Animal Welfare (Sentencing) Bill
Wednesday 10th July 2019
(5 years, 4 months ago)
Commons ChamberRead Full debate Animal Welfare (Sentencing) Bill 2017-19 Read Hansard Text Read Debate Ministerial Extracts
Madam Deputy Speaker (Dame Eleanor Laing)
I can inform the House that Mr Speaker has certified the whole Bill, in accordance with Standing Order No. 83J, as being within devolved legislative competence and relating exclusively to England and Wales.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
I beg to move, That the Bill be now read a Second time.
The Bill delivers another important commitment from the Government on animal welfare, cementing our place as a world leader in the care and protection of animals. Under the current legislation, the Animal Welfare Act 2006, the maximum penalty for animal cruelty offences is six months’ imprisonment and/or an unlimited fine. The Bill extends the current maximum penalty to five years’ imprisonment and/or an unlimited fine for the worst animal cruelty offences relating to animal welfare in England and Wales. It is a simple yet vital measure to ensure that those who perpetrate cruelty on animals are subjected to the full force of the law.
We all agree that there is no place for animal cruelty in this country. Those who mistreat and abuse animals through unacceptable activities such as dog fighting, the abuse of pet animals, and cruelty to farm animals will be faced with tougher responses from the courts. An increase in the maximum custodial sentence from six months to five years will help to deter people from committing detestable acts against animals, and will demonstrate that such behaviour is not tolerated in this country.
Sir Greg Knight (East Yorkshire) (Con)
Is the Minister aware of the growing concern about the welfare of tethered horses? Many horses are attached to a short rope all day long, next to a highway, with no water and surrounded by ragwort, which is harmful to them. However, the authorities seem reluctant to take action. Might the reason be that the law is not quite clear enough in this respect, and if so, could that be addressed by the Bill?
David Rutley
I thank my right hon. Friend for his intervention, and for his concern about horse tethering. I share that concern, which is why we recently had a roundtable meeting with the relevant welfare groups and authorities to discuss how we could achieve best practice in this regard. I think that there have been some case studies—particularly in the Swansea area, if I remember correctly—and that real action has been taken. We need to spread that best practice far and wide.
It is a pleasure to introduce this important Bill. We committed ourselves in September 2017 to increasing maximum sentences for animal cruelty offences, and in December 2017 we published our draft Bill for pre-legislative scrutiny. That followed the introduction of the Animal Fighting (Sentencing) Bill in July 2016 by my hon. Friend the Member for Torbay (Kevin Foster), and the introduction of the Animal Cruelty (Sentencing) Bill, also in July 2016, by the hon. Member for Redcar (Anna Turley). I pay tribute to both of them and the supporters of their Bills; I thank them for their hard work.
I am delighted to have secured the parliamentary time to introduce this small but incredibly valuable Government Bill, which is of great importance to the House, the animal welfare community and the public more widely. I pay tribute to all who campaigned for the Animal Welfare (Service Animals) Act 2019, popularly known as Finn’s law, which is closely linked to the Bill. Finn is a police dog fondly known as Fabulous Finn to his friends, and a distinguished example of the incredible bravery and hard work of service animals. This Bill will ensure that those who cause injury to a service animal will receive a proportionate penalty for their horrific actions; I will speak on this in more detail a little later.
Many animal welfare charities and other organisations have been calling for increased sentencing for a number of years. I thank them for their campaigning on the matter and for ensuring that this issue has remained at the top of the agenda: Battersea Dogs and Cats Home, Blue Cross, the Royal Society for the Prevention of Cruelty to Animals and the League Against Cruel Sports, to name but a few, have been incredibly effective in their support for an increase in the maximum penalties, and I praise their tireless efforts. Claire Horton, chief executive of Battersea Dogs & Cats Home, stated that the introduction of this Bill is a “landmark achievement”.
This Bill is indeed a landmark step forward for animal welfare in this country. It demonstrates our commitment to protecting this nation’s animals. I pay tribute to Northern Ireland and my hon. Friends in the Democratic Unionist party for setting such a great example in support of animal welfare; Northern Ireland has already introduced a higher maximum penalty of five years for animal cruelty offences, which we are pleased to be able to match in England and Wales.
I also pay tribute to those hon. Members who have consistently advocated introducing this Bill, notably my hon. Friend—most of the time my friend—the Member for Tiverton and Honiton (Neil Parish), Chair of the Environment, Food and Rural Affairs Committee. He can be grumpy on occasions—[Interruption.] Oh, he is there! I had not realised he was behind me! Indeed, I thank all members of the Committee, who tirelessly press the Government on this issue.
Our Bill and the proposals therein on animal welfare sentencing have received strong support from across the House, and I am grateful to the Opposition Front- Bench team, not least the hon. Member for Workington (Sue Hayman) for her full and wholesome support; it is much appreciated.
Bill Wiggin (North Herefordshire) (Con)
Thirteen years ago in 2006 when the Animal Welfare Act was going through its stages, I proposed an amendment that would do exactly what this Bill does, so may I thank the Minister for bringing it in but express regret that it has taken 13 years to do so?
David Rutley
I am pleased the Bill is before us today; sometimes these things take time—too often in animal welfare—but I am really pleased that through working together across this House we have seen a number of pieces of legislation come forward in recent weeks and months. That is because we are working so closely together. I am extraordinarily grateful for that and for the support we have had from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who has long called for higher sentencing.
It is also important to recognise the hard work of our Whips. They are not able to speak on this matter, but I know that my hon. Friends the Members for Chippenham (Michelle Donelan) and for Milton Keynes South (Iain Stewart) are very keen for this legislation to come through. It would be remiss of me not also to mention the irrepressible hon. Member for Bristol West (Thangam Debbonaire), who is a complete enthusiast for this Bill and I am sure would love to be associated with it.
The Bill amends the Animal Welfare Act 2006, which currently sets out a maximum penalty of six months’ imprisonment and/or an unlimited fine for the more serious prevention of harm offences. That is much lower than the current European average for animal welfare offences, which is two years; indeed many countries have much higher maximum penalties. I am pleased to say that the Bill introduces one of the toughest punishments in the world and will bring us in line with the maximum penalties in Australia, Canada, New Zealand, Ireland, India and Latvia, which are all five years’ imprisonment.
The Government published the draft Bill for consultation and pre-legislative scrutiny in December 2017 as part of the Animal Welfare (Sentencing and Recognition of Sentience) Bill. The consultation closed in January 2018 and the Department for Environment, Food and Rural Affairs received over 9,000 direct responses to it; 70% of respondents agreed with the new maximum penalties. In the summary of responses document, the Government committed to bringing forward the sentencing clauses in a separate Bill as recommended by the Environment, Food and Rural Affairs Committee scrutiny report in January 2018.
There have been a number of recent cases related to serious animal welfare offences in which judges have expressed a desire to impose a higher penalty or custodial sentence than that currently provided for under the Animal Welfare Act 2006. For example, in 2016 an 18-year-old man kicked his girlfriend’s pet spaniel to death in an horrific attack. The dog was kicked repeatedly so hard that her brain stem detached. The man was sentenced to six months in prison and ordered to pay costs and victim surcharges of more than £1,000. The judge at the magistrates court said that he would have imposed a stronger, longer sentence if the law had allowed it. It was a sickening act of deliberate cruelty and in such cases a higher sentence would have been favourable for the court.
If I may, I would like to give another horrific example of where the judge explicitly told the court that he would have imposed a longer sentence if the guidelines had allowed. In November 2016 a man gave a dog painkillers and then beat her to death with a shovel. The man was sentenced to four months in prison and was disqualified from keeping all animals for life. That sentence was clearly not appropriate for such a dreadful act, and we need to change that, and we will now.
This Bill relates closely to the warmly received Animal Welfare (Service Animals) Act 2019, commonly known as Finn’s law, which prevents those who attack or injure service animals from claiming self-defence. It received Royal Assent on 8 April 2019, and I pay tribute to my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), who is also in his place, for steering the Bill so skilfully through this House.
When this Animal Welfare (Sentencing) Bill is enacted, those who cause harm to a service animal in the course of the animal’s duty could be subject to a maximum sentence of five years. The intention of Finn’s law was to increase the maximum penalty for animal cruelty as well as improving the protection of service animals. We are now completing the increased protection of service animals with this Bill, and as a result achieving what the Committee and campaigners have worked so hard for.
The Bill is due to commence two months after Royal Assent and has a limited impact on costs to the criminal justice system. The increase in maximum penalties will not result in an increase in the number of offenders being sent to prison; it will result only in the potential length of time that might be served by the most serious offenders. We have been in discussion with the Ministry of Justice on this matter, and the Government consider that this may lead to some marginal extra costs to the criminal justice system which are unlikely to be more than £500,000 per annum. DEFRA has agreed with the Ministry of Justice to take on the costs, as set out in the explanatory notes.
While some offences committed under the Animal Welfare Act 2006 may be more minor incidents, there are unfortunately cases of serious or systematic cruelty. For example, some forms of animal cruelty, such as dog fighting, can be linked to organised crime and are carried out for financial gain through betting and prize money.
Neil Parish (Tiverton and Honiton) (Con)
The Minister talked about the extra cost involved. If a case has to go to the Crown court, very often animals will have to be kept in custody or in care in kennels, so that will cost more. We also need to make sure we have proper kennelling so that the whole court system can cope. We very much welcome the extra sentencing, but that knock-on effect needs to be dealt with as well.
David Rutley
Once again, my hon. Friend speaks with authority on the subject, and he can be assured that we are working through all those details. I just want to underline that costs will be covered through the arrangements put in place.
As I was saying, dog fighting inflicts a high level of suffering on the animals involved. We believe that in such cases, where the level of cruelty and culpability is so high, a higher sentence is clearly justified, and I am sure that the House agrees.
The Bill is a simple measure, amounting to just two clauses, but with a very positive outcome. Clause 1 is the Bill’s main clause; it outlines the mode of trial and maximum penalty for certain animal welfare offences. As I previously outlined, under the Animal Welfare Act 2006 the maximum penalty in practice is currently six months and/or an unlimited fine. The clause changes the maximum custodial sentence available for five key offences: causing unnecessary suffering to a protected animal; carrying out a non-exempted mutilation; docking the tail of a dog, except where permitted; administering a poison to an animal; and involvement in an animal fight.
Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
The Bill is hugely welcome. However, I am concerned about the narrowness of its scope, and my investigations have not been able to satisfy me that there are no potential areas of obscurity in it. Given that the Bill applies to domestic animals and not to wild animals, what is the situation in regard to, say, feral cats? Would somebody who did harm to their neighbour’s cat be subject to a different maximum sentence from somebody who did harm to a cat that was effectively feral and unattached?
David Rutley
We can talk about that in more detail in Committee, but it is clear that this is about animals that are under the control of man. So in a situation where a feral cat was under the control of a man or woman and was experiencing unnecessary harm, the Bill would apply.
Mr Jim Cunningham (Coventry South) (Lab)
I apologise for coming in a bit late. The Minister might have covered this earlier, but will the courts have discretion in relation to the maximum sentence? Am I right in thinking that there will be a scale?
David Rutley
I thank the hon. Gentleman for his question. Just to clarify, we are discussing the maximum penalty; there will be other gradations that the courts will see fit to use. It is important to highlight, as I have done with a couple of case studies, that the courts felt they did not have the right sentencing available, given the horrific nature of some of the crimes they had been looking at. The Bill is about providing a maximum. The hon. Gentleman must be psychic, because I was about to come to that point. Under clause 1, the existing maximum penalty of six months will be retained if the offender is summarily convicted. However, offenders may now receive a higher penalty of up to five years’ imprisonment and/or an unlimited fine if they are convicted on trial by indictment.
Clause 2 outlines that the Bill will come into force two months after Royal Assent. The application of revised maximum penalties is not retrospective and does not apply to offences committed before the Bill comes into force. The clause also specifies the short title of the Bill, and provides for the Bill to extend to England and Wales. Animal welfare is a fully devolved matter, as many Members know. However, in this case the Welsh Government have confirmed that the maximum penalty should also apply in Wales, and the Bill is drafted on that basis. The Welsh Government are preparing a legislative consent motion so that the Bill can be extended and applied in Wales.
It is the Government’s view that the subject matter of this Bill is considered to be within the legislative competence of the Scottish Parliament and the Northern Ireland Assembly. I have commended Northern Ireland for having already set the maximum penalty for animal cruelty offences at five years’ imprisonment in August 2016, and I am pleased that the Scottish Government have announced their intention to do so as well. This country has some of the highest animal welfare standards in the world, but our maximum penalties are currently among the lowest. An increase to five years’ imprisonment should be introduced to enable the courts to have more appropriate sentences at their disposal for the most serious crimes of animal cruelty, and to reinforce our position as a world leader on animal welfare.
The Government are pleased to be taking forward this positive step on animal welfare. Just a month ago, we introduced a ban on third-party sales of puppies and kittens, and we have introduced mandatory CCTV in slaughterhouses. The Bill follows the previously mentioned passing of Finn’s law and we are also demonstrating the importance of the value of wild animals with the Wild Animals in Circuses Bill progressing well through the other place. The Animal Welfare (Sentencing) Bill is a fundamental step in ensuring that we have an appropriate response to those who inflict deliberate suffering on innocent animals and, for the reasons I have set out, I commend the Bill to the House.
Sue Hayman (Workington) (Lab)
Today has been a long time coming. We welcome the Government bringing forward this vital piece of legislation, although we regret that it has taken this long, considering that it has widespread support across the House and with the general public. I hope the Bill manages to make it through both Houses and on to the statute book in a timely fashion. It is imperative that it should receive Royal Assent and come into force as soon as possible so that our courts can start handing out appropriate sentences to those people convicted of inflicting terrible harm on innocent animals.
Neil Parish
I want to thank the hon. Lady for the cross-party support that she has given to get this legislation on the statute book. I agree that that must be done quickly. The Bill has had cross-party support not only in the Select Committee but across Parliament, so let us try to get Royal Assent as soon as possible. Too many lenient sentences are being handed down for horrific welfare crimes at the moment.
Sue Hayman
I thank the hon. Gentleman for his well-made point, which I think we can all support.
It is absolutely right that we should seek to increase the maximum penalty for animal welfare offences from six months to five years. Britain can be proud of having some of the best animal welfare practices and legislation in the world, and the Bill does what it needs to do to enhance that reputation. The landmark Animal Welfare Act 2006 is something that, as a Labour Member, I am very proud of, because our Government brought it forward. Now, delivering maximum sentencing through the Animal Welfare (Sentencing) Bill will ensure that our high standard is maintained and builds on those original foundations.
I am aware that many Members right across the House have campaigned for this issue and for this Bill to come forward, but I would like to make a couple of particular mentions. First my hon. Friend the Member for Redcar (Anna Turley) has made a huge contribution in this House, working with Battersea Dogs & Cats Home, to put forward her private Member’s Bill. That campaign was supported when it first came to the House by many hon. Members from both sides, and I am pleased that we are making such good progress now. I would also like to thank my hon. Friend the Member for Bristol East (Kerry McCarthy) for her hard work on this issue. I also thank the Environment, Food and Rural Affairs Committee and its Chair, the hon. Member for Tiverton and Honiton (Neil Parish).
The last time I spoke on this matter on the Floor of the House was in spring 2017, following the publication of the Select Committee’s excellent report covering third-party puppy sales and maximum sentencing. We then had the short-lived draft Bill that would have covered sentencing and the recognition of animal sentience. From that, however, Ministers went back to the drawing board, which is why, to some extent, it has taken so long to get to this stage. After two years’ delay, it is really good that the Government have finally brought forward this Bill, because it is important that sentences for animal cruelty should act as a deterrent. I welcome this.
