Animal Welfare & Control Report (S.R.7/2026): response of the Minister for the Environment.
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DRAFT ANIMAL WELFARE & CONTROL REPORT.(S.R.7/2026): RESPONSE OF THE MINISTER FOR THE ENVIRONMENT
Ministerial Response to:
Ministerial Response required by:
Review title: Scrutiny Panel:
S.R.7/2026 17th April 2026
Animal Welfare & Control
Environment, Housing and Infrastructure Scrutiny Panel
FINDINGS
| Findings | Comments |
1 | Although the Draft Animal Welfare Law was developed over several years, the drafted legislative proposals were subject to only a three-week consultation period, which stakeholders considered too short and poorly timed. | All the responses we received arrived in the 3- week consultation period except for one and it was still considered. We continued to consider any responses received after the deadline until final draft concluded. For the Animal Health (Jersey) Law 2016, we also consulted for a 3-week period. We have engaged with scrutiny and stakeholders since the start of the process. Initial scrutiny briefing took place in July 2025. We have already started engaging with stakeholders and operational partners on proposed orders and we will continue to do so going forward. The objective is to work with people to ensure the legislation is understood and avoiding non compliances. |
2 | The principles of the Draft Animal Welfare Law represent a strongly supported and long-overdue modernisation of Jersey's animal welfare legislation. | Agreed that it's one of the main objectives for the change. We consider the new framework achieves modernisation and gives us tools for the future as well. |
3 | Evidence has shown that where responsibility for an animal is shared, the legal responsibilities in Article 4 of the Draft Animal Welfare Law may not be clearly understood in practice. | We believe the law is worded correctly and guidance will be provided. Responsibility for animals: The owner of the animal is always the person responsible for that animal: the reference to a person responsible for an animals applies to whether the person is permanently or temporally responsible, includes the person who is in charge |
| Findings | Comments |
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| of the animal at the time that is relevant and means if the owner of the animal is a child, the child's parent or guardian. The owner has due diligence to ensure the keeper is fit and proper to look after the animals. Ownership can be shared and each case is separate; the keeper may be partially or totally responsible for an animal under their care depending on the circumstances, case by case. Responsibility is not limited to the owner it applies to anyone who has custody or control of the animal. A person is responsible for an animal whether on a permanent or temporary basis. This means even short-term carers (e.g., pet sitters, loaners, friends looking after a pet) can be legally responsible. |
4 | The reforms contained in Parts 2 and 3 of the Draft Animal Welfare Law materially strengthen Jersey's animal welfare framework and provide the necessary tools to support a genuinely proactive approach to preventing animal suffering. | Agreed – these represents reasons why the legislation required an update. |
5 | The broadening of powers conferred to inspectors will allow for swifter, more targeted action in welfare incidents and is likely to reduce the need for police attendance where inspectors can now act independently. | Agreed however it is only on rare occasions that we have asked for police assistance and this may on some occasions be when we consider a police presence is necessary for officers' safety. We will still require assistance when executing a warrant. We usually contact police for support if we think we are going to encounter issues/be challenged or concerned for officers' safety. Or in case of obstruction. |
6 | The States of Jersey Police welcomed the widened enforcement powers but believe that clearer arrangements for determining lead-agency responsibility in animal welfare incidents are needed. | We will engage with the police forces ahead of implementation to ensure roles and responsibilities are understood and defined. |
| Findings | Comments |
7 | The Draft Animal Welfare Law introduces a two-tier penalties framework that differentiates between minor and major offences, replacing the single-level penalty structure under the 2004 Law. | We believe this is a fairer framework |
8 | The Draft Law increases the current maximum penalty of 12 months' imprisonment and a £10,000 fine to a potential 5-year sentence and higher fine, which the Minister acknowledged is "quite severe", but the Panel considers appropriate as maximum limits to be applied at the Court's discretion. | We think that the penalties and fines adopted in the law are appropriate and proportional. The intention of the relatively high penalties is to act as a deterrent. The objective is to prevent animal welfare issues. |
9 | The Order-making powers within the Draft Law are extremely broad, enabling significant elements of the regulatory framework to be created without consultation, Assembly debate or Scrutiny. The non-exhaustive list of proposed future Orders reinforces the open-ended nature of these powers. | The Minister needs the flexibility to act quickly in response to fast moving welfare issues and or changes. Including response to international trends and ensuring consistency with the UK, for many reasons including trade and non- commercial animal movements All Orders are tabled before the States Assembly so that States Members are aware of what Ministers have done. |
