) Prosecution of offences defined u...
Lord Rooker | 683 c43-5GC (Link to this contribution)
I hope I can satisfy the noble Baroness. The clause is only 16 words long, but it is pretty importan...
Baroness Farrington of Ribbleton | 683 c48-50GC (Link to this contribution)
I begin by picking up on one of the noble Duke’s main thrusts. The Bill imposes no requirement for b...
Lord Dholakia | 683 c46-7GC (Link to this contribution)
moved Amendment No. 108:"Page 17, line 4, leave out ““this Act”” and insert ““section 9, 12, 13 or 3...
Baroness Farrington of Ribbleton | 683 c51-3GC (Link to this contribution)
We believe these amendments stem from a misconception about how the Bill’s post-conviction powers fi...
Baroness Byford | 683 c53GC (Link to this contribution)
I have listened very carefully, but I am still a little perplexed. The Minister did not respond to m...
Lord Rooker | 683 c53GC (Link to this contribution)
moved Amendments Nos. 116 and 117:"Page 18, line 20, leave out ““or another person””""Page 18, line ...
Baroness Byford | 683 c53GC (Link to this contribution)
I am grateful. It seems a little unusual. Obviously the matter will be very clear in open court as i...
Duke of Montrose | 683 c54-5GC (Link to this contribution)
In spite of the exemplary source of this amendment, we have certain misgivings about it. As it stand...
Baroness Fookes | 683 c58GC (Link to this contribution)
I should point out that if Amendment No. 129 is agreed to, I shall be unable to call Amendment No. 1...
Lord Rooker | 683 c58-9GC (Link to this contribution)
This amendment seeks to include a requirement in Clause 35 to restrict the category of people to who...
Lord Rooker | 683 c58GC (Link to this contribution)
moved Amendments Nos. 127 and 128:"Page 20, line 33, after ““reimburse”” insert ““the””""Page 20, li...
Lord Greaves | 683 c58GC (Link to this contribution)
I am grateful for the Minister’s comments and I beg leave to withdraw the amendment.
Amendment, by ...
Lord Greaves | 683 c56GC (Link to this contribution)
moved Amendment No. 124:"Page 19, line 38, at end insert—"
““(1A) A seizure order may be made—
(a)...
Lord Rooker | 683 c62GC (Link to this contribution)
moved Amendment No. 146:"Page 24, line 10, leave out ““costs”” and insert ““expenses””"
On Question...
Baroness Byford | 683 c62GC (Link to this contribution)
I am grateful to the Minister for that response. I shall read it carefully and reflect on it. I acce...
Lord Rooker | 683 c63-4GC (Link to this contribution)
moved Amendment No. 150:"After Clause 42, insert the following new clause—"
““ORDERS MADE ON CONVI...
Duke of Montrose | 683 c41-2GC (Link to this contribution)
I thank the Minister for clarifying so much of that, and for giving us some more insight into Europe...
Lord Rooker | 683 c36GC (Link to this contribution)
We shall come back to this on Report. It might be possible to prosecute both. If that is not possibl...
Duke of Montrose | 683 c36GC (Link to this contribution)
I think that the legislation now says that the owner has a responsibility for seeing that the animal...
Lord Rooker | 683 c36GC (Link to this contribution)
moved Amendment No. 102:"Page 13, line 44, leave out ““incurred in”” and insert ““of””"
On Question...
Lord Rooker | 683 c34-5GC (Link to this contribution)
moved Amendment No. 100:"Page 13, line 44, after ““reimburse”” insert ““the””"
The noble Lord said:...
Baroness Byford | 683 c31-3GC (Link to this contribution)
I am grateful to the noble Lord, Lord Dholakia, for explaining his Amendment No. 98. I shall speak ...
Baroness Byford | 683 c30GC (Link to this contribution)
I am grateful to the noble Lord, Lord Dholakia, for speaking to his Amendment No. 159, which we supp...
Baroness Byford | 683 c33-4GC (Link to this contribution)
I am glad that the Minister has given that assurance. As far as I am aware, we do not have a date fo...
Lord Rooker | 683 c33GC (Link to this contribution)
On the latter point raised by the noble Baroness, it would be a violation of the court’s general obl...
