In the vote on Thursday, the Government has obtained the necessary cross-party political support for the news Animal Welfare Law, Ley de Bienestar Animal, to be approved and be taken to the next stage before becoming legislation.
Even as late in the day as Wednesday, the Government were not sure if some of the smaller political groups would side with them, largely due to the exclusion of hunting dogs from the draft legislation, but in the vote on Thursday, thanks to the in extremis support of Esquerra Republicana, EH Bildu and CUP, the law has been approved with 174 votes in favour, 167 against and 7 abstentions while the change to the Penal Code has received 178 support, 165 votes against and 6 abstentions.
The vote was divided into two parts: the welfare law itself and a modification of the Penal Code that changes the penalties for some crimes involving animals. The coalition government had sufficient support from early on to get the first, which needed a simple majority (more in favour than against), but until the very moment of the vote, doubts remained about the second, which, being an organic standard, needed the absolute majority of the Chamber. Finally, the support of the PDeCat tipped the balance in favour.
The text to which the Lower House has given the green light contains the opinion issued by the Commission for Social Rights and Comprehensive Disability Policies in its session on January 18, with amendment 429 of the Popular Group that replaces “in the entire text, the nominal reference to the current Ministries, especially that of the Ministry of Social Rights and Agenda 2030, by that of the department with competences in the corresponding matter”. Six compromise amendments have also been incorporated.
This law is the second to be approved in the entire legislature and is the first of the government agreement between PSOE and Podemos, which increased the tension between the parties until the last moment. This law was born in the Ministry of Social Rights, which is directed by the general secretary of Podemos, Ione Belarra, so it was of vital importance for the minority partner of the coalition.
After its approval today, the bill is sent to the Senate, where it will follow the debate procedure in a paper, committee and plenary session. The Upper House may approve the text in its terms, amend it or approve a veto. In the case of the last two cases, the initiative will return to the Congress of Deputies for a final debate before its final approval.
For weeks, Podemos has maintained pressure against the PSOE to return hunting dogs to the protection guaranteed by the law as it came out of the Council of Ministers. The Socialists managed to include during the debate in the commission, thanks to the support of PP and Vox, an amendment in this sense that had escaped, in addition to the confederal space, important partners for the Government such as Esquerra Republicana, EH Bildu and Más País, all time that the Basque Nationalist Party has always been against the law considering that it invades regional powers.
Given the immobility of the PSOE, which has refused to open a negotiation on this issue in recent weeks, Podemos presented a compromise amendment this Wednesday at the last minute to return hunting dogs to the protection of the law, which was signed by the Basque and Catalan independentists as well as Junts y Más País. It was a double movement of the minority partner of the Government: on the one hand, to ensure that the text remained as it came out of the Council of Ministers and, on the other, to ensure support for the norm with the rapprochement of the majority of the so-called investiture bloc.
ERC and EH Bildu have changed their position at the last minute, arguing that an unambitious law is better than not having a law. “We still do not understand or share the exclusion that is made of hunting dogs, because most treat them well. Only the one who mistreats them should worry about it. We would like this law to apply equally to all animals (…). Despite the fact that important aspects are not included, we believe that this law is an advance”, defended the spokesman for EH Bildu Iñaki Ruiz de Pinedo from the rostrum. The deputy of Esquerra, Joan Capdevilla, lamented for his part that the law has been “punished” in the parliamentary process and has stated that it would even deserve a vote against, but, he has said, the priority of his group is to “advance in rights”. “It will not be for us that we give her the opportunity and we can put all our efforts to keep her alive, healthy and stronger,” she considered.
However, the law has not had the support of all the usual partners of the Government. Más País, which had already advanced that it would not support a law that would exclude hunting dogs, has maintained its position from the rostrum. Iñigo Errejón has defended that “all dogs deserve the same protection” and has considered that there can be no debate on whether “this law is better than nothing”. “It’s not that it falls short, it’s that it may be the beginning of a setback”, he has warned when considering that the norm protects animals less than some already existing in the autonomous communities. “This law cannot count on our support nor do we believe it can be called animal welfare,” he summarised.
