Archives for posts with tag: jaala pulford

The Victorian Farmers Federation (VFF) describes itself as “an active, powerful lobby group dedicated to the interests of farmers and making a difference to communities”.

On 5th January 2018, the organisation issued a statement in which it said it had “slammed” key aspects of the Victorian state government’s recently released animal welfare action plan.

In what he described as a “stern warning to government”, president David Jochinke condemned the proposal to introduce the concept of sentience to animal welfare legislation.

In its action plan, the government had described “sentience” as the notion that animals “experience feelings and emotions such as pleasure, comfort, discomfort, fear and pain”. Similarly, the Oxford dictionary defines the adjective “sentient” as “able to perceive or feel things“.

The government’s examples of pleasure and fear are psychological in nature, while comfort, discomfort and pain can be psychological and physical.

In condemning the government’s proposal, was Jochinke implying that animals do not experience physical and psychological pain?

Alternatively, was he implying that any pain they may experience does not matter?

Jochinke claimed the proposal would “introduce language into law that can be manipulated by animal extremists for their own purposes”.

It is easy to brand people as “extremists” when they act on the belief that animals have a right to live without being exploited by farmers and others.

Are those farmers not extreme when they harm animals? At the present time (as referred to in more detail below), they are permitted to perform acts that would be illegal if they involved a companion animal such as a dog or cat.

The “purposes” of so-called “animal extremists” generally involve protecting the interests of animals, unlike the profit motive, at animals’ expense, of most farmers.

Cartesian scientists and farmers

The term “Cartesian scientists” stems from the seventeenth century philosopher René Descartes, who argued that only humans have minds and therefore the ability to think. His followers took the argument to also mean that animals cannot feel.

In his book “Animals like us”, author Mark Rowlands wrote:

“If you were an animal in the seventeenth or eighteenth centuries, then one of the things you should have made a point of avoiding would be Cartesian scientists. If not, then, you could expect to find yourself nailed to a vivisection board, being slowly cut open. You would be conscious throughout. The Cartesian scientists did not take any steps to prevent your suffering or pain for one very simple reason: they did not believe you were capable of suffering or feeling pain.”

Like most of us, VFF and its members may be horrified by the actions of Cartesians, as described by Rowlands. However, routine actions of farmers at the current time, with the full support of the law, are also deplorable. Such actions are currently permitted by means of exemptions to the erroneously titled “Prevention of Cruelty to Animals Act”.

As I have stated elsewhere, the government continues to outrageously claim the exemptions do not permit cruelty to occur when, by their nature, they do.

Here are a few examples (generally performed without pain prevention or relief): hot-iron branding; tail docking; ear notching; teeth clipping; castration; dehorning; removal of toe segments; lifelong confinement indoors (often in cages); forced separation of mothers and babies; and forced breeding, often involving stimulation by humans, penetration with artificial devices, and ongoing confinement.

A key concern for farmers

In an article written for Stock and Land, VFF livestock president, Leonard Vallance, stated:

“The introduction of sentience into law will only provide a platform for the argument against the existence of farm animal production systems as has been exposed by extremists in Europe.”

If Vallance is seeking to indicate that horrific routine practices only occur overseas, then his claim is not valid. Such practices have been extensively exposed in Australia, with a prominent example being the Aussie Farms website.

Vallance’s concerns about a platform for arguments against farm animal production systems may be well founded. Legislation that acknowledged sentience and was claimed by its authors to promote care and respect of animals, while also allowing acts of cruelty, could be regarded as callous and contradictory.

There is no indication in the government’s action plan that it intends removing legislative exemptions. Indeed, the plan appears to strongly support the livestock sector.

Even where standards or codes of practice stipulate protective practices, they are often vague and therefore easy to overlook. For example, the Australian Animal Welfare Standards and Guidelines for Sheep specify that “sheep and lambs should be provided with adequate shelter”. They go on to say that, in the absence of natural protection, “consideration should be given” to the provision of shade, windbreaks or sheds.

Farmers may briefly consider such measures, without necessarily doing anything about them. It was estimated in 2012 that around 15 million lambs die each year in Australia within 48 hours of birth due to inadequate protection in bitterly cold conditions.

