Tag: legislation

Letters: Animal Sentience

The Animal Welfare (Sentience) Bill is due to reach its final stages in Parliament on 7th March 2022. If passed, it will require the UK Government to consider the welfare needs of animals as sentient beings when making and implementing policies, and animal sentience will once again be enshrined in UK Law.

Sir,

As we are a nation of animal lovers, it’s hard to believe that UK law doesn’t currently recognise animals as being able to feel joy, pain, fear and excitement. No one who has ever seen a cow going outside for the first time after a winter indoors, a hen dust bathing, or a pig wallowing in a fresh patch of mud would be in any doubt that animals are sentient. I am shocked that we even find ourselves in this position. 

During the 1990s, Compassion in World Farming – a charity I have long supported – campaigned tirelessly on this issue, resulting in the recognition of animal sentience becoming enshrined in EU law and for this to be given full regard by governments when making and implementing policy.

However, for the past year, following the UK’s departure from the EU, this important protection has been lost. As a vet, I just cannot comprehend that farm animals are currently only seen as ‘goods’ in the eyes of the law. It’s nonsensical.

Thanks to Compassion and other NGOs, MPs are currently debating the Animal Welfare (Sentience) Bill in Parliament. This will ensure that animals are once again legally recognised as sentient, thinking beings. The Bill has just passed its Committee Stage in the House of Commons, but we aren’t over the finish line just yet, so it’s vital MPs vote in support of the Bill when it has its final stages (7th March).

We don’t need any more dither or delay. What we need is to reinstate the important principle of animal sentience in UK law.

Dr Emma Milne BVSC FRCVS, vet and Supporter of Compassion in World Farming

TV presenter, vet and author Emma Milne is well known for her love of animals. Emma is passionate about animal welfare and advocates better standards of care for pets, conservation of wildlife and an end to factory farming. Emma starred in eleven series of BBC’s Vets in Practice programme (1996 – 2003).

www.emmathevet.co.uk

MPs urged to back training scheme for workers to support just transition

Environmental campaigners and trade unionists have called for MPs to back the creation of an Offshore Training Scheme, as a key solution to removing barriers for oil and gas workers transferring into renewables. 

The idea is backed by offshore workers and MSPs from all parties expressed support for an Offshore Training Passport when it was debated in the Scottish Parliament in October 2021.

The Skills and Post-16 Education Bill is making its way through the UK Parliament, with the final vote to take place tomorrow – Monday 21st February. Caroline Lucas MP has tabled three amendments which would require the UK Government to publish a strategy for the creation of an Offshore Training Scheme within a year. Other parties are being urged to back these amendments.

A 2021 survey of 610 offshore workers by Friends of the Earth Scotland, Platform and Greenpeace UK found 97% of workers said they were concerned about training costs. On average, each worker paid £1800 every year to maintain the qualifications required to work in offshore oil and gas. For any worker looking to move into renewables, they are expected to duplicate much of their existing training, at even greater cost.

Friends of the Earth Scotland’s Just Transition Campaigner Ryan Morrison said: “The skills and experience of offshore workers are vital to enable a rapid shift to renewable energy, but workers cannot be expected to fork out thousands of pounds from their own pocket to duplicate qualifications they already have.

“It is time for MPs to listen to these workers by creating a regulated training passport to ensure a just transition for offshore workers. They have a golden opportunity to do exactly that this week by supporting these amendments.”

94% of workers surveyed supported an Offshore Training Passport to standardise training in the offshore energy industry, removing duplication where possible and significantly reducing the burden of costs faced by often self-employed workers. The amendments put forward by Caroline Lucas would achieve the demands of workers in the industry.

RMT Regional Officer, Jake Molloy said: “The urgency of this issue cannot be overstated. The Trade Unions have been banging this particular drum since the oil and gas downturn of 2014 and the industry and their standards bodies have collectively failed the workforce.

“We need an intervention now; we need the political will and support of MPs across the country to address the injustice of having to pay for work, which is the situation faced by thousands of UK workers! All of the talk about a “Just” transition will continue to be nothing more than ‘talk’ if MPs fail to support this initiative.”

+++ Workers case study (Jack is a pseudonym) +++

Jack*, 39, has worked in the industry for 12 years. He works as a LOLER Focal Point for rigs, having worked his way up from being a trainee rigger.