Lord Greaves | 683 c27GC (Link to this contribution)
I am grateful; I cannot ask for anything more at this stage. The other issue is whether the point ab...
Duke of Montrose | 683 c21-3GC (Link to this contribution)
moved Amendment No. 88:"Page 11, line 32, leave out ““an inspector or a constable”” and insert ““he”...
Lord Greaves | 683 c27GC (Link to this contribution)
There is an issue between us here and I hope that the Government will look at it again. The Minister...
Duke of Montrose | 683 c27-8GC (Link to this contribution)
I must thank the Minister for giving us so much to think about. Indeed, there is quite a lot here wh...
Baroness Byford | 683 c19-20GC (Link to this contribution)
I beg the Minister’s pardon; perhaps I did not pick up on her words. I shall certainly read Hansard ...
Baroness Farrington of Ribbleton | 683 c19GC (Link to this contribution)
I did respond to those amendments.
Lord Greaves | 683 c13-4GC (Link to this contribution)
As the noble Baroness, Lady Byford, said, Clause 14, together with some subsequent clauses, deals wi...
Lord Rooker | 683 c7-8GC (Link to this contribution)
In response to the noble Lord, Lord Greaves, with regard to the judicial review issue, we have seen ...
Lord Dholakia | 683 c8-9GC (Link to this contribution)
Unless we have a clear definition of what we are talking about with regard to sanctuaries, it will b...
Lord Christopher | 683 c9GC (Link to this contribution)
Perhaps I can ask my noble friend to reflect on whether the granting of a licence would be affected ...
Lord Dholakia | 683 c2GC (Link to this contribution)
I support the amendment in the name of the noble Baroness, Lady Byford, and the noble Duke, the Duke...
Duke of Montrose | 683 c1-2GC (Link to this contribution)
moved Amendment No. 69:"After Clause 12, insert the following new clause—"
““SALE OF DOGS
(1) A ...
Duke of Montrose | 683 c4GC (Link to this contribution)
I thank the Minister for responding to all these points. We have opened up what has turned out to be...
Lord Greaves | 683 c4-6GC (Link to this contribution)
moved Amendment No. 70:"Page 9, line 23, at end insert ““, and"
(c) involves the establishment o...
Lord Rooker | 683 c45-6GC (Link to this contribution)
I presume that is the case, but I will take advice. These are new offences, and local authorities wo...
Baroness Byford | 683 c45GC (Link to this contribution)
I am grateful. I was more than happy to bring this amendment forward again because I thought it need...
Lord Dholakia | 683 c50GC (Link to this contribution)
I thank the Minister for her explanation. This is a technical matter. I shall read Hansard tomorrow ...
Lord Dholakia | 683 c51GC (Link to this contribution)
Amendment No. 122 is in this group. The noble Baroness, Lady Byford, has put the case and I do not b...
Baroness Farrington of Ribbleton | 683 c53GC (Link to this contribution)
I would choose to write to the noble Baroness and to the noble Lord.
Lord Rooker | 683 c55-6GC (Link to this contribution)
I take what the noble Duke said in his opening remarks about the impeccable credentials of where thi...
Duke of Montrose | 683 c59GC (Link to this contribution)
I am grateful for that explanation. The point I want to make in response is that I do not see how ou...
Duke of Montrose | 683 c58GC (Link to this contribution)
moved Amendment No. 129:"Page 20, line 38, leave out subsections (3) and (4) and insert—"
““(3) In...
Baroness Byford | 683 c56-7GC (Link to this contribution)
I shall speak to Amendment No. 125 in the group. It is really a probing amendment. The courts have c...
Lord Dholakia | 683 c56GC (Link to this contribution)
I thank the Minister for that reply and I beg leave to withdraw the amendment.
Amendment, by leave,...
Lord Rooker | 683 c63GC (Link to this contribution)
moved Amendments Nos. 148 and 149:"Page 24, line 12, leave out ““sum”” and insert ““expenses””""Page...
Lord Rooker | 683 c62GC (Link to this contribution)
moved Amendment No. 140:"Page 22, line 21, leave out subsection (4)."
On Question, amendment agreed...
Lord Rooker | 683 c62GC (Link to this contribution)
moved Amendment No. 142:"Page 22, line 37, leave out subsection (2)."