VFF vice president creates a new word

The VFF’s vice president, Brett Hosking, recently released a video on Twitter, expressing concern over the government’s action plan. In it, he appears to have created a new word, “sentenance”. He used it or “sentinent” four times, presumably intending to mean “sentience” and “sentient”.

Hosking only referred to the psychological aspects, failing to acknowledge the physical component. (He used words such as “emotions”, “thoughts”, “happy”, “sad”, “nervous”, “anxious”, “scared”, “afraid” and “excited”.)

As indicated by these comments, he is not convinced that any animals are “sentinent”:

“Whether animals are ‘sentinent’ or not, I’m not really sure. I like to think that when my dog runs up to see me in the morning that he’s running up because he wants to hang out with me because I’m a fun fellow, but it could be just instinct because he’s used to, you know, [he] knows that things are all right when I’m around.”

He also reiterated a point made by VFF in its statement, by arguing that using the word “sentinent” in legislation would mean, “what we’re kind of saying is that animal welfare depends on the animal, not on the person doing it.”

The VFF’s statement argued: “Animal welfare law is about addressing human behaviour towards animals, not addressing animals”.

Leonard Vallance made a similar point in his article.

In his video, Hosking went on to say:

It’s kind of like saying that if the animal doesn’t get sad or upset, then it’s all right to be cruel to them, and that doesn’t really rest easy with me. [It’s a] little bit like saying it’s okay to discriminate against someone as long as they don’t realise it’s happened.”

That is a fallacious argument, in that it fails to acknowledge the fact that all animals farmed by VFF members are sentient. Hosking and VFF seemingly fail to accept that the existence of animal sentience, and the need to prevent cruel practices, are inextricably linked.

Here’s the tweet:

Conclusion

With the Victorian government failing to indicate it will remove legislative exemptions in favour of the livestock sector, along with the VFF’s attitude toward sentience, what chance do “production” animals have of avoiding cruelty?

The most effective way to minimise cruelty in food consumption is to avoid animal-based products. We have a choice, and should use it for the benefit of those who have none.

Author

Paul Mahony

References

Victorian Farmers Federation, “About us”, https://www.vff.org.au/vff/The_VFF/AboutUs/vff/About_Us/About_Us.aspx?hkey=d1685f71-c8b5-43ae-b571-a2594d327d9d (accessed 22 Jan 2018)

Victorian Farmers Federation, “Farmers condemn unnecessary animal welfare legislation”, 5 January 2018, https://www.vff.org.au/vff/Media_Centre/Media2018/Farmers_condemn_unnecessary_animal_welfare_regulation.aspx

Agriculture Victoria, Animal Welfare Action Plan, Jan 2018, http://agriculture.vic.gov.au/agriculture/animal-health-and-welfare/animal-welfare/animal-welfare-action-plan

Rowlands, M., “Animals like us”, Verso Books, London, 2002 (p. 3)

Agriculture Victoria, “Prevention of Cruelty to Animals Legislation”, http://agriculture.vic.gov.au/agriculture/animal-health-and-welfare/animal-welfare/animal-welfare-legislation/prevention-of-cruelty-to-animals-legislation (accessed 23 Jan 2018)

Victorian Farmers Federation, “Livestock Group”, https://www.vff.org.au/vff/Industries/Livestock/Industry_Structure/vff/Industry_Groups/Livestock/Industry_Structure.aspx?hkey=ffb4d11e-ed46-4217-8a21-426c01a08e2a (accessed 22 Jan 2018)

Vallance, L., “Farmers care about the welfare of animals”, Stock and Land, 11 Jan 2018, http://www.stockandland.com.au/story/5160138/farmers-care-about-the-welfare-of-animals/?cs=4587

The Aussie Farms Repository, http://www.aussiefarms.com.au/ (accessed 23 Jan 2018)

Australian Animal Welfare Standards and Guidelines: Sheep, http://www.animalwelfarestandards.net.au/sheep/

Neales, S., “End to the silence about 15 million dead lambs”, The Australian, 3 Sep 2012, http://www.theaustralian.com.au/news/nation/end-to-the-silence-about-15-million-dead-lambs/news-story/dcfd08eddf63e33380a5f26004c596bf (This reference relates to the main image, as referred to below.)

