This is a Government bill
The Bill became an Act on 21 July 2020
This Bill was passed and is now an Act of the Scottish Parliament.
The Bill amends various animal welfare and wildlife crime legislation.
It aims to increase penalties for serious animal welfare and health offences. It will also increase penalties for wildlife crime.
It will:
Inspectors and constables will be able to act on animal welfare issues. An offence does not need to have taken place. They will not need to wait for a court order. This will allow them to ease the suffering of animals.
This means they can:
In recent years there have been some extreme animal cruelty cases which have caused public upset. The public support the courts having more options to make the punishment fit the crime.
Fixed penalty notices can deal with minor animal welfare offences. These are quicker and less costly to administer than going to court. This could also be a deterrent against committing these crimes.
Sometimes animal inspectors/constables need to remove an animal to protect their welfare. They will not need court permission to remove an animal. This avoids delays which could affect the welfare of these animals.
Anyone who injures a service animal will be accountable for their actions. This follows a campaign called Finn's Law.
Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill as introduced (296KB, pdf) posted 02 October 2019
Explanatory Notes (380KB, pdf) posted 02 October 2019
Policy Memorandum (794KB, pdf) posted 02 October 2019
Financial Memorandum (596KB, pdf) posted 02 October 2019
Delegated Powers Memorandum (188KB, pdf) posted 03 October 2019
Statements on legislative competence (68KB, pdf) posted 02 October 2019
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill SPICe briefing
The Bill was introduced on 30 September 2019
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Environment, Climate Change and Land Reform Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The consultation closed on 12 November 2019.
A Stage 1 debate took place on 12 March 2020 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 12 March 2020
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting that will be held on 26 May 2020:
First Marshalled List of Amendments for Stage 2 (189KB, pdf) posted 19 May 2020
Correction Slip to the Marshalled List of Amendments for Stage 2 (110KB, pdf) posted 21 May 2020
First Groupings of Amendments for Stage 2 (196KB, pdf) posted 19 May 2020
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
Revised Explanatory Notes (237KB, pdf) posted 10 June 2020
Supplementary Financial Memorandum (112KB, pdf) posted 05 June 2020
Supplementary Delegated Powers Memorandum (203KB, pdf) posted 09 June 2020
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 26 May 2020
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting on 17 June 2020:
First Marshalled List of Amendments for Stage 3 (186KB, pdf) posted 11 June 2020
Timed Groupings of Amendments for Stage 3 (232KB, pdf) posted 16 June 2020
Supplement to the First Marshalled List of Amendments for Stage 3 (162KB, pdf) posted 15 June 2020
Second Supplement to the First Marshalled List of Amendments for Stage 3 (170KB, pdf) posted 16 June 2020
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 74 for, 0 against, 0 abstained, 55 did not vote Vote Passed
See further details of the motion
See further details of the motion
The Bill ended Stage 3 on 17 June 2020
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act become law on different dates.
This Bill was passed on 17 June 2020 and became an Act on 21 July 2020.
Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020