Animal Welfare (Licensing of Activities Involving Animals) (England) (Amendment) Regulations 2019 — House of Lords, 2019-06-25
Topic: Agriculture
John Eric Gardiner (Conservative, Centre-right): My Lords, this statutory instrument establishes a ban on the commercial third-party sale of puppies and kittens under six months of age. After six months, the puppy or kitten is then legally classified as a dog or cat Under animal activity licensing regulations brought in last year, it is not permitted for anyone to sell a puppy or kitten under the age of eight weeks. During this time, the animal should be in the care of its mother. After eight weeks, it is safe for them to be brought to a new and caring home. However, commercial third-party sales often take puppies and kittens when they are far too young and raise them in inappropriate environments, which evidence shows is damaging to the animal’s welfare. Third-party sellers drive unscrupulous breeding This legislation is the next crucial step in eradicating the abuses of unscrupulous breeding, puppy farming and illegal smuggling. This is a continuing part of the Government’s agenda to increase animal welfare in this country. This ban will give puppies and kittens a better possible start in life. This issue has been brought into higher profile by committed campaigners and has overwhelming public support. It is popularly known as Lucy’s law as a result of the exceptional effort from the Lucy’s law campaign group, to whom I express appreciation. Lucy was a Cavalier King Charles spaniel who died in 2016 after suffering terrible conditions on a puppy farm in Wales. Her plight inspired the Lucy’s law campaign. Welfare organisations big and small, and members of the public, have supported Lucy’s law. This legislation follows a call for evidence and a public consultation which received over 6,500 responses, of which 96% were supportive This ban builds on the new licensing regulations which came into force in October 2018, introducing a range of welfare improvements for dog breeding and pet sales. Defra is also updating the statutory guidance for the activity of selling animals as pets to take account of this ban on third-party sales. The changes to the guidance are intended to assist local authority inspectors and licence holders by outlining how they can determine whether a licence holder bred the puppies themselves and clarifying that non-commercial rehoming does not require a licence. The guidance will outline how to distinguish between legitimate rescue and rehoming operations and those that are a front for unscrupulous breeding. Local authorities will also be required to notify existing licence holders of the change so that they can prepare appropriately. The draft guidance has been shared with the sector and will be finalised before the ban comes into force in April 2020 This statutory instrument implements the third-party sales ban by making an amendment to the parent regulations, the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018. The commercial sale of pets is already a licensable activity, and the amendment means that licensed pet sellers, including pet shops and dealers, will no longer be able to sell puppies or kittens under the age of six months unless they themselves have bred the animals. The ban will enter into force on 6 April 2020. The additional time before the ban coming into force will allow the sector to prepare. We believe that, if the ban is rushed, it may encourage the abandonment of puppies and their mothers or other unscrupulous activity This statutory instrument applies to England only, because the parent regulations apply in England only. Animal welfare is a fully devolved issue, and the respective parts of the United Kingdom have slightly different approaches to the licensing of pet sellers and other animal activities. I understand that, in Wales, a three-month consultation has recently concluded on banning third-party sales. The Welsh Government are now considering the responses. In Northern Ireland, there is support for a similar ban to be introduced, and officials in DAERA are following developments in England closely. Scotland has committed to reform the licensing of sanctuaries, breeders and pet shops and is considering a ban on third-party sales Every year, hundreds of thousands of puppies and kittens are purchased or adopted. Unsuspecting families can often be tricked during this trade by unscrupulous dealers who conduct high-volume, low-welfare operations such as puppy farms and sell via commercial sellers.