Victorian Farmers Federation, “Board of Directors”https://www.vff.org.au/vff/The_VFF/Board_of_Directors/vff/About_Us/Profiles.aspx?hkey=ade72ab8-85f4-4c59-8572-e8cc5827c671 (accessed 22 Jan 2018)

Hosking, B., Twitter @HoskingBrett, 17 Jan 2018, https://twitter.com/HoskingBrett/status/953428962943819776

Image

Melbourne Sheep Save

Related articles

Victorian animal cruelty

I did not expect to see significant improvements for animals in the Victorian government’s recently released Animal Welfare Action Plan, so I was not surprised when I read it. [Footnote 1]

It has outlined four areas for action: policy and legal framework; collaboration; education; and compliance and enforcement.

A draft version was released in 2016, and I highlighted two key points in my response:

  • Exemptions to the Prevention of Cruelty to Animals Act in favour of animal-based industries permit horrendous acts of cruelty to occur on a routine basis.
  • The community should be informed of the reality through advertising, public relations and product labelling, to enable informed purchasing decisions.

Neither issue has been addressed in the final plan, despite references to “care and respect” and “consumer confidence” (as referred in more detail below).

The government still claims elsewhere, as it has for over three years, that the exemptions do not permit cruelty to occur. That is an outrageous claim, which shows no respect for animals or people seeking information on the issue. By their nature, the exemptions permit cruelty.

Such government doublespeak is consistent with the failure to adequately address community education in the plan, with its intention (for example) to communicate “information about . . .  good practice husbandry”, as referred to under the item “improve general animal welfare knowledge”.

It appears that most animals have again been abandoned for the sake of political support from animal-based industries and others, with the government trying to give the impression that something meaningful has been achieved. (In referring to “most animals”, I note that the government has indicated there are more that 150 million farm animals in Victoria, compared to 6.7 million companion animals.)

The focus is unashamedly welfare rather than rights. A welfare approach treats the question of rights as a one-way street by taking the position that humans have the right to exploit animals.

It looks like a business plan

The banner heading for the plan’s vision and purpose is: “Victoria cares”

But does it?

The vision:
A Victoria that fosters the caring and respectful treatment of animals.”

The purpose:
“To ensure Victoria continues to improve animal welfare and is well respected globally for animal welfare practices.”

It seems the plan has been created largely with the aim of ensuring that Victoria is well respected globally, with the related aim of protecting export markets.

Most animals are clearly regarded by the government as products, with reference to “production animals” and “ethical and responsible animal production”. However, it is not in an animal’s interest to become someone else’s product.

That means they are being exploited.

Exploitation is unethical.

It is irresponsible.

It does not reflect “caring and respectful treatment”.

With contradictions such as those, the “vision and purpose” statement does not represent a strong base on which to establish a plan for the benefit of animals. They are only some of the contradictions and inconsistencies within, or related to, the plan.

The vision statement also refers to the need to avoid “unnecessary” harm. However, it is all unnecessary. For example, in respect of diet, both the American Dietetic Association and Australia’s National Health and Medical Research Council have written favourably about a vegan approach.

Within her foreword to the plan, the minister for agriculture, Jaala Pulford, states (with my underlines):

“The government is also committed to promoting market access and maintaining consumer confidence in Victoria’s livestock industries.”

The economic theme is prominent throughout. Here are some more examples (with my underlines):

“The way animals are treated reflects on Victoria’s national and international reputation, including market access, consumer confidence and the ability to create and sustain jobs.”

Australian and overseas markets are experiencing growing demand for humane and responsibly produced food. Many of the world’s food production companies are setting animal welfare standards for their suppliers. Many industry quality assurance programs include animal welfare requirements to provide confidence to consumers and markets about Victoria’s standard of care for production animals. This is important to maintain and expand Victoria’s domestic and global market access in an environment where there is growing demand for animal products that are produced in animal welfare credentialed systems.”

“The new Act must be capable of evolving to keep pace with animal welfare science, community expectations, industry practices, and domestic and international market access opportunities.”