Jack said: “The companies used to pay for your training costs. So you’d have to cover your first lot of training yourself but after that, once you were established with a company, they would pay for your training because they want you to work for them.

“Now it’s very different. You’ve got to cover all these costs yourself, and they need redoing every couple of years so you’re in this constant cycle, and often the courses do overlap. And some of these agencies are making you pay for your own Personal Protective Equipment that you need to work on an oil rig.

“I have thought about working in renewables, but that’d be thousands of pounds you’d have to pay to work in both industries. It’d just be too much, it costs an absolute fortune just to stay in one sector. 

“I was paid off last year, so my certificates lapsed. I ended up having to pay £3,000 for training to only get four months of work. 

“Shelling out all this money does cause stress, and it does have an impact on your family and your living costs. There’s lots of people worrying about how they’re going to pay the mortgage. I know people who’ve packed it in altogether because working offshore is just too expensive.”

Crackdown: Fireworks and Pyrotechnic Bill published

Reducing the negative impact of fireworks and pyrotechnics on communities across Scotland is at the heart of new legislation. The Fireworks and Pyrotechnic Articles (Scotland) Bill proposes tougher action on the sale and use of fireworks and the misuse of pyrotechnics.

The Bill follows the report of an independent Firework Review Group which recommended tightening legislation to reduce the harm fireworks can cause.

An analysis of the public consultation, published in December 2021, showed strong support for key measures in the Bill amongst those who responded.

The Bill’s proposals include:

  • the introduction of a fireworks licensing system
  • a new power for local authorities to designate firework control zones, where it is not permitted for the public to use fireworks
  • restricting the days fireworks can be sold to and used by the general public
  • a new offence to criminalise the supply of fireworks and pyrotechnics to under-18s to ensure adults do not purchase such products on behalf of children
  • a new offence of being in possession of a pyrotechnic while at, or travelling to, certain places or events, without reasonable excuse

Community Safety Minister Ash Regan said: “This Bill will ensure appropriate action is taken over the sale and use of fireworks as well as reducing the misuse of pyrotechnic devices such as flares.

“We have undertaken a significant programme of engagement and evidence gathering which has demonstrated strong public support for tougher action.

“We have already moved quickly to introduce regulations restricting the times of day and the volume of fireworks that can be supplied to the public – as well as the times fireworks can be set off.

“This Bill demonstrates our absolute commitment to further improve safety for communities across Scotland.”

Police Scotland Chief Superintendent Linda Jones of Partnership, Prevention and Community Wellbeing said: “Pyrotechnics in the wrong hands can be lethal. They are inherently dangerous and their ongoing misuse is a matter of serious concern to Police Scotland. This is not only due to the risks faced by those who may discharge them, but to those around them.

“There is no safe way to operate pyrotechnics unless you are properly trained – leave it to the experts at organised events.”

Director of Service Delivery for the Scottish Fire and Rescue Service Assistant Chief Officer Stuart Stevens said: “It is clear the inappropriate use of fireworks and pyrotechnics such as flares can cause harm and serious injury as well as distress people, pets and the wider community.

“In some cases, fireworks have also been linked to anti-social behaviour which can put our crews and our partners at risk whilst drawing unnecessarily on our emergency service resources. We therefore welcome measures to help keep our communities, staff and partners safe.”

Clinical Research Fellow at the NHS Greater Glasgow and Clyde Canniesburn Department of Plastic Surgery Eleanor Robertson said: “We are delighted this Bill is being introduced.

“Firework safety campaigns raise awareness of the hazards and provide risk-reduction strategies, but pediatrics and adult patients continue to present with severe hand and eye injuries. We believe the proposed legislation will substantially reduce both direct and indirect harm from fireworks.”

Head of Education, Policy and Research at the Scottish Society for Prevention of Cruelty to Animals Gilly Mendes Ferreira said: “We realise people still want to enjoy fireworks and we always ask that they do it responsibly.

“Misuse of fireworks and pyrotechnic devices can have a negative effect on people and animals across the country and we will always support the introduction of any preventative measures that will help keep Scotland’s people and animals safe.”

Scottish Parliament approves short-term lets legislation

Local authorities to set up licensing schemes

All short-term let properties will require a licence to ensure they are safe and the people providing them are suitable, under legislation approved by the Scottish Parliament.

Local authorities will be required to establish a short-term lets licensing scheme by 1 October 2022, and existing hosts and operators will have until 1 April 2023 to apply for a licence.

