ANALYSIS OF RESPONSES TO THE CONSULTATION DOCUMENT 'PROPOSALS TO REVISE EXISTING ANIMAL WELFARE LEGISLATION'
An overview of the consultation
On 31 March 2004, The Scottish Executive issued a consultation document, 'Proposals to Revise Existing Animal Welfare Legislation: A Consultation Document Issued by the Scottish Executive Environment and Rural Affairs Department'.
This consultation document forms part of a wider review of animal welfare in Scotland which will lead to the development of new animal welfare legislation. The basis for this legislation is an earlier consultation paper, 'Proposals to Amend the Protection of Animals (Scotland) Act 1912' which was issued on 21 March 2003. The proposals in that paper aimed to address the specific problem of the lack of statutory powers available to local authorities to remove neglected farm livestock which are suffering or at risk of suffering. A number of consultees agreed that these proposals should be introduced (similar ones have since appeared on the statute book in England and Wales in the Protection of Animals Act 2002). However, the responses also very clearly demonstrated that there was a need for a wider reform of existing animal welfare legislation. Scottish Ministers agreed to expand the scope of the proposal and to undertake a wider review of the existing animal welfare legislation. This present consultation paper is undertaking that review. Responses to the consultation will provide the basis for the development of policy to develop a draft Scottish Animal Welfare Bill which will be published in the spring of 2005. This will be the subject of a further consultation before a Bill is introduced into the Scottish Parliament.
The animal welfare consultation also referred to another consultation document, 'Animal Disease Control: Proposals for Legislation in Scotland', issued by SEERAD in February 2003. This was issued as part of a legislative review for a proposed Animal Health Bill. Among the issues on which it sought views was the licensing of markets. This subject is also raised in the current animal welfare consultation document.
This consultation document raised a series of questions relating to 19 subject areas on the welfare of all animals (including domestic pets) which man is either permanently or temporarily responsible, including owning, managing, or in any way keeping any animal, including buying, selling and transporting. A number of these subjects are already regulated under existing legislation, though others are not covered. The basis for this review was the existing legislation:
The Protection of Animals (Scotland) Act 1912 and amendments
Performing Animals (Regulation) Act 1925
Pet Animals Act 1951
Cockfighting Act 1952
Abandonment of Animals Act 1960
Animal Boarding Establishments Act 1963
Riding Establishments Acts 1964 and 1970
Agriculture (Miscellaneous Provisions) Act 1968 - Part 1
Breeding of Dogs Acts 1973 and 1991
Dangerous Wild Animals Act 1976
Animal Health Act 1981
The Deer (Scotland) Act 1996
Breeding and Sale of Dogs (Welfare) Act 1999
The consultation document did not cover the Dangerous Dogs Act 1991, dog fouling, and the Protection of Wild Mammals (Scotland) Act 2002. It specifically excluded the welfare of animals in scientific research, a reserved matter which is the responsibility of the Home Office.
The consultation document invited consultees to respond to 19 specific issues which the Executive consider could be included in future legislation. This list of issues was not placed in any order of priority. As it was not considered to be exhaustive, the consultees were also asked to raise any further relevant issues which they considered would improve existing animal welfare legislation.
The consultation period extended from 31 March 2004 to 2 July 2004. In response to a number of inquiries, this period was extended and responses were accepted until 10 August 2004. The consultation was announced through a Parliamentary Question and a Scottish Executive News Release. The consultation document was made available on the Scottish Executive website and published copies were issued to a large number of organisations and individuals. Copies were also sent to the Cross-Party Animal Welfare Group in the Scottish Parliament, the Clerk of the Environment and Rural Development Committee in the Scottish Parliament, SPICe Library, the Scottish Executive Library and the legal copyright libraries in Great Britain and Ireland.
The consultation exercise was open to all, but especially those with an interest in animal welfare in Scotland. It provided an opportunity to submit their views and comments on what should be included in any new Scottish animal welfare legislation. A total of 2,100 copies of the consultation document were issued and distributed. At the launch of the consultation, 1,600 copies were sent to a list of 632 consultees which included generic types of organisations who were issued with a number of multiple copies.
