Legislation is the development, enactment and application of laws.
It is important for enforcement, education and encouragement.
19th Century Legislation
Legally, animals were a man's property to dispose of as he wished.
Martin's Act 1822
First success
Made in an offense for anyone (including the owner) to wantonly and cruelly beat,
abuse or ill treat any horse, mule, ass, ox, cow, heifer, steer, sheep or other cattle.
Brought about the "Society for the Prevention
of Cruelty to Animals (1824)
Powerful contacts lobbied Parliament to extend to legislation to a wider range of species,
increase penalties, ban animal baiting, require animals to be fed and allow licensed
knackers yards.
When Princess Victoria became a patron, the royal prefix was added in 1837 (RSPCA).
Successful policy of inspection
Education and tactical prosecution
Built up a huge body of knowledge to inform the public
Very effective and powerful use of patronage.
Battled with legal principle of what happened on private land was beyond the law
because of personal freedom.
Significant legal development happened in this period
Provision for the prevention of cruelty
Included domestic animals in that protection
Liability of 3rd party e.g. bosses who
demanded workers to abuse animals
Established "causing unnecessary pain and suffering
Legislation now had to cover more things:
Vivisection
Veterinary Practice
Prevention of disease
Wildlife protection
Live animal exports
Wild animals in captivity
The Protection of Animals Act 1911
Brought about by George
Greenwood (MP for
Peterborough)
Consolidation and clarification of all the legislation since Martin's 1822 act
Basis of current legislative framework
Hypocrisy of noble aristocratic vs. lower class field sports still apparent..
Anotações:
"...chase a calf or a donkey either "till it is torn to pieces or "till it sinks from weariness , would be.. a cruel act.. do the same to a deer is a noble and royal sport"
Wild animals are property of landowner who has property rights over them.
Could not act to remove an animal when welfare is threatened until cruelty
had taken place and can be prosecuted.
British Human Rights Act 1998
Provides protection of owners to enjoy their property
Lobbies for animals to change status from property to
sentient beings with their own rights.
World's Trade Union (WTO)
International, multilateral trading system in respect of goods, services and
intellectual property, dedicated to open, fair and undistorted competition.
Cannot refuse imports of goods based on animal welfare in their production
Potential to severely restrict developments of further
domestic/EU animal welfare law
Treaty of Rome (1957)
Promotes harmonious trade and economical policies to
increase European stability, standards of living and
Political relationships
Requires member states to adapt their legislation to accommodate this aim.
Includes European Acts on matters that effect all states e.g.
minimum standards for live animal transport.
UK Law - Animal Welfare Act 2006
marks a milestone in animal welfare legislation
Brings together and modernises welfare legislation.
Relating to farmed and non-farmed animals
Relating to farm and non-farm animals
Explicitly includes companion animals for the first time
Introduces a duty on owners and keepers for any animals they
are responsible for
All vertebrate animals
Ensures the welfare of animals in their care
For the first time enforcement can be taken even before
neglect has taken place - if there is a risk.
Reduce animal suffering by enabling preventative action to be taken before suffering occur
and places a responsibility on owners.
Deters persistent offenders by strengthening penalties and eliminating loopholes in the system
Strengthens and amends current offences for animal fighting.
Increases minimum age (12-16) for purchasing an animal.
Prohibits pets and prizes to unaccompanied children under 16
Bans mutilation of animals e.g. tail and ear docking
Penalties
Improvement notice
Tells the owner what steps need to
be taken out to improve it and a time
limit.
Criminal prosecution
Wildlife and Countryside Act (1981)
Legislative protection of wildlife in GB
Prohibits the release of non-native species
Restriction to killing and capture methods.
Prohibits self-locking snares
Prohibits use of live decoys
Prohibits use of autonomic and
semi-autonomic weapons, artificial
lights and smoke
Prohibits many forms of killing/taking wild
birds (e.g. crossbow and explosives)
Veterinary Surgeons Act (1996)
Management and training and regulation of veterinary professionals
"No individual shall practice, or hold himself out as practising or as being prepared to practice, veterinary surgery
unless registered in the register of veterinary surgeons or supplementary veterinary register"
Some exemptions are included:
Treatment and operations on farm animals
Administering medications under direction
Amendments have altered the list of exemptions such as
allowing vet nurses to do some things
Breeding and Sale of Dogs Act (1999)
Aims
Amend and extend certain enactments related to the
commercial breeding and sale of dogs
Regulate the welfare of dogs kept in commercial breeding establishments
Extend powers of inspection
Establish records of dogs in
these etablishments
Pet Animals Act (1969)
Allows local authority to licence placing selling an animal
It is illegal to sell animals to children under 16 in public places without a licence.
Maintains the welfare of animals for sale
A pet shop licence cost approximately £162
Has not kept up to date with selling pets online.
Dangerous Dogs Act (1991-1997)
In response to a dog attack on a child
Aim is to control "types" of dogs considered as dangerous
Also aims to control dogs that is dangerously out of control
Four dogs are prohibited in the UK
Pitbull Terrier
Japanese Tosa
Dogo Argentino
Fila Brasilerio
It is an offence to own or keep any of those dogs unless it is on the Index of Exempted dogs.
Dangerous Wild Animal Act (1976)
Stops people keeping dangerous animals (i.e. big cats) as pets.
Aims to ensure that where private individuals keep wild animals they do
so so that it does not risk the public
Include most large herbivores, most large carnivores, fanged snakes, some birds and some reptiles
Hybrids of domestic animals act
Bengal cat is not deemed as dangerous
Endangered species act (1976)
Any specimen (plant or animal alive or dead) being imported
or exported or brought to any place must have documentation
to do so if it requires it
Prohibits the trade of species that are threatened with extinction
CITES
Convention on International Trade of Flora and Fauna
Introduced to deal with international concern about uncontrolled trade in
threatened plant and animal species
Ensures the safeguard of these resources for the future.
Currently protects more than 30000 species of animals and plants