Clause 4 - Unnecessary suffering
Animal Welfare Bill
4:00 pm
Ben Bradshaw (Parliamentary Under-Secretary (Local Environment, Marine and Animal Welfare), Department for Environment, Food and Rural Affairs; Exeter, Labour)
The hon. Gentleman acknowledges the fact that this Bill is expanding the scope of abandonment being an offence, since under the 1911 Act suffering had to occur before any offence had been committed, whereas under the Bill if an animal is abandoned and its welfare needs are not being met, that too is an offence.
With the greatest respect to hon. Members, I think that amendment No. 14 is misguided. A person who abandons an animal, and fails to make reasonable provision for its welfare needs at the point of abandonment, commits an offence under clause 8. However, to amend the Bill so that the person continues to be responsible for the animal or animals indefinitely would be unenforceable and impractical. Let me give an example. If I released a fish into a river—as I have already noted, it is difficult exclude that from a definition of abandonment—it would be surprising if I were considered responsible for it until it happened to be caught by an angler in a year's time. Equally, if I released my game birds, it would be unfortunate if I were still considered responsible for them when they were shot two months later. On any view, I have ceased to be responsible for the day-to-day care of the animals in both those examples, and it would not be sensible to extend the Bill so that I was considered to be responsible.
In short, Madam Chairwoman, the act of abandoning an animal is still an offence under the Bill. We make no explicit provision for it because we do not want to make the Bill any longer or more complex than it has to be, and such a provision would add nothing. However, that in no way downgrades the offence. The same penalties are available under the Bill as under the Abandonment of Animals Act 1960 if the animal is caused unnecessary suffering. Indeed, as I mentioned, the Bill makes an additional layer of protection available, because the welfare offence in clause 8 makes possible early intervention to prevent suffering. On that basis, I urge hon. Members to withdraw the amendment.