We are supporting the Bill today, but we will seek to improve it in Committee. We have concerns, which are shared by a number of stakeholders, about the scope of the Bill. This has already been mentioned in an intervention. The proposals apply only to the Animal Welfare Act 2006 and therefore do not apply to wild animals in the way that they apply to domestic animals. Our concern is that this creates a two-tier system, even if by oversight as opposed to intentionally. The same sentences should be available to judges for similar or identical crimes, regardless of whether the animal is domesticated or wild.
Bill Wiggin
I took the Animal Welfare Bill through, and I disagree with the hon. Lady’s understanding. It is possible to commit acts of cruelty only when we as human beings have power over an animal. We must deliver the animal’s five freedoms, and it does not matter whether the animal is domesticated or wild. It is our power over the creature that determines an act of cruelty. I do not think that her accusation of a two-tier system is a fair one.
Sue Hayman
That is an interesting consideration, and one that will be explored within the legal system. I am sure that we can look into it further in Committee. To give an example, the RSPCA reports that a man was jailed for just 22 weeks after he was convicted of setting his dogs on a pet cat and a fox. It is important that harming the fox can carry the same sentence as harming the family pet in those circumstances, and the law must reflect that.
Bill Wiggin
I thought I was clear. In the case the hon. Lady just referred to, it was the dog that did the harm to the fox or the neighbour’s cat, not the human being. That is where the distinction arises. Had he been torturing any of the animals, he would immediately have fallen foul of this Bill.
Sue Hayman
But if any person directs an animal to do such appalling harm, should not that person bear some responsibility?
The Sentencing Council recommends that if a defendant pleads guilty at the first reasonable opportunity, the sentence may be cut by a third, so someone who commits the most serious crime against animals and pleads guilty could end up serving only four months in prison. I think we would all agree that that is an incredibly inadequate sentence for some of the crimes we have heard about.
The Minister mentioned that many people have campaigned for the increase, and I would like to mention groups such as the League Against Cruel Sports, the Dogs Trust, Blue Cross, the RSPCA and Battersea Dogs & Cats Home, all of which have campaigned strongly for the measure, having previously expressed concern about the leniency of sentencing.
Mr Jim Cunningham
We should pay tribute to those organisations for all they have done over many years. Battersea Dogs & Cats Home has done an excellent job—in fact, my hon. Friend probably met its representatives when they came here last week.
Sue Hayman
I agree absolutely. There has been huge support for increasing the sentences for animal cruelty, and Battersea Dogs & Cats Home has been particularly keen to get the law changed.
I support the Minister absolutely in his view that we need to crack down on dog fighting and hand down the sentences that are appropriate for that crime. The Dogs Trust says that the woefully inadequate sentences currently available are cause for serious concern—as the Minister said, we have some of the shortest sentences worldwide. I am pleased to hear that Wales is also to take forward these measures.
There is no parity in the law—for example, if someone harms a service dog, the penalties are much higher than if they harm a pet or a farm animal. We believe that wild animals too should be covered. There is also no consistency in sentencing: a person can be sent to prison for three years if their dog injures a guide dog, but if they beat a dog to death the maximum sentence is six months. In Northern Ireland, five-year maximum sentences are already in place. It is important that we achieve consistency across the UK. Hopefully, the recent consultation in Scotland will enable us to harmonise the law right across the UK.
The Minister mentioned the connection between animal cruelty and criminal behaviour. We know that people convicted of animal cruelty are five times more likely to have a violent crime record, and that animal abuse is 11 times more likely in domestic violence situations. That is another reason why we need to act now. The legislation will protect not only our beloved animals but people, too. In addition, the Government need to place a statutory duty on local authorities to enforce the Animal Welfare Act, so that it has proper teeth, and to give local authorities adequate resources with which to enforce the regulations under the Act.
If the Government are serious about animal welfare, they must introduce the measures in the other half of the original Bill to enshrine animal sentience in law after we leave the EU. Even better, they could get behind the private Member’s Bill promoted by my hon. Friend the Member for Bristol East.
Animals have the same welfare needs and any attack on them has the same impact on their welfare, regardless of whether they are a domestic pet, a police dog or a wild animal. They all feel pain; they all suffer. The people who harm them all need to feel the full force of the law.
Giles Watling (Clacton) (Con)
Do the hon. Lady’s comments about the welfare of animals also apply to animals that are bred for slaughter?
Sue Hayman
All animals need to be looked after to the best of human ability and should not be abused. We need the highest standards possible in slaughterhouses and abattoirs.
The Opposition welcome the Bill and will support it today.
Sir Oliver Heald (North East Hertfordshire) (Con)
It is a great pleasure to follow the hon. Member for Workington (Sue Hayman). I agree with many of her comments about the importance of the sentencing increase applying generally to cases of animal cruelty and various other offences under the Animal Welfare Act, and how there should be no distinction between particular offences. I welcome the Bill because as well as increasing sentences for animal welfare offences in respect of all animals, it has a special relevance for me and those of us who supported Finn’s law, the Bill that became the Animal Welfare (Service Animals) Act 2019.
When I first met my constituent PC Dave Wardell and Finn, who live in Buntingford, and heard their story, I knew we had to try to change the law. Finn had been badly injured in October 2016, saving Dave’s life in an attack by a knife-wielding suspect, yet there was no separate penalty at court for the attack on this service animal, and the charge was criminal damage, treating Finn as though he was just a piece of kit. Because a seven-year-old police dog is not worth much money and criminal damage is judged by the value of the damage, no separate penalty was imposed at court for the harm done to Finn, despite the fact that the dog was almost killed in the attack, faced a four-hour operation, and had saved his handler’s life. Solicitor Sarah Dixon started a national campaign for Finn’s law that has united press, public and politicians. Both the Daily Mirror and The Sun have supported Finn’s law, and a petition raised over 125,000 signatures.
I first drafted a Bill based on Qanto’s law—a Canadian law named after another brave dog—and was given permission by the House to bring it in as a ten-minute rule Bill in December 2017. I discovered that Ministers had reservations. After many discussions and lots of pressure from supporters, I decided that a different approach was needed—one based on measures in Western Australia. Ministers were worried that, were we to have only an offence of attacking a police dog carry a sentence of five years’ imprisonment, it would not reflect properly the point made by the hon. Member for Workington that the same maximum sentence should be available for ill treatment of all animals. Ministers agreed to go with the Western Australian approach and I presented the replacement Bill, which became the 2019 Act.
The original Bill was drafted with a maximum penalty of five years’ imprisonment for an attack on a service animal, but Ministers made it clear to me that my new Bill should make it straightforward to prosecute under the Animal Welfare Act for causing unnecessary suffering to a service animal and they would bring in this Bill to increase the sentence for Animal Welfare Act offences against any animal. I have therefore always regarded this measure as Finn’s law part two—putting in a proper maximum sentence.
I had great support for my Bill from Members of all political parties, including the author of the original Animal Welfare Act, the right hon. Member for Exeter (Mr Bradshaw). It took many months, but we made progress. Lord Trenchard took the Bill through the House of Lords, and Royal Assent was given on 8 April, as has been mentioned. The Act is now in force. Importantly, Finn attended Parliament on all occasions and helped to get the support we needed. When the Bill finally got through in the other place, Finn let out a loud bark in the Public Gallery, to the amusement of many noble Lords and Baronesses. Very few ten-minute-rule Bills become law, so it was a great moment.
The Finn’s law campaign has maintained the social media pressure, and holds a twice-weekly twitterstorm called “Finn hour” which has been directed very effectively to help change the law. Every mayor and all the police and crime commissioners in our country have supported Finn’s campaign. It has been a privilege to work with the team and to see the part two Bill introduced.
Let me just read out some of the comments I have received from Finn’s law campaigners about this Bill. I have received hundreds of messages of support during “Finn hour”. People have said things such as:
“There are far too many instances of animal cruelty reported every day. The increased sentences are needed urgently”;
“Here’s wishing the Animal Welfare (Sentencing) Bill a speedy and successful passage”;
and:
“Hopefully, a speedy passage. Finn ‘barks’ for…the country”.
It is also important that, in time, this should cover Scotland and Northern Ireland. My colleague Liam Kerr MSP has been pressing in Scotland, and we have met Nicola Sturgeon, with Dave and Finn, and there is now a consultation in Scotland. That shows that Finn is a very effective dog. We are also in touch with Northern Ireland MPs.
Finally, the House may be interested to hear that since the passing of the Bill, Finn, already the most decorated police dog, has continued to collect awards: he won at Crufts; he has been given the freedom of the town of Buntingford; and he was recently a finalist on “Britain’s Got Talent”, where his story and Dave’s pitch for this Bill to become law brought the great Simon Cowell to tears. So, I welcome the Bill; Finn’s law part two takes a big step forward today.
Angela Smith (Penistone and Stocksbridge) (Ind)
I strongly welcome the measures in this short, simple Bill. I emphasise “simple”, because that is how it needs to stay in order to get it implemented quickly. The changes are long promised, long needed and long overdue.
There is a perception among many people, including, importantly, members of the judiciary, that the sentences available to the courts at the moment to deal with serious offences of cruelty are inadequate, despite the UK having some of the most progressive animal welfare legislation in the world. As we have heard, the maximum penalty for the most serious cases of animal cruelty is still only a maximum of six months in prison, an unlimited fine and/or a ban on keeping animals. Given the level of serious animal neglect, cruelty and violence against animals every day, that does not seem to be acting as a deterrent.
The Minister gave the example of the man who received only a 26-week jail term after he was found guilty of kicking a four-month-old puppy to death. We heard from the shadow Secretary of State about another example, that of the Lancashire man who received only a 22-week sentence and was disqualified from keeping animals for life after the RSPCA obtained a video of him setting his dogs on a pet cat and a fox.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
I thank the hon. Lady for making such an important speech. Does she agree that cruelty and a lack of empathy towards animals often translates into cruelty and a lack of empathy towards people? As a psychologist, I know that part of the psychopathy checklist we used to do with patients to measure sociopathy was animal cruelty.
Angela Smith
I completely agree with the hon. Lady. Indeed, that was a point I made in the Second Reading debate on the Bill that became the 2006 Act, and I will say more about that later.
When we compare ourselves with every other European country, we see that the maximum sentence for cruelty to animals in England and Wales is woeful. A substantial number of European countries have already legislated for a maximum sentence of between two and three years, and in some cases it is up to five years, as the Minister pointed out. Further afield, Canada, Australia and New Zealand already offer a maximum of five years’ imprisonment. Even within the United Kingdom, the maximum sentences in England and Wales pale in comparison with Scotland’s one-year sentencing power and, even more so, with Northern Ireland’s sentencing power of up to five years. I pay tribute to Northern Ireland for having made progress on this before any other devolved Administration or indeed the UK Parliament. I also recognise that Scotland has announced a consultation on proposals to increase sentences to five years, and I hope the Scottish Parliament sees that consultation through and implements stronger powers, so that we can all be in line and be in the same place as a United Kingdom.
There are several reasons why sentences for animal cruelty need to be increased, not the least of which is that public attitudes have no doubt changed in the 10 years since the passing of the 2006 Act. I served on its Bill Committee and I recall the contribution of the hon. Member for North Herefordshire (Bill Wiggin), who led for the shadow team. I remember those sittings clearly. It is now becoming more obvious that the courts, too, want to be given the option to pass tougher sentences for extreme forms of cruelty, with many magistrates and judges asking for an increase in the punishments they have at their disposal. Without this increase in sentencing powers we could also be in the invidious position of facing the prospect of no prison terms for animal cruelty or for fighting with animals being available to the courts, if the Ministry of Justice’s proposal to abolish sentences of six months or less is taken forward and implemented. We need to bear that in mind, and it is another reason why this legislation is so important.
I also want to draw attention to the link with domestic abuse. Blue Cross has pointed out that research clearly suggests a link between animal abuse, domestic abuse and other serious crimes. It found that women in domestic violence shelters were 11 times more likely to report that a partner had hurt or killed pets in the home, as the shadow Secretary of State pointed out. The research also shows a direct correlation between cases of animal abuse and cases of child abuse, with children at risk in 83% of families with a history of animal abuse. It should not surprise any of us to hear that. We need to do more as a society to join up the investigative powers of social services, the education system and the animal welfare charities, which work so hard to identify cases of animal abuse in homes up and down the country. We could do more to encourage joint working between these different agencies and charities to raise awareness of where the risk lies to animals, children and women, and to people generally.
Before I draw my comments to a conclusion, I want to pay tribute to the Chair of the Select Committee on Environment, Food and Rural Affairs, of which I am a member, for his leadership of our inquiry—the pre-legislative scrutiny we carried out on the original Bill, which put animal sentience provisions and animal sentencing powers together in the one Bill. It was a very good inquiry, and the recommendation we clearly made was that the two sets of provisions needed to be separated and that we needed to implement the sentencing powers provisions quickly. I am only sorry that it has taken so long to get to this point. A number of Opposition Members have asked the Secretary of State repeatedly when we were finally going to see this Bill on the Floor of the House. We have got here now, so I will leave that there, and just say that I am thankful to be able, at last, to get this on to the statute book.
I hope that the Bill will quickly pass its legislative hurdles and gain Royal Assent later this year, because we need to see these measures enacted. I take the point that there are various other issues that could be addressed in these provisions, such as extending the powers to cover cases involving wild animals, but I think we just need to get on and get this Bill through Parliament and on to the statute book. I know that the animal welfare charities are keen that that should be the case. I have been contacted and asked, “Please keep it simple.” So I understand the debate about other areas of animal welfare policy, but let us just get on with this. It is long overdue and we need to get on with it.
Sir Oliver Heald
I very much agree with what the hon. Lady is saying. Does she agree that as we are towards the end of the Session and have a limited window in which to do this, we really need to get it done?
Angela Smith
I take that point entirely, although it is not the fault of Opposition Members that we are up against it in the way that we are, with, I hope, the Session due to end at some point soon and the Queen’s Speech on its way. We do need to get on with this, and we should keep it simple.
The measure is supported by all the major animal welfare charities. I pay tribute to the work on this issue by Battersea Dogs & Cats Home, Blue Cross, the Dogs Trust and the RSPCA, all of which are worthy charities that I have worked with over a significant number of years. I also wish to mention World Horse Welfare, which of course feels strongly about this issue and needs to be included in any list of tributes to the animal welfare sector for the campaign to increase the sentencing powers.
It is right that the situation in England and Wales comes into line with that in the rest of the UK and in other western countries. I repeat that the current limit of six months, which is often reduced by a third if the defendant pleads guilty, is clearly not adequate and does not act as a deterrent, as shown by the fact that many of the associations that deal with animal cruelty have reported increases in cruelty, especially of the most serious types, despite the Animal Welfare Act being on the statute book.
I conclude by saying again: can we please just get on with this and get it implemented? Let us give the courts the powers that they need.
Sir David Amess (Southend West) (Con)
It is a pleasure to follow the hon. Member for Penistone and Stocksbridge (Angela Smith), who has been a consistent champion of animal welfare since the moment she was elected to this House.