“For example, Victoria’s agricultural industries recognise that animal welfare underpins productivity.”

“The Victorian Government values and continues to support key animal industries and activities, such as agriculture, sport, recreation (including hunting and fishing), research and teaching, invasive species management, pets, breeding and exhibition.”

I accept that economic issues need to be treated seriously by governments. However, animals should not be forced to pay the price for the well-being of the human population. The government is virtually admitting that “production animals” are regarded as economic cannon fodder, while pretending to be concerned about them.

Other animals, such as those used in research, sport and entertainment, are suffering a similar fate, with financial motives again often playing a part.

Some more contradictions and a massive generalisation

In her foreword, Jaala Pulford also states (with my underlines) that we all have a role to play in ensuring the welfare of pets, farm animals and wild animals.

Similarly, the minister’s ambassador for animal welfare, Lizzie Blandthorn, states that we must protect animals from cruelty and support their quality of life, including on farms and in their natural environment.

Those statements are from members of a government that (as indicated earlier) exempts many animal-based industries from the provisions of cruelty prevention legislation.

They are from members of a government that permits the shooting of ducks, kangaroos and other wild animals as “recreation”.

Allowing people to shoot animals “in their natural environment” is not my idea of protecting animals from cruelty. Many suffer horrendously before dying, and those left behind in their family and social groups are forced to fend for themselves, if they are able. Many victims of shooting are supposedly protected species.

A grave concern in respect of kangaroos is that the prime targets of shooters are the largest, strongest individuals, with potentially critical impacts on the prospects of their mob (the term used to describe their group), along with the gene pool and the resilience of the species in increasingly challenging environmental conditions.

The minister also claims that “animal welfare matters to all Victorians”. That is a massive generalisation in a state of over six million people.

Sentience

Much of the media reporting of the plan’s release focused on the intention to recognise animal sentience within legislation. However, that may be a form of tokenism, without meaningful benefits for animals.

According to the plan:

“Science demonstrates that animals are sentient. This means they experience feelings and emotions such as pleasure, comfort, discomfort, fear and pain. Sentience is the primary reason that animal welfare is so important. All people and industries within Victoria have a responsibility to treat all animals with care and respect.”

Do we really need science to tell us that? Any child who has interacted with an animal knows it.

As to treating animals with “care and respect”, here are some examples of practices permitted by legislative exemptions, most of which I highlighted in a letter to the minister in March 2016 and in my plan submission:

Pigs:

  • life-long confinement indoors;
  • confinement in a sow stall, with insufficient room to turn around, for up to 16.5 weeks, day and night;
  • confinement in a farrowing crate, with insufficient room to turn around or interact with piglets, for up to 6 weeks, day and night;
  • tail docking, ear notching, teeth clipping and castration, all without anaesthetic or subsequent pain relief.

The Australian pig industry’s so-called voluntary ban on sow stalls allows them to be used for up to eleven days per pregnancy, and is not be binding on individual producers. In any event, the ability to monitor compliance is questionable, while the alternative of “group housing” is also inherently cruel.

The industry has not indicated any action in respect of farrowing crates, which are even more restrictive than sow stalls.

Chickens and turkeys:

  • life-long confinement indoors, including (for egg-laying hens) cages;
  • beak trimming of chickens without anaesthetic;
  • removing the snood of turkeys (the skin drooping from the forehead) without anaesthetic;
  • removing terminal segment of males’ inward pointing toes without anaesthetic;
  • killing of “surplus” chicks (mainly male) in the egg industry through gassing with CO2 or by “quick maceration”, whereby they are sent along a conveyor belt to an industrial grinder while still alive.

Cattle:

  • castration without anaesthetic if under six months old or, under certain circumstances, at an older age;
  • dehorning without anaesthetic if under six months old or, under certain circumstances, at an older age;
  • disbudding (prior to horns growing) without anaesthetic. Caustic chemicals may be used for that process under certain circumstances, including an age of less than fourteen days;
  • hot iron branding without anaesthetic;
  • forced separation of cows and calves in the dairy industry within a day of birth to enable human access to the cow’s milk, with most male calves being sent to slaughter and many females retained for future production.

