Consultation on changes to the Animals Act 1971 to clarify the application of strict liability to the keepers of animals

Defra, Rural Policy Division
Area 3B Nobel House
17 Smith Square
London SW1P 3JR

Telephone: 020 7238 6869
Website: www.defra.gov.uk
Email: animalsact.consultation@defra.gsi.gov.uk

27 March 2009

Dear Consultee

Consultation on changes to the Animals Act 1971 to clarify the application of strict liability to the keepers of animals 

1. I am writing to invite your views on a proposed amendment to the Animals Act 1971. 

2. Since the Animals Act was passed, there has been disagreement and conflicting case law concerning the interpretation of section 2(2)b of the Act. This culminated in the House of Lords’ judgment in Mirvahedy v Henley [2003], which confirmed a broad interpretation of the wording, potentially bringing animal keepers who have taken all reasonable precautions to prevent damage occurring within the scope of strict liability under the Act, and repeated judicial criticism that section 2(2)(b) lacked clarity.

3. The proposal is to amend section 2 of the Animals Act 1971 to clarify the application of strict liability to the keepers of animals that cause harm or damage, by replacing the existing wording of section 2(2)(b) with a new formulation referring to the damage being caused by “unusual or conditional” characteristics of the animal. Unusual characteristics are defined as those that are not shared by the species generally, while conditional characteristics are defined as those that are shared generally by the species.

4. The new wording would require that for strict liability to apply in cases where an unusual characteristic was the cause of the damage, the keeper of the animal at the time the damage was caused must have known of that characteristic in the animal.  Where the damage is due to a conditional characteristic of the animal, it limits the application of strict liability by providing a defence if the keeper of the animal when the incident took place can show that there was no particular reason to expect that the particular circumstances that provoked the conditional characteristic would arise at that time.

5. The following documents can be found on Defra’s website at www.defra.gov.uk/corporate/consult/animals-act/index.htm

  • Consultation letter
  • List of consultees
  • Consultation document
  • Response form
  • Impact assessment
  • Draft Legislative Reform Order

6. We welcome your views and comments on the proposal, specifically your responses to the 12 consultation questions posed in the document. If you wish to obtain a further copy of this consultation please contact the Rural Dialogue Team at the address shown below.  Also, if you think there are others who you think would like to respond to this consultation (and they do not appear on the consultee list) then please let me know.

7. Details of the Cabinet Office Code of Practice on Consultation can be found via the following link.
http://bre.berr.gov.uk/regulation/documents/consultation/pdf/code.pdf

Responses

8. Please send your completed response form to either:

Amy Barry
Defra, Rural Policy Division
Area 3B Nobel House
17 Smith Square
London SW1P 3JR
Or e-mail: animalsact.consultation@defra.gsi.gov.uk

9. Responses should be received by 19 June 2009.

10. In line with Defra´s policy of openness, at the end of the consultation period copies of the responses we receive will be made publicly available through the Defra Information Resource Centre, Lower Ground Floor, Ergon House, 17 Smith Square, London SW1P 3JR. The information they contain will also be published in a summary of responses.

11. If you do not consent to this, you must clearly request that your response be treated confidentially. Any confidentiality disclaimer generated by your IT system in e-mail responses will not be treated as such a request. You should also be aware that there may be circumstances in which Defra will be required to communicate information to third parties on request, in order to comply with its obligations under the Freedom of Information Act 2000 and the Environmental Information Regulations.

12. The library will supply copies of consultation responses to personal callers or in response to telephone or e-mail requests (tel: 020 7238 6575, email: defra.library@defra.gsi.gov.uk Wherever possible, personal callers should give the library at least 24 hour notice of their requirements. An administrative charge will be made to cover photocopying and postage costs.

13. If you have any comments or complaints about the consultation process, as opposed to the content in the consultation paper, please address them to Marjorie Addo, Defra’s Consultation Co-ordinator, Area 7C Nobel House, 17 Smith Square, London SW1P 3JR, or email consultation.coordinator@defra.gsi.gov.uk.

14. Thank you for your help in this matter. If you have any queries please contact us as above.

Yours sincerely,

Tony Williamson
Department for Environment, Food and Rural Affairs

 

Page published: 27 March 2009