The legislation was developed in response to concerns raised by residents and communities about the impact of short-term let properties on their local communities, including noise, antisocial behaviour and the impact on the supply of housing in some areas.

Housing Secretary Shona Robison said: “This legislation is a significant milestone on our path to bringing in an effective system of regulating short-term lets.

“Our licensing scheme will allow local authorities and communities to take action to manage issues more effectively, without unduly curtailing the many benefits of short-term lets to hosts, visitors and the economy.

“We have already introduced legislation allowing councils to establish short-term let control areas and manage numbers of short-term lets. This is the next step to delivering a licensing scheme that will ensure short-term lets are safe and that allowing them to continue to make a positive impact on Scotland’s tourism industry and local economies while meeting the needs of local communities.

“This legislation covers the whole of Scotland, including island and rural communities, and offers flexibility to local authorities in how it is implemented based on local needs and concerns.

“We appreciate the input from tourism bodies, local government, community organisations, residents and others in reaching this point.”

Welcoming the announcement, city council leader Adam McVey said: “This is fantastic news for residents. After our call for this legislative change we worked with the Scottish Government as they consulted on this issue and how the details of a licensing scheme would work.

“I’m really pleased all short term lets will now need a licence making them much easier to control not only in terms of overall impact on our housing supply but also help us deal with any anti-social behaviour and noise issues.

“It’ll mean whole properties being let out as short term lets will need to have ‘change of use’ planning permission before they can be granted a licence. This will help to stop homes being taken out of residential use or being let out when they are unsuitable or unsafe.

“In addition to this, councillors will consider a report next month on whether we should apply to the Scottish Government for Edinburgh to become a ‘short term let control area’. Enforcement of planning legislation is a costly and lengthy process. If approved, many properties being used as short term lets would automatically require to have planning permission in place.”

All short-term let properties will require a licence by July 2024.

Political parties unite over the pain of crabs and lobsters

One step closer to being included in UK law

It’s rare to hear about cross-party consensus in UK politics, but last week this happened in the House of Lords at Westminster and for a most unusual reason – crabs and lobsters!

The ten-legged crustaceans were debated late into the night, with Lords agreeing to support a government amendment declaring that animals like crabs, lobsters and prawns experience feelings such as pain and should be included in the Animal Welfare (Sentience) Bill.

The amendment was laid on behalf of the government by Conservative peer Lord Benyon, and sponsored by opposition Labour peer Baroness Hayman of Ullock and Liberal Democrat peer Baroness Bakewell of Hardington Mandeville. It is believed to be only the second time this has happened in recent history.

Following Brexit, the UK government launched an Action Plan for Animal Welfare, including the Animal Welfare (Sentience) Bill which is currently making its way through UK Parliament.

After the debate in the House of Lords it will now include decapod crustaceans (animals like crabs, lobsters and prawns) and cephalopod molluscs (animals like octopus and squid).

If passed into law their welfare would have to be considered in any future policy decision-making. It would also pave the way for their inclusion into other UK animal welfare legislation such as the Animal Welfare Act.

The UK will be joining countries who already have protections for these animals in law, including Norway, Austria, Switzerland, New Zealand and various Australian territories and cities in Germany, Netherlands and Italy.

The issue is particularly relevant for the UK, where approximately 420 million crabs, lobsters and langoustines are landed in UK ports by UK vessels each year.

On the 19th November 2021 an independent report was released that reviewed the evidence for sentience in decapod crustaceans and cephalopod molluscs. The report was commissioned by the Department for Environment, Food and Rural Affairs (Defra).

The review, led by Dr Jonathan Birch of the London School of Economics (LSE), analysed over 300 scientific studies over several months. The team concluded that there is strong scientific evidence of sentience in decapod crustaceans and cephalopod molluscs, and recommends that they should be included in animal protection legislation.

The government amendment that was supported by the House of Lords, was drafted directly in response to the findings and recommendations of this report.

Crustacean Compassion, the leading group campaigning for the humane treatment of animals like crabs and lobsters, has welcomed the news. They have shown this issue to be of public concern and to have significant expert support.

Their petition calling for decapod crustaceans to be protected in law has been signed by almost 60,000 people to date, and their open letter was signed by scientists, veterinary organisations and public figures, including the British Veterinary Association, RSCPA and wildlife broadcaster Michaela Strachan.

