Animals Act 1971 (Amendment) Bill

According to the 1967 Law Commission report that informed the drafting of the 1971 Act, it was never the Act's intention that strict liability should apply in all those cases. The Act sought to define a range of criteria where strict liability should be applied. If it was the Act's intention that strict liability should apply in all cases, why would section 2(2) exist? None of us wishes to prevent irresponsible keepers of animals from being forced to face the consequences of their actions, and it is important that victims in such cases should enjoy the full force of law in pursuing their claims. Responsible animal owners would, however, be encouraged to take out third party insurance, but would not face liability for genuine accidents. Keepers of dangerous animals would also quite reasonably continue to be strictly liable. That would be closer to the original intentions of the 1971 Act. The very fact that the Act requires each of the requirements in section 2(2) to be cumulatively satisfied before the keeper will come under strict liability proves those intentions. Had Parliament wanted to extend strict liability to all keepers of animals, it would not have needed so many requirements and section 2(2)(b) would have been entirely unnecessary. Had the creators of the Act meant to impose strict liability on the keeper of an animal that did not belong to a dangerous species for any damage caused by any dangerous propensity of that animal, they could have simply had the one requirement in the Act for strict liability, namely that of the keeper's knowledge of the dangerous propensity. However, that is not the case. The Bill will be of great benefit to many people, particularly those involved in the land-based and equestrian businesses that make such a vital contribution to the UK economy. They will benefit from the greater certainty achieved by my Bill and should see fewer court cases and, I hope, reduced insurance premiums. There would also be broader benefits for the countryside and for people everywhere, with more people able to experience the pleasures of riding. The Ramblers Association, which represents not animal owners but the interests of people who want to walk in the countryside and might be victims, tells me that the Bill would have wider benefits because more riders means more people who are interested in protecting and extending the public rights of way network. In addition, reduced insurance premiums might encourage landowners to offer more access to the public.