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Viva!
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9 November 2001 Viva! is stepping up its campaign for pet animals to be exempt from death under the Animal Health (Amendment) Bill, due for its second reading on Monday. The Bill strengthens government powers by enabling them to slaughter animals even if they have never been exposed to a disease and even if they have been vaccinated against it. Government inspectors will be able to go onto an individual’s land and kill healthy pets against the owner’s will. Under the new laws, pet owners will have practically no right of appeal. If the government orders the slaughter of an individual’s animals, s/he can only appeal to DEFRA’s divisional veterinary manager (DVM). If the DVM rejects the appeal, the inspectors simply need to obtain a warrant for power of entry from a justice of the peace. The justice of the peace must consider the ‘reasonableness’ of the request on the basis of evidence provided by DEFRA. Previously, pet owners were entitled to take cases to the high court. They will now have no opportunity to present evidence in court and no one else will be able to do so on their behalf. If farmers or pet owners believe a wrong decision has been made, it can be subject to a judicial review but the animals will already be dead! Whereas farmers receive full compensation payments for their animals, it will be impossible to compensate sanctuary and pet owners for their loss. Anyone who refuses to allow inspectors onto their land will face 6 months imprisonment and/or a £5000 fine. DEFRA minister Elliot Morley has told Viva! that a protocol will be written advising DVMs to use sensitivity when considering whether to kill pets. A protocol will not offer these animals any genuine legal protection. Viva! is calling for a clause to be introduced stating that ‘non-meat’ animals should be dealt with separately. Vaccination against foot-and-mouth was opposed because of the effect which it might have on export markets but this objection would not apply to animals who are not kept for commercial purposes. Backing Viva!’s campaign is their
patron Michael Mansfield QC, who has written to DEFRA minister Elliot
Morley expressing his concern over the bill. Says Mr Mansfield: “I am
suprised that this bill is alleged to be compatible with the European
Convention on Human Rights. A key component of any democratic legal system
is the right of an individual to take his or her case to court and to
present evidence as part of that case. Under the Animal Health (Amendment)
Bill, that right has been removed. Animal sanctuaries around the country are alarmed by the new legislation. Says Janet Taylor of the Farm Animal Sanctuary in Evesham: “We will be opposing these proposals all the way. Our animals have been battered, bruised and beaten before finding their way to our sanctuary. This is the only chance they have and it is unthinkable that the government think they have the right to do this. They will never get onto our premises without a fight.” Actress and animal welfare campaigner
Joanna Lumley is behind the campaign and says, “I will back sanctuaries
all the way and give them all the support I can. This must not be allowed
to happen.” More information from Becky Smith or Juliet Gellatley on 0117 944 1000.
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