All:

  • forced breeding, often involving stimulation by humans, penetration with artificial devices, and ongoing confinement.

Here’s an image of a calf being branded with a hot iron, which I included in my submission responding to the draft plan.

Here’s an example of group housing of sows, which is the main alternative to sow stalls. [Footnote 2]

What appears to be the intended continuation of exemptions in respect of practices such as those described above is particularly damning when a stated outcome in relation to the legal framework is for the law to provide for “reasonable and considerate treatment of all animals, regardless of species, use or activity”.

Does this mean that the relevant practices are considered “reasonable and considerate” for “production animals”, when many could result in jail terms if committed on companion animals?

Conclusion

With the release of the new plan, the Victorian government has effectively abandoned animals and misled the community.  The plan represents a classic and tragic example of government doublespeak and disregard for others. We and the animals deserve much better.

Author

Paul Mahony

Footnotes

  1. For the purpose of the article, my usage of the word “animal” is based on the definition used in the plan, being “an animal covered by Victorian animal welfare legislation”.
  2. In nature, pigs are clean animals, and do not defecate where they eat and sleep. Wallowing in mud is an evolved behaviour, which they share with other animals, such as the hippopotamus. In a paper published in the journal Applied Animal Behaviour Science, researcher Marc Bracke from the Wageningen University and Research Centre reported that pigs and other wallowing animals did not develop functional sweat glands because wallowing was a part of their lifestyle. The mud now helps them to regulate their body temperature. Most pigs and other production animals lack the opportunity to undertake natural behaviours, with resultant detrimental impacts on their well-being.

References

Mahony, P., “Submission in Response to Victorian State Government’s Draft Action Plan 2016 – 2021 ‘Improving the Welfare of Animals in Victoria'”, 11th October 2016, https://terrastendo.files.wordpress.com/2014/09/vic-animal-welfare-submission-p-mahony-v-2.pdf

Agriculture Victoria, Department of Economic Development, Jobs, Transport and Resources, “Animal Welfare Action Plan” (accessed 7th January 2018), http://agriculture.vic.gov.au/agriculture/animal-health-and-welfare/animal-welfare/animal-welfare-action-plan

Agriculture Victoria, Department of Economic Development, Jobs, Transport and Resources, “Prevention of Cruelty to Animals Legislation”, http://agriculture.vic.gov.au/agriculture/animal-health-and-welfare/animal-welfare/animal-welfare-legislation/prevention-of-cruelty-to-animals-legislation

Department of Economic Development, Jobs, Transport and Resources, “Victoria’s Animal Welfare Action Plan”, 18th December 2017, https://www.youtube.com/watch?v=qTdl8EfHP5w

Preiss, B., “New laws to recognise pain and fear suffered by animals”, The Age, 31st December 2017, http://www.theage.com.au/victoria/new-laws-to-recognise-pain-and-fear-suffered-by-animals-20171231-h0bs2a.html

Mahony, P., “Open Letter to Jaala Pulford”, Terrastendo, 31st March 2016, https://terrastendo.net/2016/03/31/open-letter-to-jaala-pulford/

Bracke, M.B.M., “Review of wallowing in pigs: Description of the behaviour and its motivational basis”, Applied Animal Behaviour Science , Volume 132 , Issue 1 , 1 – 13, http://www.appliedanimalbehaviour.com/article/S0168-1591(11)00021-9/fulltext, cited in Braconnier, D., “Wallowing in mud is more than just temperature control”, Phys.org, 2nd May 2011, https://phys.org/news/2011-05-wallowing-mud-temperature.html

Images

© Frances Jane Lea, “Alpaca Llama Lama”, Shutterstock

© androdphoto, “Branding a calf”, iStock

© Aussiepigs.com, Golden Grove Piggery, NSW 2013

Related articles

Victorian animal cruelty

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I recently posted an article containing the text of a letter I had sent to Victorian Minister for Agriculture, Jaala Pulford.

My key point was that the website of Agriculture Victoria claims that exemptions to the Prevention of Cruelty to Animals Act do not permit cruelty to occur.

