I am grateful for what I think was an intervention on me. It is a considerable achievement for the hon. Gentleman to introduce the Bill, and his energy and dedication are to be commended.
The case for amending the Act is, we think, persuasive. Since the legislation was passed, there has been disagreement and conflicting case law concerning the interpretation of section 2(2), and in particular section 2(2)(b), both as concerns the purpose of the first phrase,"““the likelihood of the damage or of its being severe””,"
and the meaning of the last,"““except at particular times or in particular circumstances””."
The result of that confusion over the meaning of the wording has been general uncertainty and, following the apparent extension of the scope of strict liability to animal owners in respect of the Mirvahedy case, which we have heard about, growing concern that anyone who owns an animal—a dog, a horse, a cow or a goat—could face unlimited liability for events that they had no control over and, indeed, did not even know had occurred.
The Government have long understood the concern felt by animal owners and their representative bodies, such as the CLA and BHS, which have campaigned vigorously for a change in the law. The question whether the 1971 Act could be amended was reflected in ““Strategy for the Horse Industry in England and Wales””, which the Government were delighted to produce in conjunction with the British Horse Industry Confederation in 2005. Passing the Bill would be another achievement in the pursuit of that strategy.
As Minister for the horse industry, I would be pleased with that result, but I must stress that the Government's primary objective in the matter is clarification of the law, not the possibility of reduced insurance premiums for animal owners and equestrian businesses. I appreciate that that is a slightly different representation of priorities from that expressed by the hon. Gentleman and others today, but I do not think that we are in any way at odds with the outcome that we all wish to achieve.
Animals Act 1971 (Amendment) Bill
Proceeding contribution from
Jonathan Shaw
(Labour)
in the House of Commons on Friday, 14 March 2008.
It occurred during Debate on bills on Animals Act 1971 (Amendment) Bill.
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473 c537-8 
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2007-08
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