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  4. Animals and Wildlife Bill passes stage 1

Animals and Wildlife Bill passes stage 1

13th March 2020 | criminal law

The bill to strengthen animal cruelty penalties and make further provision for animal welfare has passed stage 1 in the Scottish Parliament.

MSPs approved without a vote the general principles of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill. The bill does not create any new offences, but would:

  • increase the maximum penalties for the most serious animal welfare and wildlife offences to five years' imprisonment and an unlimited fine, and removes the six month time bar for many offences;
  • implement "Finn’s law", named after a police dog who was stabbed while trying to protect its handler, making special provision for attacks on service animals;
  • allow enforcement agencies to rehome animals taken into possession on welfare grounds without the need for a court order; and
  • create powers to allow fixed penalty notices for animal health and welfare offences.

Introducing the debate, Rural Affairs Minister Mairi Gougeon said the bill was tightly focused to deliver the changes most sought after by frontline enforcement staff and requiring amendments to existing primary legislation. It is aimed to bring the changes into force this year.

She added that "although the most extreme cases are rare, as a society and as a Government, we need to send the strong message that any animal cruelty or wildlife crime shall not be tolerated".

The minister also noted: "We know that the neglect and subsequent suffering of animals is often a symptom of another problem, such as financial difficulties, bereavement, mental health issues or other illness. Enforcement authorities are acutely aware of that, and there are already processes in place for referrals to other agencies such as social work, where that is required. The new powers have been specifically designed to balance the property rights of the individual with the need to protect the welfare of animals. The bill recognises that, although animals have a legal status as someone’s property and the owner, too, might be suffering, those animals are sentient beings whose welfare needs must be met."

Click here to view the stage 1 debate.

 

 

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