Hooray—Parliament is doing something! At long last we are making it worth while to come here. Colleagues should recognise that this is a broken Parliament. Why is it broken? Because we had an ill-advised general election, which my party obviously decided to hold. It was a disastrous result from my party’s point of view. We lost our majority and cobbled together some sort of alliance with the Democratic Unionist party. It has taken the business managers, who have come and gone over the past two years, a long time to get a grip on what to do in this sort of Parliament. At long last, they seem to have realised that there are things we can do. The Chief Whip has just disappeared, but one of his colleagues is on the Treasury Bench. I say to the business managers: if my party is struggling with a legislative programme for the new Queen’s Speech, why not consult the hon. Member for Southend West? I have a whole range of measures on which I think we could get some sort of cross-party support. Our constituents are very frustrated about the situation. If we are not going to have a general election, we cannot just keep on discussing meaningless motions. We have to get on and do something, and we could do a whole raft of things that could improve the quality of life in this country.
There is no point in our legislating on anything unless we enforce the legislation, so I was puzzled by the exchange earlier when my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) challenged my hon. Friend the Minister about cruelty to tethered horses. I listened to an Adjournment debate led by my right hon. Friend the Member for Harlow (Robert Halfon) on that very same issue. It is a puzzle to me, because in 1988, through a ten-minute rule Bill that became an Act of Parliament—the noble Lord Hogg was the Minister at the time—we got on to the statute book an Act to stop horses, ponies and donkeys being cruelly tethered and to make sure that they were properly watered and fed. For goodness’ sake, what has happened to that Act of Parliament? I realise that the longer we are here —I will come to the point made by my hon. Friend the Member for North Herefordshire (Bill Wiggin) in a moment—the more we are forgotten, but that is an Act of Parliament. If we have the law already, it is no good people jumping up with suggestions; we need to do something. We need to enforce the law that already exists, so I hope that my hon. Friend the Minister will do something about that.
John Redwood (Wokingham) (Con)
Does this measure not try to address that very point? We are all extremely frustrated that a good law is not being properly enforced; this measure might help.
Sir David Amess
My right hon. Friend, who has years of wisdom and experience, is yet again absolutely right. My hon. Friend the Member for North Herefordshire (Bill Wiggin) mentioned the fact that had he been listened to in 2006, the measure we are discussing would have already happened.
I am not going to fall out with the Opposition, but the hon. Member for Workington (Sue Hayman) has heard me say before that when the new Labour leader became Prime Minister in 1997, he and his team consulted a huge range of animal charities, and there was, over Labour’s 13 years in government, some disappointment about the failure to deliver. That is except for one issue, on which I might fall out with one or two colleagues, and that is foxhunting. I have always felt—in those days, there were just four or five of us—that the Labour party did a good thing on foxhunting. However, I absolutely empathise with my hon. Friend the Member for North Herefordshire in respect of those 13 years.
Anna Turley (Redcar) (Lab/Co-op)
I just want to add to the debate something that has not really been discussed. The most recent Labour Government introduced the Animal Welfare Act 2006, under which provision was made to increase sentencing to imprisonment of up to 51 weeks and a fine not exceeding £20,000. We did amend the law, but it never got enacted, which was bizarre. It is important to recognise that we did try to take steps. I do not know why that was not enacted.
Sir David Amess
I do not think we can have an intervention on an intervention, but the hon. Lady makes a good and valid point that it seems my hon. Friend the Member for North Herefordshire is going to deny.
Bill Wiggin
I am afraid I am. I urge the House also to consider the case of lost dogs, which are now returned to councils rather than to the police. The criminal justice legislation that would have changed sentencing in the way the hon. Member for Redcar (Anna Turley) just mentioned was never brought forward by that Labour Government, so I am afraid the buck stopped very much with the Labour Government of the time. Indeed, the Minister concerned subsequently served at Her Majesty’s pleasure himself.
Sir David Amess
Madam Deputy Speaker, I have already been speaking for six minutes and I have not even started my speech, so I need to move on quickly. We want to get this legislation on to the statute book quickly, and people will be frustrated.
My right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) mentioned Finn’s law. Given that you are a fellow Essex Member of Parliament, Madam Deputy Speaker, and that my hon. Friend the Member for Clacton (Giles Watling) was interested in the matter, I should say that I was privileged to be at the event at which Paul Nicholls, together with the chief of police, unveiled the monument to police dogs. I met Finn and the whole thing was just a tear-jerker. My right hon. and learned Friend spoke about the dog barking when the legislation went through the House of Lords, and I can testify to that.
Now to my brief speech. It is true that a dog is a man’s best friend but, as we have heard already, there are too many examples of cruelty. There is a danger that we will talk about more and more horrific things, such as dogs being forced to fight against each other and the latest thing, which is sport trophy hunting. How is it that companies can be trying to attract Brits to go abroad, where these magnificent animals are enclosed, so that they can cut off their tusks and heads and so on? It is absolutely barbaric. Shame on anyone who goes on one of those holidays.
I am told that 26% of households in the United Kingdom own a dog and 18% own a cat. The vast majority of British people look after their pets well. We have one or two farmers present; introducing children to animals at an early age is a good way to get them to treat animals well. I know that not all children can necessarily empathise with animals, but I think that that would help. I join others in saying I am so glad that, as a developed country renowned for its historical championing of animal welfare, we are to have this legislation.
In 2017, the RSPCA investigated 141,760 complaints. That is a huge number. In 2018, the RSPCA phone line received 1.1 million calls. I am sure that none of them was made from the constituency of my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), but an awful lot were certainly made in Essex. The way in which the animals are protected is the first vital part of the Bill. The second important part is that it will act as a deterrent. The Bill recognises that the root of the problem is really with animal abusers, and although it may take a few months to kick in, all the literature that I have read agrees that this legislation will act as a meaningful deterrent.
There are too many examples of animal cruelty. Recently, in a national newspaper, we heard about a French bulldog that had just had puppies. How could someone have chained that dog to a car—we all saw it—and dragged it along the road? That is just horrendous, and the person responsible has still not been caught. I am glad to say that the RSPCA is on the case.
Just last week, The Independent reported that a driver in Somerset was luring birds on to a road with chips before mowing them down. That is sick behaviour beyond belief. In another shocking example, which took place at the end of last year, a man in the UK hit a dog with a hammer and strangled it with a washing line just because it was getting on his nerves—perhaps he had mental health problems. None the less, these are absolutely despicable incidents, and they are happening in our country.
Mr Mark Francois (Rayleigh and Wickford) (Con)
My hon. Friend mentioned dogs. He will recall that, seven years ago, he and I helped to co-open the Dogs Trust Rehoming Centre at Nevendon in my constituency. I visited it again last week. Will he join me in commending the superb work that it does, rehoming nearly 900 dogs a year? If he wants to talk about compassionate, loving and focused animal welfare, the Dogs Trust is about as good as it gets, and Lisa Cooper and all her staff there are a living embodiment of that.
Sir David Amess
And the Dogs Trust will be very pleased with that plug that my right hon. Friend has given it. I was there. It is a magnificent Dogs Trust, and my own family has had two rescue pugs from it over the years. It is absolutely fantastic.
My right hon. Friend has just reminded me that, when I entered this place for the first time, animal welfare did not have the high priority that it does today. That is not criticising the background of colleagues; it is just saying that we did not give the matter as high a profile as we do today. I do remember, though, that when my right hon. Friend the Member for East Yorkshire had a wonderful debate on monkeys, the House was absolutely packed—but that was quite a rarity.
Sir Greg Knight
I pay tribute to my hon. Friend for all the work that he has done on this subject during his parliamentary career; he is really committed to the issue of animal welfare. I hope, therefore, that he will be prepared to volunteer to be a member of the Committee on this Bill, to see that the Minister does indeed look at the important issue of enforcement.
Sir David Amess
Embarrassingly, my right hon. Friend recognises that I am susceptible to flattery, but as I am on the Panel of Chairs, I do not think that I can also serve on the Committee, much as I would like to.
Let me go back to the Protection Against Cruel Tethering Act 1988. When my right hon. Friend the Member for Rayleigh and Wickford was a councillor in Basildon, we opened the horse and pony sanctuary in Pitsea. It is tragic that this big event has been completely whitewashed and here we have legislation and it is not even being enforced. That is very disappointing.
Controversial lady though my good friend Ann Widdecombe is, she and I introduced a ten-minute rule Bill for endangered species some time ago. I am very glad that the Animal Welfare Act 2006—she was still here then—has been as effective as it has.
In 2017, the RSPCA investigated all these complaints. My final point is that there have been only 1,492 prosecutions, so we have a huge number of complaints—more than 1 million phone calls—but very few prosecutions. I hope that my hon. Friend the Minister will address that. It is very good that we are increasing sentences from six months to over two years, but is there a problem with resources? Do we not have the enforcement officers with local authorities? I am told that the cost of everything that we are putting in place today is about £500,000, which I realise is an awful lot of money.
Bill Wiggin
I think that my hon. Friend is suggesting that he would like to see the number of convictions going up. Actually, I would like to see the number of convictions going down, because people who are committing acts of hideous cruelty are going to prison for a lot longer and are therefore less likely to do the same thing again and are less likely to involve an animal. We should judge this not by the number of convictions, but by the success with which the Bill delivers proper justice for those creatures.
Sir David Amess
My hon. Friend articulates the point that, hopefully, this sentencing will be an effective deterrent, so we will not have the same number of complaints.
On 23 May, I asked a question in this House about the lack of animal welfare officers in local authorities. I hope that the Minister might have some news on that, because, possibly, 440 RSPCA inspectors and 50 welfare officers are not enough to tackle this problem.
I repeat: this is a broken Parliament; but in a perverse way, I am glad that animals have benefited from the legislative opportunity that has arisen because it is broken. May we, in the weeks and months ahead, pass much more legislation such as this.
Anna Turley (Redcar) (Lab/Co-op)
It is always a pleasure to follow the hon. Member for Southend West (Sir David Amess). There is a rare outbreak of consensual agreement across the Benches today, which I am proud to be part of.
All of us who are speaking in the Chamber today are speaking on behalf of those who do not have a voice. We are speaking on behalf of those whom it is our human duty to protect, to feed, to care for and to love. In particular, I speak today on behalf of Baby the bulldog and of Scamp the dog and, of course, of so many other animals who have met their sad end at the hands of humans. They should have been nurtured, stroked and loved, but instead they were ultimately abused and then killed.
I am very glad finally to have the opportunity to speak to this Bill, which has, as has been said, been a long time coming. I was proud to spend the night in Parliament in July 2016, as I queued for a private Member’s Bill that was pretty much, word for word, the Bill that we have here today, and I am so pleased to see it here in paper. That Bill sought to increase the maximum sentencing for animal cruelty from six months to five years, building on a lot of work that had been done in the past, but sadly, that Bill was objected to by the Government Whips and never made it to Second Reading, and then ultimately fell with the onset of the 2017 general election. Of course, I am delighted that it is here, and I will not hold what happened against the Government. A few months later, I am delighted to say, they saw sense and announced support for the policy, and here we are today.
The change in law has been a long time coming. For too long animal abusers have been getting away with a slap on the wrist, and this Bill will finally, I hope, bring justice for the thousands of animals who have suffered human cruelty. Like the hon. Member for Southend West, I did not come to Parliament expecting to champion animal cruelty. It was an incident of the most horrific cruelty in my constituency that caused me to understand the scale of what is happening around the country, and made me determined to make a difference and to change things. I apologise for some of the graphic details that I am about to share, but it is really important that we understand the reality of what is happening, and has happened, in the country and what has driven us to bring about this change in law today.
Baby was a small bulldog who was cruelly abused by Andrew Daniel Frankish in Redcar. Baby was held aloft by Andrew Frankish at the top of some wooden stairs before he repeatedly threw her down them, laughing as his brother filmed it. Baby was completely submissive throughout the episode, not even making a noise as she landed on the stairs, bouncing to the foot them and crashing through a baby gate to the floor. Her neck was stamped on and she was thrown to the floor with force over and over again. Her small chest was jumped on with the full body weight of one of the Frankish brothers.
One of the men said, “See if we can make it scream any more. We should throw it down the stairs by its ears,” before picking her up, throwing her against the wall, headbutting her twice and throwing her down the stairs again. Baby was tortured and beaten by those who were supposed to care for her. The whole horrible ordeal was filmed by the brothers for their entertainment, and they are heard laughing on the mobile phone. Baby should not have had to suffer that horrific abuse, but she did, and sadly was put down shortly afterwards. The evidence was found two years later on a mobile phone that happened to have been dropped on a supermarket floor; but for that, those two young men would never have been brought to justice.
We would hope that Baby would have seen justice after what she had been through, but sadly not. Despite the hard work of the police, the RSPCA and all those who gave evidence, the brothers were convicted of causing unnecessary suffering to her by subjecting her to unnecessary physical violence—an offence under the Animal Welfare Act 2006. But she was let down because the two brothers received a suspended sentence, just six months’ tagged curfew and £300 in costs. No one in this Chamber or the country can possibly feel that the justice system did its job that day.
That was when I decided to try to amend the law to ensure that sentences fit the crime in horrific cases such as this, and I was pleased to present my Animal Cruelty (Sentencing) Bill two years ago. During the progress of that Bill, another horrific incident in my constituency made the case for a change in the sentencing law even more pressing. A small dog named Scamp was found buried alive in woods near Redcar with a nail hammered into its head. The perpetrators pleaded guilty to offences under the Animal Welfare Act and were sentenced to just four months—not enough time for reflection, punishment or rehabilitation.
John Redwood
I thank the hon. Lady for bringing these horrendous stories to the attention of the House; they are very powerful in making the case that we all want to make. I thank her for what she is doing.
Anna Turley
I really appreciate that sentiment; that was very decent of the right hon. Gentleman. So often these cases bubble up in the media but then disappear. If this place is for anything, it is for responding to situations such as this and acting. I am proud that we are all here today to do that.
Scamp, as I said, was found buried alive. The people of my constituency were horrified by the two cases I have mentioned. I pay tribute to their response. Vigils were held in my community for those animals. Hundreds of people came to lay flowers and candles and to send out the message, loudly and defiantly, that the perpetrators do not represent our community. They do not represent the people of Redcar, who are decent and kind and love animals. But the people are angry: they feel that the criminal justice system has let them down, as do the majority of people across our nation of animal lovers.
On researching how these crimes could have resulted in such impossibly lenient sentences, I was astonished to find that the maximum sentence for any form of animal abuse is just six months’ custody. Incredibly, that has not changed since the Protection of Animals Act 1911, which was introduced, essentially, to make it an offence to override or overload animals pulling loads on the street or in pits. The law is lagging a century behind. If we are to continue declaring ourselves to be a nation of animal lovers, this Bill is necessary to send a loud and clear message that we take animal cruelty seriously.
I join others in paying tribute to the animal welfare organisations that have supported this campaign and for their efforts—day in, day out—in saving and protecting animals and investigating crimes. Specifically, I would like to thank the RSPCA, the Dogs Trust, Battersea Dogs & Home and the League Against Cruel Sports. I also thank the wider public for their contribution to the progress that the Bill represents. Colleagues across the House will have been lobbied by many of their constituents who have passionately held views on the need to protect animals and ensure that sentencing is a proportionate punishment.
Mr Francois
I entirely endorse the remarks of my right hon. Friend the Member for Wokingham (John Redwood) about the powerful contribution that the hon. Lady has made. I pay tribute to her powerful track record on this issue. We are often called a nation of animal lovers. Does the hon. Lady agree that love is not enough? We also need protection. This Bill will now help to protect the animals that we all love.
Anna Turley
The right hon. Gentleman is right. As I said in my introductory comments, as human beings we have a duty of care, love and protection towards animals who have been bred alongside us for thousands of years and that we have cared for, protected and nurtured. That is our responsibility to them. I hope that this legislation will send out the message and that anyone who cannot understand it will be dealt with severely.
