Clause 12 - Codes of practice
Animal Welfare Bill
10:45 am
Ben Bradshaw (Parliamentary Under-Secretary (Local Environment, Marine and Animal Welfare), Department for Environment, Food and Rural Affairs; Exeter, Labour)
I forgive him.
Subsection (3) says that a
“code of practice issued under this section shall not of itself render him liable to proceedings of any kind.”
Those words are crucial.
I will explain the legal status of codes of conduct. It is not possible for a code to impose legal obligations that are capable of attracting a criminal sanction. That can be done only in primary or secondary legislation, such as the Bill and regulations made under it. In the interests of legal certainty, we need to make this plain in the drafting, so that people know to whom the codes apply.
Subsections (3) and (4) define the legal status of codes of practice. Subsection (3), which closely mirrors section 3(4) of the Agriculture (Miscellaneous Provisions) Act 1968, ensures that failure to comply with the code does not in itself make someone liable to proceedings. In other words, failure to follow the code is not in itself an offence. However, subsection (4) ensures that such a failure may be relied on in the courts as tending to establish liability in proceedings for any offence under the Bill or its welfare and licensing regulations.
To remove subsection (3) would render the status of codes of practice unclear. That would not be acceptable, as the person would be unaware of the consequences of their actions, including whether they were criminally liable. I hope that helps to clarify the issue and that the hon. Gentleman will withdraw his amendment.