Tortoise latest - are we nearly there yet?
Mr Cameron repeats the line which Defra has been telling me forever - that responsibility for all the definitions and interpretations of the 1981 Zoo Licensing Act rest with the local authority. Increasingly, I detect signs that Cornwall Council is seeking to hide behind its expert advice. So I phoned the principal expert, , a veterinary consultant. He confirmed that he sent the council a "mind map" which probably led to its current interpretation of the law. Like the council, he believes the legislation is flawed. But he was very interested to hear about David Cameron's letter, so I've sent him a copy.
I don't know if the Prime Minister is an expert on wildlife law or not. Probably not. But he is the Prime Minister. Incidentally, the council is due any day now to answer my Freedom of Information question about how much officer-time (and therefore cost to the public) has been spent in pursuit of Sticker's tortoises.
STOP PRESS: Peter Scott emails to say that the Prime Minister is not necessarily giving Cornwall Council the green light to interpret the legislation at it sees fit. He says Mr Cameron's observations are "not the same as interpreting whether its a zoo, or what is domesticated. The LA decide based on the legal definitions or guidance. A tortoise is clearly a wild animal, yes - often kept domestically. This is supported by the fact that many need registration under CITES - which domesticated species do not." He goes on to say: "My advice is register as a zoo and stop trying to fudge the definition because they are a worthy cause - which nobody disputes."
STOP STOP PRESS: Defra emails with admiral brevity (and clarity?): ""Local councils are responsible for administering the Zoo Licensing Act 1981 and for interpreting its provisions."
STOP STOP STOP PRESS: It seems this hare got running (see what I did there?) when the campaign group lodged a formal complaint about the tortoise sanctuary with the council. I hope to get Born Free on ´óÏó´«Ã½ Radio Cornwall in the next few days.
Comment number 1.
At 7th Sep 2011, Phil wrote:Graham, are you getting your principles mixed up?
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Comment number 2.
At 7th Sep 2011, Graham Smith wrote:The principal fault of former grammar school boys like me is that we all did maths and physics - and no grammar. Thanks, Phil, for pointing it out!
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Comment number 3.
At 7th Sep 2011, m4xp0wer wrote:Cornwall Council's interpretation is a disgrace. Yet again they refuse to represent popular opinion and pure common sense or "reasonable man's" view. Their stance flies in the face of what they're professing to protect. Defra applies a veneer of official regulation whilst in actuality, the abuse of animals continue, and perversely, we have the persecution of a lady whose actions for the welfare of animals has never been in question. Ironically, 2 weeks ago, defra lost its power to prosecute after refusing to prosecute the owners of an abattoir where torture of the animals to be slaughtered was filmed. Perhaps they were too busy cosying up to their mates in the meat industry. It makes me wonder what problem people have with the phrase 'animal welfare'
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Comment number 4.
At 7th Sep 2011, m4xp0wer wrote:...and btw, please support CCTV for slaughterhouses as we can't rely on Defra, thanks
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Comment number 5.
At 10th Sep 2011, Cornwalls Voice for Animals wrote:A sanctuary firstly is not a zoo. This whole mess seems to me like one personal vendetta gone to the extreme - that is for the tortoises as they are the ones who are going to suffer at the end of the day because of it. The Tortoise Garden takes in tortoises from all kinds of sources, from customs when tortoises are seized at the airport from people trying to bring them in illegally. From the RSPCA and from people who have grown with tortoises all their lives and are unable to care for them any longer. Tortoises have been domesticated pets here in the UK for HOW LONG ?! And how many people as children were given tortoises - you could buy them for next to nothing in pet shops ! Thankfully things have progressed a little since those days. Since when is a sanctuary classified as a zoo ? When I was in Germany I went to a wild life part. There they have all kinds of animals, including tortoises and guess what ? DARTMOOR PONIES. That facility was a zoo but there were our very own ponies. Does that make them wild animals ? Obviously not but they did live among wild species from all over the world. You will not find any wolves, bears, raccoons, moose, at the Tortoise Garden. A dog or two, a cat or two and lots of wonderful tortoises that came to them from all walks of life and for many reasons. If one cares to look this up, there are a number of species of tortoises that are classified as domestic here in the UK. This covers the vast majority of what you will find in the tortoise garden. It is time that Cornwall Council just left the situation alone and let the Tortoise Garden get on with the amazing work that they are doing. They bring help to those who have no other place to turn. They are providing a service, a volunteer service as they will never turn away any sick or injured tortoise - or say no to an old person who has had their tortoise most of their adult life, and need to know that their little companion will be safe and cared for when they are no longer here. We have had two such tortoises brought to and left to us, one 94 and the other at least 116 that we know of for sure. They were a handfull, they are not easy to care for so thank goodness for such wonderful people who have opened up their home, their hearts and their life to caring for these amazing animals. They should be supported as they are doing a service that not many do in this country or have the hands on experience to even attempt it !
So leave them be. Leave them to continue on doing what they do so well for a species and for the people who care about their well being. Tell the council to get tough on people who are using and abusing animals and stop wasting our tax money. In this day and age when people are diplacing so many of their pets because they can no longer afford to care for them - it would be nice to see our councils helping the small sanctuaries instead of putting so much time, energy and money into closing them down.
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Comment number 6.
At 12th Sep 2011, coastalwasp wrote:I have made the same request as you under the FOI act. I have also asked for minutes of any meetings where TTG was discussed, plus correspondence between the woman orchestrating the bullying and her boss ( he was willing to drop the matter, but she insisted on pressing ahead, some boss, eh?) Are you going to post the results of your request when you receive it on your blog?
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