That claim seems to ignore the fact that the relevant exemptions, relating to practices permitted under “other legislation, codes of practice . . . and the Livestock Management Act Standards”, allow practices that cause certain animals to experience extreme pain and suffering.

How can it not be considered cruel to deliberately inflict pain and suffering on another being?

Yet that is what our state government is claiming.

Their comments remind me of Don Watson’s book Death Sentence: the decay of public language“, which has been summarised by the publishers (in part) this way:

“Today’s corporations, government departments, news media, and, perhaps most dangerously, politicians, speak to each other and to us in cliched, impenetrable, lifeless sludge.”

Much of the so-called communication emanating from governments, corporations and increasingly the broader community, to the extent it can be comprehended at all, does not reflect reality.

Anyway, I’m pleased to report that Ms Pulford has responded to my letter, for which I’m grateful.

On the other hand, I’m disappointed, but not surprised, that her letter suffers from the same “decay of public language” highlighted by Watson, along with certain omissions.

Firstly, she did not respond to my suggestions:

  • Agriculture Victoria amend its website by noting that cruelty is permitted when it involves animals bred for food and other purposes.
  • Alternatively, simply remove the exemptions.

Secondly, she stated that the Prevention of Cruelty to Animals Act “applies equally to all species and use of animal”, when the exemptions dictate otherwise.

Thirdly, she told me what I had already stated in my letter, which is that standards for the treatment of animals are specified in codes of practice for the “welfare” of animals.

Something that’s a little frightening, which highlights some of the horror the poor animals experience, is the fact that she notes (with my underlines) the codes of practice have been developed “to ensure that the appropriate levels of animal welfare are detailed in each code for the particular species or use”.

So for some animals, it seems it is “appropriate” that we inflict pain and suffering.

Imagine you are an animal for whom such an approach has been decreed by those in power. Those with the ability and desire to abuse you are fully within their rights to do so.

She mentioned that the livestock codes of practice are being reviewed at the national level, and are being replaced with Australian Animal Welfare Standards and Guidelines. I had referred to an example of those arrangements in my letter, noting that they allow (in respect of cattle at certain ages or under particular circumstances) castration, dehorning, disbudding (prior to horns growing) and hot iron branding, all without anaesthetic.

iStock_000023137213_Large

Unsurprisingly, the Royal Society for the Prevention of Cruelty to Animals (RSPCA) was mentioned. Ms Pulford said they should only be contacted in relation to matters involving non-commercial or domestic animals, and that the Department of Economic Development, Jobs, Transport and Resources (what a mouthful) should be contacted in relation to livestock issues.

So the government department that is responsible for “economic development and job creation across Victoria” is also responsible for the well being of animals who are regarded as products to be slaughtered and exploited in other ways. What hope do the animals have when there is no one officially responsible for protecting their true interests?

In any event, the RSPCA earns royalties from the livestock sector in exchange for its “paw of approval” product endorsements. Is it just me, or does that also seem an “inappropriate” arrangement to you?

Perhaps the most extraordinary claim in the letter was that “animal welfare is a high priority for the Andrews Labor Government”.

Why do I consider that claim extraordinary?

Well, the Andrews Labor government is one of two in Australia that permit jumps racing for horses.

Untitled design

Also, the Andrews Labor government is one of three in Australia that permit duck shooting on public lands.

IMG_4022

Conclusion

As governments, elected representatives, and the public sector in general have established a legal framework that permits and condones the mental and physical abuse of animals, they must acknowledge that such standards exist, and stop pretending that we live in a civilised society.

We are quick to condemn other nations and cultures for what we consider to be heinous acts of cruelty, when we need look no further than our own backyard to see equally reprehensible acts that are enshrined in the laws that govern our way of life.

It’s time to either wake up and change, or stop pretending.

I feel that the march toward the former is gaining momentum, and am hopeful it will soon become the norm.

Author

Paul Mahony (also on Twitter, Scribd, Slideshare, New Matilda, Rabble and Viva la Vegan)

Update

10th July, 2016: Additional comments on the Department of Economic Development, Jobs, Transport and Resources.