I also thank my community in Redcar and Teesside who have shown their compassion and given the Bill so much support—signing petitions and responding to the terrible acts with a determination to help change the law.
I take on board everything that has been said about getting the Bill through as quickly as possible and I have no wish to slow its progress, but before I finish I want to bring an issue to the Minister’s attention, as I will throughout the Bill’s progress, to make the most of the opportunity. It concerns the trend of filming animal cruelty with the aim of sharing and uploading videos to social media. As I said, Baby’s aggressors deliberately filmed their despicable acts for entertainment. There are many examples on social media of video clips of cruelty going viral—people kicking cats or tormenting small animals. The perpetrators are not content simply with inflicting injury on animals; they are motivated by the prospect of the films going viral, getting hits and being shared. That is grotesque and demonstrates a greater level of malicious intent, which possibly requires a specific deterrent. I urge the Government to consider the possibility of an aggravated sentence for those who film themselves undertaking such acts. I will table an amendment in Committee and ask the Government to support it.
Finally, I want to say a word about Baby and Scamp, because it is in their names that I sought to change the law. We will probably never know the full level of cruelty and torture that those silent and defenceless animals endured. We can only begin to imagine the pain experienced and the fear that they felt. We cannot undo the suffering caused to them, but we can show each other that such cruelty has no place in our communities, and that such depraved behaviour will face the punishment that it deserves. I wholeheartedly welcome this Bill—Baby’s Bill—and I thank the Minister for bringing it forward. I look forward to voting it through, to put right the injustice and send a message that our society will not tolerate cruelty to our best friends.
Giles Watling (Clacton) (Con)
It is a great honour to follow the hon. Member for Redcar (Anna Turley), whose stories of Baby and Scamp were very moving. They do not have a voice—we are their voice, and we must shout as loud as we can. I am grateful to be appearing in my first sequel—“Finn’s law: the sequel”. I will not take up too much of the House’s time this afternoon.
To put my position simply, I am in favour of this Bill and the changes that it will introduce, as are my constituents in Clacton, many of whom keep animals and have contacted me to ask that I support the Bill. I am pleased to do exactly that today, because an increase to the paltry maximum penalty of six months’ imprisonment for animal welfare offences, some of which we have heard about today, is so long overdue. As the Dogs Trust put it, the current sentences are woefully inadequate and far too low to deter offenders. I agree with that depressing conclusion and know that this Bill will go some way to correcting the shortcomings in the current legislation.
Moreover, as has been mentioned, the Bill will bring us into line with the legislation in other countries and parts of the United Kingdom and restore parity to the law, which, curiously, currently affords some animals stronger protections through higher sentences for abuse.
Perhaps most crucially, the Bill will shift punishment away from fines and on to serious prison sentences. That is an important change, as the courts may not currently impose large fines unless the offender can repay them in a reasonable time. That leaves us with too many abusers evading proper justice through short custodial sentences or paltry fines. To my mind, that is not an effective deterrent and I believe that that is why cases of abuse remain stubbornly high; the RSPCA investigated nearly 140,000 cruelty complaints last year, with 1,678 convictions.
As a keen advocate of animal welfare, I have heard too many harrowing stories of animal abuse. I have some first-hand experience of the aftermath: I went out on patrol with our dedicated local RSPCA officer Sam Garvey. We came across an animal close to death—not because of deliberate cruelty, but due to ignorance and neglect. That is another issue that we must pick up and run with, to make sure people know what is happening. The Bill will go some way towards bringing that into focus.
Many years ago, as I have mentioned here before, I took part in breaking up a puppy farming ring in Wales, where I saw dogs and puppies kept in the most appalling conditions. However, it was like a game of whack-a-mole: once we had broken one up, another came up straight away. I know too much about animal abuse in this country—for me, any case of abuse is one too many. I will do all I can to stop this cruelty occurring. I am the owner of three wonderful, extremely noisy dogs, so this is a personal issue for me. I promise my dogs, when I get them, “I am going to give you the best life possible—I will look after you, and when that moment comes when I have to be firm, I will also do that too, and give you as good an end as possible.”
This Bill will introduce a strong deterrent. We are a nation of animal lovers, and we want to see the punishment fit the crime. The Bill will also, as the hon. Member for Penistone and Stocksbridge (Angela Smith) mentioned, give judges the option of a higher custodial penalty, which they have been asking for for some time. I am therefore grateful to the Government for bringing forward this Bill, which is another example of our positive record on animal welfare, having already secured key changes such as the ban on third-party puppy and kitten sales, the prohibition of wild animals in circuses, CCTV in slaughterhouses, and the new—rather complicated —regulations that came into force last October to protect animal welfare.
However, while I truly celebrate our past achievements, I still want us to go further and cement our status as a global leader in animal welfare by continuing to raise the bar. We can do that only by relentlessly moving forward on animal welfare. That needs to include a ban on live animal exports when we leave the EU, a proper recognition of animal sentience when we leave the EU, and better labelling of meat products to de-incentivise the overproduction of religiously slaughtered meat that is then brought inadvertently on to the mainstream market. We must also do all we can to stop the unbelievable cruelty to cats and dogs around the world by setting an example in introducing a ban on consumption of their meat here in the UK. Certainly, those are conversations for another day—perhaps when considering a comprehensive animal welfare Bill, which I look forward to seeing in this place soon.
However, there are also ways in which we can maintain the positive trend of animal welfare developments that we have seen under this Government. This Bill is another positive example, which is why I will vote for it today and hope that it makes speedy progress through Parliament. In doing so, though, I would like to raise a concern brought to my attention by the Dogs Trust, which set out—this has been touched on by my hon. Friend the Member for Tiverton and Honiton (Neil Parish)—that although the increased penalties are welcome, they will inevitably see some cases taken to the High Court, with potentially lengthy proceedings to follow. That means that dogs seized during proceedings will spend protracted time in kennels while the cases goes through the courts. This has a potential impact on the dogs’ and cats’ welfare, and that seems to be counterproductive to the intention of this Bill. There are also capacity and cost issues involved in keeping a large number of dogs for such a long period. I assume that there will be a similar impact on other seized animals. Given that I have not yet been able to see an impact assessment for this Bill—I do not know whether one is planned—I do not yet know whether this has been considered by the Government. I therefore ask the Minister to say something about it in his closing remarks, or to me later, if possible.
I very much look forward to having the pleasure of voting for a piece of legislation that will do more to protect animals in the UK from abuse. As I have said many times before, it is a great honour to represent the constituents of Clacton. My mailbag is full of animal welfare concerns, and I know that today I am speaking for my constituents. For me personally, when I leave this place—in the hopefully very distant future— I will look back on debates and votes like this with pride at the positive action I was a part of taking, as Paul O’Grady so famously says, for the love of dogs.
Kerry McCarthy (Bristol East) (Lab)
I start by paying tribute to my hon. Friend the Member for Redcar (Anna Turley). I am not very good at doing the more emotional stuff—perhaps it is the former lawyer in me—but I must admit that when she was talking about what had happened to Baby the bulldog, I found that very difficult to listen to; I think we all did. That is particularly because when I was growing up our family had a bulldog called Buster, who was a very fine dog, much loved and spoilt by all of us. The idea that somebody could treat a bulldog, or indeed any living creature, in that way, film themselves doing it and relish that experience, is terrible. As my hon. Friend said, it was purely by chance that the perpetrators were ever apprehended and prosecuted. I was going to say “brought to justice”, but I think we can all agree that they were not really brought to justice, given the lenient sentence that the courts were forced to impose.
I very much welcome the fact that this Bill is being brought forward today. As we have heard, it has taken far too long. My hon. Friend brought forward her private Member’s Bill in 2017. We have not had an adequate explanation as to why the Government objected to that legislation. We then had pre-legislative scrutiny on the EFRA Committee. It was clearly not the sort of legislation that had to go through pre-legislative scrutiny—it was a very simple Bill. The argument now being used is that, because it has taken so long and we are about to adjourn for the summer recess, it is important that this Bill goes through with very little scrutiny and without any amendments—that it should just be raced through.
If there has been a delay, that is the Government’s fault. That cannot be used as a reason not to try to explore some broader issues, particularly my hon. Friend’s suggestion that we should look at introducing a more severe penalty for those who have filmed themselves indulging in such cruelty, which betrays the particular mindset of the individuals involved. I hope that we can have a fully fleshed out discussion in Committee of the issues involved, but I am very keen to see this Bill on the statute book as soon as possible.
Possibly one of the reasons why the Bill went to pre-legislative scrutiny in the EFRA Committee is that it was at the time paired with the sentience issue. Again, that was a very short Bill; there was one paragraph on sentience. As my hon. Friend the Member for Workington (Sue Hayman) said, I have introduced a ten-minute rule Bill on sentience. When the Minister appeared in front of the Select Committee, he said that the Government were looking for a suitable vehicle to bring the sentience proposal forward. As the hon. Member for Southend West (Sir David Amess) said, there has been so much time in which we could have done so. Yesterday, when I went into the Division Lobby to vote, I found myself not quite remembering what to do, because it had been so long since I had done it. I stood there looking at the Division Clerk and thought, “Oh yes, I am meant to give them my name!”
We have not been dealing with legislation and voting. Most of this type of legislative stuff could be dealt with in one day, yet the Government have almost had to be dragged kicking and screaming to bring forward measures such as those on wild animals in circuses, which took eight years to get to this place and is pretty much uncontroversial, as is this Bill. I do not see why that took so long. Finn’s law is great, but that process went on for quite a long time, as did the legislation on third-party puppy sales and CCTV in slaughterhouses. If we did nothing else but simple animal welfare measures, as the hon. Member for Southend West said, we could come up with a whole list of them to keep us occupied while we were waiting for the Brexit impasse to be resolved. To buy off a rebellion on the European Union (Withdrawal) Act 2018, this House was promised in late November or early December 2017 that sentience would be legislated for before we left the EU. If the amendment in question had been pushed to the vote, I think the Government would have been in serious difficulties. They are therefore under a moral responsibility to bring forward this legislation as soon as possible.
The debate so far has been mostly about dogs and domestic animals; there has not been much discussion of farm animals. I get quite impatient when I hear it so often stated that we are a nation of animal lovers. That seems to show a degree of complacency and self-congratulation, because there have been absolutely horrific exposés by undercover investigations of what is going on, even in high-welfare farms. For example, Animal Equality brought a case to court fairly recently after it had gone undercover and filmed workers at Fir Tree farm in Lincolnshire kicking pigs in the face, jabbing them with pitchforks and slamming gates on their heads. At the beginning of this year, they received an eight-week suspended sentence and 100 hours’ community service. There does seem to be a bit of disconnect. Pigs are very intelligent animals. I can see why people perhaps feel more empathetic about cruelty to pets because there is a direct relationship, but if people are going to eat meat, we have a duty to respect the animals in the food chain. Those people should certainly have had much longer sentences, and it should not have been left to an organisation such as Animal Equality to do undercover investigations to reveal the case.
Animal Equality has also just revealed footage from a chicken farm that supplies Nando’s, Lidl and Asda—it is very much part of our mainstream food chain. The chickens were kicked and abused on the farm. They were stepped on, which broke their necks. Again, this was a red tractor farm. Whenever those responsible for the red tractor scheme are put on the spot, they say that it is a one-off, and the reason why animal welfare groups such as Viva! or Animal Equality went into those farms is that rumours had been heard about them, and these are the rogue guys; they are not indicative of what is happening across the piece. However, if we look at what Viva! discovered about the way that pigs were being treated on Hogwood farm, it seems that this is just the tip of the iceberg. If these are the higher welfare farms, what is going on at the farms that do not have a red tractor mark? We need to do far more to investigate standards on our farms and in slaughterhouses. I know that there is now CCTV in slaughterhouses, but there have been horrific stories.
I am keen for the Bill to go forward, and I do not want to delay it, but there is scope to look at some amendments. The Minister has said that there might be a larger piece of animal welfare legislation, or it might be tied into the environment Bill or the agriculture Bill—I have heard lots of different rumours about what might be coming forward. I urge him to look at issues such as live exports. I do not understand why a ban would only be on live exports for slaughter and not fattening. I do not see the difference, because the cruelty is in the journey that the animals have to take.
We need to look at vivisection. The number of animal experiments continues to rise. I am not opposed to genuine scientific advances or genetic research, but so many of these experiments are totally unnecessary. If we leave the EU and its chemicals testing regime, we could find that we are doing far more duplicate animal experiments, and we need to be more serious about reducing those numbers.
The final point that I want to make is about shooting. We heard recently, as a result of inquiries that I made with the League Against Cruel Sports, that 27 million game birds are being imported into the UK to be shot for so-called sport each year. They are raised on factory farms in France, Spain, Portugal and Poland with standards that we would not accept. Regardless of what we think about shooting birds for sport, we should be challenging the likes of Eurotunnel for bringing in so many of these birds to facilitate a very cruel pastime. We certainly ought to be looking at the conditions in which the animals are transported. If we are going to have a shooting industry, I do not see why we cannot insist that either the birds are raised in this country or eggs are imported, rather than live animals.
There is a lot more to do. I welcome the Bill, and I am hoping to serve on the Bill Committee. I hope that we can get it passed into law before too long. Once the Minister has got this out of the way, there are many other things on his to-do list to turn to.
Sandy Martin (Ipswich) (Lab)
I would like to join the Minister in thanking all the Members who have brought us to this point over the years—13 years, according to the hon. Member for North Herefordshire (Bill Wiggin). I would like to thank my hon. Friend the Member for Redcar (Anna Turley) in particular, as well as the hon. Member for Tiverton and Honiton (Neil Parish) and my hon. Friend the Member for Bristol East (Kerry McCarthy), who have pushed this forward over the last two years. It is good to see something that was promised to us two years ago finally come to the House.
My hon. Friend the Member for Coventry South (Mr Cunningham) made a point about what the maximum sentence would apply to. It is worth saying that the Bill is not about inadvertent mistreatment; it is about serious and deliberate cruelty. Several Members have made the point that deliberate cruelty to animals is an indicator of likely cruelty to humans, and especially domestic violence.
I agree with the hon. Member for North Herefordshire that eventually, it will be possible to save money if the number of prosecutions falls. To achieve that, we need to create the expectation among people who are thinking of being cruel to animals that they will be prosecuted and, in extreme cases, face heavy sentences, which means we must ensure that the Bill is put into place properly and properly policed. If we can deter this sort of cruelty, it will help to deter domestic violence. Any law-abiding society that applies the law properly saves money. Even if it does not save money in the short term, due to imprisonment or court costs, it will save money in the long term through encouraging and forcing people to abide by the law. We should not be counting the cost when it comes to abiding by the law; we should be ensuring that we are a law-abiding society.
Much of the cruelty that takes place is part of serious criminal activity. We are not just talking about lone criminal acts. In some cases, we are talking about international dog-fighting rings, with serious money involved. To clamp down on these rings, we need serious sentences. Dog fighting is a good example of where I part company with the hon. Member for North Herefordshire. It is not a human being hurting a dog—it is a dog hurting a dog—but what happens to animals in most cruelty cases is a direct result of the attitude of the human beings who are responsible for those animals. We cannot say that we will not prosecute a case simply because another animal has created that violent situation. If a human being is meant to be responsible for that animal, they need to be responsible for what that animal is doing. I look forward to dog fighting becoming as much a part of the past as cock fighting and bear baiting.
There are serious issues about which animals should be covered by this legislation. The Opposition are not necessarily convinced that every animal that needs to be covered will be covered. Wild animals and farmed animals have been mentioned. Several campaigning organisations have contacted us—I am sure they have contacted other Members—to suggest all sorts of areas where the Bill could be improved. At some stage, we will need a comprehensive and effective animal welfare Bill, as the hon. Member for Clacton (Giles Watling) said. I believe that a Labour animal welfare Bill will probably be more comprehensive and effective, but that is something for the future.
