Conservative MS Samuel Kurtz speaking in the Senedd
Conservative MS Samuel Kurtz speaking in the Senedd

A Conservative MS led a debate calling for more powers for the RSPCA with the aim of better protecting animal welfare in Wales. 

Samuel Kurtz, who represents Carmarthen West and South Pembrokeshire, told the Senedd that RSPCA inspectors undertake vital duties with no legal powers.

The shadow rural affairs minister said the charity responded to more than 4,900 animal cruelty and neglect cases in the year to October.

Mr Kurtz explained that RSPCA inspectors do not have the same powers as councils under the Animal Welfare Act 2006.

He said they cannot enter outbuildings without a police warrant, seize animals or issue a statutory improvement or welfare notice under the Act.

‘Cruelty’

Mr Kurtz told the Senedd: “Whilst the RSPCA are able to attend complaints of animal cruelty that have been submitted to them by the public, they cannot remove animals in distress without the owners’ permission or a police warrant. 

“This current reliance on statutory public services, such as the police and local authorities, places additional pressure on their already stretched resources, whilst also leaving animals in vital need of rescue in limbo and potentially under cruel conditions for longer.”

He added that the powers would bring the RSPCA in Wales in line with other organisations such as the Scottish Society for the Prevention of Cruelty to Animals and the Irish Society for the Prevention of Cruelty to Animals.

Mr Kurtz said the workload of Wales’ 22 councils in terms of animal welfare duties is expected to grow in the near future, with the Welsh Government expected to consult on regulations before the end of the year.

He told MSs: “Formalising the RSPCA’s role in this capacity could allow more time for local authorities to focus on the licensing of animal sanctuaries, rescue and rehoming centres, and mobile animal exhibits, following the outcome of this consultation.”

Dangerous dogs

Mr Kurtz warned the American XL Bully ban – the first time a breed has been added to the Dangerous Dogs Act since 1991 – will have an unprecedented impact on councils.

What is the Dangerous Dogs Act?

The 1991 Dangerous Dog Act is a set of laws that limits the public to what breed of dog they can and can’t own, as well as outlining their responsibilities as owners, in keeping control of potentially dangerous dogs.

The list of prohibited dogs are:

  • Pit Bull Terrier
  • Japanese Tosa
  • Dogo Argentino
  • Fila Brasileiro

In 2014, an amendment was made to the act which extended it to cover private property. Prior to this, the Act was only applicable to public spaces.

The punishment for owning any of the previously mentioned breeds varies from a £1,000 fine to six months’ imprisonment.

If any dog was to be the direct cause of loss of life and showed signs of being a ‘dangerous dog’ before the attack, the owner of such a dog could face up to 14 years’ imprisonment.

On deciding whether a dog was potentially dangerous or not prior to an attack, the court is asked to assess the temperament of the dog and also the owner’s ability to control such a dog.

According to figures from the Office for National Statistics, between 2000 and 2019, a total of 64 people in England and Wales lost their lives as a result of an attack by a dog.

He said: “It is more vital than ever that we seriously consider accepting help and advice from this experienced and accredited organisation in the form of statutory powers to enable the RSPCA to work with and alongside local authorities to keep animals safe.”

Carolyn Thomas, who represents North Wales, said: “The RSPCA has a tough job to do.

“In north Wales alone, they’ve received 1,800 calls in the past 12 months and most people don’t realise just how large an area inspectors have to cover.

“At times, only one inspector is available.”

The MS said the powers would mean animals receive help quicker and it would improve the ability of RSPCA inspectors to help more animals.

She added: “We also must look at the cost saving for North Wales Police and local authorities, who have to support the RSPCA inspectors to use any of these powers.”

Fellow Labour backbencher Huw Irranca-Davies, who represents Ogmore, urged the Welsh Government to press forward with the changes.

Response

Lesley Griffiths commended the RSPCA – which celebrates its 200th anniversary in 2024 – for its tireless efforts to protect animals.

The rural affairs minister said: “We have, unfortunately, witnessed a perfect storm of rises in pet ownership, particularly during Covid, accompanied by a cost-of-living crisis, which has sadly led to an increase in relinquishment and abandonment of pets.”

She told the Senedd animal neglect and abandonment has hit a three-year high in the UK.

Ms Griffiths acknowledged the benefits of the RSPCA being granted extra powers, saying: “When I’ve accompanied them on visits, I’ve witnessed first-hand the frustrations faced.”

The minister said she will revisit additional powers for the RSPCA once the Welsh Government’s 2021-26 animal welfare plan has been delivered.

During the short debate on Wednesday November 22, she said her counterparts in England share the same stance due to the complexities and costs involved.