Clause 45 - Inspectors
Animal Welfare Bill
9:45 am
Bill Wiggin (Shadow Minister (Agriculture & Fisheries), Environment, Food & Rural Affairs; Leominster, Conservative)
No more Mr. Nice Guy, Mrs. Humble; this is the awkward bit. With these amendments, we are seeking to establish statutory guarantees that the persons who are classified as inspectors will be suitably trained. The Bill does not specify the necessary criteria for someone to be an inspector, acquiring powers under this legislation. It mentions lists and guidance by the appropriate national authorities, but does not say that an inspector needs to be sufficiently qualified.
Subsection (2) gives the appropriate national authority powers to issue guidance on the appointment of inspectors. Amendment No. 187 would complement such guidance by making provision for such persons to be qualified as inspectors in the field in which they will be required to inspect. It is sensible and appropriate to ensure that inspectors are qualified and sufficiently trained to carry out their duties. Given that under clauses 16, 17 and 19 to 25, inspectors will have powers to search premises and even terminate an animal’s life, I would like to be reassured that they are competent enough to carry out those duties.
An inspector will have powers of entry. I believe that it is necessary that they are qualified to search for evidence and to treat the animals that they find. A statutory provision for inspectors to be qualified and trained would benefit the enforcement of the legislation. For instance, those who are investigating licensed premises must be qualified to do so, as they may require different levels of expertise from those who investigate animal welfare complaints. Considering the near immunity from civil and criminal proceedings that inspectors are given under subsection (5), it is especially important that these inspectors are suitably qualified. I am sure that most inspectors act in good faith, but that good faith and their judgment about reasonable grounds would be compromised by a lack of expertise.
Moreover, having suitably qualified inspectors would serve to clarify the present confusion. There are inspectors under the control of and directly accountable to Government bodies, and there are so-called inspectors who are representatives of non-governmental bodies—for example, the RSPCA—and in respect of whom there is no governmental accountability. I suggest the amendment with that in mind. Given that the hon. Member for Lewes has tabled similar amendments, Nos. 40 and 41, there is scope for progress to be made on this.
With amendment No. 60, I seek to ensure that inspectors will act impartially. Under the Bill, the words used by inspectors and their opinions and decisions could lead to prosecutions being taken against people. As inspectors will be acting on behalf of the state, we must ensure that they are impartial, otherwise confidence in the system will be jeopardised. For example, if a charity is against pet fairs and has inspectors who are empowered by local authorities to investigate pet fairs, questions about the objectiveness of their judgment could be raised. Without doubt, that would lead those who were accused of offences by such inspectors to feel that they had been pursued maliciously. I am also concerned that those who are guilty of offences will be provided with a get-out, because they will be able to cast doubt on inspectors’ competence and judgment by revealing their prejudices. The amendment would preserve the impartiality of inspectors.
I have a supplementary point to make. We need Ministers to guarantee that only inspectors under the direct control of Government bodies will receive the near immunity from civil and criminal prosecutions in subsection (5). Will RSPCA inspectors be covered by the provision? If so, the RSPCA will be getting an additional power that I do not think it wants. Will RSPCA officers be liable under subsection (6) if they are assisting an inspector who is exempt? I would be grateful if the Minister clarified that.
Amendment No. 48 would add:
“The appropriate national authority shall ensure that adequate additional funds are available to local authorities for the appointment and training of inspectors under this Act.”
Even without amendments Nos. 187 and 59, the clause might require local authorities to spend more money on inspectors to carry out the duties required of them. Given the current financial burdens on local councils and the fact that the public have little appetite for further council tax increases, I am concerned that unless extra financial resources are given to local authorities, they may be reluctant to fulfil their obligations under the Bill. I believe that a money resolution, which goes with the Bill, was laid and not objected to, so that may be possible.
If the funds were not available, licences might not be checked, complaints might not be followed up and the welfare of animals might suffer. It has been pointed out to me that, already, local authorities are not sufficiently equipped to fulfil their obligations to ensure animal welfare. Clearly, that is unacceptable. As the extra obligations stem from “the appropriate national authority”, that authority must be prepared to pay its share. I hope that the Government will seriously consider the difficult nature of the amendments and take them on board.