chris
06-15-2006, 02:23 PM
Subject : legal victory spells the end for UK bird markets
New Life Parrot Rescue & Helpline Service is delighted with this
monumental victory. There can now be no uncertainty to Section 2 of the
Pet Animals Act 1951, leaving it absolutely clear that DEFRA's attempts
to license Pet Fairs through the Animal Welfare Bill is in effect
seeking to decriminalise them.
Julie Hamilton
Media release
Landmark legal victory spells the end for UK wildlife markets
The Animal Protection Agency (APA) - a national organisation that
campaigns against the trade in wild animals as pets – is today
celebrating a High Court decision that clearly rules that pet or
wildlife markets are illegal. The case, brought by Malcolm Haynes
against Stafford Borough Council, means that local councils should now
act to prevent the sale of pet animals at markets.
Malcolm Haynes, a local resident to the UK’s largest exotic bird market,
was appalled by gruesome scenes of wildlife trading in an APA film shown
on TV. Malcolm wrote to Stafford Borough Council, calling for it to
refuse to licence further such events, including a bird market planned
for last October that was to involve the sale of up to 13,000 birds
(many of them wild-caught). Not satisfied with the dismissive response
he received, Malcolm – on the APA’s advice – contacted environmental law
specialists, Richard Buxton Solicitors, who brought judicial review
proceedings against the Council challenging its interpretation of the
law.
The judicial review claim centred on whether the pet market was
prohibited by Section 2 of the Pet Animals Act 1951, which makes it a
criminal offence to carry on businesses of selling animals as pets from
market stalls. Giving judgement today, Mr Justice Walker granted the
application for judicial review, formally rejecting the Council’s
argument that the Section 2 prohibition could be confined to franchise
markets, street markets, open markets or public markets. The Council was
also ordered to contribute to the Claimant’s legal costs.
Stafford Borough Council was one of only two local authorities in the UK
still issuing licences for pet markets. Despite the fact that the
overwhelming view of local councils and legal experts was that pet
markets were unlawful, DEFRA had continued to describe the law as
‘ambiguous’ and sought to ‘clarify’ it by proposing to legalise such
events in the Animal Welfare Bill. Today’s judgement determines that the
law is clear and pet markets are banned.
Elaine Toland, Director of APA, said:
“The judge’s decision, though no surprise to us, is a vindication of the
position we have repeatedly expressed, both to Stafford Borough Council
and to DEFRA. The selling of animals at pet fairs is not only a major
animal welfare and public health problem, but is also against the law.
We can finally put to bed the argument that the law is a ‘grey area’ and
that the answer is simply to legalise such fairs. The judge emphasised
that the ban on pet markets was introduced as an important animal
protection measure and that its rationale was just as applicable to pet
fairs as it was to the selling of animals on street corrners. It would
be a travesty of reason were DEFRA now to carry on with its plans to
legalise such fairs so as to override the effect of today’s court
decision.”
Baroness Miller of Chilthorne Domer, Liberal Democrat EFRA spokeperson
who recently described pet fairs in Parliament as the “car boot sales”
of the animal trading world, said:
"This is excellent news for animal welfare. Given this clear judgement
it is important that the very real protection afforded by the law as it
stands is maintained in both spirit and letter in future legislation
rather than held at risk in the face of speculative and hitherto
entirely untested regulatory mechanisms."
Clifford Warwick, Public Health Consultant said:
“Today’s decision is not only good news for animal welfare and species
conservation but also for human health. Exotic bird markets have been
identified by scientists around the world as ‘mixing pots’ of infection,
providing opportunities for diseases and viruses like bird flu to
transfer from animals to people. Wildlife markets are also recognised as
a hub of illegal trading and prohibited species have often been found on
sale.”
* For a copy of the draft judgement, film or images of the Stafford bird
market or for more information, please contact Elaine Toland on 01273
674253
* We have an ISDN line for broadcast quality interviews.
Issued: June 14, 2006
Animal Protection Agency
Brighton Media Centre
15-17 Middle Street
Brighton
BN1 1AL
________________________
Tel: 01273 674253
Fax: 01273 674927
www.apa.org.u (http://www.apa.org.u/)
.................................................. .............................
Council sick as a parrot
An animal welfare worker has claimed victory after the sale of birds as pets at a Parrot Society show in Stafford was ruled unlawful in a High Court test case.
The decision, which has implications for similar shows up and down the country, was a victory for animal welfare worker Malcolm Haynes.
Mr Haynes, from Great Wyrley, had challenged Stafford Borough Council's decision to allow pet sales at the Parrot Society UK's show, held last October at the Stafford county showground.
Mr Justice Walker, sitting in London, ruled the local authority's decision to licence traders was flawed.
