Session 9 - ELISTA Education

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Animal Welfare
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ELISTA Education 2012
April 2012
Saturday, Roscrea
Animal Related Legislation
Selection of Relevant ‘Pet’ Acts
Protection of Animals from Cruelty Act
 Protection of Animals for Sale
 Greyhound Industry Act
 Animals Act
 Control & Protection of Dogs
 Control & Protection of Horses
 Dog Breeding Establishments Act
 Welfare of Greyhounds Act
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Selection of Relevant ‘Farm
Animal’ Acts
Protection of Animals from Cruelty Act
 Protection of Animals for Sale
 Protection of Animals Kept for Farming
Purposes
 Transport of Animals
 Regulation of Animal Slaughter
 Control and Protection of Bulls
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Selection of Relevant ‘Other
Animals/Industries’ Acts
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Alleviation of Suffering of Abandoned or Straying
Animals
Confinement of Animals and Proper Maintenance of
Pounds
Preventing the Administration of Poison and Illegal
Substances to Animals
Operations on Animals
Hunting & the Protection of Wildlife
Animal Remedies Act
Irish Legislation Resources

ISPCA (legal handbook)-
http://www.ispca.ie/assets/legal.pdf
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ANVIL- http://www.anvilireland.ie/quick-links-to-roi-legislation.html
Irish Statute Book website- www.irishstatutebook.ie
 Oireachtas website- www.oireachtas.ie/parliment

