KENNELS, CATTERIES and the
ANIMAL WELFARE BILL

Trevor Turner, B. Vet. Med., MRCVS

Over the next two or three years as discussions on the proposed AWB took place the concept of modern, all encompassing animal welfare legislation emerged. It was appealing and exciting. During the discussions in which I was involved it was obvious that the need was for legislation, not only to prevent suffering once it had occurred as is now the case with the 1911 Act, but also aimed to prevent potential suffering and concomitant cruelty. The path was tortuous but nevertheless on 14th October 2005 publication occurred.

At the outset it states that the Animal Welfare Bill “marks a milestone in the animal welfare legislation.” It brings together and modernises welfare legislation relating to farmed and non-farmed animals, some of which dates from 1911. Among other things it introduces a duty on owners and keepers of all vertebrate animals, not just farmed animals, to ensure the welfare of animals in their care.

It was in January 2002, over 3.5 years ago, that DEFRA launched a public consultation in respect of the Bill. What we now have is the result, presumably, of those consultations. It is stated to “simplify the regulations in force for animal keepers by consolidating over 20 pieces of legislation into one.” It will also extend to companion animals, welfare codes (currently known as the five freedoms) which are used as guidelines in the case of farm animals. Above all the AWB is “enabling legislation,” allowing the government to enact secondary legislation and to repeal present legislation where necessary.

As far as kennel owners are concerned, this would centre largely on the Breeding of Dogs Act 1973, and the Animal Boarding Establishments Act 1963. Both are mentioned in the in the newly-published bill but since any modifications of this Act would be part of the secondary legislation we may have to wait for up to five years to see if there are any radical changes. Also within the framework of this perhaps less publicised secondary legislation, is a section referring to the licensing of animal sanctuaries and rescue centres. This could affect many kennel owners. I personally know of several kennels that are licensed as either breeding or boarding establishments or in some cases both, but which also do a significant amount of rescue and sanctuary work. The new Bill will require animal sanctuaries to register with local authorities with registration running for a maximum of five years. It is suggested that there should also be provision for a code of practice covering issues such as rehabilitation and rehoming. My experience with most of these rescue centres and/or sanctuaries is that they do incredibly good work, usually on a very limited budget, often being heavily subsidised by the owners of the kennels.

However, I have had experience of a few that are so under-resourced and the personnel so over-worked that despite their best intentions the animals in their care were suffering. Some of these, I have to say, are run by people with the typical compulsive hoarding syndrome. They knew that they were over-stocked and under-resourced but they could just not say no to another pathetic dog or cat presented usually by well-intentioned members of the public.

Some form of control of such places is obviously long overdue but who is going to foot the bill? Like many things in life it seems to me that the majority who run a good project on a shoestring may be caused to suffer as the result of the few, who in my view due to psychiatric disorders rather than criminal intent, overstock their facilities hoping that "things will get better next week."

 

As far as boarding and breeding kennels are concerned, with which many of these sanctuaries are associated, is it going to mean an increased burden of inspection and concomitant cost. Furthermore at this stage, who are these inspectors?

There has been much talk in the dog and cat press of the RSPCA assuming this role, something that both DEFRA and the RSPCA themselves at this stage are emphatically denying. Nevertheless it is still a possibility since the actual inspectorate has, as yet, not been clearly defined. The last thing kennel owners require is more inspections.

In the case of a boarding or breeding establishment that takes in a few waifs and strays, for local authority or the RSPCA, who is going to bear the cost of all this?

Another aspect which also has to be considered is the wildlife sanctuary. There are kennels prepared to take in wildlife. Such a sanctuary will in future have to be regulated. I have had first-hand and perhaps unfortunate experience in this area. I again applaud the concept of some regulation but again inspections have to be paid for. The good establishments who act as sanctuaries are not profit making. Who is going to foot the bill? That apart, there is still the problem of our boarding and breeding licences.

Loopholes, as we know, allow many puppy farmers to prosper. The AWB is to be applauded if it succeeds in effectively controlling these establishments but this obviously must not be to the detriment of the bona fide breeder. How will this be ensured without cost to the genuine breeder?

However this is all intended to be part of the secondary legislation which means that change could potentially be delayed another five years. In the meantime, as far as kennels are concerned, will it be business as usual?

What do you think?

Do you have any comments or questions about the AWB? Please write to Trevor, c/o Kennel and Cattery Management, or e-mail to kennnelandcattery@aol.com