The decision was supported by the majority of those responding to the consultation exercise including a number of respected animal welfare organisations and animal behaviourists. The Welsh Ministers only made their decision after receiving advice from the Chief Veterinary Officer for Wales and the decision has been approved by the democratically accountable and elected National Assembly for Wales.  Regulations not beyond powers of the Welsh Ministers The court then went on to deal with final two grounds of the claimants challenge. The claimants submitted that the 2010 Regulations are ultra-vires (beyond the powers) because 2(1)(a) and (b) are not restricted in their application to animals “for which a person is responsible” as required by section 12 of AWA 2006. In addition it was submitted that 2(1)(c) has perverse consequences because responsibility (and criminality) could be attached even for a person removing the electronic collar whilst the animal is under its temporary care (the likely example being a vet could find himself in trouble for removing a collar). The first ground was rejected and it was held that Regulation 2(1)(a) and (b) should be construed as referring to animals for which a person was responsible and on that basis the Regulations were not ultra vires s.12 AWA 2006.The High Court rejected the “excessively literal construction” of Regulation 2(1)(c) as advanced by the claimants. This was again neither irrational, Wednesbury unreasonable or perverse. This case opens the floor to further debate on the age-old question of whether animals are entitled to equivalent or even comparable rights to humans. Professor Conor Gearty notes in a paper on the topic that the very strength of human rights as evolved from the Universal Declaration of Human Rights is its encompassing “net of solicitude” towards new and different categories of humans. The collapse of intellectual confidence in the specialness of the human, the decline in arguments for human uniqueness vis-a-vis the rest of the living things on the planet, now offers a window of opportunity for other animals, or rather to be accurate for their human protagonists, to be able to say much more convincingly than in the past that certain animals deserve to fit within the world of right behaviour and of entitlement to proper treatment that hitherto has been the preserve of the human alone.(p.9) Gearty sees no reason in principle why human rights should be subject to a species barrier.
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