AQW 6087/16-21 Written question to the Minister of Agriculture, Environment and Rural Affairs
To ask the Minister of Agriculture, Environment and Rural Affairs to outline the penalties in place for individuals that do not conform to animal welfare checks.
Asked by Naomi Long MLA on 25 October 2016
- Answered
- Written
- After due date
- Tabled
- 25 October 2016
- Answer due by
- 9 November 2016
- Answered
- 23 November 201629 days after tabling
- Priority question
- No
Answer
The maximum penalties in the Welfare of Animals Act (NI) 2011 (the 2011 Act) are -
for conviction on indictment, 5 years imprisonment and/or an unlimited fine; and
on summary conviction for offences of causing unnecessary suffering and animal fighting, 12 months imprisonment and/or a £20,000 fine;
on summary conviction for other offences, 6 months imprisonment and/or a £5,000 fine.
Under the 2011 Act a court can deprive an owner of possession of an animal, and disqualify a person from owning, keeping, or participating in the keeping of an animal.
Inspectors can serve an Improvement Notice on the owner of an animal requiring them to take remedial action to achieve compliance with the 2011 Act.
The 2011 Act provides powers for my Department to make regulations to secure the welfare of animals, and these provide for penalties of up to 6 months imprisonment and/or a £5,000 fine for any breaches of these regulations.
The 2011 Act requires a number of activities involving animals to be licensed by my Department or by Councils. Non-compliance with the 2011 Act or with licence conditions can lead to a licence application being refused, or an existing licence being suspended or revoked.
Under the 2011 Act both my Department and Councils can apply to a court following a conviction to require the owner of an animal to reimburse the expenses incurred in seizing and caring for an animal, and in enforcing the provisions of a range of orders made under the Act.
The Welfare of Farmed Animals Regulation (NI) 2012 were made under powers in the 2011 Act and transpose a range of EU legislation relating to farm animal welfare. Non-compliance with this legislation may lead to the imposition of cross-compliance penalties by my Department, in addition to the penalties set out above.
My Department has made the Welfare of Animals (Transport) Regulations (NI) 2006, and the Welfare of Animals at the Time of Killing Regulations (NI) 2014, under powers in the European Communities Act 1972, to protect the welfare of animals during transport and at the time of killing respectively. The maximum penalties for non-compliance are 3 months imprisonment and/or a £5,000 fine.