10 | Article 18 of the Draft Animal Welfare Law grants the Minister the ability to create licensing schemes for "any activity that requires a licence," which, as drafted, is significantly broader than the stated policy intention for this to apply only to commercial businesses. | We have rectified the confusion that arose during a scrutiny hearing – licensing may apply to individuals . Article 18 is broad to cover all eventualities and possible needs for the future. Intends to be flexible in response to trends and changes in risk. |
| Livestock worrying is regulated under the Dogs (Jersey) Law 1961 as a matter of dog behaviour control and public safety. Livestock straying, by contrast, is treated as an animal welfare issue under the Draft Animal Welfare Law, which the Minister explained was due to the direct risk of harm to the animals themselves. | Two different scenarios, by introducing PART 4 this gives powers to prevent livestock being injured as well as people and property damaged. Before we would get a call from the police about animals on the road asking for assistance, because they had no powers to deal with repeat breakouts onto roads, due to boundaries not being secure. |
| The Draft Animal Welfare Law introduces new offences where livestock keepers fail to take immediate action to secure straying | The offence is where a keeper "fails to co-operate with an inspector to remove the livestock to a safe place; or fails to take all reasonable steps to |
| Findings | Comments |
| animals or fail to comply with an improvement notice relating to boundary conditions, which have been misunderstood by stakeholders. | immediately secure the livestock in that public place". We hope now after the debate livestock keepers have a better understanding of the article. We will provide guidance to clarify. |
| Stakeholders expressed strong concern that the new straying livestock offences in the Draft Animal Welfare Law are disproportionate to the realities of farming in Jersey. | It is a question of responsibility. Enforcement will be proportional and will follow the 4 E's Engage, Explain, Encourage and Enforce. In the past Centeniers had expressed the lack of powers they had to prevent livestock straying on the roads. The measure is to prevent serious harm to livestock, people and property. Also straying refers to a public place which is defined as a public road and any other place open to the public that the Minister may by order prescribe. We had a considerable number of concerns regarding straying livestock including requests for support by parishes. |
| The Draft Animal Welfare Law places legal liability on the livestock keeper to comply with improvement notices relating to boundary deficiencies; however, in practice, responsibility for and control over boundary infrastructure does not always fall on the livestock keeper. | Livestock keepers have a responsibility to care for their animals. Livestock owners may wish to consider only renting land that is suitable for livestock and may wish to discuss any matters of concern with landowners before they enter into an agreement. |
| Stakeholder and enforcement evidence demonstrates that the current legislative framework for livestock worrying is unclear, difficult to enforce and insufficient to protect livestock, particularly in conservation grazing settings. | Dogs law 1961 has been successfully amended by Scrutiny in response to these concerns. |
| Animal control in Jersey is regulated through a range of independent legislative instruments and policy documents, which fall under the responsibility of three Ministerial portfolios and the Comité des Connétable s. | Animal control is mainly regulated by the dogs law, policing beaches and the parks regulations. The Animal welfare law main objective is ensuring animal welfare standards. |
| Jersey's animal-control legislation provides neither a statutory definition of "proper control" nor practical guidance on how animals should be | This sits with the dogs law and the new amendment addresses part of this when it refers to 5m (but only refers to agricultural land). |
| Findings | Comments |
| appropriately controlled in public spaces. |
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| Enforcement of animal control provisions is undertaken mostly by the Honorary Police, with the States of Jersey Police involvement contained to where criminal investigation is needed. | Not MENV legislation to comment. |
| Incidents of animal control are dealt with in the form of "words of advice" rather than formal enforcement, with Island animal-owners described as generally law-abiding and responsive to advice by the police. | Not MENV legislation to comment. |
| The statistics held by the States of Jersey Police do not provide a complete picture of animal-related incidents, as they do not include cases resolved informally by the Honorary Police. | We believe this is for the Police and Honorary Police to comment. |
| Dog-control issues largely arise from public confusion caused by inconsistent regulatory categories, unclear or insufficient signage, and a general lack of awareness about when and where dogs must be on leads. | Dogs law 1961 - Not MENV legislation to comment. |
