Clause 9 - Transfer of animals by way of sale or prize to persons under 16
Animal Welfare Bill
1:45 pm
Norman Baker (Shadow Secretary of State for the Environment, Environment, Food & Rural Affairs; Lewes, Liberal Democrat)
Goldfish are certainly the main animals given as prizes, but theoretically it is possible that a person who entered a raffle might end up being given some sort of animal. I imagine that in those circumstances the animal would not come with detailed guidance about how to look after it. Indeed, any attempt to impose such guidance on someone who had won a prize might be doomed to fail. It is hardly likely that someone will be told, “Congratulations, you have won a prize, now you must sign this code of conduct and agree to undertake these conditions before you can accept your prize.” I have never seen that occur.
When animals are given as prizes—particularly goldfish, as the hon. Gentleman said—they are often not treated seriously. There have been horrific examples of animals simply being discarded when they are not wanted. If someone wins an animal as a prize, it is at least possible that they had not anticipated getting that animal, had no wish to have it and have no knowledge of how to treat it. They might then discard it without a second thought for the consequences for the creature.
The Bill makes it an offence for a person to give away an animal as a prize to a child under 16 unless that child is accompanied by someone over 16. That offence is a new introduction since the draft Bill. There should be an absolute ban on the giving of pets as prizes, for the reasons that I have given. There can be no guarantee that even somebody over the age of 16 would deal responsibly with such a prize.
Without prejudice to amendment No. 15, amendment No. 16 would qualify the position set out in subsection (4)(b), which states that a person is permitted to give prizes to someone accompanied by a person over 16. There is no indication in that subsection of what the relationship might be between the person under 16 who is being given the prize and somebody over 16 who may happen to be with them. The under-16-year-old could be accompanied, for example, by a 17-year-old friend who had no family connection with them or responsibility for them. There would thus be no guarantee that the person over 16 would exhibit any responsibility towards the person under 16 who was given a pet as a prize. The fact that a child happens to be with somebody over 16 is no defence; it will not ensure that the animal is properly cared for. That would be the case only if the person over 16 had responsibility for the one under 16; in other words, if they were a parent, guardian or of a similar relationship so that they could be held responsible. Otherwise, I can envisage somebody under 16, who happens to be accompanied by somebody who is 17, winning a prize and then behaving irresponsibly. How could one hold the person over 16 responsible in that situation? It would not wash.
Amendment No. 17 is intended to seek clarification from the Minister on the phrase “in a family context”. I notice that the amendment is supported by the hon. Members for Leominster and for Stroud, who may also want to speak to it. I am concerned about what the phrase means, and would welcome clarification on that point. Although the phrase may be useful, it is nevertheless helpful to explore in Committee what the Minister understands by it. It may mean that it would be normal behaviour, for example, for a parent to give a child a dog or cat for Christmas. They may do so responsibly, giving the child good guidance and ensuring that the animal is properly cared for. Nobody wants to eliminate such activity, and we are making no attempt to do so.
The phrase “in a family context”, however, could be deemed to mean something less satisfactory. It could mean, for example, that a distant aunt, uncle or cousin could give a dog or cat to someone who was not expecting it and had no wish to have it, which would mean that the consequences of giving an animal as a prize would apply. There would be no follow-through or guidance, and the person who gave the animal might simply disappear after Christmas lunch and never reappear on the scene. The phrase “in a family context” needs more exploration to ensure that it relates to a continuing relationship allowing continuous care for the animal, not to the temporary context of someone not in the immediate family who will not necessarily have any interest in the animal or even in the person under 16 to whom they have given it.