Animal protection legislation ??????

1
Animal protection legislation ??????

• Module 27
• ??27

2
The basis of legislation????

• ?????????????
• ????????????????????????????????????????????,????
  ?????????,??????????????????????????,?????????????
  ??????,????????????
• ?????????????????,??????????????

3
Definitions??
Law(??) a rule established in the community by
authority or custom a body of such
rules?????????????????????????????? Legislation(
??) law making the body of law??????,????? Stat
ute(???) a specific law passed by a legislative
body ??? ????????????? Offence(??) an act
contrary to the law ??????? Defendant(??) a
person accused of an offence in a court of law??
?????????? Plaintiff(??) a person or body
bringing an action in a court of law ??
?????????????
4
A model law ????

• Identify aspects of the legal system within which
  it must work ?????????????????????????(directive)?
  ?????????,??????????????????????????????????,?????
  ???????
• Understand the different types of
  legislation???????????
• Identify characteristics of different types of
  statute ???????????

5
Legal system characteristics??????

• Courts use both Statute and Case (Common)
  Law????????????(??)?
• E.g. UK, Commonwealth former Commonwealth
  countries ????, ????
• Romano-Germanic Law, using solely Statute
  Law??(???)??, ??????
• E.g., Continental European countries ?????????
• Theocratic Law, derived purely from religious
  texts ???????????
• E.g. Saudi Arabia and Iran ????????

6
Legal system - basic principles????????? (1)

• Status of the accused presumption of innocence
  or guilt ?????????????(?????)
• ??????????,??????????,????????
• ???????????,??????????,?????????

7
Legal system - basic principles????????? (2)

• ???????,??????????????beyond reasonable doubt?
• ???,?????????on the balance of probability???????
• ?????????,????????????????
• ??????(???????)?????????????????????

8
Interpreting statute the basis of
statute????????

• Prohibitive e.g. The Animal Welfare Act 1966, USA
  - what you must not do ??????,?????????(1966)
  -?????????
• Prescriptive e.g. The Laying Hens Directive
  99/74/EC, EU - what you must provide
  ????,???????(99/74/EC, EU) -??????????
• Cost/Benefit e.g. The Animals (Scientific
  Procedures) Act 1986, UK - is the likely benefit
  justified by the harm caused ??/????,?????????(198
  6) ????????????????

9
Interpreting statute identify the offence
????(1)?????

• The Prevention of Cruelty to Animals Act 1960,
  India - to cause unnecessary pain or suffering
  ???????????????????
• Code of Federal Regulations Chapter III, Part
  313, USA - cause inhumane treatment????????313?
  ???????
• Council Directive 91/630/EEC the Pigs
  Directive - Member States shall ensure that
  conditions for rearing pigs comply with.
  ????91/630/EEC????????????????

10
Interpreting statute to which animals is it
applicable and where?????(2)???? ? ?????

• ????????? The Agriculture (Miscellaneous
  Provisions) Act 1968, UK, applies only to farmed
  livestock on agricultural land
  ??1968??(????)??,?????????
• ???? The Animal Welfare Act 1966, USA, does not
  apply to farmed animals ??1966???????????
• ???? The Laying Hens Directive, 99/74/EC, EU,
  does not apply to ??????????(1)establishments
  withlt350 hens ??350????(2)breeding laying hens
  ????

11
Interpreting statute the nature of the
offence????(3)?????

• Defendants mental state? ????????
• Subjective mens rea ???????
• Objective mens rea ???????
• Strict liability ????
• Mental state is not considered
• ?????????
• (?)

12
The nature of the offence- Subjective mens
rea?????(1)????

• The UKs 1996 Wild Mammals Protection
  Act??1996???????????
• If any person mutilates, kicks, .any wild
  animal WITH INTENT to inflict unnecessary
  suffering??????????????????????????
• The offence is tested in terms of the intention
  of the defendant ???? ?????????

13
The nature of the offence- Objective mens
rea?????(2)????

• ??????????????????(whether an offence has been
  committed)
• The Animal Welfare Act 2006 (England and
  Wales).???????????????(2006)
• An offence to cause unnecessary suffering
  ???????????
• The offence is tested against 5 points
  including????????Whether the conduct was that
  of a reasonably competent and humane person
  ?????? ????????,????????????