Claire Howard of Crustacean Compassion said: “There is no longer debate about whether or not animals like crabs, lobsters and prawns can feel pain. The scientific review published by London School of Economics has shown the evidence is clear and compelling.

“In the UK this has now led to government recognition of their sentience for the first time. It would be great to see this inspire legal protection for these animals in countries around the world.”

Juliette Booker of Crustacean Compassion said: “It is fantastic to see this cross-party support resulting in crabs, lobsters and prawns being included in the UK Sentience Bill.

“The peers have reviewed the extensive scientific evidence in the LSE report and taken the findings seriously. Knowing that these animals can feel pain, we now need to ensure that inhumane practices such as boiling them alive are stopped.”

Proposal to pardon miners to be explored by Holyrood Committee

A Bill which would pardon miners convicted of offences during the 1984-1985 miners’ strike is to be scrutinised by a Scottish Parliament Committee.

The Equalities, Human Rights and Civil Justice Committee is seeking views from the public, academics and other interested stakeholders on the Miners’ Strike (Pardons) (Scotland) Bill.

If passed, the Bill would automatically pardon those convicted of offences which occurred during the course of a miner’s participation of a picket line, demonstration, or other similar gathering in supporting the strikes or while travelling to or from a picket line or demonstration.

Recognising the strain placed on police and community relationships during the strike, the legislation is an attempt to bring reconciliation between those upholding the law and those who were fighting to protect their jobs, livelihoods and communities.

Committee Convener Joe FitzPatrick MSP said: “Many of those who took part and were convicted for their participation in the miners’ strike have had to live with the consequences and the resulting stigma for decades.

“This Bill seeks to provide some closure to communities across Scotland by pardoning those found guilty of certain offences during those bitter disputes.

“As we launch this inquiry, we want to find out if this legislation is the right approach to achieve reconciliation and right those historical injustices or if there are alternative ways we can reach that goal.

“In seeking views to aid our scrutiny, we particularly want to hear about how far the proposed pardons go and whether they cover the right people and offences.”

The call for views closes on 14 January 2022 and you can share your views here: 

https://yourviews.parliament.scot/ehrc/miners-strike-pardons-bill

“Long Overdue”: Gordon MacDonald MSP backs campaign for paid miscarriage leave

Edinburgh Pentlands MSP Gordon MacDonald has added his support to the campaign to introduce paid leave for families who experience a miscarriage before 24 weeks.

One in four pregnancies end in miscarriage, however, under current UK legislation, workers are only entitled to paid bereavement leave following a stillbirth after 24 weeks of pregnancy.

As a result, families across the country are forced to rely on their employer’s good will or sick leave to allow them to grieve their loss.

On 3 December, a Private Members’ Bill introduced by Lanark and Hamilton East MP Angela Crawley which would see three days of paid leave for parents who experience a miscarriage before 24 weeks will receive its second reading in the House of Commons.

A petition has been launched calling for the UK Government to support the campaign and MPs from all parties have backed the bill.

Many parents have spoken of the stigma associated with miscarriage and this bill would finally close gap in support.

Some companies have already gone further than the bill proposes and offer paid leave for between seven and 14 days for people who experience a miscarriage at any stage of the pregnancy.

Other countries, including New Zealand, have written similar provisions into law and in September Australia became the latest country to adopt paid miscarriage leave.

Gordon MacDonald MSP said: “I know many parents in Edinburgh Pentlands have experienced miscarriage and too many of them have to rely on their employer’s good will or take sick leave when it happens.

“Miscarriage is no one’s fault yet the stigma associated can often put parents in a position where they are unable to properly grieve their loss.

“Countries like Australia and New Zealand have already taken the progressive step to ensure all parents affected by miscarriage are entitled to paid leave.

“It is time that the UK followed in their footsteps and I fully support this bill to provide the much needed, long overdue support grieving parents need and finally end the stigma associated with miscarriage.”

Angela Crawley MP’s private members’ bill is due to be debated today – Friday 3rd December 2021

The petition can be viewed and signed at https://paidmiscarriageleave.co.uk/

Public support for crackdown on fireworks in Scotland

Tougher action on the sale and use of fireworks and tackling the misuse of pyrotechnics has been backed in a new consultation.

The public consultation, which attracted a total of 1,739 responses, asked for views on the Scottish Government’s Fireworks and Pyrotechnics Bill.