We do not want to allow our wish to improve the Bill to get in the way of passing it. We will put forward things that we think might improve it, but the most important thing is that we get a quick resolution of this specific issue and pass the Bill. I am proud and delighted to join my hon. Friend the Member for Workington (Sue Hayman) in commending the Bill to the House.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)
I would like to thank the Members who have made valuable contributions to this important debate. As has been explained, one of the key purposes of the Bill is to ensure that there is a deterrent to animal cruelty by extending the maximum sentence possible. The many examples that have been given, particularly by the hon. Member for Redcar (Anna Turley), will reverberate among those for whom the welfare of animals is close to their heart. I am on to my fourth rescue dog, and it is noticeable that when a dog’s history is not known, they often flinch when they see people of a certain character, which perhaps reflects the horrendous experience they have been through. They often require a lot of extra training and support to recover from that.
I genuinely hope that this legislation, which has good support, will make quick progress under the stewardship of the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley). I should point out that the Bill is just one element of the action that the Government intend to take to improve animal welfare. There have been a number of pieces of legislation, and I hope they will soon be joined by this Bill and the Wild Animals in Circuses (No.2) Bill, which is progressing well through the other place.
I now turn to the points made by individual Members. The hon. Member for West Bromwich West (Mr Bailey) mentioned feral cats. It is important to state that the Animal Welfare Act 2006, which this Bill is modifying, covers protected animals. In its legal definition, a protected animal is a vertebrate animal of a kind commonly domesticated in the British Isles. This Bill ensures that stray dogs and feral cats will be covered.
Several Members, including my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) and my hon. Friend the Member for Southend West (Sir David Amess), have referred to the issues of horse tethering. The Animal Welfare Act 2006 and these new maximum penalties will absolutely apply to horse tethering where that leads to unnecessary suffering. Horse tethering is fully covered in the equine welfare code made under the 2006 Act, which gives clear guidance on appropriate tethering. Anyone not tethering in line with the statutory code risks prosecution under the Act. My hon. Friend the Minister recently hosted a roundtable with local authorities and welfare bodies, and he agreed to share best practice on enforcement on this very specific issue.
The hon. Members for Workington (Sue Hayman) and for Ipswich (Sandy Martin) both mentioned wildlife, as did the hon. Member for Bristol West. The House will be aware that this Bill is specifically about amending the Animal Welfare Act 2006. Other legislation does apply to wildlife, with different levels of penalties that can be imposed, including unlimited fines. However, I am conscious, as they are, that the commitment was specifically made to amend this Act. Who knows whether there will be opportunities for further legislation in a new Session of Parliament, if—dare I say it?—we are ever allowed to prorogue so that we can move on to the next Queen’s Speech. That is a matter for debate on another day.
It is important, as my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) said, that we consider Finn’s law part two, or the sequel, but this Bill does actually provide good strengthening. He referred to other parts of the United Kingdom, but it is important to say that this is a devolved matter and the Government take that seriously. I want to commend him and others for their national campaign and what they have been doing to take the case to other parts of the United Kingdom. As the hon. Member for Penistone and Stocksbridge (Angela Smith) said, Northern Ireland is already at that stage, and we will be joining it.
The hon. Lady mentioned the Lord Chancellor’s proposals about custodial sentences. My right hon. Friend is considering the issues relating to more minor, short-term custodial sentences. He is on record as saying that there is a very strong case to abolish sentences of six months or less altogether, with some closely defined exceptions, but any such proposals do not affect this Bill, which is about increasing the maximum available penalty for animal cruelty to five years. It may apply to the more minor offences under the Animal Welfare Act, but those offences, such as in section 9, do not generally attract a custodial sentence now, and an unlimited fine will continue to apply.
We also have the issue of the sentencing guidelines. The Government have already been in contact with the independent Sentencing Council about the change to the maximum penalty, which we hope Parliament will introduce shortly. There is already an existing sentencing guideline in relation to animal cruelty offences under the Act. It was reviewed and updated by the Sentencing Council as recently as 2017. However, I am pleased to say that the council has confirmed that, once the Bill is passed, it will consider the need to revise the guidelines and any revision would involve a public consultation.
Angela Smith
I am grateful to the Minister for the clarification she has given, but let me be clear that, in my speech, I was absolutely defending the need for this Bill in the context of the potential change in the law in relation to six-month sentences, which I think strengthens the need for this legislation. That is all I will say.
Dr Coffey
I entirely agree with the hon. Lady’s point, which is why I am sure the House welcomes what she has said and also the progress on the Bill.
The hon. Member for Redcar referred to filming and to making this an aggravating factor. I think this is a very useful point, and we will certainly raise it with the independent Sentencing Council. As I have said, it has already indicated that it will consider and revise the guidelines once this Bill has become legislation.
One of the things my hon. Friend the Member for Southend West mentioned was enforcement. Under the Animal Welfare Act 2006, it is for local authorities, the Animal and Plant Health Agency and indeed the police, which all have powers of entry, to inspect complaints of suspected animal cruelty and take out prosecutions, where necessary. It is for local authorities to make decisions about what they consider to be local priorities, rather than for the Government to decide. However, it is important that local authorities have the opportunity, as they do now, to continue to work in close partnership with others. We know that the RSPCA does investigate allegations of cruelty. It has successfully prosecuted between 800 and 1,000 people on average every year, and in doing that, it does a very valuable job.
My hon. Friend the Member for Clacton (Giles Watling) mentioned the impact of animals being held in kennels. I think it is fair to say that we do not necessarily expect a large number of cases to come before the Crown court, where the issue about the length of time may arise. At present, we estimate that about 25 cases that would previously have been held in the magistrates courts may well now be held in the Crown court. However, we consider that only a very small number of animals may need to be held in kennels for an extended period.
We cannot say from the Dispatch Box today precisely what decisions will be made about which animals would need to be taken away from the owner while somebody is awaiting sentencing, and such an action would not necessarily follow. However, it is also important to state that the Animal Welfare Act has provisions that allow a court to disqualify anyone from having animals, if necessary for life, if they have been convicted of an offence.
The court can also issue orders under section 3(6)(b) of the Bail Act 1976 to prevent the commission of further offences while on bail. The courts can make the sale of existing animals, and indeed a prohibition on owning animals, a condition of a defendant’s bail. It is important to stress that courts already have the power not only to prevent people on trial for animal welfare offences from acquiring new animals, but to remove the animals they already have. I do not believe we need further legislation to bring that about.
On what was said by the hon. Member for Bristol West, this legislation does apply to farmed animals. It is about animals that are under the care and protection of humans. I am pleased that she recognises the things we have done on animal welfare.
Dr Coffey
I am going to try to answer the points the hon. Lady made, and I have said that I would then give way.
We have made CCTV mandatory in slaughterhouses in England, as she has pointed out. As she is aware, we are considering carefully the export of live animals. The Farm Animal Welfare Committee has recently submitted its advice on the welfare of animals in transport, which includes advice on controlling live exports—not only to the Government, but to the devolved Administrations. We are considering that carefully, and we aim to publish it with a Government response in due course.
Kerry McCarthy
All I wanted to say was that the Minister has twice referred to me as the Member for Bristol West, and I am the Member for Bristol East. I would have thought she would know that by now, because we do tend to go head-to-head rather a lot.
Dr Coffey
I do apologise. The hon. Member for Bristol East (Kerry McCarthy) was not here at the start of the debate, and I thought my hon. Friend the Minister had referred to her as the Member for Bristol West, but I do apologise.
On the other issues that have been raised, I was pleased to hear from the Members who made contributions today. A number of interventions were made by my hon. Friends the Members for North Herefordshire (Bill Wiggin) and for Tiverton and Honiton (Neil Parish), and my right hon. Friends the Members for Wokingham (John Redwood) and for Rayleigh and Wickford (Mr Francois), as well as by the SNP spokesperson on these matters, the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). It is important that we continue to make good progress in Committee, so that we can bring this Bill swiftly back to the House and it can make its way to the other place. With that, I commend this Bill. The Bill represents the fact that we are a nation of animal lovers, and it certainly reinforces that.
Question put and agreed to.
Bill accordingly read a Second time.
Animal Welfare (Sentencing) Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Animal Welfare (Sentencing) Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 25 July 2019.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Mike Freer.)
Question agreed to.
Animal Welfare (Sentencing) Bill (First sitting)
Tuesday 23rd July 2019
(5 years, 4 months ago)
Public Bill CommitteesRead Full debate Animal Welfare (Sentencing) Bill 2017-19 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 23 July 2019 - (23 Jul 2019)
The Chair
Welcome, everybody. Before we begin, I have a few preliminary announcements. First, please switch off electronic devices or put them on silent. I remind you that tea and coffee are not allowed during our sittings. We have copious water, if that is the right adjective, and please feel free to drink it in these temperatures. Date Time Witness Tuesday 23 July Until no later than 10.15 am RSPCA; Battersea Dogs and Cats Home Tuesday 23 July Until no later than 1100 am Metropolitan Police; Bindmans LLP
Today, we will first consider the programme motion, which is on the amendment paper. We will then consider a motion to enable the reporting of written evidence for publication and a motion to allow us to deliberate in private about our questions, before the oral evidence session. I assume we have to go through that, even though we have no one in the Public Gallery. In view of the time available, I hope we can take these matters formally, without debate.
Ordered,
That—
(1) the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 23 July) meet—
(a) at 2.00 pm on Tuesday 23 July, and
(b) at 11.30 am on Thursday 25 July;
(2) the Committee shall hear oral evidence in accordance with the following Table:
TABLE
(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 2.00 pm on Thursday 25 July. —(David Rutley.)
Resolved,
That, subject to the discretion of the Chair, any written evidence received by the Committee shall be reported to the House for publication.—(David Rutley.)
The Chair
Copies of written evidence the Committee receives will be made available in the Committee Room.
Resolved,
That, at this and any subsequent meeting at which oral evidence is to be heard, the Committee shall sit in private until the witnesses are admitted.—(David Rutley.)
The Chair
We will now begin our public sitting and hear evidence from representatives of the RSPCA and Battersea Dogs and Cats Home. I remind Members that questions should be limited to matters within the scope of the Bill and that we must stick to timings—I will be ruthless on that. Do any Members of the Committee wish to declare any relevant interests?
Good morning to our witnesses. Will you introduce yourselves for the record?
Claire Horton: I am Claire Horton, chief executive of Battersea Dogs and Cats Home.
Michael Flower: I am Michael Flower, deputy head of prosecutions, RSPCA.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
Q
Michael Flower: I will start, if I may. It is important that sentencing is increased because the current maximum penalty does not reflect the serious offences that we see in the animal cruelty world. There is a huge upsurge in public opinion, which seems to want increased sentences. We have encountered comments from the judiciary in our prosecutions and they would also like to see higher penalties so that they could deal adequately with the types of offence that have been encountered.
For example, we would be looking for increased sentence in cases such as “man pours lighter fluid on a dog and sets it on fire” and “man puts kitten in microwave, switches it on and kills it”. We have had recent cases involving puppies being kicked to death. We had a recent case involving two men who wanted to kill a dog, with some reason to do so, but rather than take it to the vet, one chap hammered a nail into the dog’s head. Then they buried the dog, and the dog was still alive. I could go on, but I don’t think I need to. Some of the cases we are encountering are, frankly, awful.
Claire Horton: I endorse everything that my colleague has said. I think probably the most significant case that brought it home to me and really kicked this off was Baby the bulldog, which Ms Turley has fought for significantly. That is the most horrific example of animal cruelty: it was filmed on a mobile phone; people joked and laughed and deliberately sought to cause injury to that animal. The sentence that they got was a matter of weeks. The sentences are way too low given the scale that we see this happening: six months is the maximum, with a 20% reduction if a defendant pleads guilty. Battersea, as well as the RSPCA and other animal rescues around the country, sees almost on a daily basis animals coming in as victims of cruelty.
Luke Pollard
Q
Michael Flower: We would have to concede that there are differences with the legislation. The Animal Welfare Act 2006 protects animals that are considered protected animals. Broadly speaking, those are domestic animals. It does include wild animals if they are under the control of man. Some cruelty cases will involve wild animals, such as a badger or a fox, which often are caught during illegal hunting activities. Those animals will have dogs set on them. We had a case in Wales recently where a group of men were involved in that activity, and a young baby badger was skinned alive by two dogs pulling at each end.
Some offences relating to wild animals will be caught by this legislation. Some will not be. The crux is whether the wild animal is under the control of man. In some circumstances that is not the case, whatever cruelty is perpetrated upon them. In an ideal world, at some point in the future I hope there will be some merit in looking at animal-related sentences across the board, because we have the Protection of Badgers Act 1992, the Deer Act 1991 and Wildlife and Countryside Act 1981, which protects wild birds, but all those animals can be caused to suffer in the course of other activities. The Bill does not solve all problems for all animals, but, given that the vast majority of cruelty cases that are prosecuted relate to domestic animals, it is an extremely important first step.
The Chair
Trudy Harrison indicated that she would like to ask a question, presumably on the same theme.
Trudy Harrison (Copeland) (Con)
Q
Michael Flower: I certainly hope so. To my mind, one of the great drives behind the Bill is to try to deter people from committing those offences. I go back a few years working for the RSPCA, and one of the main drives we had for bringing in the welfare offence at the time of the original Act was to introduce to English law preventive measures to stop animals being caused to suffer. The RSPCA is about preventing cruelty, not prosecuting it. We will prosecute it where offences are committed, but we want to prevent it. I hope that, if there is a five-year custodial sentence, that will act as a deterrent. It seems to me that there is a huge difference between an offender serving a 16-week custodial sentence, as is the case at present, and serving two and a half years. That must make some difference to some people, and it can only be beneficial.
Claire Horton: We are aware of research by the University of Birmingham and similar research in Italy that found even a relatively small change in sentences can have a significant deterrent effect. Certainly, given some of the examples we have cited, the sentence at the moment is disproportionate, considering that the sentence for fly tipping is five years, the sentence for theft is seven years and the sentence for driving while disqualified is significantly more than this. For someone who knowingly and determinedly kills animals in the way you have heard about, there has to be a deterrent. There has to be a punishment that fits the crime. At the moment, it just does not at all.
Of course, as was said, there is significant public and cross-party support for this change. I think people recognise that we need to be seen to be taking this seriously and to be acting. Certainly, at the moment, we are the worst of 100 countries in the sentence we offer. Battersea did some research in 2017—I am sure most of you have already seen it, but I have brought some copies for the Committee’s benefit, which I will leave here—that looked at sentencing for animal cruelty in England and Wales. We surveyed 100 jurisdictions around the whole of Europe, the US and Australia, and all of them, including Ireland and Northern Ireland, had higher sentences than England. We really do need to act on this, and we need to do it soon.
Sir Oliver Heald (North East Hertfordshire) (Con)
Q
Michael Flower: The Sentencing Council has actually produced sentencing guidelines for Animal Welfare Act offences already—the most recent version was introduced in 2017, I think—and they contain examples of aggravating features. As a prosecutor, we find them very useful. We would certainly welcome the Sentencing Council revising those guidelines to take account of the Bill, if it is enacted. In fact, I suggest that it is essential that it does. We have had an indication somewhere down the line that it is prepared to look at this fairly quickly if the Bill comes into force. Yes, I would definitely welcome Sentencing Council guidance.