| Public confusion and unclear responsibilities across and within the relevant agencies are causing mis-direction in the reporting and handling of animal welfare and control incidents. | We will liaise and work with police and charities to ensure correct advice is given, and appropriate communications are issued to ensure complaints or concerns are routed correctly. |
RECOMMENDATIONS
| Recommendations | To | Acce pt/ Reje ct | Comments | Target date of action/ completion |
1 | The Minister for the Environment should publish public-facing guidance for how the legal responsibility of an | MENV | Acce pt | Please see above | By date of impleme ntation |
| Recommendations | To | Acce pt/ Reje ct | Comments | Target date of action/ completion |
| animal is shared, particularly in professional or temporary care arrangements, within 3 months of the Draft Animal Welfare Law's commencement. |
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2 | The Minister for the Environment should publish internal guidance on agency responsibilities, information-sharing gateways, and contingency arrangements for out-of-hours inspector availability to the States Veterinary Office, the States of Jersey Police, and the Honorary Police under the new Animal Welfare Law, within one month of its commencement. | MENV | Acce pt | Out of hours arrangements are in place but will be re enforced and details re shared with relevant organisations, Data sharing procedures are also being reviewed where applicable. | By date of impleme ntation |
3 | When introducing any new licensing schemes by Regulation under Article 18 of the Draft Animal Welfare Law, the Minister for the Environment should ensure that all public communications and accompanying documentation are clear and consistent with the underlying policy intent. | MENV | Acce pt | Introducing is by order as per the new law. Communications and guidance will be in place to ensure understanding and ease of compliance. | As orders are drafted and ready for being shared publicly |
4 | The Minister for the Environment should ensure that operational guidance is provided to enforcement officers to | MENV | Acce pt | Guidance will be issued for enforcers regarding straying of livestock and shared with livestock owners. | within three months of the Draft |
| Recommendations | To | Acce pt/ Reje ct | Comments | Target date of action/ completion |
| support the implementation of Part 4 – Straying Livestock within three months of the Draft Animal Welfare Law's enactment, and that this guidance is prepared in consultation with the farming community. |
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| Animal Welfare Law's enactmen t |
5 | Within 6 months of the Panel's amendment to the Dogs Law being adopted, the Comité des Connétable s should conduct a public awareness campaign of the amendment and should advise livestock owners to install signage in grazing areas to ensure dog-owners understand when dogs must be kept on a lead and the consequences of failing to do so. | CdC |
| Not MENV legislation to comment |
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6 | The Comité des Connétable s should establish a shared reporting mechanism to capture all animal-related incidents attended to by the States of Jersey Police and Honorary Police, including those resolved informally, to support policy development and enforcement evaluation by June 2027. | CdC |
| Not MENV legislation to comment |
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7 | Before the end of the next term, the Comité des Connétable s should agree a definition of | CdC |
| Not MENV legislation to comment |
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| Recommendations | To | Acce pt/ Reje ct | Comments | Target date of action/ completion |
| "proper control" and amend the Dogs Law 1961 to align with the animal control provisions within the Policing Regulations. |
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8 | Before the end of the next term, the Comité des Connétable s should amend the Dogs Law 1961 to require that a dog must be kept under "proper control" by its owner or person in charge at all times appropriate to the public place it is in, with failure to do so constituting an offence with a penalty not exceeding Level 1 on the standard scale. | CdC |
| Not MENV legislation to comment |
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9 | The Comité des Connétable s, in partnership with the relevant Ministers, should undertake a coordinated review of the Policing of Roads, Parks and Beaches Regulations to identify any areas requiring further alignment across the wider animal-control framework. | CdC MINF MSED |
| Not MENV legislation to comment |
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10 | A single, accessible source of guidance on dog-control requirements across all public spaces should be developed collaboratively by the Comité des Connétable s and the Ministers responsible for the Policing Regulations and | CdC MINF MSED |
| Not MENV legislation to comment |
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| Recommendations | To | Acce pt/ Reje ct | Comments | Target date of action/ completion |
| published by 31st December 2027. |
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| The Minister for the Environment should conduct a public awareness campaign for the implementation of the Draft Animal Welfare Law highlighting which authority to contact for different types of animal welfare and control incidents | MENV | Acce pt | A public campaign will be conducted for the new animal welfare law including communications lines | By date of impleme ntation of the welfare law |