Legislation to Review
Protection of Animals from Cruelty Act
 Protection of Animals for Sale
 Control & Protection of Dogs
 Dog Breeding Establishments Act
 Welfare of Greyhounds Act
 Hunting & the Protection of Wildlife
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Protection of Animals (from
Cruelty) Act 1911
(amended 1965)
Key points
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Initial 1911 only protected ‘domestic’ and ‘captive’ animals.
Extended to ‘wild’ animals in the 1965 amendment so now
ALL animals protected from ‘cruelty’.
“Cruelty” is causing unnecessary suffering. Includes positive
acts as well as abandonment and neglect in circumstances
that are likely to cause unnecessary suffering.
What members of the public should do if they witness cruelty
to animals
What to do with an animal severely suffering
“Any person” can be prosecuted for cruelty (owner/nonowner and person in charge). If an unidentified animal is
found it is assumed to be that of the land owner.
Protection of Animals for Sale
1965 (Amended 1967, 1985)
Key points
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Includes sale of pets in pet shops and livestock at marts
In the legislation the general term ‘pound’ is used, with the same
regulations that animals must have constant water supply and be without
food for no longer than 6 hours. Any person may lawfully enter the pound
to provide food if not provided!
Conditions for keeper of animal for sale include; “accommodation
suitable in respects of size, temperature, lighting, ventilation and
cleanliness…sufficient quantity of suitable food and water…prevent
among animals the spread of infectious disease…safe guarded from fire
hazards …and only sold at an age that is not likely to cause suffering to
them”!
Animals are not to be sold in a public place
Offence to sell a pet to anyone under the “apparent age of 12”
Key points
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This act and the Livestock Marts Act 1967 protect “livestock” (sheep,
cattle and pigs)
It aims to prevent cruelty by firstly requiring a Mart License, then making
requirements for “Veterinary…constant supply of water, removal of
faecal waste, facilities for safe, speedy, efficient, and discomfort free
loading, segregation of adults male animals, pens constructed of suitable
material and properly disinfected.
Licensees are required to refuse animals in excess of the mart capacity
Marts are inspected by representatives of the Department of Agriculture
to assess compliance with legislation
Control & Dogs Act 1986 (Amended
1992) other specific amendments
e.g Guard Dogs
Key points
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Requirement for license
Control of dogs- must be accompanied and under “effectual control” in
public places.
Dogs worrying livestock can be: seized and brought to dog warden, can
(if no other option) be shot, even if ‘about’ to worry livestock or if found in
area of injured or dead livestock. Shooting must be reported with details
to Gardai.
Stray dogs can be taken by public, but they should report to Gardai OR
dog warden
Unclaimed dogs can be destroyed after 5 days
Finders can keep dogs, if detail such to Gardai or dog warden, but ‘legal’
owner can claim dog within one year of finding!
Further Control of Dogs Act 1986 (Guard Dogs) Regulations 1989,
(Restriction of certain Dogs)1998.
Illegal to have dog pull cart, carriage, barrow on highway
Restricted Breeds
Dog Breeding Establishments
Act 2010
Key points
Came into force January 1st 2012, with existing
establishments having until 30th June 2012 to
comply.
 Any establishment holding 6 or more bitches over 6
months and capable for breeding must register with
their local authority
 Operators are required to comply with ‘guidelines’
attached to the act, these include; construction,
space, temperature, lighting, bedding, exercise,
grooming, hygiene and veterinary care.
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Welfare of Greyhounds
Act 2011
Key points
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Act signed into law on 16th November by Michael D Higgins, president of
only 5 days!
Produced from a coalition of animal welfare groups, the greyhound
industry and Department of Agriculture
Enforces cruelty as described in 1911 Act
Regulated by Irish Greyhound Board and Irish Coursing Club in
association with local Authorities
Used in conjunction with Breeding Establishments Act (Guidelines for
housing etc and registering of establishment)
Restrictions on number of litters from breeding bitches
Greyhounds to be identifiable and registered, including when sold or
transferred
Wildlife Act 1976
Key points
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Protected wildlife are described to be: Badgers, Bats, Deers, Hares,
Hedgehogs, Otters, Pine Martens, Red Squirrel, Dolphins, Porpoises,
Seals, Whales, Natterjack Toad and many birds excluding (some
examples) Sparrows, Magpie, Bullfinch, Crow, Starling.
Licenses are required to hunt any protected birds and may be granted for
animals such as hares, deer and otters
Firearms may be used to hunt by ‘qualified’ people
Traps and snares are prohibited
To injure in the process of hunting is an offence (unless licensed)
It is an offence to hunt ‘over’ someone else’s land and use equipment to
entice or dazzle animals
Wild animals are included in the Protection of Animals from Cruelty Act
since 1965.
LEGAL DIFFICULTIES
•Outdated legislation
(industries evolved)
•Legal Loopholes
•Subjective Terminologies
•Exemptions
•Animals do not make
great witnesses!!
ANIMAL ETHICS
The World Animal Foundation describes
Animal Ethics to be:
Addressing the “questions of
morality, such as what makes
our actions right or
wrong…animal ethics is
something that we all interact
with on a daily basis”
ANIMAL ETHICS
Discussing Ethics is not far removed from
discussing ‘perceptions of animal welfare’ as
we did at the beginning of the course.
Perceptions of welfare were described to be
influenced by:
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Personality
Empathy
Experience (ownership)
Knowledge
Gender (+genes)
Religion + Cultural information exchange
Environmental (Media and Nurtural influence)
Euthanasia
Why do owners or animal care givers have
the right to choose?
 What can help influence the moral decision
that has to be made?
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The knowledge that we have “taking responsibility for”
Understanding quality of life, good welfare as given in five freedoms
Legislation- are we being cruel? Inflicting unnecessary suffering?
Professionals Opinions- vets
Our scientific mind- observations of changes in behaviour and understanding of pet
attachment and the potential for allowing suffering for our own agenda.
Our Conscience, Our Empathy and Our Anthropomorphism
ANIMAL ETHICS
“Interacting with animal ethics on a daily basis”
causes us to have to make moral decisions;
whether something is right or wrong.
Now hopefully moral decisions in relation to
Animal Welfare can be made not only based
upon influences on personal perception, but
also scientific research, explorative personal
research, informative guidelines of best
practise and also relevant legislation. This
will allow you to become confident in the
daily ethic decisions you have to make.
We wish you luck!
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