Sir Oliver Heald
Q
Michael Flower: Oh yes, it gives you much more scope, because in that short period of six months, when you take account of discounts for early guilty pleas and so on, you have a very limited band in which to work, so five years should improve the situation quite considerably.
Claire Horton: Yes, we agree with that. Certainly, we are expecting up to five years to be used for the most serious offences, and aggravated offences come under that banner. We would certainly welcome the capacity and the ability to do that.
Sir Oliver Heald
Q
Michael Flower: All those should be aggravating features. Some already are, under current guidelines. The use of an animal to cause injury to another is also an aggravating feature at the moment. Another aggravating feature that already exists, and that should continue to exist, is cruelty to multiple animals. Although the examples I have cited have all been physical abuse of an individual animal, there are some very serious cases involving the wholesale gross neglect of multiple animals. It can be a horse dealer with 100 horses, and the vast majority of them are in a suffering state. In my view, that must become an aggravating feature.
Claire Horton: Of course, the law now is that if an animal—a dog—attacks a service dog, then the owner can receive up to three years’ imprisonment. However, if that owner himself attacks that service dog or any other dog, the owner would get up to six months, and that is it.
Sir Oliver Heald
I think there is an overwhelming case. Thank you very much.
Anna Turley (Redcar) (Lab/Co-op)
Q
Building on Sir Oliver’s point about aggravating, I have an interest in filming and the use of social media. Is the filming of incidents of abuse and harassment for entertainment on the increase? How is that affecting your ability to prosecute or to take cases forward, and could that be an aggravating element in the seriousness of a case?
Michael Flower: We receive quite a number of complaints that make reference to the social media site Snapchat. The figures I have seen show that in 2015 there were 27 complaints that mentioned Snapchat, and in 2018 there were 214. That would tend to indicate that there is a significant increase.
On an individual case-by-case basis, I am often asked why cruelty continues and seems to be increasing, and why serious cruelty seems to be increasing. I do not really know the answer, but I have a very strong suspicion that social media is a contributory factor. I have children who are on Facebook and so on, and a lot of people on these sites seem to live an almost artificial life, where they want to glorify their activities. One way a proportion of people seem to do it is to commit acts of cruelty and then put them on the internet so that others can see it. It is damaging, because it is almost publicising and promoting cruelty. To my mind, this is yet another aggravating feature. I believe that the Sentencing Council will recognise that fact—it has included that in the current sentencing guidelines. That is all positive, but it is an issue and I am sure that it leads to more cruelty.
From an enforcement point of view, it is sometimes helpful, because if we can secure the material that is being posted, we have pretty good evidence of what is being done by which individuals to which animals. It does not always work, because some of the material on these social media sites is deleted very quickly and cannot always be retrieved. It is quite surprising that we have had a number of pretty high-profile cases, including dog fighting. In one of the last cases I dealt with, they were going into fields in Bedfordshire, I think, and staging fights in the middle of the field and filming them. Then they put it on social media, where one of our researchers saw it and we were able to deal with the offending. It is a mixed blessing. It helps to perpetuate cruelty and it does not always solve it.
Claire Horton: We see that in all sorts of other issues. It is not just in animal cruelty; it is in everything. It is people trolling young people and encouraging suicide. Social media has an awful lot to account for. Certainly, anecdotally, I would agree. I agree, actually, that in some places it is quite useful to have that footage. It works as some sort of shock tactic, for many people. It raises awareness for many people, but it also drives copycat behaviour with others. That is probably the real concern. I don’t think it is going away any time soon, but the more we can be clear about our intolerance of that sort of behaviour and how it is punished, that has got to help in tackling these crimes.
Anna Turley
Q
Michael Flower: I do not think it is the social media companies that take them down. From people who know about these things—I am not one of them—my understanding is that on Instagram, for example, where a lot of people seem to post images, it automatically comes off after 24 or 48 hours, so it comes and goes.
Bill Grant (Ayr, Carrick and Cumnock) (Con)
Q
Michael Flower: The footage tends to come to our attention partly by other people who have seen it reporting it. That is particularly common with juvenile offenders of school age, where peers in school will see their friends publicising themselves on one of these sites and are appalled by it, and so they report it. We do have officers who tend to trawl the internet looking for evidence of cruelty, particularly the more organised crime, such as large-scale puppy trading or dog fighting. I cannot recall a time when we have had to go to one of the internet company providers. I do not know what sort of reaction we would get. I am not aware of it being done.
Sarah Newton (Truro and Falmouth) (Con)
Q
My question follows on from the discussion we have just had. It strikes me that there are, as Claire said, a lot of similarities with other types of crime, such as the sexual exploitation of children and how the internet is used there. What lessons should we be learning about raising awareness and educating people that this is absolutely unacceptable in our society? As you mentioned, children, who will be exposed at home and on social media, might be tempted to copycat. What more can we do to raise awareness that it is unacceptable, that these are crimes in our country, and that the people who perpetrate these crimes, or who are associated with them, will encounter the full force of the law?
Michael Flower: When we had discussions with the Department for Environment, Food and Rural Affairs about the Animal Welfare Bill, one of the important things that had to follow its enactment was publicity to educate the public that the law had changed and to make it clear that there were now new requirements for animal care, particularly in relation to the duty of care offence. When DEFRA introduced the codes of practice for domestic animals, that did not really happen.
Were this Bill to be enacted, I would again say that there needs to be a fairly significant media campaign to educate the public—to say that this is a new law with new penalties and that the Government and the country take the crime seriously—and to drive that message home to them. We try to educate people. Most of the work our officers do—although we talk in here about investigations and prosecutions—is about educating and advising people, and providing guidance to resolve problems before we get to the prosecution stage. We can put the message out, and I am sure that other agencies and charities will do so, but the Government need to do that as well—it needs to come from on high.
Claire Horton: I think it is a partnership. We work very closely with the Government in other areas. Certainly, as an animal welfare sector, all the agencies work closely together. We all know each other well and share common ground when it comes to issues such as this. Certainly, we are able to join with the Government to share messaging—it does not matter what sort; we will happily do it.
There is a multitude of messages that we are trying to get out to people. One is how to make wise choices and decisions about the purchase of puppies, because puppy farming and illegal puppy smuggling and dog breeding are always huge issues. How do we make people much more aware of responsible ownership? How do we stop animals getting out and worrying livestock? How do we make people think differently about all manner of things? There is always a danger that messages can get mixed up—that they get muddled and ultimately people become blind to awareness messages that are constantly hitting them. It is about thinking carefully about the nature of the message, how it is put out to the population and what methodology or channel is used, which is quite important.
Earlier, I mentioned copycat behaviour, which worries me a lot, because of the issue of promoting responsible ownership as it relates to animal cruelty and not being cruel to animals. Inevitably, in those messages, we will be giving examples of animal cruelty and there will always be people who pick those messages up in the wrong way and go and do it. None the less, that does not stop us needing to be clear about this.
Ultimately, the biggest deterrents will be a much harsher sentence, a much more serious punishment and naming and shaming. One of the interesting things about the internet and some of the cases we have heard about is that when those perpetrators’ identities become public, life can get difficult for those people simply because of the public reaction. I make no comment on that, other than that it can clearly work in different ways when people or the issue are exposed.
The Chair
I will come to Sandy Martin and then the Minister. We have 15 minutes left, so perhaps you can ensure that the Minister has plenty of time to ask his questions.
Sandy Martin (Ipswich) (Lab)
Q
Michael Flower: No, I can’t say I have encountered that. From my experience, the courts tend to consider the nature of the offence, rather than the animal, which is entirely right. You cannot really differentiate between extreme cruelty to a dog, cat, fox or badger—if it is cruel, it is cruel, and that is the way the courts tend to look at this, which is the right approach.
Claire Horton: I cannot give an answer to that I am afraid, as I have no experience of court sentencing.
Sandy Martin
Q
Michael Flower: Yes, I think that is right. There is already a clear distinction, and legitimate pest control continues. The Animal Welfare Act 2006 does not prevent that, and the Bill does not change that situation. I do not think the RSPCA has an issue with pest species animals being killed if that is done humanely—that is key. Cruelty is causing suffering unnecessarily, and there is a clear distinction.
Sandy Martin
Q
Michael Flower: I think it would be sensible, and I believe an amendment has been tabled that there should be a review after two years. I am not convinced that there will be sufficient data in two years to do that properly. If the Bill were to be enacted in the next three or four months, it would be a couple of years before results started filtering through the court system. A review would be welcome from our point of view because there might be anomalies between the Animal Welfare Act and other animal welfare protection legislation, such as the badgers Act. If this Bill is enacted, we must consider how sentencing can be applied to other areas.
Claire Horton: I agree with that. The Bill is clear and has been introduced because of the recognition that animal cruelty is a serious issue. We would be concerned by anything that slowed its progress. It is fairly uncontentious, and I urge Members to get this bit through, and to consider issues of review and inclusion once we have more evidence further down the line.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
Q
Michael Flower: Yes, that would definitely be our view. Personally, I think that increasing sentencing is long overdue; it was unfortunate that that was not included in the Animal Welfare Act 2006. It is now clearly overdue, and needs to be implemented as soon as possible. The extremely narrow scope of the Bill should make it easier to push it through quite quickly, which would be very welcome from our point of view.
David Rutley
Q
Claire Horton: Very much so.
David Rutley
Q
We had a bit of a conversation about sentencing guidelines in terms of Anna’s important amendment, and views and concerns about videos. Are you convinced that the guidelines help you in your job and will have teeth? I have that confidence, but it is important for Committee members to hear, particularly from the RSPCA, that in the work that you do and more generally there is a view that the guidelines can be of assistance and are meaningful.
Michael Flower: They certainly are from the RSPCA’s point of view. Those of us who deal with prosecutions for the RSPCA will frequently refer to the guidelines because they give a clear indication of how society in the broader context may view these types of offence. The aggravating factors, which we referred to, are listed. Obviously, the more aggravating factors there are for a particular behaviour, the greater the likelihood of prosecution should be. They tend to give us a very useful steer.
David Rutley
Q
Claire Horton: Absolutely, and I would agree. The entire welfare sector is of the same view. We are very comfortable.
The Chair
In the absence of any further questions from Members, I thank both witnesses for their evidence, and move on to the next panel.
Examination of Witnesses
Mike Schwarz and Inspector Paddy O’Hara gave evidence.
The Chair
Good morning. We will now hear from a representative of Bindmans LLP—is it Bin-dmans or Bind-mans?
Mike Schwarz: Bind-mans.
The Chair
There was a 50:50 chance of getting it right first time. We will also hear from a representative of the Metropolitan police. Will the witnesses please introduce themselves for the record?
Inspector O'Hara: Good morning. I am Inspector Paddy O’Hara from the Metropolitan police. Today, I represent the national policing lead for dangerous dogs and companion animals.
Mike Schwarz: My name is Mike Schwarz. I am a solicitor, working in the criminal system. I am a consultant at Bindmans.
Luke Pollard
Q
“concerns about the impacts of a significant increase of potential sentences in one area of animal protection law, but not in other comparable areas.”
Is that about what happens with domestic animals versus wild animals? If that is the case, why do you have those concerns, and what might the implications be of increasing sentences in one area?
Mike Schwarz: Yes, it is precisely that: the danger of disparities and distortions, and even confusion, caused by the ramping up—that is not a critical comment—of maximum sentencing in one area, which is the domesticated and under-control-of-man area, while leaving well behind the maximum sentence in other areas. As you know, the disparity is between six months in most other areas—in the Hunting Act 2004, it is even less—and five years under the Bill. That may cause problems when it comes to sentencing.
The root of the problems is the Criminal Justice Act 2003, which is about sentencing, and two provisions in particular. The first is section 143, which says that the essential issues when it comes to sentencing are the culpability of the offender—that is not so relevant to today—and the “harm…caused”. That term begs the question why harm, cruelty and suffering in one sector are sentenced at a more serious level than in another. That is one provision that sparks potential problems.
The other provision is in section 152 of the same Act, when the court is required to look at whether the threshold for custody is passed. It is not a helpful comment—it is rather circular—but the section asks whether custody is justified and whether a fine or a community sentence is not appropriate. That begs the question whether the sentencing and custody threshold should be passed in one area when similar activity in another that causes similar suffering and harm might not reach the threshold. I can develop that if you like, but you might want to ask another question. I am happy to continue with that.
You know as well as I do that the “unnecessary suffering” provision in the Animal Welfare Act 2006 is perhaps key to today’s discussion. As far as I can see, “unnecessary suffering” is not significantly different in terms of cruelty from the animal affected in all the other areas of animal welfare and wildlife law. One thinks of the Wildlife and Countryside Act, the Protection of Badgers Act and the Hunting Act. We are talking about the same sort of serious offence and the same cruelty, so there is nothing to distinguish between the activities and the suffering caused in those areas.
That brings us to the obvious point, which is that different sectors of the same activity—animal welfare, animal care, animal husbandry—are treated differently. I cannot think of an area, although I am happy to be corrected and I might be wrong, where there is that difference in sentencing when it comes to the same offence. I am not an expert in the area, but one thinks about health and safety law and the same principal offences that apply. Obviously, the sectors are regulated differently, but it would be unusual in that and similar areas for the sentences to be significantly different for the same offence and the same mischief in one area than another.
Luke Pollard
Q
Mike Schwarz: Obviously, we are talking about sentencing here rather than defences. That is the starting point for now, but I agree entirely with your example about the rabbit, or the hare. If we think of a rabbit or a hare that is kept in a hutch by a child and that is being mistreated by the father, why should he be liable to such a significantly greater sentence than if he had just gone into a field to injure and be deliberately cruel to a wild hare? One can think of lots of other examples. You have heard the evidence already, but that encapsulates the problem of, why should things be treated differently? But it goes wider than that.
One disparity, which I am sure you are aware of, is that if one increases the sentence beyond six months—again, I am not saying that that should not happen; in fact, quite the opposite—that entitles a defendant to a Crown court trial. Therefore, a defendant—let us say the abuser of the rabbit in the hutch—would be entitled to a Crown court trial, whereas the abuser of the rabbit or hare in the field would not. That starts playing into the substance of the criminal justice process where one is entitled to a jury for apparently random reasons as a result of this perhaps artificial, though it appears inevitable, distinction that has been drawn.
One can think of other ways that the system is distorted, particularly for judges when they come to sentencing, or even for prosecutors when they decide whether to prosecute. For example, in the case of catching a badger or a fox for no other reason than for dogs to kill it, if one focuses on the impact on the fox, that is, arguably, in the wildlife area where there is a maximum sentence of six months. The fox dies. If one looks at the impact on the dogs that are controlled by a hunt or the abusers, they are “under the control of man”, as the Act says, and therefore if one focuses on the injury to the dogs, which invariably will survive, the maximum will be five years. That throws up another point, which is the question that was discussed earlier: what “under the control of man”, according to the terms of the Act, means.
For what it’s worth, and this has no legal weight as I don’t have any legal authority for saying it, my view is that just because a badger or a fox is caught, and if it is caught simply for the purpose of baiting and killing it, that does not make it not a wild animal, because that is part of the offence, otherwise every single offence would be caught by the protected species and domesticated animals provision. It might be different. If, for example, the fox or the badger was already in a domesticated or controlled setting and was then set upon, it might be different, but that plays into the point that because of the disparities in sentencing, any prosecutor in court, and particularly a judge sentencing, would need to bear in mind those considerations about what exactly is the definition of “under the control of man”.
Luke Pollard
Fantastic. I would like to come back to Inspector O’Hara later when other Members have put their questions.