14
The nature of the offence- Objective mens
rea?????(3)????

• Was the conduct for a legitimate purpose?
  ???????????
• To benefit the animal? ??????
• To protect a person, property or another animal?
  ??????????????
• Was the suffering proportionate to the purpose of
  the conduct concerned? ?????????????????????

15
The nature of the offence- Objective mens
rea?????(4)????

• Additional legal tests of unnecessary suffering
  under the Animal Welfare Act 2006 (England and
  Wales).???????????????(2006)???????????????
• Could the suffering have been avoided or
  reduced?????????????????
• Was the conduct which caused the suffering in
  compliance with any relevant enactment????????????
  ?????????

16
The nature of the offence- Strict
liability?????(5)?????

• The UKs 1997 Welfare of Animals (Transport)
  Order??1997??????
• An offence to transport an animal in a way which
  causes, or is likely to cause, injury or
  unnecessary suffering??????????????????????
• The views of the defendant and society are
  irrelevant???????????
• If an animal is injured an offence has been
  committed??????????

17
Interpreting legislation the status of the
legislation?????(1)????

• Primary legislation????
• enacted through repeated debates in the National
  Legislative body???????????????
• Secondary legislation????
• enacted by a Department of Government with
  authority from primary legislation?????????????
• Guidance documents????
• Codes of Practice????

18
Interpreting legislation relevance of status to
effective protection?????(2)?????????

• Primary legislation ???????
• Expensive and time-consuming to amend in the
  light of new scientific evidence and changing
  public attitudes to welfare?????????????????????
• Secondary legislation ???????
• Readily amended??????????

19
Interpreting legislation relevance of status to
effective protection?????(3)?????????

• Guidance documents and Codes of Practice?????????
• May be used in the interpretation of statute but
  failure to comply does not constitute an
  offence??????????????????

20
Interpreting legislation what powers are
authorised??????(4)????

• Use of force ??(????)
• Access ??????
• Stop and search ?????
• Seizure ??
• Detention ??
• Arrest ??

21
Interpreting legislation what penalties are
available on conviction?????(5)???????

• Monetary fine - what level? ??-????
• Imprisonment ??
• Prohibition of ownership ?????
• Prohibition of care ????
• Prohibition of production ????

22
Interpreting legislationThe legal status of
animals? ????(6)???????

• Property in all countries?????? ? / ??
• EU Protocol on Protection Welfare of
  Animals????????????
• Recognises animals as sentient
  beings???????????
• Requires Member States to pay full regard to the
  welfare requirements of animals when formulating
  and implementing legislation??????????????????????
  ????
• No requirement to take account of
  economics???????
• Enforceable in law??????

23
??????,???????????????100??0.42?????The reality -
pigs packed into lorries at less than 0.35 m2 per
100kg ????????????100????0.35?????????
24
??29?????????14??(?????)??????,????14????????????
??24??,??????????????????????,???24??????????????
?????,??????
Reproduced with permission of CBS Press
25
Reasons why animal welfare legislation may not be
effective????????????? - 1

• Legal status of animals as property
  ????????(???????)
• Prohibitive legislation not indicating the
  provisions expected ????????????????
• Dependence on the status and circumstances of the
  animal ????????????????

26
Reasons why animal welfare legislation may not be
effective?????????????- 1
?????????
?????
27
Reasons why animal welfare legislation may not be
effective????????????? - 2

• Compromises in wording of text due to single
  interest lobbying during consultation
• For example, "a lying area which is clean..,
  and either has well-maintained dry bedding or is
  well drained"??????????,???????
  ?????????,?????????????

28
Reasons why animal welfare legislation may not be
effective????????????? - 3

• Reinterpretation of terms by industry
  bodies??????????
• ????????,??????????????????????,??????????????????
  ???????,???????????,????????????????????????
• Danish Enlandsgriseproduktion Scheme

29
Reasons why animal welfare legislation may not be
effective????????????? - 4

• Responsibility for enforcement being spread
  between government departments, so reducing
  co-ordination ?????????????,????
• Poor statute enacted in haste in response to
  political pressure, e.g. ??????????????The
  Dangerous Dogs Act, UK (1991)?????????

