Clause 17 - Power of entry for section 16 purposes
Animal Welfare Bill
11:30 am
Anne Snelgrove (PPS (Lord Warner, Minister of State), Department of Health; South Swindon, Labour)
Clause 17 is an important one, and mine are probing amendments. The clause gives power to an inspector or constable to enter premises to deal with an animal if it is believed to be suffering, or likely to suffer if remedial action is not taken. Subsection (2) provides that the power of entry does not extend to private dwellings, or any part of a building that is a private dwelling. However, the clause goes on to deal with those premises that are not private dwellings, saying that inspectors or constables can obtain warrants to enter premises unless there is an expectation that waiting for a warrant may prolong an animal’s suffering or that immediate entry could mean that suffering would be prevented.
As I said earlier, however, subsection (2) removes private dwellings from that and I seek some clarification from the Minister. My amendments seek to include private dwellings within the clause and to put them on the same footing as public or office premises, for example. Amendment No. 154 says that one cannot enter a private dwelling without a warrant
“unless the inspector or constable reasonably believes that the animal is in serious and immediate danger”.
I hope that the Minister will note that. The corresponding amendments to clauses 19 and 24 would tidy up the provision and make reference to warrants.