Sir Oliver Heald
Q
Do you think there is a case for making the situation of the service animal clearer in the sentencing guidelines, and making it absolutely clear that it is an aggravating feature to attack a service animal? Inspector O’Hara might like to start on that.
Inspector O'Hara: Obviously, the service animal provision is relatively new, and we have yet to see how that will play out in court. I take quite a pragmatic view that the courts will be able to read between the lines with what is specifically written in the guidelines, to come to a correct conclusion in that regard.
Sir Oliver Heald
Q
Inspector O'Hara: Clearly, it is a matter for the judiciary, and not necessarily the police, to put that forward. We have certainly called over the past couple of years for an increase in penalties. That is something that we put forward with the Environment, Food and Rural Affairs Committee on companion animals a couple of years ago. I just think that we have not got the evidence base at the moment, with the service animals notion particularly, to suggest that it is posing a particular problem that requires a review.
Sir Oliver Heald
Q
The aim of the change in the law and, I hope, this increase in sentence is to have something that is more tailored to the situation. Is that something that you would recognise as worth while? Do you not think that the sentencing guidelines would need to be looked at in those new circumstances?
Inspector O'Hara: With any change in legislation or provision, a review of the subsequent sentencing is useful, because five years is a long period.
Sir Oliver Heald
Q
Mike Schwarz: That was obviously an important piece of legislation and I know you are rolling it out. I think the sentencing guidelines—the 2017 ones—on the Animal Welfare Act do cover that point. They say that if the animal is being used in public service or as an assistance dog, there is an aggravating feature, but that might not have the priority that you and others might wish to accord it.
Sir Oliver Heald
Q
Mike Schwarz: I would not come here either as an expert or a politician, but my personal answer is, “Yes, but.” The “but” may come in the proposed amendments, recommending a report or a review to see what disparities and distortions may be caused, with a view to that being the trigger to further analysis of the whole sector—or both sectors.
As I understand it, though others here will know better than I do, there was the existing wildlife law and then Labour passed the Animal Welfare Act to get domesticated animals on the same level. As you know, that makes things more advantageous for prosecutors in one sector, leaving another behind. That would be a reason for trying to build in some sort of process, such as a report or a review, to try to get the other sector back up to speed with the first.
Rosie Duffield (Canterbury) (Lab)
Q
Inspector O'Hara: Some research from the US in particular tends to suggest a link between animal-related violence and human-related violence. I do not know that we are quite so far advanced in this country to have the dataset available to help us understand that, but the five-year penalty broadly brings causing suffering to an animal in line with actual bodily harm, which is the human equivalent. That is something we strongly suggested at the last EFRA Committee.
Rosie Duffield
Q
Inspector O'Hara: I don’t know whether it would prevent that. We do not have a dataset that we can rely on in that regard, but it would certainly be a deterrent.
Alex Chalk (Cheltenham) (Con)
Q
Mr Schwarz, can I ask briefly about your helpful point on an apparent inconsistency between domestic and wild animals and explore a little bit about how much that matters? I am conscious that, if a robbery takes place and there are two robbers, one of whom is 18 years and one day old at the time of the offence and the other is 17 years and 360 days, they will be sentenced under different regimes, even though, as far as they are concerned, they are two young men of effectively identical age. Equally, if there is a traffic offence and a prosecutor decides the driving fell far below the standard of a reasonably careful and competent driver, they get charged with dangerous driving. Equally, if another prosecutor says, “Well, I don’t think it quite crosses ‘far below’, but it was below the expected standard, so I’m going to charge it as careless driving,” that offending would be sentenced under different regimes. Have the courts not shown themselves to be well able to deal with such discrepancies without any real manifest injustice to anyone?
Mike Schwarz: I can see I have struck a lawyer here. There is a difference, actually, and it is one of substance. There is a principle behind treating adults differently from juveniles, and a principle behind treating careless driving differently from dangerous driving. As we all know, the law has to draw a line because there is a reason for doing so. The distinction between the sectors of domesticated and wildlife animals, and treating them differently in terms of sentence, does not appear to have a principle, unless Parliament is saying that the animal suffers less in the wild as the result of unnecessary cruelty, or that it is more important to punish suffering in the domesticated area. For what it is worth, I think the suffering is the same, and it is for Parliament to decide whether the two should be distinguished from each other. That is where the distinction lies.
It begs the question of what the animal welfare legislation is generally about. It seems to be about protecting animals, punishing bad behaviour by humans and stopping it being propagated elsewhere. In the sentencing guidelines and the offences, however, there is no demarcation between sectors to say that one sector is more worthy of protection than the other is, which is why I go back to the point on the level playing field across the two areas.
Alex Chalk
Q
Mike Schwarz: Obviously I accept that the legislation can and should be passed, but with the health warning that it is creating a disparity. It is not an artificial, in-principle, lawyer’s type of disparity; it creates problems for judges to have a judge in the Crown court sentencing on one set of facts and in the magistrates court on another. If one looks at the guidelines, how is a judge going to sentence someone who has committed a very heinous act against a wildlife animal if his or her sentencing powers lead to the conclusion that the sentence should be lower than for a less heinous act in another area?
Defence lawyers, as you and others know, would have field day with that, saying that the principles of proportionality and fairness require examination. I heard that there was feedback from the judiciary about the existing law. One can only think about what the feedback might be, pending a formal review or report, or not, if this disparity were not only passed—and I am not saying it should not be—but passed without a commitment to reviewing and evening up the playing field.
Alex Chalk
Q
Mike Schwarz: I think that would happen, but it might bring the law into disrepute when, in the next court, something similar—
Alex Chalk
I take that point. Thank you very much. That is all I wanted to explore.
Anna Turley
Q
Inspector O'Hara: The majority of offences that I have seen prosecuted by the police are probably not cases that would hit the higher end of the sentencing bracket. They are largely cases involving an animal hoarder—generally somebody who has some mental health problems or another underlying reason for amassing 20 animals in a property. It is that sort of offence that we typically see day in, day out. At the last count, when I ran the figures for the EFRA Committee inquiry report a couple of years ago, broadly speaking—this is from memory—around 85% of the prosecutions were done by the RSPCA and about 15% by police or local authorities, with the burden of that shared by the police.
That typically tends to be my experience. We have not had any tail-docking cases that I can think of in London, but we have ear-cropping mutilations and general animal cruelty rather than organised crime or that more serious end of it. All those cases have been dealt with in a magistrates court so far, but the sentencing in London is fairly consistent because all those cases go to one court, although elsewhere in the country it is probably not so. Most of those cases are dealt with by way of a fine or other ancillary orders rather than imprisonment.
Anna Turley
Q
Inspector O'Hara: It is a very small number.
Mike Schwarz: I do not know whether I can add to that. The only point I would make, triggered by that thought, is about the position in Northern Ireland, where the unnecessary suffering provision in section 4 is not limited to domesticated animals but applies across the board. There would be a significant disparity of sentencing for exactly the same facts for a case in Northern Ireland compared with England and Wales if the Bill is passed. That is the only helpful contribution I can make, other than to refer to the existing sentencing guidelines, which are very helpful.
Sandy Martin
Q
Mike Schwarz: I would like to think the points I make are sound in principle and therefore one does not need a great deal of evidence in order to have that review. I am not being vain about it, but there are flaws in the structure of the Bill which, if recognised, merit a review. Having said that, I would not dismiss evidence or views, particularly from the judiciary.
You mentioned how the judges might be grappling with this. Suppose the Bill were passed today, the first prosecutions might come about in the next six to 12 months, particularly they were Crown court cases. After 12 months, there might be some instances where problems—or lack of problems—emerge. I see that there were about 700 or 800 prosecutions in 2018 under the Animal Welfare Act. During that year, there was likely to be a significant proportion of helpful cases. Soundings could be taken of the judiciary and it could be advised after the Bill passes that Parliament would be assisted by view.
It would take perhaps a year, if one attaches importance to evidence, but sooner if it is accepted that, as a matter of principle, the absence of a level playing field needs to be addressed earlier.
Sandy Martin
Q
Inspector O'Hara: Most definitely.
Sandy Martin
Q
Inspector O'Hara: It is not really my area of expertise. I generally stick to companion animals and the position on that should probably come from wildlife crime. I suspect it dovetails very much into Mike’s point around the disparity of the two genres, for want of a better phrase.
David Rutley
Q
Inspector O'Hara: The guidelines play a very important role for any offence because they are the starting point at which the court will look upon sentencing as to where the offence will sit along with any mitigating or aggravating factors. It is really key that those guidelines are there and that they are robust. Having them in place will ensure consistency across the board, depending on which courthouse the matter sits.
Mike Schwarz: As you know, there are two sets of guidelines: one is the overarching principles for sentencing in all criminal cases, which I referred to earlier when I talked about harm and culpability; then, as has been mentioned a number of times, there are the specific guidelines of the Animal Welfare Act and animal welfare laws. I think they are very good, but nothing should escape review. It is important that it is reviewed with the passing of this legislation.
Earlier we heard that the point that when the threshold for custody is passed is now more important, bearing in mind the threshold goes up and the length of sentencing goes up. So far, the guidance is just in section 152 of the Criminal Justice Act 2003, but the sentencing guidelines for animal welfare would benefit from some guidance on when the custody threshold is reached and what sort of sentences should lead to what greater lengths of custody. That exercise may throw up the disparity between the two areas, which is why I think a review is important and probably quite urgent.
Luke Pollard
Q
Inspector O'Hara: Typically in this topic, media have been led and have focused on case results and outcomes, on the back of some successful prosecutions with high sentencing. I think there is a key prevention message that can go out before the legislation comes through. There is one thing that worries me slightly: I have not known many people charged with animal welfare offences to enter a guilty plea at the first hearing. I can see that there will be quite a lot of cases, particularly if sections 4 to 8 are charged, where somebody will elect to go to Crown court, so it will be some considerable time down the road before we get those sentences coming through, but you might find that the cases that go up to the Crown court get no more severe a penalty than they would have got in a magistrates court. We have to manage our expectations of what that will bring.
In my other area of work, dangerous dogs, following the legislation changes in 2014 and the 14-year penalty that came in for a dog dangerously out of control causing death, we have not seen significant sentencing increases as a result of that legislation. While the current provisions are very good, and we very much support them and hope they will come in quickly, expectations in the court outcomes will need to be managed.
Luke Pollard
Q
Inspector O'Hara: I certainly do not think it will cause people to be more hesitant; the British public are a nation of animal lovers, and nothing riles people more than animal cruelty. I do not see a negative effect as a result.
Luke Pollard
Q
Inspector O'Hara: It is a difficult question because we are starting to see, and have been seeing for a number of years, a reduction in the number of section 1 dogs in particular coming to notice as status-type symbols. However, people are moving on to non-prohibited breeds, and we see quite a lot of those. Simple possession is not an offence in any way, so whereas a pitbull terrier would have been a typical dog in the past, there are now people with, for example, dogs that are larger than a pitbull terrier. Typically, we do not see a lot of dog fighting, and we do not see a lot of mutilations and ear-croppings, although we do see them occasionally, and they do come to note. If I look at my animal welfare offences prosecuted alongside the Dangerous Dogs Act 1991 offences, I am not necessarily sure that there is a real strong parallel. If anyone is charged with a Dangerous Dogs Act 1991 offence, mostly there are not really cruelty offences on top of that, other than in the odd case.
Thangam Debbonaire (Bristol West) (Lab)
I want to follow up some of the questions asked by Members. You may be aware of the wildlife law report from the Law Commission—There was a consultation, and recommendations were published in 2015. Among those recommendations was one that the patchwork of existing legislation be replaced by a single statute. This Bill does not cover wildlife, as we have said, but as mentioned by my hon. Friend the Member for Plymouth, Sutton and Devonport said, to our constituents that distinction would not be quite so understood. I do not see how our constituents who care greatly about animal cruelty will understand why there is a distinction, and why there is still effectively a patchwork. Whilst we welcome this Bill, it does seem to be doing that. Do you have any thoughts on the differences and the continued existence of what seems to me and to the Law Commission to be a patchwork?
Inspector O'Hara: It seems to me that we are pressed for time to put this Bill through. It would be a great shame, in my view, if we were to do that consolidation work now at the expense of this Bill. With the Animal Welfare (Service Animals) Act 2019 there has been a split into piecemeal chunks to get them through, essentially, and to get them in. There could perhaps be a review at a later date, as mentioned today in the Committee. A review could look at a consolidation piece of work, along with any other bits that needed tidying up.
Mike Schwarz: I agree entirely with the thesis that there needs to be some systematic review. Animal cruelty has the same effect on animals regardless of where the animal lives, and whether it is husbanded. The impact on the humans involved is the same, and the culpability of the humans is the same. We all know that the way of inflicting injury, cruelty or death on animals varies according to the sector, but the disparity of sentences and the patchwork nature of the current legislation risks distortions, as I said earlier, and even risks bringing the law into disrepute when there is not a sense of fair prosecution and sentencing. It may help judges and the public understand the situation, as they may have difficulty piecing together the legislation as well.
Thangam Debbonaire
Q
Inspector O'Hara: I got the feeling from the other questions raised around the table, and the earlier session, that there was a lack of parliamentary time to bring the matter forward.
Thangam Debbonaire
Interesting. I wonder, where could that have come from? Thank you.
The Chair
I am not sure that the issue is really within the scope of the witnesses to comment on, but you made the point. If there are no further questions from Members, I thank the witnesses for their evidence. That brings us to the end of our oral evidence session. The Committee will meet again this afternoon to begin a line by line scrutiny of the Bill.
Ordered, That further consideration be now adjourned. —(Iain Stewart.)
Animal Welfare (Sentencing) Bill (Second sitting)
Tuesday 23rd July 2019
(5 years, 4 months ago)
Public Bill CommitteesRead Full debate Animal Welfare (Sentencing) Bill 2017-19 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 23 July 2019 - (23 Jul 2019)
The Chair
I remind everyone to switch electronic devices off or to silent mode, and that teas and coffees are not allowed in the room. We now begin our line-by-line consideration of the Bill. We must proceed in the order set out in the programme order agreed by the Committee this morning.
Clause 1
Mode of trial and maximum penalty for certain animal welfare offences
Anna Turley (Redcar) (Lab/Co-op)
I beg to move amendment 1, in clause 1, page 1, line 10, at end insert—
“(2A) After subsection (1) insert—
‘(1A) Subsection (1B) applies where the court is considering for the purposes of sentencing the seriousness of an offence under any of sections 4, 5, 6(1) and (2), 7 and 8, and the person guilty of the offence—
(a) filmed themselves committing the offence, or
(b) posted online a video of themselves committing the offence.
(1B) The court—
(a) must treat the fact mentioned in subsection (1A)(a) or (b) as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and
(b) must state in open court that the offence is so aggravated.’”
It is, as always, a pleasure to serve under your chairmanship, Mr Bailey. Before I move on to the specifics of the amendment, I beg the indulgence of the Committee to say a few words of thanks to everyone who got us to this position. As I did on Second Reading, I thank my constituents, who responded so powerfully to the death of Baby the bulldog in such terrible circumstances with petitions, campaigns, floral commemorations and so on. They really have been moving and inspiring.
The fact that we are here in Committee shows this place at its best. There is a lot of cynicism in politics at the moment—a lot of people are getting angry and shouting at each other, there are threats of violence and so on—and it is very easy for people to feel frustrated and disempowered by the system and to think that the things that happen here do not make a difference. However, the progress of the Bill shows that, when there is a problem that needs fixing, if we are positive, we campaign, we are constructive, we petition and we work together collectively across parties—I am proud of the way we have done that—we can change the law and make things happen.