The explanatory statement of the law approved this Thursday recalls that one in three Spanish homes lives with at least one pet. With this framework in mind, the regulation seeks, among other objectives, to combat abandonment, define the obligations of owners, control breeding andr supervise canine colonies.
A more comprehensive article will be published once the final version that will go to the Senate is published.
However, we do know that citizens will be obliged from now on to treat their animals according to their status as sentient beings. The standard includes a list of requirements that must be followed by those responsible for “companion and wild animals in captivity. Among other things, they must have adequate spaces in terms of size, naturalisation and environmental enrichment for their possession” and animals may not be left alone inside closed vehicles, exposed to thermal conditions or of any other nature that could endanger their lives. In addition, they must be provided with the necessary care to guarantee their health.
The law presents some prohibitions. Animals will not be allowed to be used in public shows or tourist or advertising artistic activities, which cause them anguish, pain or suffering, to beg, use them as advertising, or to use them as fighting animals.
The text that has come out of Congress and will now go to the Senate establishes the so-called ‘zero sacrifice’ which establishes some exceptions that will regulate the killing of these animals. “Their sacrifice, except for reasons of safety of people or animals or for the existence of a risk to public health duly justified by the competent authority”, the text includes. “Slaughter in animal protection centres, whether public or private, veterinary clinics and zoos in general, is expressly prohibited for economic reasons, overcrowding, lack of places, impossibility of finding an adopter within a certain period,” adds the law. “Euthanasia will only be justified under veterinary criteria and control with the sole purpose of avoiding suffering due to non-recoverable causes that seriously compromise the quality of life of the animal and as such must be accredited and certified by a collegiate veterinary professional”.
Beyond these points, the text includes a maximum period of four years for a list of species that may be acquired as pets to be drawn up, introduces a control of animal husbandry and includes the revocation of the norm that regulates the possession of these high-risk pets, among which are the Pitbull or rottweiler dog breeds.
Although, as we have said, we still have to wait for the final text to be published before definitively stating what elements will go through to the next stage, we do know what was originally included in the draft before Thursday’s debate and vote.
If we look at the text voted on, the most notable points are:
Prohibition of using any gadget, mechanism or utensil intended to limit or impede the mobility of an animal at a fixed point, except by veterinary prescription in response to its well-being.
Prohibition of habitually keeping dogs and cats on terraces, balconies, rooftops, storage rooms, basements, patios and similar or vehicles.
Leaving any companion animal unattended for more than three consecutive days; In the case of the canine species, this period may not exceed twenty-four consecutive hours.
Guarantee access to food and drink to animals that live in open spaces, as well as adequate hygienic-sanitary conditions.
Prohibition of the use of wild animals in circuses.
The use of animals in pilgrimages and holiday events is prohibited when excessive temperatures are identified and/or pyrotechnic elements are used.
Zero culling for dogs and cats across the country.
Ethical population control of feline colonies, which includes the mass sterilisation of cats.
The list of dog breeds classified as potentially dangerous disappears.
State Plan for Animal Protection with the creation of several state registries that were previously in the hands of each Autonomous Region without communication between them, such as those for the identification of companion animals, authorised kennels or those disqualified from owning animals.
Permanent institutions are created to elaborate diagnoses and execute measures to fight against animal abuse and abandonment throughout the country.
Prohibition of the commercialisation of dogs, cats and ferrets in pet shops, as well as their display and exposure to the public for commercial purposes. Dogs, cats and ferrets may only be sold from registered breeders.
Positive list of companion animals. Leave out invasive exotics, animals with special protection or animals that are poisonous or can create a problem for public safety.
Prohibition of the use of animals in fairground carousels.
Stop the breeding of individual animals. Adopt the necessary measures to avoid the uncontrolled reproduction of companion animals. Breeding may only be carried out by persons responsible for the activity of breeding companion animals registered as such in the corresponding registry.
Obligation to pass the training in responsible ownership regulated for each species of pet.
A provision has been added on the creation of a Great Apes Law, which reads as follows: “Within three months from the entry into force of this law, the Government shall submit a Great Apes Bill”.
