This item was published during the term of a previous administration that ended in April 2007
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Prevention of cross-border animal cruelty
07/12/2005
The Scottish Parliament today considered a 'Sewel Motion' that seeks to ensure orders banning people from keeping animals due to cruelty are valid throughout Britain.
Both the Scottish Parliament and Westminster Government are currently considering the introduction of separate pieces of legislation to up-date laws on animal welfare.
Deputy Environment Minister Rhona Brankin said:
"Gaining the Parliament's approval to this Sewel Motion will help to ensure we prevent cruelty towards animals.
"Disqualification orders are normally only made in the most severe cases of animal cruelty and abuse. It would be clearly wrong for a convicted person who is disqualified in keeping animals in one part of Britain to move to another area and continue keeping animals."
Once the Scottish animal welfare legislation is passed, the Minister will seek an order under Section 104 of the Scotland Act to ensure disqualifications made by a Scottish court will be effective in England and Wales.
The Animal Health and Welfare (Scotland) Bill, introduced to Parliament on October 5, updates, strengthens and consolidates animal welfare legislation, some of which dates back to 1912.
The bill protects animals where they are suffering or are likely to suffer. Under current legislation, an animal can only be removed once suffering has taken place. It will now be possible to remove an animal to a place of safety before it suffers.
The Bill also strengthens and extends existing provisions relating to disqualification orders. It gives the court the power to disqualify a convicted person from owning or keeping animals.
Under current legislation if someone is disqualified from keeping animals they can continue their involvement in animal related activities by transferring the ownership of the animal to a relative or friend. It will no longer be possible to do this.
CASE STUDY
Welsh farmer, Julian Jones, was disqualified for life by Lampeter Sheriff Court in 1999 for causing suffering and for failing to dispose of carcases.
He moved to Scotland and ran an illegal slaughterhouse, delivering "sheep smokies", a Carribean and West African meat delicacy, to England.
The Scottish SPCA worked with trading standards officers in investigating Jones. He was traced by animal health inspectors and the State Veterinary Service.
Carcases of 62 sheep which had been left to bleed to death were found along with 39 live and shorn sheep.
Jones admitted five food safety and animal welfare offences, including slaughtering sheep without a licence, preparing carcasses for human consumption in dirty and unhygienic conditions and preparing for sale sheep carcasses, offal and heads which were unfit for consumption. He was jailed for six months at Elgin Sheriff Court in February this year (2005).