30
Reasons why animal welfare legislation may not be
effective????????????? - 5

• The subjective nature of the offences causing
  different interpretations between courts
  ?????????????????
• ?????????????????????????????

31
Reasons why animal welfare legislation may not be
effective?????????????-6

• Poor enforcement due to ????????????
• Limited resources ?????????
• Variable enforcement ???????????
• Enforcement body sharing interests with those
  policed ???????????
• Limits to powers of access, stop and search,
  seizure and detention ?????????????,????????
• Commercial confidentiality????

32
Reasons why animal welfare legislation may not be
effective?????????????-7

• Statute has no provision for??????
• Power of seizure - defendants keep ownership of
  animals during proceedings?????????????????????
• Prohibition of ownership - convicted party
  permitted to retain animals????????????????????
• Prohibition of care - ownership may be
  transferred but care is still by convicted
  party??????????????????????????

33
Reasons why animal welfare legislation may not be
effective?????????????- 8

• May have to accommodate?????
• Domestic, economic and political
  pressures????????
• International agreements on trade
• ??????
• Other, conflicting legislation
• ???????
• See Module 28???8

34
Summary A model welfare law????????

• A single Statute, single Department ????,??????
• Strict liability offences ???????
• Prescriptive ??
• Comprehensive and coherent ????
• Powers of stop, search, seizure,
  detention??,??,??,?????
• Penalties of prohibition of ownership and
  care???????????
• National enforcement body???????
• In a form most readily enacted and
  amended??????????

35
Animal protection legislation (2)Enforcement
and political pressure ?????? 2???????

• Module 28
• ??28

36
This module will enable you to????????

• Identify obstacles to the effective enforcement
  of statute?????????
• Describe methods by which some of these obstacles
  may be overcome?????????????
• Outline ways in which pressure might be applied
  to governments to improve???????????????enforcemen
  t
• Understand the role of an expert witness???????

37
Practical enforcement of statute?????

• Click here for more details about taking an
  animal welfare case to court
• ????????,????????????

38
But sometimes statute cant be enforced????????
39
Why some statute may not be enforced????????????

• International agreements on trade (World Trade
  Organisation)??????(????)
• Clashes with other legislation??????
• Domestic economic and political
  pressures?????????

40
WTO rules??????

• Encourage free trade by reducing import tariffs
  or export subsidies ?????????????????????????

• Discrimination between goods on the grounds of
  production methods is not generally permitted
  although there is discussion on whether labelling
  is allowed?????????????????????-???????????

Agreement on Agriculture Fixed, progressive
reduction in existing subsidies??????????????????
?
41
WTO rules??????

• Currently no exceptions for animal
  welfare?????????????
• Render unilateral legislation or rigorous
  enforcement to improve animal welfare, which
  increases production costs, economically
  non-viable ?????????????????,????????,????

42
WTO rules Current exceptions???????????

• Article Twenty of GATT (General Agreement on
  Tariffs and Trade)????????(GATT)????
• Allows exceptions for measures to protect human,
  animal or plant life under certain
  conditions??????,???????????????????
• Sanitary and Phytosanitary Agreement????????????
  ??????
• Allows exceptions to protect health where these
  are based on science????????????????????????????
• Allows interim action where there is insufficient
  science????????????????,????????????

43
WTO rules Current exceptions???????????(?)

• Biosafety protocol???????
• Exceptions for Genetically Modified
  Organisms???????????
• Some payments to producers allowed
• Green Box measures payments are
  production-neutral and/or do not distort trade
  ????---??????????????
• Blue Box measures linked to reduced
  production ????---??????

44
WTO rules Current exceptions
example???????????(??)
Production neutral and/or non-trade
distorting ??????????
Linked to reduced production ???????
45
Overcoming obstaclesRequired changes to WTO
rules (1)??????WTO?????(1)

• Recognition of distinction between production
  methods ????????????
• Permission of total import restrictions under
  Article Twenty of products from unacceptable
  production systems??????,???????????????,????????
• Provision for mandatory labelling by production
  system??????????

46
Overcoming obstaclesRequired changes to WTO
rules (2)??????WTO?????(2)

• Permission of preferential market access for
  welfare friendly producers quotas or
  preferential tariffs?????????????????????????
• Permission for import border tariffs to offset
  increased cost of welfare measures????????????????
  ?????

