Cats and dogs are sentient beings, and now Gib law reflects that 

The theft of a cat or a dog in Gibraltar could be punished with up to five years’ imprisonment under a legislative amendment passed by Parliament on Wednesday strengthening existing animal welfare laws and recognising vertebrates as sentient beings in law. 

The changes introduce a clearer duty of care for owners, create new offences and strengthen enforcement powers aimed at preventing cruelty and improving the treatment of pets and other animals.  

The amendments recognise vertebrates and some invertebrates including crabs, lobsters and octopuses as sentient beings in law, requiring ministers to consider animal welfare in all policymaking. 

“Gibraltar is a nation of animal lovers,” Dr Cortes said. 

“Many Gibraltarians keep pets in loving homes where they are well cared for.” 

“This Bill helps to ensure that no animals in Gibraltar are kept by those who intend to harm them.” 

“It will deter and prevent those who mistreat animals to be able to do so and will place animals’ ability to feel and perceive as a matter for consideration across all levels of policy making.” 

Dr Cortes said the legislative changes were built around the internationally recognised “five freedoms” or welfare needs of animals, including the need for a suitable environment, diet, protection from pain and the ability to exhibit normal behaviour. He said the Bill would place a duty on owners to take all reasonable steps to meet those needs.  

Under the changes, police will be able to issue improvement notices to owners who fail to meet that duty, setting out what action is needed and the timeframe for doing so.  

While breaches would remain criminal offences, the notices are intended to support a more collaborative approach that could improve welfare standards without immediate resort to the courts.  

The amendments also recognised the emotional impact of pet theft by creating a specific offence covering cats and dogs, with prison terms of up to 12 months on summary conviction and up to five years on indictment.  

“The theft of pets is unfortunately a reality, especially for pet species which are commercially profitable for sale,” Dr Cortes said.  

“These offences are treated currently in the law like the theft of any other piece of property.” 

“This fails to take into account the emotional impact on victims whose pets are stolen.” 

“These victims have essentially lost a family member.” 

Dr Cortes outlined further offences in the amendments to the Animals Act, including bans on tail docking, the mutilation of dogs’ ears and the use of electronic, choke and pronged collars on cats and dogs.  

He said judges would also be given wider powers to disqualify offenders from keeping animals, remove animals from those convicted of cruelty and forfeit equipment used in offences.  

The changes were welcomed by the Opposition. 

“The Bill recognises for the first time in statute that animals are sentient beings,” said GSD MP Giovanni Origo.  

“It establishes a clear duty of care for owners to meet the animals needs and modernises enforcement powers to ensure that that duty has meaning.” 

“These are significant and, I must say, commendable advances that align Gibraltar’s standards with those of progressive jurisdictions across the world.”