Countryside Alliance - love the countryside

The Private Members’ Bill was introduced by Stephen Crabb MP to clarify the Animals Act 1971 and limit liability for damage caused by non dangerous animals such as cattle and horses.  Strict liability for genuinely dangerous animals, for example large cats or venomous snakes, kept as pets would remain.

Jonathan Shaw said in today’s debate: “We are pleased, as a Government, to confirm our support for the Bill”, and that, “The case for amending the Act is, we believe, persuasive”.

Simon Hart, Chief Executive of the Countryside Alliance, said: “This Bill addressed an inherent unfairness in the 1971 Act and would have provided important legal clarification for animal owners.  Whilst it is very disappointing that the Bill has failed at this stage, the Minister’s support suggests that this is an issue that must be revisited at the earliest possible moment. 

“The current situation when livestock farmers, keepers of animals and riding schools can be sued for accidents over which they have no control is blatantly unfair.  This Bill will encourage responsibility on the part of keepers and boost rural businesses.

“If the case for amending the Act is persuasive, then the Act obviously needs to be amended as soon as possible.”

Ends…

Notes to Editors:

• Since the Animals Act 1971 was passed, there has been disagreement and conflicting case law concerning strict liability for damage caused by non dangerous animals. The House of Lords, in the case of Mirvahedy v Henley [2003] UKHL 16, decided that Dr and Mrs Henley, although not negligent in any way, were still liable to Mr Mirvahedy under the provisions of the Animals Act 1971. The Lords ruled that under the 1971 Act strict liability applies to the keeper of non dangerous animals that cause harm. In effect, a person who keeps animals can potentially be held liable for damage caused by that animal that he could not have predicted and that he had taken reasonable precautions to avoid.  Lord Nicholls said: “Unfortunately, the language of Section 2(2) is itself opaque. In this instance the parliamentary draftsman’s zeal for brevity has led to obscurity.”

• The uncertainty over the interpretation of the 1971 Act has helped cause insurance premiums to soar and has made obtaining insurance harder. The current law encourages the compensation culture and has had serious economic consequences for all livestock owners, and in particular the equine industry.

• The equine sector makes a hugely important contribution to the economy not only of rural communities but to the country as a whole, making a gross output of £3.4 billion per annum.

• Riding is important in terms of its contribution to the fabric of rural communities and as a source of leisure.  It is estimated that more than 2.4 million people ride, with 5 million people having an active interest in the industry.