By Sally Pook
(Filed: 31/01/2006)
Pets are to be given five "freedoms" under new legislation before Parliament that aims to raise the standards of welfare by fining or jailing owners who neglect their animals.
Pets will be entitled to a proper diet and living conditions and protection from pain and disease
The freedoms include appropriate diet, suitable living conditions, companionship or solitude as appropriate, monitoring for abnormal behaviour and protection from pain, suffering, injury and disease.
They are contained in the Animal Welfare Bill, which is expected to clear Parliament in the next few months and creates a new offence of deliberately neglecting the welfare of a pet.
Owners could be fined up to £5,000 or given a prison sentence if a pet is kept in such a way that will inevitably lead to suffering in the future. This is a significant shift from existing law, where action can only be taken against an owner if an animal is suffering.
Once the Bill becomes law, secondary legislation could be introduced creating codes of conduct for different types of pet. An 18-page cat code has been drawn up as an example.
A spokesman for the Department for the Environment, Food and Rural Affairs denied that the Bill was another example of the nanny state and said the codes would be advisory.
"It won't be a case of people breaking the door down because the dog missed its meal," he said. "The vast majority of owners and animal-keepers in this country are totally responsible and will not notice this law."
Defra already has farm animal codes that do not lay down laws but advise owners on good practice and conditions for their animals. Owners cannot be prosecuted for not complying with a code, but the codes may be used to assist in determining whether or not an offence has been committed.
"The Bill is about ensuring pet owners understand that they have a duty of care towards their charges," said the spokesman. "It is aimed at the few who do not understand or care about the welfare of their animals."
The new offence will be enforced by local authority inspectors or police and does not give extra powers to the Royal Society for the Protection of Animals.
The Bill also bans the docking of dogs' tails and pets being won as prizes for anyone aged under 16. It increases from 12 to 16 the minimum age at which a child may buy a pet.
Defra says the Bill is the most significant animal welfare legislation for nearly a century.
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