47
Overcoming obstaclesRequired changes to WTO
rules (3)??????WTO?????(3)

• Permission of current export subsidies to be
  redirected towards welfare promotion (and these
  subsidies to be excluded from the Agreement on
  Agriculture reductions)???????????????????(??????
  ???????
• Reclassification of these payments to support
  welfare as Green Box measures???????????????????
  ????

48
Export subsidies to be redirected towards welfare
promotion????????????
49
Potential clashes with other laws??????????

• Human Rights law???
• access to premises for inspection purposes???????
• Health and Safety law??????
• banning goads??????(???)
• Environmental law???
• nose rings in sows?????
• Employment law???
• frequency and adequacy of inspection of broiler
  chickens?????????????

50
Potential clashes with other laws??????????

• Food Safety law?????
• fasting stock prior to transport to slaughter
  plant??????????????
• Planning law???
• prohibition of free range units?????????
• Product Safety law?????
• legal requirement to test medicines on
  animals?????????????

51
Overcoming clashes with other legislation
(1)????????????(1)

• Access to premises for inspection vs.
  Privacy??????????
• Specify grounds for changed priorities????????????
  ????
• Banning goads vs. Safety of stockpersons?????
• Legally restrict use of goads to particular
  species and class of stock specify the
  frequency, duration and part of animal on which
  they can be used?????????,??,?????????????
• Nose rings in sows vs. Environmental
  protection?????
• Legally enforce pasture rotation, farm sites
  provide substrates in indoor systems??????????????
  ?, ?????????????????

52
Overcoming clashes with other legislation
(2)????????????(2)

• Frequency and adequacy of inspection of broilers
  vs. Number of working hours???????????
• Legally restrict birdstockperson ratio????
  ???? ??????
• Food safety vs. Fasting stock prior to transport
  to slaughter plant ????????????
• Legally restrict duration of fast and legally
  reduce slaughter line speeds ????????????????

53
Overcoming clashes with other legislation
(3)????????????(3)

• Prohibition of free range units vs. Planning
  law?????????
• Legally facilitate siting of units away from
  urban areas subsidy support develop less
  intensive indoor systems????????????????
  ????????
• Requirement to test medicines on animals vs.
  Welfare of animals????????????
• Legally required licensing of premises,
  procedures and personnel??????, ??, ??????
• Licence application form requires costbenefit
  justification and three Rs?????????????????,
  ??R??

54
Domestic/economic pressures??/????

• Insufficient enforcement personnel???????
• Legal expenses????
• Veterinary surgeons responsibility to
  clients???????????
• Insufficient value of stock????????

55
Overcoming obstacles Lobbying
governments????????

• Improved animal welfare legislation more
  comprehensive, stricter controls?????????????????
  ?
• Increased number of enforcement
  personnel?????????
• Farm subsidies for high welfare
  systems???????????????
• Provision for legal expenses in prosecutions of
  welfare cases ??????????????
• Legal provision to improve access to enforcement
  personnel?????????????

56
Overcoming obstacles Lobbying
governments????????

• Governments act with more or less autonomy
  depending on how effectively and with what
  intensity domestic groups make demands on them
• ???????????????,?????????????????????

(Peterson and Bomberg 1999)
57
Overcoming obstacles Lobbying
governments????????

• In systems of governance that are
  institutionalised, resource poor and have no
  government yet which often take a strong lead
  in governingthe capacity of individuals and
  small groups to influence decisions remains
  striking
• ?????????,????????,????????????????????????
  ???????
• (Rosenthal 1975)
• e.g. European Union and many of the worlds most
  important international institutions (Keohane
  1998)
• ??????????????? Keohane 1998

58
Overcoming obstacles Lobbying
governments????????

• Political agency at the sub-systematic level
  requires considerable technical
  expertise???????????(????????)????????(Peterson
  and Bomberg 1999)
• A scientific basis is generally regarded as
  necessary to define such needs and thereby make
  sensible decisions on animal welfare?????????????
  ???,??????????????,?????????? (Knierim and
  Jackson 1997)

59
Overcoming obstacles Lobbying governments
summary????????-??

• Apply pressure at local authority, government and
  supranational level ?????,????????????
• Join a Non-Governmental Organisation (NGO) with
  consultative status at international conventions
  e.g. WSPA, Greenpeace, WWF???????????????????????
  ???,??????,?????????
• Acquire technical expertise??????