The proposed Bill follows the report of an independent Fireworks Review Group which recommended tightening legislation to reduce the harm fireworks can cause.

The consultation, published today, shows that of those who responded on these individual issues:

  • 92% agreed with the introduction of a new offence to criminalise the supply of fireworks to under-18s
  • 84% backed the introduction of a fireworks licensing system
  • 77% backed a new offence of being in possession of a pyrotechnic in a public place without reasonable excuse or lawful authority
  • 70% agreed with extending police powers to allow a stop and search provision in relation to pyrotechnics
  • more than 60% agreed with restrictions for the general public on the days fireworks can be sold and used

Community Safety Minister Ash Regan said: “The consultation builds on a significant programme of engagement and evidence gathering and demonstrated the range of views among those who responded.

“I am committed to making our communities safer and we have already moved quickly to introduce regulations restricting the times of day and the volume of fireworks that can be supplied to the public – as well as the times fireworks can be set off.

“We are intent on further improving safety for communities across Scotland by taking forward the Fireworks and Pyrotechnics Bill at the earliest opportunity to ensure appropriate action is taken over the sale and use of fireworks and to reduce the misuse of pyrotechnic devices such as flares.”

Short-term lets: Legislation laid before Scottish Parliament

Councils will be given powers to ensure short-term lets are safe and meet the needs of their local communities under legislation laid before the Scottish Parliament.

Under the legislation, all local authorities will be required to establish a short-term lets licensing scheme by October 2022. Existing hosts and operators will have until 1 April 2023 to apply for a licence for each property that they operate as a short-term let. All short-term lets in Scotland will have to be licensed by 1 July 2024.

The legislation was developed after residents across Scotland raised significant concerns about the impact of short-term lets on their communities, including noise, antisocial behaviour and the impact on the supply on housing in some areas.

It will ensure the needs and concerns of communities are balanced with wider economic and tourism interests.

Housing Secretary Shona Robison said: “We have already introduced legislation allowing councils to establish short-term let control areas and manage numbers of short-term lets. This is the next significant step to delivering a licensing scheme that will ensure short-term lets are safe and the people providing them are suitable.

“We want short term lets to continue making a positive impact on Scotland’s tourism industry and local economies while meeting the needs of local communities.

“Short-term lets can offer people a flexible travel option. However, we know that in certain areas, particularly tourist hotspots, high numbers of lets can cause problems for neighbours and make it harder for people to find homes to live in.

“The licensing scheme and control area legislation give councils the powers to take action where they need to.

“We appreciate the input from tourism bodies, local government, community organisations and others in reaching this point, and look forward to delivering a short-term lets licensing scheme that works for Scotland.”

Further information on the Scottish Government’s short-term lets legislation is available online.

MSPs to examine use of emergency rule-making powers

The Scottish Parliament’s Delegated Powers and Law Reform Committee is beginning an inquiry looking at the Scottish Government’s use of emergency regulation making powers.

The regulation making power, known as the ‘made affirmative procedure’, has been used over 100 times by the Scottish Government since the start of the pandemic. While the legal mechanism existed before, it was only used a handful of times in a year.

The made affirmative procedure means that legal changes come into force before MSPs have a chance to look at or vote on them, allowing the Government to act quickly. The Parliament does however need to approve the changes within 28 days for the law to stay in force.

The Parliament gave the Scottish Government more ability to use these powers in the Coronavirus Acts, originally passed in April and May 2020. The UK Coronavirus Act also allows for the procedure to be used in the UK Parliament and devolved legislatures.

The committee hopes to help the Parliament ensure an appropriate balance between flexibility for the Government in responding to an emergency situation while still ensuring proper parliamentary scrutiny and oversight.

Committee Convener, Stuart McMillan MSP, said: “There are good public health reasons to ensure the Scottish Government can act quickly to keep people safe. The Committee recognises that use of the made affirmative procedure has allowed the Scottish Government to respond quickly to the many challenges presented by the pandemic.

“But our Committee wants to ensure the power to do so is used appropriately and necessarily.

“Whenever possible, MSPs should have proper opportunities for oversight, and the public have opportunities to engage and comment on proposals before they come into force. This is a cornerstone of our democracy in Scotland.

“We will consider how the power is currently being used by the Scottish Government and make any recommendations for changes we find necessary.”