Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Earl Cathcart Excerpts

Tuesday 27th March 2018 Grand Committee

[Baroness Byford (Con)]

My Lords, I too welcome this animal welfare regulation before us. I think that there are two of us here in Grand Committee who took the original Bill through, back in 2006, and I know we spent many hours on the Bill trying to get it right. Clearly, however, times have moved on—there was no such thing as buying and selling animals online in those days, which, as other noble Lords have mentioned, is a challenge.

I want to follow up on the last comment made, about breeding healthy dogs, because that is a huge problem. I do not know if it is so relevant in cats—it could well be—but it is certainly relevant for dogs. Therefore, I am glad to see it mentioned and hope that the Minister will be able to reinforce it. However, I have one question: what about some of the dogs that come in from abroad? Again, that is a question relating to their health and breeding.

In general terms, I welcome this improvement and tightening up of some of the regulations, and I know that a lot of outside bodies were consulted so that they could comment. I have four specific questions that I would like to raise about the document. I turn first to paragraph 5(2) of Schedule 3, which states that anybody who wants to buy a cat or dog has to go in person to see it. But I am thinking of those who are housebound: in that situation, those who want a cat may not necessarily be able to go and see it. Has any thought been given to this? Could a carer or somebody else go on their behalf?

My second question relates to paragraph 8(4) of Schedule 4: why do boarded dogs require daily exercise only once but breeding dogs require it twice? It seems to me slightly strange that they are not both under the same regime, because surely they both need good exercise. However, I suspect that the Minister will have an answer.

My third question concerns Schedule 7, which talks about private persons who train or show one or more pets. This may not apply directly to farm animals, but many of us in the Grand Committee go to county shows where animals are shown. They are perhaps not trained in the technical sense, but they are trained to show. Originally, I presumed that they would not be classed as a business, but some of the animals at these shows become very valuable if they manage to win championships. I have not found an answer in what is before us as to whether they would qualify and need a licence, or whether they are not regarded as a business, although they might be a business. It is fairly fine line and I would be grateful for some clarification.

My last question, which has been picked up by other noble Lords, goes back to the responsibilities that have been placed on local authorities. I accept that local authorities are able to claim back and get full costs, but will those local authorities that do not have many demands on them under the regulations have different charging rates? I am sure that that is not the intention, but how will we overcome this? The best way forward is not clear to me. There is a responsibility on local authorities and the move from one year to three years will help to lessen the demands on people’s time and expertise, but I would be glad to hear some clarification from the Minister when he responds.

[Earl Cathcart (Con)]

My Lords, when I was looking through the regulations, I was trying to see whether they would stamp out the bad practice of illegal, back-street puppy farming. I welcome the provisions on the eight-week period and viewing with the mother. I was also pleased to see that the regulations require non-commercial breeders to obtain a licence if they breed three or more litters per year, which is down from five or more previously. That will make it more difficult for breeders to claim that they are non-commercial in order to avoid having to have a licence.

Let me play devil’s advocate for a moment. It is not difficult to see that, if a breeder wanted to avoid this restriction, he could say that he owned two bitches, his wife owned another two bitches and each of his children owned two bitches. It would be impossible to prove otherwise. I think that the regulations have missed a trick. If the requirement for a licence for more than two litters per annum was applied not to the breeder but to the premises, it would be much more difficult to circumvent the rules. My question to the Minister is this: is there any way that the Government could add to “breeder” the words “and/or premises”, perhaps in the guidance notes to the local authorities?

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I do not doubt that there will be people at home and abroad who not only flout these regulations but act illegally. That may be a consideration for another day but I am seized of the importance of this issue and I commend the regulations.

[Earl Cathcart]

I am confused about one thing. It is not to do with the Minister’s response to my questions—for which I thank him—but my noble friend Lady Redfern referred to needing a licence for fewer than two litters and the Minister said that you need a licence if you are selling your puppies. In the Explanatory Notes it states that these regulations remove the existing exemption whereby someone who breeds from their own pet dog does not need a licence to sell puppies. So if one of my dogs has puppies and I want to sell a few, give them away or whatever, do I have to get a licence for that?