Countryside groups maintain gun dog exemption from
docking ban under new law
Photo: British Association for Shooting and Conservation

AN Act of Parliament described as the single most important piece of legislation to protect animals for almost a century is a step closer to becoming the law of the land after receiving Royal Assent yesterday (November 8).

The Animal Welfare Act 2006 brings together more than twenty pieces of animal welfare legislation relating to farmed and non-farmed animals and will come in to force on the 6th of April 2007. It means that owners and keepers will - for the first time - have a legal responsibility to care for their animals through the introduction of a new welfare offence.

Animal Health Minister Ben Bradshaw said: "The most fundamental piece of animal welfare legislation for nearly a century has now passed into law. The Government believes that by extending the duty of care to non-farmed animals, it will reduce animal suffering in this country."

Under the new law, owners will have to take reasonable steps to provide their animals with a proper diet (including water); a suitable place to live; house them with, or apart from, other animals as necessary; ensure they are able to express normal behaviour; and protect them from pain, suffering and injury.

While the RSPCA stresses that the vast majority of pet owners already exercise such responsibility, figures released by the animal welfare charity show that, in the first 10 months of 2006, its inspectors still discovered:

More emphasis is now placed on owners and keepers; they will need to understand their responsibilities and take all reasonable steps to provide for the needs of their animals. Importantly, the Act will allow action to protect animals to be taken much earlier - rather than have to wait for an animal to show the signs of suffering - and enforcers such as RSPCA inspectors will be able to intervene before suffering begins.

"At last people will have a legal duty to properly care for their animals and the RSPCA will be able to respond positively to reported incidents of neglect," said RSPCA director general, Jackie Ballard.

At last people will have a legal duty to properly care for their animals

Jackie Ballard - RSPCA

"Our whole purpose is to prevent animals from suffering at the hands of cruel or ignorant people, and this new law will help us in that mission. After all, the 'P' in the RSPCA stands for prevention - prosecution is a last resort."

In addition to the new welfare offence, the Animal Welfare Act updates offences and penalties related to causing unnecessary suffering, fighting, mutilations and administering poisons.

Restrictions are also placed on the docking of dogs' tails - Working dogs were excluded from a general ban on cosmetic docking in England and Wales after a free vote in the Commons in March.

The Government had originally intended to ban prophylactic or preventative docking as well as that carried out for cosmetic reasons, but - after concerns were raised by a number of countryside groups that tails could be easily injured on moorland or in thick undergrowth - tabled a number of technical amendments to the Bill which were agreed during debate.

The amendments reinforced that only terriers, pointers, spaniels and their cross-breeds can be docked for prophylactic reasons.

• For more information on the Animal Welfare Act go to: http://www.defra.gov.uk/animalh/welfare/bill