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InFocus

A closer look at animal welfare law

‘A practical approach to animal welfare law’ is an informative book that stimulates the reader to question animal welfare standards in the UK

Animal welfare has been increasingly featured in the
news over recent months; with the impending exit
from the EU, there has been speculation about what
the future of animal welfare in the UK will be. A practical approach to animal welfare law lays out the central
legislature pertaining to animal welfare in the UK. The
author of the book, Noël Sweeney, has been practising as
a barrister for over 20 years, working in the field of animal
law as well as criminal and human rights law.

The legislature includes the Animal Welfare Act 2006
(AWA), the Dangerous Dogs Act 1991 (DDA) and the
amendments made to this by the Anti-Social Behaviour,
Crime and Policing Act 2014 (ABCPA). The book breaks
these Acts into their constituent parts, detailing how they
are put into action to protect animals and prevent suffering,
as well as giving examples of cases in which they have
been used.

Readers are encouraged to consider the meaning of
welfare and reminded that the term is used in relation to
those who are more vulnerable in society. It highlights that
for the laws to be effective, enforcement must be effective
and owners and those who work with animals have a
duty of care and responsibility towards them. The book
covers areas such as mutilations, docking tails of dogs,
poisoning and dog fighting. It delves into the nuances of the
laws surrounding these actions as well as the conditions
under which inspections can be made, the powers of the
inspectors to destroy or take possession of the animal and
arrest the abuser, the power to disqualify someone from
owning an animal and when warrants can be obtained.

Sweeney often highlights issues with the AWA; he is of
the opinion that the AWA is currently failing society and
notes that ‘sentences are too low to prevent the prevalence
and continuance of animal abuse’, an issue that is raised
on several occasions. Sweeney does not pull his punches and expresses strong
criticism of the recent
governmental review
of animal welfare
legislature, citing
that our sentencing
is more lenient than
at least 30 other
European countries.
He also discusses the need to balance
the rights of the
owner with the
concern for animal
welfare as the law
protects all. However,
he notes that animal
abusers may proceed
to abuse vulnerable people and so we must enforce these
laws. From the start of the section on the DDA, Sweeney
is highly critical of the Act, describing it as ‘draconian’ and
expressing the belief that the issue is irresponsible owners
rather than the ‘type’ of dog.

The amendments made by the ABCPA are also described.
They go some way to improving the DDA, but not far enough
in the opinion of Sweeney, and throughout he makes
recommendations for reform.

The book caused me to contemplate my own experiences
as a veterinarian, both on farms and in the small animal
consultation room. It would be a valuable resource for
young veterinarians and veterinary students who will
undoubtedly be confronted with breaches of animal welfare
throughout their career.

As some of the main defenders of animal welfare, it is
truly important for veterinarians to understand the law
supporting this. Many will be called to act as an expert
witness at some point in their working life and it would be
useful to appreciate the law prior to this.

The book would also be a useful reference for those
working in animal rescue centres, inspectors such as
RSPCA officers, and law students who may be called to
draw on these statutes in their careers. Although it can be
challenging to understand the legal language surrounding
cases, this book helps the lay person to understand the finer detail of animal welfare law and its interpretation.

If this book has fulfilled its purpose, it will not only
have increased the reader’s understanding of the law, but
will also have raised many questions for the reader with
regards to animal welfare in the UK.

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