COMMONS AMENDMENTS (Hansard, 6 May 1986)

§ Lord Glenarthur

My Lords, I beg to move that this House do agree with the Commons in their Amendments Nos. 4 and 5. Your Lordships will recall the earlier discussions in this House on the crucial provision in Clause 10(2)(b), requiring all personal licences to contain a condition placing an absolute upper limit on the degree of pain or distress any animal may be permitted to suffer, and requiring that an animal suffering to that degree must be immediately and humanely killed regardless of the importance or likely benefit of the procedures in which it is being used. The House agreed to an amendment to Clause 10(2)(b), making it clear that this referred to what is known as the "termination" condition, a condition specifying the circumstances in which an animal's suffering must be brought to an immediate end.

These further amendments to Clause 10(2)(b) arise from a desire to reinforce this crucial provision, first, by specifying that it is "inviolable"—that is, it overrides all other considerations and cannot be waived whatever the circumstances—and, secondly, by making clear that it must be put into effect in every case where the circumstances specified in the condition obtain. The Government believe that these are worthwhile amendments which will make licensees aware of the overriding importance of the duty imposed on them by the termination condition, and which will further reassure the public that there is a point beyond which no animal may be permitted to continue in pain or distress. I believe that these amendments will also be welcomed by your Lordships, and perhaps in particular by the noble Lord, Lord Melchett, who raised the idea of including the word "inviolable" (or was it "inviolate" at that stage?) during the debates that we had in Committee.

The exact words of the termination condition are not spelt out in the Bill. That would be inappropriate because it would prevent further strengthening of the condition in the light of future developments or to remedy any defect or loophole that the wording subsequently revealed. The condition is, however, spelt out in the draft guidance note: Condition B4 in Annex C to the draft. These amendments signal very clearly the force of the termination condition and I am sure will be welcomed by your Lordships. I accordingly commend them to the House and I beg to move.

Moved, That this House do agree with the Commons in the said amendments.—(Lord Glenarthur.)