On Question, amendment agreed...
Baroness Byford | 683 c59-61GC (Link to this contribution)
moved Amendment No. 135:"Page 22, line 3, leave out ““destruction”” and insert ““disposal””"
The no...
Lord Rooker | 683 c41GC (Link to this contribution)
It is true, and farmers in Wales and Northern Ireland had some of their money in December as well.
...
Duke of Montrose | 683 c41GC (Link to this contribution)
It is true. I am afraid I cannot help it.
Duke of Montrose | 683 c40GC (Link to this contribution)
My opposition to the Question is probing. The Minister has, in his previous explanation, to some ext...
Lord Dholakia | 683 c34GC (Link to this contribution)
We are perfectly happy. The Minister is right to ask for more time for consideration. I am delighted...
Lord Rooker | 683 c36GC (Link to this contribution)
On that point, the example I gave was that the farm manager could have been convicted for cruelty. T...
Baroness Byford | 683 c37GC (Link to this contribution)
In previous debates, we suggested that inspectors had considerable powers to deal with companion ani...
Baroness Byford | 683 c28-9GC (Link to this contribution)
moved Amendment No. 97:"Page 13, line 2, at end insert—"
““( ) An inspector or a constable must pa...
Baroness Farrington of Ribbleton | 683 c28GC (Link to this contribution)
If it is helpful to the noble Duke, I can say that I understand that this concerns who assumes posse...
Duke of Montrose | 683 c28GC (Link to this contribution)
I think what the noble Baroness is telling us is that an owner could have called and asked for the v...
Baroness Farrington of Ribbleton | 683 c27GC (Link to this contribution)
I had failed to take on board completely the nuance of the noble Lord’s point. Without any commitmen...
Lord Greaves | 683 c23-4GC (Link to this contribution)
I shall speak to Amendments Nos. 90, 91 and 95, which stand in my name and that of my noble friend L...
Baroness Farrington of Ribbleton | 683 c24-6GC (Link to this contribution)
Clause 18 provides a crucial and long overdue extension to the current law, alongside the new duty o...
Lord Dholakia | 683 c26GC (Link to this contribution)
The Minister has been very generous on the previous amendments, making some useful suggestions. As s...
Baroness Farrington of Ribbleton | 683 c26-7GC (Link to this contribution)
Having been government Whip for the majority of the passage of the Bills setting up the Scottish Par...
Lord Greaves | 683 c27GC (Link to this contribution)
I thank the Minister for the comments on the amendments to which I spoke. I am entirely in favour of...
Baroness Farrington of Ribbleton | 683 c20GC (Link to this contribution)
I shall also read carefully what I said. It was my intention to refer with particular regard to appr...
Baroness Byford | 683 c19GC (Link to this contribution)
I, too, thank the Minister for replying so fully. Perhaps I may bring her back to Amendments Nos. 81...
Lord Dholakia | 683 c14-5GC (Link to this contribution)
I shall concentrate on Amendment No. 83 but, first, this is a very important clause concerning what ...
Baroness Byford | 683 c11-3GC (Link to this contribution)
moved Amendment No. 77:"Page 10, line 11, at end insert—"
““( ) The authority responsible for ...
Lord Rooker | 683 c9-10GC (Link to this contribution)
All those points are relevant to the definition. Planning permission is certainly a relevant factor....
Lord Lucas | 683 c10GC (Link to this contribution)
I understand entirely what the Minister has said about the drafting in Amendment No. 72 and I am sur...
Lord Greaves | 683 c11GC (Link to this contribution)
I thank the Minister for his remarks about animal fairs. I look forward to the Government’s further ...
Duke of Montrose | 683 c8GC (Link to this contribution)
Are we to have a definition of what constitutes an animal sanctuary? Presumably an animal sanctuary ...
Lord Lucas | 683 c6-7GC (Link to this contribution)
It is clear that churches in my noble friend’s part of the world are a great deal less rapacious tha...
Countess of Mar | 683 c1GC (Link to this contribution)
If there is a Division in the Chamber while we are sitting, the Committee will adjourn as soon as th...
Lord Rooker | 683 c3-4GC (Link to this contribution)
I am grateful to the noble Duke for moving the amendment. I hope that I can give a satisfactory answ...
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