Sources

Department of Economic Development, Jobs, Transport and Resources, http://economicdevelopment.vic.gov.au/about-us

Reports on RSPCA commissions:

“RSPCA stamp ‘dupes buyers'”, Alexandra Smith, Sydney Morning Herald, 9th January 2012, smh.com.au/business/rspca-stamp-dupes-buyers-20120108-1pq6z.html

“Consumers duped by RSPCA, farmers claim” Alexandra Smith, Sydney Morning Herald, 9th January 2012, smh.com.au/environment/animals/consumers-duped-by-rspca-farmers-claim-20120108-1pq77.html

Images

“Aubrey”, Pete Crosbie, Willowite Animal Sanctuary

Branding a calf | © anrodphoto | iStock

Coalition for the Protection of Racehorses

Coalition Against Duck Shooting

 

Around-The-Farm-August-61

Here is my letter of 31st March 2016 to Victorian Minister for Agriculture, Jaala Pulford. I have informed Ms Pulford that I would be posting the content of the letter online. Some of the material was included in my article “When does ‘cruel’ not mean ‘cruel’?” of 31st August 2014.

The Hon. Jaala Pulford MLC
Level 16
8 Nicholson Street
East Melbourne
Victoria, 3002

jaala.pulford@parliament.vic.gov.au

31st March 2016

Dear Ms Pulford,

Prevention of Cruelty to Animals Act

I note that the Agriculture Victoria website states as follows regarding exemptions under the Prevention of Cruelty to Animals Act:

“There are a number of exemptions built into the POCTA Act for activities undertaken in accordance with other legislation, codes of practice made under this Act, and the Livestock Management Act Standards. However this does not permit cruelty to occur.”

I also note the following definition of the word “cruel” from the Oxford Dictionary:

Wilfully causing pain or suffering to others, or feeling no concern about it.”

When one considers the practices that are permitted under the codes of practice, standards and related legislation, I wonder how they could not be considered cruel.

Here are some examples from a small sample of codes and guidelines:

Model Code of Practice for the Welfare of Animals: Pigs (3rd Edition)

The code permits the following practices, most of which apply routinely to the vast majority of pigs used for food:

  • life-long confinement indoors;
  • confinement in a sow stall, with insufficient room to turn around, for up to 16.5 weeks, day and night;
  • confinement in a farrowing crate, with insufficient room to turn around or interact with piglets, for up to 6 weeks, day and night;
  • tail docking without anaesthetic;
  • ear notching without anaesthetic;
  • teeth clipping without anaesthetic;
  • castration without anaesthetic.

The Australian industry’s so-called voluntary ban on sow stalls, scheduled to commence in 2017, will allow them to be used for up to eleven days per pregnancy, and will not be binding on individual producers. In any event, the ability to monitor compliance must be questionable.

The industry has not indicated any action in respect of farrowing crates.

Model Code of Practice for the Welfare of Animals: Domestic Poultry (4th Edition)

The code permits:

  • life-long confinement indoors, including cages;
  • beak trimming of chickens without anaesthetic;
  • removing the snood of turkeys (the skin drooping from the forehead) without anaesthetic;
  • removing terminal segment of males’ inward pointing toes without anaesthetic;
  • killing of “surplus” chicks (mainly male) in the egg industry through gassing with CO2 or by “quick maceration”. (The Oxford defines “macerate” as “soften or become softened by soaking in a liquid”. In the case of chicks, there is no soaking in liquid. They are sent along a conveyor belt to an industrial grinder while still alive.)

Australian Animal Welfare Standards and Guidelines for Cattle

The standards permit:

  • castration without anaesthetic if under six months old or, under certain circumstances, at an older age;
  • dehorning without anaesthetic if under six months old or, under certain circumstances, at an older age;
  • disbudding (prior to horns growing) without anaesthetic. Caustic chemicals may be used for that process under certain circumstances, including an age of less than fourteen days;
  • hot iron branding without anaesthetic.

Please also see comments regarding the dairy industry below.

National Animal Welfare Standards for Livestock Processing Establishments

  • The standards allow stunning prior to slaughter by: pneumatic captive bolt guns; controlled atmosphere (CO2) stunning; and electrical stunning
  • They state that CO2 concentration should be greater or equal to 90% by volume, and no less than 80% when gaseous mixtures are used. (Variations are allowed following a monitoring and verification procedure that demonstrates effective stunning.)

