Concerns Arise Regarding RSPCA Authority.
What could possibly be wrong with our nation of animal lovers when we fail to provide sufficient enforcement and protection of animal life?
In 2017 some sections of UK media reported, in their usual overstated style, that the RSPCA were in talks with police and government to gain legal powers under the Animal Welfare Act 2006 to enforce animal protection without police involvement. Many saw this idea as outlandish – fearing interference by animal-welfare activists into pursuits that cause pain to animals.
Under English Law, any individual or organization like the RSPCA has the power to bring an independent prosecution against those breaking laws.
MPs, Police Chiefs and Government were at one time all for dismantling these magical powers that simply do not exist; as English Law has long recognised that any individual or organisation can bring private prosecution against law-breakers under section 6(1) of the Prosecution of Offenses Act 1985 (POA 1985), so any attempt at disbanding RSPCA prosecutions would mean taking away these rights for all people and organizations involved – something which has now come true with RSPCA prosecutions against law-breakers being brought by all.
The National Police Chiefs’ Council wanted the RSPCA to “step back” and allow another government agency to assume prosecution duties, but eventually realized this decision would cost tax-payers too much in terms of extra costs incurred by private prosecution. Luckily for all concerned, however, the government chose to ignore their pleas because any individual can pursue private prosecutions instead of just the RSPCA; an alternative option would cost too much and put too much strain on budgetary resources.
Many institutions and organisations involved in perpetuating suffering are eager to join the rally against RSPCA because it gives them carte blanche to do what they wish without fear of investigation or sanction.
Simon Hart, UK Member of Parliament and former head of the Countryside Alliance – an organisation dedicated to blood sports – quickly stirred controversy by commenting: ‘The RSPCA should remain an animal welfare charity and this development is “appalling”.’
Tim Bonner, Chief Executive of this organisation noted, “Given its track record, this charity should never be given authority of this nature.
I find it extremely disappointing and upsetting that the RSPCA is constantly being maligned for their work due to misunderstood roles they fill, leading to unfair criticism of them as an organization. Being involved with law enforcement, I understand how difficult it can be helping animals with only one hand free while trying to be politically correct, facing unwarranted criticisms as part of your duty.
UK animal welfare laws fall far short of comparable countries’. Although in the UK there may be reservations over giving legal powers to organisations like RSPCA or Humane Society and SPCA officers in other nations such as USA, Australia or New Zealand there are no concerns over them wearing uniforms with police style authority.
New Zealand are well ahead of us when it comes to animal welfare laws, and Britain could learn much from them. Under their Animal Welfare Act 1999, only the New Zealand SPCA is granted permission as an “approved organization”, giving its 75 warranted Inspectors sole authority for investigations and prosecution; their law enforcement training equals that of police forces allowing them to issue fines and charge people directly.
They also run politically driven campaigns for law change – things anti-RSPCA lobbyists are keen to curtail in the UK. What animals abused by humans really benefit from, though, are protectors who fight exclusively for their interests; championing their cause while pushing and deciding to prosecute, without external influences influencing prosecution decisions.
Australian animal welfare law can be somewhat bewildering; each state has their own animal protection acts that are enforced by various state departments. With the exception of Northern Territory where State authorities investigate and prosecute animal cruelty offenders directly, SPCA inspectors in other states possess commendable powers such as entering property to seize animals and evidence without police involvement, issuing fines or warning notices, and prosecuting where applicable. Western Australia offers even greater flexibility as RSPCA staff, Department of parks and wildlife staff, police officers and local government officers all share powers to enforce state animal laws directly.
Many countries arm SPCA inspectors.
In the US, Humane Society and SPCA officers possess similar powers as police, with most being armed for protection purposes. Government animal control agencies as well as sheriff officers also possess these abilities while vets are encouraged to report instances of animal cruelty.
While working as a Humane Society inspector in the Bahamas, I also doubled as a Royal Bahamian police officer – this proved very handy whenever I required extra support, something which often happened!
The Federal Animal Welfare Act and related federal acts contain few anti-cruelty provisions; however, each State has their own anti-cruelty legislation. Since 2007, three-quarters of States have significantly strengthened protection laws; in addition, there appears to be increasing support for regard cruelty as a felony offense rather than misdemeanor crime.
What exactly is all the hubbub about? Misinformed critics still wish for an end to the RSPCA’s so-called ‘power of prosecution,’ but if you consider yourself an animal lover it’s about time we got behind them and joined other countries around the world who see no issue in doing things right. Without RSPCA no one would care as much about protecting our animal friends from cruelty; certainly not other charities who are too busy recycling unwanted pets!