New law means Scotland now leads the way on animal welfare

THE vast majority of Scotland's farmers are highly conscious of the necessity of maintaining high standards of animal welfare. The fact is that, if their livestock is not properly looked after, profits slide down the drain. However, there is a very small minority who have, over the years, given the industry a bad name as a result of their ignorance and total disregard for the welfare of cattle, sheep, pigs and, occasionally, horses.

Last month, the Scottish Parliament passed a new bill which will update all the existing legislation dating back to 1912. That bill will receive the Royal Assent next month. The implications of this were discussed in some length at a conference in Edinburgh yesterday - Creature Comforts: Ensuring Animal Welfare.

Taking individuals to court is the last resort. Education and commonsense should prevail. That much was made clear by Mike Radford, a reader of law at Aberdeen University, who chaired the proceedings.

He said: "Success is not to be judged by the number of prosecutions, but rather in the manner in which legislation influences those who look after animals. This new law is only the beginning - there will be a considerable degree of secondary regulation. This is one of the successes of devolution and I think it is fair to say that Scotland is leading both England and Wales."

Ross Finnie, the minister for the environment and rural development, was in tune with that summation. He said: "There has been a huge amount of work devoted to this subject, with considerable input from a wide range of stakeholders. I remain firmly of the opinion that our standards are among the highest in the world."

Finnie concluded his address by quoting Mahatma Ghandi, the father of modern India: "The greatness of a nation and its moral progress can be judged by the way its animals are treated."

It was left to Charles Milne, the head of the state veterinary service in Scotland, to delve into the fine details of the legislation.

He said: "Over the years, the SVS and the Scottish Society for the Prevention of Cruelty to Animals have had to deal with some horrendous instances. In 1991 we had to cope with a farmer in Fife where there was huge suffering.

"He was subsequently prosecuted, jailed and banned for life from keeping animals. He got out of jail and began buying cattle and sheep again. That saw him back in court, but there was no further penalty imposed."

Milne illustrated his presentation with some simply horrific slides. But the redeeming factor is that the new legislation imposes a "duty of care" clause. This will allow the authorities to act in a pre-emptive manner. This, in plain terms, means that action can be taken before abuses get to the stage where suffering is evident.

Scottish farmers have the further obligation to comply with the strict conditions set out by Quality Meat Scotland. Farm assurance is as near as anything to a licence to farm. That concept was derided by many in its early days, but the bottom line is that unless producers adhere to the highest production standards, prices will be severely discounted.