Petition Give power to the JSPCA to be able to protect/remove abused animals.

I strongly feel the JSPCA should be given the powers to remove any animal at risk of harm in an unstable or toxic environment. All animal shelters in the UK have the rights to remove any animal abused/starved etc from it's home so should the JSPCA

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1,046 signatures

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Ministers responded

This response was given on 29 July 2022

The JSPCA does not wish to have the powers suggested by the petitioner; such powers can already be exercised by the States Vet accompanied by police officers

Officers from Natural Environment have discussed this petition with the JSPCA and it is clear, as noted in a media article in which it is quoted (see below), that the JSPCA does not wish to have such powers, preferring that the States Vet or the Police take responsibility for such action.
The Jersey Evening Post of 28 June 2022 reported a statement from the JSPCA which said: ‘The JSPCA is a small, self-funding charity without any government financial support and does not have the resources or funding for a team of investigators and inspectors to carry out this work. We believe this responsibility should sit with the States vet and States police.’
It added: ‘The JSPCA responds to welfare concerns regarding domestic animals and escalates these to the States vet or States police as required. We would welcome dialogue with the incoming States vet and States police to assist with pursuing cases of concern going forward.’
Current arrangements in Jersey are set out in the Animal Welfare (Jersey) Law 2004 Animal Welfare (Jersey) Law 2004 (jerseylaw.je). If there is deemed to be sufficient evidence that an offence has been or is being committed, a police officer and the States Veterinary Officer or an Inspector can together enter a premises or dwelling to which a licence (or application for a licence) relates, for example, dog kennel outbuildings if they belong to a licenced boarding kennel business, a field of dairy cows, or dog grooming business licenced to be set up in a person’s lounge. They would still need a warrant to seize a suffering animal in licenced premises. Even if they are invited into a private dwelling, a warrant is still required to seize an animal. However, in some cases, the person may willingly consent to hand the animal over without a warrant needing to be served.
In England, RSPCA inspectors or police officers may take steps to alleviate suffering if they reasonably believe that a protected animal is suffering. They may enter premises for the purpose of searching for a protected animal (for example, dog kennel outbuildings, open field or the garden) and seize an animal if they think it’s suffering, but they are unable to enter a private dwelling without a warrant. If they are invited into a private dwelling, they do not need a warrant to seize a suffering animal. The same applies for an SSPCA inspector in Scotland.
Historic evidence from the States Vet attending animal welfare reports show many have not been founded, with no evidence of crimes being committed. Officers also receive reports from many anonymous callers making investigations difficult and, in some cases, officers are required to seek legal advice.
As alluded to in the newspaper article, Natural Environment is seeking to supplement the veterinary section and I would gladly discuss with our officers how they and colleagues in our Regulation section at Infrastructure, Housing and Environment might work together in future to further ensure that appropriate protection is given to animals at risk of harm.

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