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  4. Holyrood committee backs new animal welfare measures

Holyrood committee backs new animal welfare measures

12th February 2020 | criminal law

Proposed stronger protections for the health and welfare of animals and wildlife in Scotland have been supported in the stage 1 report on the bill.

Holyrood’s Environment, Climate Change & Land Reform Committee has backed the general principles of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill, while suggesting that it could go further. It further recognises that there is much to be set out in the regulations that would follow if the bill is passed.

The bill would increase the maximum penalties for animal welfare and wildlife crime offences to five years in prison, while also allowing fixed penalty notices for minor offences. In addition it would increase the protection for service animals ("Finn’s law") through the removal of the defence of self-defence; and remove the requirement for court orders for rehoming animals. 

The committee has raised concerns about the lack of a central registration system to facilitate information sharing between authorities and agencies in relation, for example, to previous convictions.

Its report also recommends: 

  • that the options for enhanced detection and prosecution by expanding the powers of the SSPCA be explored;
  • that impact statements should be used as a matter of standard practice; and
  • that the Scottish Government works with Crown Office to provide more clarity and guidance about vicarious liability.

Committee convener Gillian Martin MSP commented: "We have explored the proposed penalties along with the powers given to those authorised to take animals into possession on welfare grounds. The bill was widely welcomed, but we believed more could be done.

"We recognise the tight focus of the bill but we’re also in no doubt that it goes a long way to improving animal and wildlife protections in Scotland. When implemented, there should be greater co-operation, greater resourcing and greater awareness of the issues involved. The health and welfare of our animals and wildlife will be significantly improved."

 

Click here to view the committee's report.

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