# Codes of practice



## TSKA Rory Matier (May 27, 2007)

Well we can not but help ask ourselves in recent times, where in hell are the codes of practice?

The codes of practice are to be seen as our defence against the likes of the RSPCA's Duty of Care. 

With out the codes of P available to hand, l feel 'in my opinion' we may well be at the mercy of the RSPCA's duty of care.

What are your views on the codes of practice?

What are you expecting from them?

The AWA came into being this year after years of consultation, it came into fruition, the RSPCA's D.O.C is around with its five 'duties', and yet we still have not seen our own C.O.P's , it does make you wonder what would happen if our cop's were not to appear at all?

Rory
PKL/PKA


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## TSKA Rory Matier (May 27, 2007)

What l consider slightly worrying is this thread.

Codes of Practice where are they?

That no body has responded to and has so few viewings.

Is it because readers do not care, or because the readership does not understand the implications behind it?

Lest us not forget this:

http://www.defra.gov.uk/animalh/welfare/act/affect.htm

And still to come the Secondary legislation and of the C.O.P.s:

Pro Keepers' Lobby: 'Left Wing Right Politics' -- Home to Pro Keepers' Alliance

So what is a Code of Practice?

*What is a code of practice? *

The Animal Welfare Act 2006 allows the government to issue and from time to time revise codes of practice. 

The main purpose of these codes is to give practical advice to owners and others responsible for animals on how they can ensure that their animals’ welfare needs are met. Welfare codes for farmed animals have been in existence for some years and the Act will allow these to be issued for companion animals too. 

Failure to comply with a code will not be an offence in itself. However, whether or not a person complied with a code could be used as evidence in court if a prosecution is taken.

The government has made a commitment to produce certain general codes that will provide guidance on the keeping of certain species, such as dogs, cats and primates. Codes will also be produced to give more detail to other secondary legislation such as the sale of pets and the welfare of racing greyhounds. Other codes will be issued as and when necessary bearing in mind that a good deal of guidance is already available to animal owners from specialist clubs and animal welfare bodies such as the RSPCA.
All codes of practice issued by government will be subject to public consultation and parliamentary approval. 

It is the highlighted part that is most worrying!

Proposed COPs are due out, but there is talk they may not appear for some time, why then is this worrying?

Well because the RSPCA have of course their five freedoms on which their Duty of Care/Code of practice would be based:

*Freedom from hunger and thirst
*by ready access to fresh water and a diet to maintain full health and vigour.

*Freedom from discomfort*
by providing an appropriate environment including shelter and a comfortable resting area.

*Freedom from pain, injury or disease*
by prevention or rapid diagnosis and treatment.

*Freedom to express normal behaviour*
by providing sufficient space, proper facilities and company of the animal's own kind.

*Freedom from fear and distress*
by ensuring conditions and care which avoid mental suffering.

Now these in themselves are fair, but as someone has already pointed out tonight in another thread.....it is down to the RSPCA's logic and of course interpretation of the law or codes that will make or break a case.

But what happens if the rumour mill is true and the proposed codes do not appear, what then?

What defence do we have?

So the templates for the codes of practice are laid out to the Duty of Care:

*What does the ‘duty of care’ mean?*

“Duty of care” is a legal phrase which means that someone has an obligation to do something. Prior to the Animal Welfare Act 2006, people only had a duty to ensure that an animal didn’t suffer unnecessarily. The new Act keeps this duty but also imposes a broader duty of care on anyone responsible for an animal to take reasonable steps to ensure that the animal’s needs are met. This means that a person has to look after the animal’s welfare as well as ensure that it does not suffer. The Act says that an animal’s welfare needs include:

a suitable environment (how it is housed);
a suitable diet (what it eats and drinks);
the ability to exhibit normal behaviour patterns;
any need it has to be housed with, or apart from, other animals; and
protection from pain, suffering, injury and disease.
*So whilst it is not an obligation to follow the issued code of conduct and the issued code is to act as a guidance only, it would mean that if a keeper worked to their own code of conduct, and they found themselves in court, their own code of conduct which may be preferred in use by the keeper as superior to that of the issued code could well be used as evidence against them. In layman term this would mean that the keeper would have to legally justify their use of their code rather than an issued code.*

So, okay, not so bad, BUT, keepers would still have to be working to a template code of practice and for that to work, the pro keeping side would have to draw up their own codes of practice, which would be used in defence against the likes of the RSPCA, but, if they are not there, then what?

With legal aid in the closing stages, how many court cases could the RSPCA win against keepers whom were not following a 'suitable cop?'

We should be asking DEFRA where the hell are the codes of practice?

And don't be put off by the '2008' banner for these, if this was the case, they should be in consultation now, and sadly they are not.

Makes you wonder?

And if it doesn't well then you bloody well should be.

Rory Matier
pro Keepers Lobby​


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## purejurrasic (Mar 18, 2006)

Very valid points

I was under the impression EIG was tasked with this huge undertaking, and that they are currently trying to get together with other interested parties to arrive at workable codes.

TBH, no point looking to our hobby, those bodies who do have codes seem to only use them when they want !!


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