Draft Animal Welfare (Jersey) Law 202- (P.97/2025) – Children’s Rights Impact Assessment

1)  Name and brief description of the proposed decision

The subject of your CRIA may be a proposed law, policy or proposition and in accordance with the Law is referred to in this template as the decision'

• What is the problem or issue the decision is trying to address?

• Do children experience this problem differently from adults?

The new animal welfare law was drafted to replace the current Animal Welfare (Jersey) Law 2004. The 2004 law is now outdated and does not reflect current international requirements.

The objective was to create a law that is proactive and can act as a prevention for animal welfare issues instead of purely act after a negative outcome has taken place.

The idea is that the law sits at the top and allows for more specific orders to be created to deal with specific subjects for example licencing, prohibited procedures, authorised procedures, import restrictions, etc.

Animal welfare evidence, best practise and scientific advice is changing all the time and if we want Jersey to be an example with regards to animal welfare, we need to be able to implement legislation swiftly, always within scope of the animal welfare law, and always with the best interest of animals in Jersey.

We have no reason to believe that the new law will impact differently in children. The only mention to children refers to :

Definition on child: "child" means a person under 16 years old;

Article 4 "responsibility for animals" means, if the owner of the animal is a child, the child's parent or guardian.

Article 10 "Offences relating to the transfer of animals by way of sale or prize" It shall no longer be permissible to sell an animal to a person under 16 unless in specific limited circumstances. Whilst it may be rare for an animal to be a prize, for example in a draw, this act will now no longer be allowed

The law tries to protect children from legal implications of owning an animal.

2)  Which groups of children and young people are likely to be affected?

Groups of children could include early years, primary or secondary education; young adults; children with additional learning needs; disabled children; children living in poverty; children from particular ethnic backgrounds; migrants; refugees; care experienced children and LGBTQ+ children

The only children potentially affected would be children that own animals. But the law purely states that in those cases the parent or guardian is responsible.

3)  What is the likely impact of the proposed decision on children and on their rights?

• Identify any potential positive OR negative impacts and include indirect impacts on children and their rights as described in the UNCRC

• Will different groups of children be affected differently by this decision?

Positive impact as the law confirms on Article 4 "responsibility for animals" means, if the owner of the animal is a child, the child's parent or guardian.

No

4)  Is a full Children's Rights Impact Assessment required?

If you have identified impacts on children and their rights, a full CRIA should be completed. If no impacts are identified then a Full CRIA is not required, but please explain your rationale and how you reached this conclusion

We have not identified a negative impact of children's or children's rights by implementing the new animal welfare law. The new law confirms on Article 4 "responsibility for animals" means, if the owner of the animal is a child, the child's parent or guardian

10 Offences relating to the transfer of animals by way of sale or prize  

1. A person commits an offence if they sell an animal to another person and they know, or have reasonable cause to believe, that other person is a child.
2. But a person does not commit an offence under paragraph (1) if –

1. they have care and control of the child and they agree to be responsible for the animal;
2. there is another person present when the animal is sold to a child and that person agrees to be responsible for the animal; or
3. there is another person who is not present when the animal is sold to a child but whom the person transferring the animal knows or has reasonable cause to believe agrees to be responsible for the animal.

According to the new law children can still be given animals and the child's parent, or guardian will be responsible for the animal.

We don't consider a full CRIA is necessary in this case.