The judge said the 1951 Pet Animals Act made it an offence to carry on a business selling animals as pets "in a street or public place" or "at a stall or barrow in a market".
He ruled the law also applied to a "concourse of buyers or sellers", such as those to be found at shows where animals were offered for sale as pets.
The judge declared that the word "market" was not confined to street markets, open markets or public markets. He said: "Concerns as to animal welfare generally, and pets being sold by persons who were not experts, are just as much applicable to showground markets as they are to street and non-street open markets".
The judge stressed he was not declaring that any particular person who had sold birds at the Stafford bird show had committed a criminal offence.
Lawyers for Mr Haynes, who runs an animal rescue and re-homing charity, said: "The implication of this is that all future pet fairs would be subject to criminal sanctions under the 1951 Act."
The Parrot Society said the ruling would not mean the end of the shows it holds up and down the country. Society council member Colin O'Hara said: "We will organise our subsequent shows without these sales. We have every expectation that the shows will be as popular with birdkeepers and families as before."
Later the Animal Protection Agency (APA), a national organisation that campaigns against the trade in wild animals as pets, said today's judgment "clearly rules that pet or wildlife markets are illegal".
APA described Stafford Council as one of only two local authorities in the UK still issuing licences for pet markets.
Elaine Toland, director of APA, said: "We can finally put to bed the argument that the law is a 'grey area' and that the answer is simply to legalise such fairs.
"It would be a travesty of reason were Defra now to carry on with its plans to legalise such fairs so as to override the effect of today's court decision."
Baroness Miller of Chilthorne Domer, Liberal Democrat spokeswoman in the House of Lords for Environment, Food and Rural Affairs, recently described pet fairs as the "car boot sales" of the animal trading world"
She said: "This is excellent news for animal welfare. Given this clear judgment, it is important that the very real protection afforded by the law as it stands is maintained in both spirit and letter in future legislation, rather than held at risk in the face of speculative and hitherto entirely untested regulatory mechanisms."
Public health consultant Clifford Warwick said: "Today's decision is not only good news for animal welfare and species conservation but also for human health.
"Exotic bird markets have been identified by scientists around the world as 'mixing pots' of infection, providing opportunities for diseases and viruses like bird flu to transfer from animals to people.
"Wildlife markets are also recognised as a hub of illegal trading and prohibited species have often been found on sale."
Copyright Press Association 2006.
New Life Parrot Rescue & Helpline Service is delighted with this
monumental victory. There can now be no uncertainty to Section 2 of the
Pet Animals Act 1951, leaving it absolutely clear that DEFRA's attempts
to license Pet Fairs through the Animal Welfare Bill is in effect
seeking to decriminalise them.
Julie Hamilton
Media release
Landmark legal victory spells the end for UK wildlife markets
The Animal Protection Agency (APA) - a national organisation that
campaigns against the trade in wild animals as pets – is today
celebrating a High Court decision that clearly rules that pet or
wildlife markets are illegal. The case, brought by Malcolm Haynes
against Stafford Borough Council, means that local councils should now
act to prevent the sale of pet animals at markets.
Malcolm Haynes, a local resident to the UK’s largest exotic bird market,
was appalled by gruesome scenes of wildlife trading in an APA film shown
on TV. Malcolm wrote to Stafford Borough Council, calling for it to
refuse to licence further such events, including a bird market planned
for last October that was to involve the sale of up to 13,000 birds
(many of them wild-caught). Not satisfied with the dismissive response
he received, Malcolm – on the APA’s advice – contacted environmental law
specialists, Richard Buxton Solicitors, who brought judicial review
proceedings against the Council challenging its interpretation of the
law.
The judicial review claim centred on whether the pet market was
prohibited by Section 2 of the Pet Animals Act 1951, which makes it a
criminal offence to carry on businesses of selling animals as pets from
market stalls. Giving judgement today, Mr Justice Walker granted the
application for judicial review, formally rejecting the Council’s
argument that the Section 2 prohibition could be confined to franchise
markets, street markets, open markets or public markets. The Council was
also ordered to contribute to the Claimant’s legal costs.
Stafford Borough Council was one of only two local authorities in the UK
still issuing licences for pet markets. Despite the fact that the
overwhelming view of local councils and legal experts was that pet
markets were unlawful, DEFRA had continued to describe the law as
‘ambiguous’ and sought to ‘clarify’ it by proposing to legalise such
events in the Animal Welfare Bill. Today’s judgement determines that the
law is clear and pet markets are banned.
Elaine Toland, Director of APA, said:
“The judge’s decision, though no surprise to us, is a vindication of the
position we have repeatedly expressed, both to Stafford Borough Council
and to DEFRA. The selling of animals at pet fairs is not only a major
animal welfare and public health problem, but is also against the law.
