MIKE RADFORD - LINKS MEETING 16th MAY, 2007

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The new animal welfare legislation at one and the same time represents a continuation with the past – a number of the provisions are essentially restatements in modern language of existing provisions – and a distinct break, especially in relation to companion animals. 

Hitherto, the legal protection accorded to companion animals focused almost exclusively on prohibiting unnecessary suffering. 

Now, the duty of those who assume responsibility for an animal extends to taking such steps as are reasonable in the circumstances to ensure that its needs are met to the extent required by good practice. 

Where there is a failure in this regard, enforcement authorities may issue a notice to the person responsible advising them of the perceived problem, the action required to address it, and the time within which that action must be taken. 

In addition, the legislation contains significant enabling powers which allow regulations to be introduced under its authority for the purpose of promoting the welfare of animals and the licensing or registration of activities involving animals. 

Finally, there are significant changes intended to make enforcement more effective. 

However, herein lies the potential weakness: while the legislation’s provisions are very much to be welcomed, local authorities and the state veterinary service (or, ‘animal health’ as we now have to call it) have pivotal roles in enforcement, and neither have the necessary resources to do the job.