60
Conclusions/summary??/??

• Practical enforcement requires attention to
  detail on site and in court to avoid losing
  welfare prosecution cases?????????????????????????
  ???
• WTO rules, clashes with other legislation and
  economic pressures may prevent enforcement of
  welfare law but there may be legal and practical
  methods by which these problems may be overcome
  WTO????????????????????????????,??????????????????
  ??
• Apply pressure at various levels of government,
  and at supra-state level to improve welfare
  legislation and enforcement ????????????,
  ???????, ????????????

61
Taking an animal welfare case to
court???????????Practical enforcement of
statute Avoiding pitfalls entry to
premises??????????? ??????

• Do you have the technical expertise to collect
  evidence species-specific experience and
  qualifications?????????-?????????????
• Are you legally permitted to be on the premises
  and collecting evidence? ????????????????
• On which parts of the premises are you legally
  permitted??????????????????

62
Practical enforcement of statute Avoiding
pitfalls entry to premises??????????? ??????

• Should you accompany an authorised
  person?????????????
• Should you have written authorisation????????????
• Should you have given a suitable period of
  warning???????????????

63
Practical enforcement of statuteAvoiding
pitfalls collecting evidence???????????????

• Always have a witness ??????
• Write down all your findings include date and
  time ???????,???????
• Get your witness to sign it ???????
• Copy and keep original records ?????????

64
Practical enforcement of statute Avoiding
pitfalls collecting evidence???????????????

• Take photographic evidence video or still??????
  - ?????
• Ensure traceability of photographic evidence
  dated receipt by developer??????????????????
• Use an accepted method to assess welfare and use
  it correctly (e.g. condition scoring)?????????????
  ????????(?????)
• Look for evidence of????
• prolonged welfare problem (e.g. carcasses,
  chronic lesions)?????????(???,????)
• future welfare problem (e.g. sharp objects on
  pasture)animals at risk?????????(?????????)-?????
  ???

65
Collecting evidence Thin cow or condition
score 1?????????????
66
Practical enforcement of statute Avoiding
pitfalls taking action??????????? ????

• Ensure you know what legal powers you
  have??????????????
• e.g. to detain or seize stock????????
• Do only what is in the welfare interest of the
  animals????????????
• e.g. detention of stock will they suffer if
  transported?????,??????????
• Write down your actions with reasons and have the
  record signed by your witness???????????????????
• If necessary, call for assistance????,??????

67
Taking action To move or not to move????????????
68
Practical enforcement of statute Avoiding
pitfallswriting a statement??????????? ????

• Write a factual account do an outline
  immediately ???? ??????
• Do not include what others have told
  you??????????
• Include everything you saw and did?????????????
• Include dates, times and names of
  witnesses????????????
• Cross-reference to photographic evidence and
  contemporaneous records?????????????????

69
Practical enforcement of statuteAvoiding
pitfalls appearing in court??????????? ?????

• As far as possible report only what is in your
  statement ?????????????
• If you dont know something say so ????????
• Answer only the question asked and do not evade
  it?????????????
• Listen to the questions, allow time, and answer
  in non-technical words ???,????,???????????
• Keep calm and do not argue ????????

70
Practical enforcement of statute The expert
witness???????????(?)

• One who has, by dint of training and practice,
  acquired a good knowledge of the science or art
  concerning that on which his opinion is sought
  ?????????????????,???????????,???????
• Gives an opinion as to technical matters on
  behalf of his client???????????????
• Is not an advocate and will not allow lawyers to
  influence the substance of his evidence???????????
  ??????????

71
Practical enforcement of statute The expert
witness (contd)???????????(?)

• Identifies strengths and any weaknesses in his
  clients case????????????????
• Aids the court by identifying the relevant facts
  and interpreting them ??????????????
• Gives his own, reasoned opinion and must not
  mislead by omission ????????????????(??)
• Must be independent, impartial and objective
  ?????????

72
Practical enforcement of statute The expert
witness (contd) ???????????(?)

• Only agree to be an expert if??????????
• The case is within your personal experience,
  knowledge and competence??????????????????
• The evidence you provide will assist your
  client?????????????