The consultees who were sent a copy of the paper at the start of the consultation period were listed at Annex B in the consultation document. These included a wide range of public bodies such as local authorities, police forces and other enforcement bodies, animal welfare organisations, businesses involved in animal welfare such as sanctuaries and rescue organisations, organisations relating to specific types of animals (such as canine and equine), agricultural and rural interests (such as markets, farming organisations, shooting), abattoirs and slaughterhouses, animal transporters, all veterinary practices in Scotland, and the veterinary profession. Others were equality organisations, disability groups which use assistance animals, the voluntary sector and young people.
During the consultation period, a further 500 consultation documents were issued to consultees that had not been on the initial distribution list; these included a small number of copies requested by organisations which required additional ones (a total of 142 organisations, businesses and individuals contacted SEERAD for further copies). A further 282 copies were sent to national, regional and local canine associations including breed societies, agility and training clubs. These were issued after a number of consultees who attended the open meetings, undertaken during the consultation period, suggested that these groups should be more widely consulted. The remaining copies were distributed at the consultation meetings.
In addition to the written consultation paper, a total of 13 general and focus meetings took place between 19 May 2004 and 15 June 2004. The four open meetings were held in hotels in Edinburgh, Glasgow, Inverness and Aberdeen and the nine focus meetings were held in the SEERAD offices in Pentland House, Edinburgh. All were held in the afternoon. The open meetings were organised to allow members of the general public, professionals in animal welfare and other interested parties to comment on the proposals and to provide a general forum for the exchange of views among themselves and with SEERAD officials. The focus meetings were intended to provide pointed sessions on one or a small group of related issues listed in the consultation paper. The focus meetings were structured around the following issues:
Enforcement
Welfare groups
Agriculture and livestock issues
Horse welfare issues
Boarding/breeding/sanctuaries/performing animals/greyhounds
Pet shops/pet fairs/sale of companion animals/dangerous wild animals in captivity
Deer welfare issues
Sport shooting issues
Tail-docking
The open meetings were advertised by means of a Scottish Executive News Release. For the focus meetings, invitation letters were sent to around 130 organisations and individuals with a specific interest in animal welfare. These letters also drew attention to the open meetings and asked the invitees to bring these to the attention of their members and to others who would be interested in attending. In addition, MSPs who had an interest in the proposals were informed of the News Release.
The consultation document was reported in the Scottish press and a range of specialist animal trade magazines. Newspapers reported the launch of the consultation, the support of a number of MSPs to the proposals, and drew attention to the public consultation meetings:
Press & Journal (1 April 2004)
Scotsman (1 April 2004)
Courier (1 April 2004)
Irvine Extra (15 April 2004)
Greenock Telegraph (23 April 2004)
Dundee Evening Telegraph (7 May 2004)
The Press and Journal (13 May 2004)
Inverness Courier (14 May 2004)
Helensburgh Lennox (21 May 2004)
Dog World (May 2004)
Horse and Hound (May 2004)
The Press & Journal (9 July 2004)
Herald (9 July 2004)
Scottish Farmer (10 July 2004)
Galloway News (22 July 2004)
Mearns Leader (23 July 2004)
A total of 325 written responses were received to the consultation document. Responses received after the closing date of 2 July 2004 are also included in this figure and this analysis.
The responders asked for their responses to be used in a number of ways. During the consultation process, responder forms were sent to all responders. Some 142 responders returned their form, leaving a total of 183 who did not, and thus have not indicated how they wanted the Scottish Executive to deal with their response. It has been assumed that they are content for their response, their name and address, to be made available as part of their response. A further three submitted their forms but failed to identify themselves. The responders who wished their responses to be made available to the public have indicated that their responses should be dealt with in the following ways:
70 individuals and organisations wanted their response to be made available, and agreed that their name, address and response could also be made available.
19 responders, all individuals, wanted their response to be made available, but not their name or address.
43 individuals wanted their response and name to be made available, but not their address.
1 completed part of the form but did not note whether they wanted their contribution to be made available.
7 responders asked for their contribution to remain confidential.
Copies of all responses which have been made available under the first three points, are available for public inspection at the Scottish Executive Library, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD. Copies of responses can be viewed by visiting the library or can also be provided by post. Charges for photocopies are made on a cost-recovery basis. To request copies by post and enquire about charges or make an appointment to view responses at the library, contact the Library on 0131 244 4552.
This analysis of responses is also published on the Scottish Executive website at www.scotland.gov.uk/consultations. Hard copies have been sent to responders who submitted a response by post, and electronic link where they submitted an electronic response. Further copies are available from SEERAD.