Model Code of Practice for the Welfare of Animals: Livestock at Slaughtering Establishments

  • Like the standard referred to above, in respect of pigs, the code allows stunning prior to slaughter by: pneumatic captive bolt guns; controlled atmosphere (CO2) stunning; and electrical stunning.
  • It notes that the CO2 concentration recommended in Europe is 70% by volume, and that the recommendation may need to be modified for Australian conditions as experience with local conditions increases.

Evidence of a standard procedure in action: CO2 stunning of pigs

The great majority of pigs in Australia are stunned using the CO2 method.

Many people may wrongly believe that the process is free of pain and stress for animals.

Donald Broom, Emeritus Professor in the Department of Veterinary Medicine at Cambridge University, made the following points after viewing a video recording of the process from an Australian abattoir:

  • The use of CO2 stunning represented a major welfare problem, as the gas is very aversive to pigs.
  • The extreme reactions were typical for pigs lowered into a high concentration of CO2.
  • The best gas to use in the stunning chamber is argon, or a mixture of argon and up to 20 per cent CO2. Pigs do not detect argon, so are stunned without being aware of the gas.
  • For financial reasons, efforts are generally made to reduce the time taken to unconsciousness, so CO2 is often used. It is somewhat cheaper than argon.

From Professor Broom’s comments, it would appear that there are options available that would cause less stress to pigs than high concentrations of CO2, and that many in the industry may be avoiding those methods for financial reasons.

Additional comments on the dairy industry

Cows are continually impregnated in order to produce milk. However, the milk is intended for humans, so the cow and calf are separated almost immediately after birth, with the calves either going back into the dairy industry, to veal production or almost immediate slaughter. This process is an inherent component of dairy production and seems almost unimaginably cruel to the cow and calf.

Although not legislated, relevant industries have established a national standard whereby they can avoid feeding calves aged 5 to 30 days, who are being transported without their mothers, for up to 30 hours at a time.

The RSPCA and potential mandatory reporting

The RSPCA has called for mandatory reporting of animal cruelty. The organisation’s Chief Executive, Heather Neil, has said:

“But there are some people who, by the nature of their role, are expected to know what animal cruelty is and when action should be taken. These people should have a legal obligation to report cruelty when they see it.”

Although the RSPCA may not have identified the issue itself, its proposal highlights the strange dichotomy that exists between legal and non-legal cruelty. The organisation’s proposal is presumably aimed at non-legal cruelty, without seeming to acknowledge the extent of the legal variety.

Conclusion

Agriculture Victoria’s claim that exemptions to the POCTA Act do not allow cruelty to occur could be construed as an attempt to hide the truth.

I am reminded of the following statement from former Labor Premier, Steve Bracks:

“When you’re proud of what you’re doing, you don’t want it hidden; you want people to know about it. You only keep secret the things that you’re ashamed of.”

He also said a feature that would differentiate his government from that of his predecessor was:

“leadership that believes in openness and accountability, that isn’t afraid of scrutiny, that credits the people of this state with the intelligence to make their own judgements”

In the spirit of the comments from Steve Bracks, I feel that Agriculture Victoria should amend the relevant page by noting that cruelty is permitted when it involves animals bred for food and other purposes. That would assist consumers to “make their own judgements” based on a clearer understanding of the truth.

Another option would be to remove the exemptions. Surely it is unjust to have one law for certain animals, and a different law for others.

Regardless of the outcome, better-informed consumers may choose to avoid animal products altogether on the basis that any use of animals for food and other purposes is a form of exploitation, and arguably unethical.

I would welcome the opportunity to discuss the matter with you if you would like to do so.

Yours faithfully

 

Paul Mahony
Co-founder Melbourne Pig Save
melbournepigsave.org

END OF LETTER

Image: Edgar’s Mission Farm Sanctuary

Footnote: This article also appears on the Melbourne Pig Save website.

Link: Agriculture Victoria’s Prevention of Cruelty to Animals page