RSPCA's right of reply to ''The zeal of the RSPCA'

The case he identified was brought by a local authority and involved offences under the Welfare of Animals (Transport) (England) Order 2006 (WATEO). The RSPCA did not bring a single prosecution under WATEO in 2014. 

His claim that the RSPCA applied pressure to the local authority prosecutor in this case is completely without foundation. He criticises the RSPCA’s actions at Ramsgate port, where the Animal Health and Veterinary Laboratories Agency (AHVLA), an executive agency sponsored by the Department for Environment, Food and Rural Affairs, was carrying out spot-check inspections of animal transport vehicles on 12 September 2012. 

During the inspection, AHVLA identified two animals with limbs trapped between the deck floor and shell of one of the transporters, which had fully adjustable decks. In one instance, a crowbar had to be used to lever the deck away from the shell of the vehicle to release a trapped animal that was later euthanised. Later during the inspection, a number of other animals were observed with limbs between the deck floor and the shell of the vehicle, representing a risk of injury to the animals in transit. 

AHVLA’s official report of events on that day records that: 

• It was AHVLA’s decision to unload the sheep at the lorry wash;

• As the sheep were unloaded, a number of them exhibited signs of lameness; 

• Veterinary surgeons determined that a number of sheep were not fit to transport and would need to be euthanised on site; and 

• The euthanasia was carried out by the RSPCA under veterinary supervision and assisted by AHVLA officers.

Kirwan raises wider questions about the RSPCA’s enforcement role as a private charity with purposes to prevent or suppress cruelty to animals.

The RSPCA principally prosecutes offences under the Animal Welfare Act 2006 and decisions to prosecute are made with regard to the guidance ?in the Code for Crown Prosecutors. Last year, the RSPCA commissioned Stephen Wooler, former chief inspector of the Crown Prosecution Service Inspectorate, to conduct a full review into the RSPCA’s prosecution activity. His review was published last October ?and included an examination ?of how the ‘Philips principle’ is addressed within the RSPCA. 

While Wooler recommended changes to several aspects of the RSPCA’s enforcement work, he concluded that ‘there is no other body which could take ?on the RSPCA’s current role ?and its contribution in terms of expertise and resources is huge? it is simply too valuable to be lost. In doing so, it is both furthering the rule of law and fulfilling parliament’s intent ?that animal protection legislation should be effectively implemented.’ His words ?echo those of the RSPCA’s founding father, Richard ?Martin, who said in 1822 that ?‘if legislation to protect animals is to be effective, it must be adequately enforced.’

Ray Goodfellow is chief legal officer at the RSPCA @RSPCA_official www.rspca.org.uk