Animal Welfare

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ELISTA Education 2012April 2012

Saturday, Roscrea

Animal Related Legislation

Selection of Relevant ‘Pet’ Acts

Protection of Animals from Cruelty Act Protection of Animals for Sale Greyhound Industry Act Animals Act Control & Protection of Dogs Control & Protection of Horses Dog Breeding Establishments Act Welfare of Greyhounds Act

Selection of Relevant ‘Farm Animal’ Acts Protection of Animals from Cruelty Act Protection of Animals for Sale Protection of Animals Kept for Farming

Purposes Transport of Animals Regulation of Animal Slaughter Control and Protection of Bulls

Selection of Relevant ‘Other Animals/Industries’ Acts Alleviation of Suffering of Abandoned or Straying

Animals Confinement of Animals and Proper Maintenance of

Pounds Preventing the Administration of Poison and Illegal

Substances to Animals Operations on Animals Hunting & the Protection of Wildlife Animal Remedies Act

Irish Legislation Resources

ISPCA (legal handbook)- http://www.ispca.ie/assets/legal.pdf

ANVIL- http://www.anvilireland.ie/quick-links-to-roi-legislation.html

Irish Statute Book website- www.irishstatutebook.ie

Oireachtas website- www.oireachtas.ie/parliment

Legislation to Review

Protection of Animals from Cruelty Act Protection of Animals for Sale Control & Protection of Dogs Dog Breeding Establishments Act Welfare of Greyhounds Act Hunting & the Protection of Wildlife

Protection of Animals (from Cruelty) Act 1911(amended 1965)

Key points

Initial 1911 only protected ‘domestic’ and ‘captive’ animals. Extended to ‘wild’ animals in the 1965 amendment so now ALL animals protected from ‘cruelty’.

“Cruelty” is causing unnecessary suffering. Includes positive acts as well as abandonment and neglect in circumstances that are likely to cause unnecessary suffering.

What members of the public should do if they witness cruelty to animals

What to do with an animal severely suffering “Any person” can be prosecuted for cruelty (owner/non-

owner and person in charge). If an unidentified animal is found it is assumed to be that of the land owner.

Protection of Animals for Sale 1965 (Amended 1967, 1985)

Key points

Includes sale of pets in pet shops and livestock at marts In the legislation the general term ‘pound’ is used, with the same

regulations that animals must have constant water supply and be without food for no longer than 6 hours. Any person may lawfully enter the pound to provide food if not provided!

Conditions for keeper of animal for sale include; “accommodation suitable in respects of size, temperature, lighting, ventilation and cleanliness…sufficient quantity of suitable food and water…prevent among animals the spread of infectious disease…safe guarded from fire hazards …and only sold at an age that is not likely to cause suffering to them”!

Animals are not to be sold in a public place Offence to sell a pet to anyone under the “apparent age of 12”

Key points

This act and the Livestock Marts Act 1967 protect “livestock” (sheep, cattle and pigs)

It aims to prevent cruelty by firstly requiring a Mart License, then making requirements for “Veterinary…constant supply of water, removal of faecal waste, facilities for safe, speedy, efficient, and discomfort free loading, segregation of adults male animals, pens constructed of suitable material and properly disinfected.

Licensees are required to refuse animals in excess of the mart capacity Marts are inspected by representatives of the Department of Agriculture

to assess compliance with legislation

Control & Dogs Act 1986 (Amended 1992) other specific amendments e.g Guard Dogs

Key points Requirement for license Control of dogs- must be accompanied and under “effectual control” in

public places. Dogs worrying livestock can be: seized and brought to dog warden, can

(if no other option) be shot, even if ‘about’ to worry livestock or if found in area of injured or dead livestock. Shooting must be reported with details to Gardai.

Stray dogs can be taken by public, but they should report to Gardai OR dog warden

Unclaimed dogs can be destroyed after 5 days Finders can keep dogs, if detail such to Gardai or dog warden, but ‘legal’

owner can claim dog within one year of finding! Further Control of Dogs Act 1986 (Guard Dogs) Regulations 1989,

(Restriction of certain Dogs)1998. Illegal to have dog pull cart, carriage, barrow on highway

Restricted Breeds

Dog Breeding Establishments Act 2010

Key points

Came into force January 1st 2012, with existing establishments having until 30th June 2012 to comply.

Any establishment holding 6 or more bitches over 6 months and capable for breeding must register with their local authority

Operators are required to comply with ‘guidelines’ attached to the act, these include; construction, space, temperature, lighting, bedding, exercise, grooming, hygiene and veterinary care.

Welfare of Greyhounds Act 2011

Key points

Act signed into law on 16th November by Michael D Higgins, president of only 5 days!

Produced from a coalition of animal welfare groups, the greyhound industry and Department of Agriculture

Enforces cruelty as described in 1911 Act Regulated by Irish Greyhound Board and Irish Coursing Club in

association with local Authorities Used in conjunction with Breeding Establishments Act (Guidelines for

housing etc and registering of establishment) Restrictions on number of litters from breeding bitches Greyhounds to be identifiable and registered, including when sold or

transferred

Wildlife Act 1976

Key points Protected wildlife are described to be: Badgers, Bats, Deers, Hares,

Hedgehogs, Otters, Pine Martens, Red Squirrel, Dolphins, Porpoises, Seals, Whales, Natterjack Toad and many birds excluding (some examples) Sparrows, Magpie, Bullfinch, Crow, Starling.

Licenses are required to hunt any protected birds and may be granted for animals such as hares, deer and otters

Firearms may be used to hunt by ‘qualified’ people Traps and snares are prohibited To injure in the process of hunting is an offence (unless licensed) It is an offence to hunt ‘over’ someone else’s land and use equipment to

entice or dazzle animals Wild animals are included in the Protection of Animals from Cruelty Act

since 1965.

LEGAL DIFFICULTIES

•Outdated legislation (industries evolved)

•Legal Loopholes

•Subjective Terminologies

•Exemptions

•Animals do not make great witnesses!!

ANIMAL ETHICS

The World Animal Foundation describes Animal Ethics to be:

Addressing the “questions of morality, such as what makes our actions right or wrong…animal ethics is something that we all interact with on a daily basis”

ANIMAL ETHICS

Discussing Ethics is not far removed from discussing ‘perceptions of animal welfare’ as we did at the beginning of the course. Perceptions of welfare were described to be influenced by:

Personality Empathy Experience (ownership) Knowledge Gender (+genes) Religion + Cultural information exchange Environmental (Media and Nurtural influence)

Euthanasia

Why do owners or animal care givers have the right to choose?

What can help influence the moral decision that has to be made?

The knowledge that we have “taking responsibility for” Understanding quality of life, good welfare as given in five freedoms Legislation- are we being cruel? Inflicting unnecessary suffering? Professionals Opinions- vets Our scientific mind- observations of changes in behaviour and understanding of pet

attachment and the potential for allowing suffering for our own agenda. Our Conscience, Our Empathy and Our Anthropomorphism

ANIMAL ETHICS

“Interacting with animal ethics on a daily basis” causes us to have to make moral decisions; whether something is right or wrong.

Now hopefully moral decisions in relation to Animal Welfare can be made not only based upon influences on personal perception, but also scientific research, explorative personal research, informative guidelines of best practise and also relevant legislation. This will allow you to become confident in the daily ethic decisions you have to make.

We wish you luck!