We can finally put to bed the argument that the law is a ‘grey area’ and
that the answer is simply to legalise such fairs. The judge emphasised
that the ban on pet markets was introduced as an important animal
protection measure and that its rationale was just as applicable to pet
fairs as it was to the selling of animals on street corrners. It would
be a travesty of reason were DEFRA now to carry on with its plans to
legalise such fairs so as to override the effect of today’s court
decision.”
Baroness Miller of Chilthorne Domer, Liberal Democrat EFRA spokeperson
who recently described pet fairs in Parliament as the “car boot sales”
of the animal trading world, said:
"This is excellent news for animal welfare. Given this clear judgement
it is important that the very real protection afforded by the law as it
stands is maintained in both spirit and letter in future legislation
rather than held at risk in the face of speculative and hitherto
entirely untested regulatory mechanisms."
Clifford Warwick, Public Health Consultant said:
“Today’s decision is not only good news for animal welfare and species
conservation but also for human health. Exotic bird markets have been
identified by scientists around the world as ‘mixing pots’ of infection,
providing opportunities for diseases and viruses like bird flu to
transfer from animals to people. Wildlife markets are also recognised as
a hub of illegal trading and prohibited species have often been found on
sale.”
* For a copy of the draft judgement, film or images of the Stafford bird
market or for more information, please contact Elaine Toland on 01273
674253
* We have an ISDN line for broadcast quality interviews.
Issued: June 14, 2006
Animal Protection Agency
Brighton Media Centre
15-17 Middle Street
Brighton
BN1 1AL
________________________
Tel: 01273 674253
Fax: 01273 674927
www.apa.org.u (http://www.apa.org.u/)
.................................................. .............................
Council sick as a parrot
An animal welfare worker has claimed victory after the sale of birds as pets at a Parrot Society show in Stafford was ruled unlawful in a High Court test case.
The decision, which has implications for similar shows up and down the country, was a victory for animal welfare worker Malcolm Haynes.
Mr Haynes, from Great Wyrley, had challenged Stafford Borough Council's decision to allow pet sales at the Parrot Society UK's show, held last October at the Stafford county showground.
Mr Justice Walker, sitting in London, ruled the local authority's decision to licence traders was flawed.
The judge said the 1951 Pet Animals Act made it an offence to carry on a business selling animals as pets "in a street or public place" or "at a stall or barrow in a market".
He ruled the law also applied to a "concourse of buyers or sellers", such as those to be found at shows where animals were offered for sale as pets.
The judge declared that the word "market" was not confined to street markets, open markets or public markets. He said: "Concerns as to animal welfare generally, and pets being sold by persons who were not experts, are just as much applicable to showground markets as they are to street and non-street open markets".
The judge stressed he was not declaring that any particular person who had sold birds at the Stafford bird show had committed a criminal offence.
Lawyers for Mr Haynes, who runs an animal rescue and re-homing charity, said: "The implication of this is that all future pet fairs would be subject to criminal sanctions under the 1951 Act."
The Parrot Society said the ruling would not mean the end of the shows it holds up and down the country. Society council member Colin O'Hara said: "We will organise our subsequent shows without these sales. We have every expectation that the shows will be as popular with birdkeepers and families as before."
Later the Animal Protection Agency (APA), a national organisation that campaigns against the trade in wild animals as pets, said today's judgment "clearly rules that pet or wildlife markets are illegal".
APA described Stafford Council as one of only two local authorities in the UK still issuing licences for pet markets.
Elaine Toland, director of APA, said: "We can finally put to bed the argument that the law is a 'grey area' and that the answer is simply to legalise such fairs.
"It would be a travesty of reason were Defra now to carry on with its plans to legalise such fairs so as to override the effect of today's court decision."
Baroness Miller of Chilthorne Domer, Liberal Democrat spokeswoman in the House of Lords for Environment, Food and Rural Affairs, recently described pet fairs as the "car boot sales" of the animal trading world"
She said: "This is excellent news for animal welfare. Given this clear judgment, it is important that the very real protection afforded by the law as it stands is maintained in both spirit and letter in future legislation, rather than held at risk in the face of speculative and hitherto entirely untested regulatory mechanisms."
Public health consultant Clifford Warwick said: "Today's decision is not only good news for animal welfare and species conservation but also for human health.
"Exotic bird markets have been identified by scientists around the world as 'mixing pots' of infection, providing opportunities for diseases and viruses like bird flu to transfer from animals to people.
"Wildlife markets are also recognised as a hub of illegal trading and prohibited species have often been found on sale."
Copyright Press Association 2006.