That sends a powerful message back to the public: “Don’t get angry; get even. Change the law. Work with your politicians—campaign and go and see your MP—and you can really change things for the better.” I thank my constituents for what they have done, and I thank Committee members. My colleagues have supported me so much in this process, but the Government have responded considerately and collaboratively. As an Opposition Back Bencher, I am proud to have been able to work with them to make this happen. I also thank all the organisations that we have received evidence from and that have supported the campaigning over the past couple of years. Collective thanks are due to so many people.
I am very happy with the Bill, but I would never want to miss an opportunity to add an extra couple of thoughts. As much as anything, my intention with the amendment was to stimulate a bit of debate. One of the most overwhelming issues in the case of Baby the bulldog was the fact that the young men involved filmed themselves undertaking the abuse, laughing as they did it. The filming was part of the abuse—part of what made the incident so horrific was that they glorified it and thought it was something worth capturing, saving and possibly even sharing.
The other side of the social media aspect is that, because the abuse was videoed and stored on a chip in a mobile phone, which was subsequently found on a supermarket floor, we had evidence that enabled us to bring those young men to justice. There is something very powerful about the role of social media and video in tackling the scourge of this cruelty, as we are seeking to do. That was why I wanted to raise awareness of the role of social media through my amendment. Although we are all outraged at any animal abuse, the use of social media and the sharing of video is a horrible aspect of abuse, which as a society we cannot condone and must not allow to continue. Videos of abuse must not be allowed to be shared and amplified in this way.
My amendment seeks to require courts, where people filmed themselves committing the offence or posted online a video of themselves committing the offence, to treat that as an aggravating factor in sentencing. In explaining the amendment, I want to set out some of the examples I came across in the course of my research that made me more determined to raise awareness. Again, I beg the Committee’s indulgence. We have already heard some horrible evidence—I know we have all had our fill of seeing and hearing about horrific abuse—but I want to demonstrate the severity of what we are dealing with and what social media has done.
Three men in the Forest of Dean were jailed for filming their dogs while they mauled badgers to death. The judge described that as “medieval barbarity”, and there is sickening footage showing the young men in peals of laughter as their dogs slaughtered the badgers. They had a total of 447 video clips of animal cruelty on their phone, but were jailed for just 22 weeks.
A pony was removed by police after video footage showed it being mounted by a man and falling backwards to the ground, which caused widespread outrage on Facebook. That was in Tunbridge Wells in Kent. Two teenage girls in Scotland admitted animal cruelty after a video showing them abusing a snake went viral. A Snapchat video of the couple, who were clearly drunk, showed them laughing as they tortured the reptile, which sparked online outrage. A video was shared on social media showing a black and white dog being thrown off a cliff into the sea. The dog is then seen swimming back to the shore. That video was shared widely on Snapchat, as we heard this morning. In June this year, another video was circulating online of a man laughing as he violently beats a terrified cat: he smacks it in the face and throws it down on the bed so hard that the video is absolutely horrific to anyone who watches it.
A Sunderland poacher is now behind bars after making shocking videos of his whippet brutally killing wild foxes. He posted graphic photographs and videos of him forcing his dog to chase the foxes, which he claimed was for sport. Three girls were arrested in March after shocking footage showed two kittens being abused and hurled into the air, and a man has been jailed and disqualified for life from keeping animals after appalling videos showed him setting his dog on a cat and a fox. This is happening, and we only have to tap something like “animal cruelty” into a search engine to see an awful lot of those horrendous videos.
It is clear that people are posting this stuff for clicks or likes, or as a way of making themselves notorious. It is awful to see: not content with simply inflicting injury on animals, these people are motivated by the prospect of their films going viral and being shared. It is grotesque and horrific, and demonstrates a greater level of malicious intent, which is why I felt we ought to debate the possibility of a specific deterrent. My amendment would make these crimes subject to an aggravated sentence for those who film themselves undertaking such an attack.
I found the evidence submitted by the Royal Society for the Prevention of Cruelty to Animals very powerful. We heard its representative say during this morning’s Committee evidence that, in 2015, the RSPCA investigated just 27 cruelty complaints related to videos and social media. By 2017, that figure was 167—a fivefold increase over just two years. That shows the scale of this issue and, as ever with legislation, we are struggling. Sometimes, we are on the back foot when it comes to catching up with changes in society and technology. This is our chance to get on the front foot.
Even more strikingly, the RSPCA’s evidence included a statistic from a recent survey showing that 48% of young people have witnessed some form of animal cruelty. Only 3% of those witnessed it directly, but a huge number—23%—had witnessed it on social media. What effect does exposing our young people to this material have on them? Does it have a normalising effect—glamorising, even—or lead to dehumanisation and lack of empathy? What effect will it have on our young people, particularly given the role of social media, with videos, clicks, likes and going viral seen as a means of success and of being popular? I worry that this is enabling and facilitating a nasty streak in society that we would not want to expose our children to, and would not want them to witness.
That is all I wanted to say to share why this deserves to be discussed and debated in this place. It is a great concern to me and, I think, anyone who cares about animal welfare and wants sentencing to reflect the severity and gravity of the action. I just hope that, in the course of this discussion, we get a sense of how serious this is.
I say up front that I do not intend to press the amendment to a vote, because I hope the Minister will reflect on it. He has already been very responsive to my questions. However, when considering such a Bill, it is important to talk about the context and the role of technology to make sure that when we are drafting it, every “t” is crossed and every “i” is dotted, so that these actions cannot slip through the net and be allowed to happen without any consequence. I appreciate having been given time to speak to the amendment.
Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
I support the statements of my hon. Friend the Member for Redcar, but I would also like to raise a further matter for the Minister to reflect on in his reply: the possibility of including in the Government’s online harms White Paper elements that would address the online distribution of abuse images and videos.
The Government have rightly made much effort to tackle online abuse, address mental health concerns and deal with offensive imagery and online behaviours—a critical issue, especially for our young people. However, when I skimmed through the online harms White Paper in advance of this Committee sitting, I found no mention of animal welfare or of the distribution of the kind of images that my hon. Friend mentioned. There is an opportunity for the Minister to reflect on how a conversation between the Department for Environment, Food and Rural Affairs and the Department for Digital, Culture, Media and Sport might help to support the collective Government effort against the sharing of these disgusting images and videos, and create a more comprehensive system.
Alex Chalk (Cheltenham) (Con)
I pay tribute to the hon. Member for Redcar. No one has done more than she has to advance this legislation. I entirely endorse the spirit and intention behind what she proposes, and simply want to volunteer some thoughts by way of context.
It is important to note that the recording of an offence is already set out as an aggravating factor in certain other criminal offences such as rape and sexual assault. As we know, the Sentencing Council publishes guidelines that the court is obliged to take into account. It is therefore important to ensure that the Sentencing Council has the widest possible rein to reflect the full spectrum of aggravating features in respect of this offence, as it has done with other offences.
My only question mark relates to whether there is a risk that, if we legislate for one particular aggravating feature, the Sentencing Council might not have as broad a remit as it might like. I say that because its guideline on the Animal Welfare Act 2006 lists “Other aggravating factors”, including “Use of a weapon” and “Use of another animal”. My rhetorical question is whether, in focusing legislation purely on one aspect, however heinous an aggravating feature it is, we risk inadvertently downplaying other aggravating features.
While I respectfully and entirely endorse the hon. Lady’s intention and the spirit of her amendment, I venture to suggest that the Sentencing Council has shown itself well capable of reflecting the issue of degradation through publication, and well attuned to the need to do so. Inevitably, I think it would include that factor, but it would also include other aggravating features such as use of another animal, use of a weapon, or whether the victim—so to speak—was a public service dog. That would ensure that the offending received the condign punishment it deserves.
Sue Hayman (Workington) (Lab)
It is a pleasure to serve under your chairmanship, Mr Bailey.
The main thing that I want to make clear is the Opposition’s support for the Bill, for which we have waited a long time. We also support the intention behind the amendment of my hon. Friend the Member for Redcar, who has done so much to bring the Bill forward. We believe strongly that increasing the maximum penalty for the worst offences is important in order to send a clear message that society simply will not tolerate the gratuitous cruelty to defenceless animals that she described so vividly on Second Reading—to be honest, it nearly brought us to tears in the Chamber.
We know that perpetrators of such abuse are five times more likely to have a violent crime record and are more likely to engage in domestic violence against women and children. We need penalties to create a very effective deterrent, right at the beginning, when people do these appalling crimes. We do not necessarily expect many more people to be locked up for longer, but the sentence has a deterrent purpose. If people think they will get a maximum of only six months—or only 22 weeks, as has happened in the past—they are less likely to take their crime seriously as a criminal offence.
We need to ensure that the Bill gets a speedy Royal Assent. The Animal Welfare Act was brought in to level the playing field for animal cruelty penalties. That includes domestic pets, farmed animals and other wild animals, so that they all have the same sentence. Unfortunately, it has been only a six-month maximum, which has not acted as a deterrent as it was designed to do. Northern Ireland led the way in 2016 with a maximum five-year sentence for the worst cases. That also applies to causing unnecessary suffering to any animal. The equivalent under the England Wales and Animal Welfare Act is limited to protected animals, commonly defined as domesticated, under the control of man, or not living in a wild state.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
I want to put on record our sincere thanks to the expert witnesses who took their time to present to us in the evidence sessions this morning. I think everybody benefited from that and we are all grateful to them. It is a pleasure to serve with you, Mr Bailey, in the chair once again.
Amendment 1 would oblige the court to consider whether the accused filmed themselves committing the offence or posted a video of themselves committing the offence online when establishing the seriousness of the offence. Subsection (1B) means that this consideration would be treated as an aggravating factor and would be stated as such in open court. This would be used by the court to determine the appropriate sentence and result in an upward adjustment of the sentence for those who conducted such filming activity. I am aware of and am horrified by the abhorrent actions of some people who film animal cruelty with the aim of sharing and uploading videos on social media. The hon. Member for Workington highlighted how terrible that was.
I think we all recognise that the hon. Member for Redcar movingly explained her concerns, fears and worries. In the best traditions of the House, she explained the issues in a non-partisan way. As she spoke about the need to introduce guidelines and how to approach this, it was interesting that everybody on both sides of the Committee said: “Good point”. That is very unusual in this place, so well done. One of the great things in this place is when we see somebody has a grip on an issue and brings people with them. I congratulate her for doing that.
There are many other great examples of Back-Bench support in the Committee, including the work done on the mighty Finn’s law in North East Hertfordshire. There is some really good work going on, and that should inspire people about what can be done in this place.
Sir Oliver Heald (North East Hertfordshire) (Con)
I also want to pay tribute to the campaigners for Finn’s law, including Sarah Dixon, who was the leader of the campaign in many ways, and who is with us today.
David Rutley
Of course—congratulations, and I thank her. It is such campaigning zeal that enables us to make the case to take this legislation through when there are competing demands. Full credit should go to our team of Committee members today; many of them have served in Committee on other animal welfare legislation. There is a commitment to get this legislation through Parliament, but we can do that because we have made the case collectively and there is common ground. I am thankful for all the campaigning work that has gone on to make it possible.
I believe that any cruelty caused to an animal should be met with a proportionate response. That is why we are here today to encourage the passage of the Bill. Aggravating factors are most often dealt with in the sentencing guidelines, as was highlighted and supported by the witnesses this morning, and not always in statute. The amendment tabled by the hon. Member for Redcar would create a statutory aggravating factor. Statutory aggravating factors are used only for the most heinous criminal offences, such as domestic violence or terrorism. For other offences, it is normal for other aggravating factors to be included in the sentencing guidelines, which the courts are required to follow when determining the appropriate sentence in a particular case.
There are sentencing guidelines for animal cruelty, drawn up by the independent Sentencing Council, and they were last reviewed and updated in April 2017, following a public consultation. Under those guidelines, the use of technology to publicise or promote cruelty is already considered an aggravating factor, as has been referred to. Officials from the Department for Environment, Food and Rural Affairs have been in contact with the Sentencing Council. As the Bill will change the maximum sentence available for animal cruelty, the sentencing guidelines for animal cruelty will be subject to review by the Sentencing Council, which will publicly consult on the updated guidelines.
My hon. Friend the Member for Cheltenham was, I think, concerned about the question of statutory guidance. Our view is that this behaviour will be one of the other aggravating factors. The good news is that it is already included in the Animal Welfare Act guidelines, so, as the hon. Member for Workington said, we hope that it will be more straightforward. The fact that DEFRA officials are speaking to the Sentencing Council gives us real cause for optimism.
The hon. Member for Plymouth, Sutton and Devonport made an interesting point about the online harms White Paper. Based on that suggestion, we will be meeting the Department for Digital, Culture, Media and Sport and talking closely with it about what we can do in that area. It is scary when we see what people—young or old—are watching now. They seem to get relative highs on really disgusting material, animal cruelty being one. That has to stop, and hopefully we can make some inroads on that.
The proposed aggravating factor of filming an offence is already taken into account by the courts when sentencing for certain relevant offences. For example, the sentencing guidelines on “Robbery—sentencing children and young people” includes the following other aggravating factor:
“filming of the offence…or circulating details/photos/videos etc of the offence on social media or within peer groups”.
That is for consideration by the court when sentencing the offender. I assure the hon. Member for Redcar that DEFRA will raise that issue and will continue to engage with the Sentencing Council, which I am sure takes this matter very seriously.
In addition to the guidelines on sentencing, existing legislation provides an offence that covers filming animal cruelty. Section 127(1) of the Communications Act 2003 creates a specific offence of sending grossly offensive, indecent, obscene or menacing messages over a public electronic communications network. It is a matter for the Crown Prosecution Service to decide which charges to bring, but it is possible that someone filming an act of animal cruelty could be charged with an offence under section 127(1). That would result in a maximum sentence of six months simply for the offence of posting abhorrent or offensive material online. Evidently, there are options to ensure that the offenders who film and upload or distribute footage of their animal cruelty are met with an appropriate response. When this Bill is passed, these pre-existing options could enable courts to impose a higher sentence. It is useful to see what legislation is out there in the round and also what guidelines are there.
Committing animal cruelty is repugnant and filming it to share with others is beyond comprehension. As mentioned, we will discuss this matter further with the Sentencing Council. When they review the guidelines, we will ensure that this point is raised during the public consultation. On that basis, I ask the hon. Lady whether she would be kind enough to consider withdrawing her amendment.
Anna Turley
I appreciate the Minister’s thoughtful and considered response, which was very helpful. I thank his civil servants for their work in responding to my amendment. I am pleased to hear that the sentencing guidelines will have a big role in deciding aggravating factors and it was interesting to hear that we tend only to put things on the statute books when they are major issues, such as terrorism. I was also particularly interested to hear about the fact that those responsible for animal cruelty films could already be prosecuted under the Communications Act 2003. As we move towards Royal Assent, in terms of the promotion of, and education and awareness about, the issues we have discussed in the Bill, I hope that that will be pushed further. I am particularly pleased to hear that as a consequence of the Bill the Sentencing Council has confirmed that it will have a public consultation and update the guidelines with reference to filming and sharing. I appreciate the Minister’s consideration and beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
David Rutley
Before I discuss clause 1, I want to comment on and welcome the widespread support that the Bill has received, across the House and beyond. It was clear on Second Reading that the Bill has strong backing across the House, which was unified in its view that there is no place for animal cruelty in this country and that we must deal with it in the strongest possible terms. I welcome the spirit in which our discussions today have taken place. I am sure that that is part of our collective view that the United Kingdom should continue to be a world leader on animal welfare.
The Government committed to increasing maximum sentences for animal cruelty offences in September 2017 and I am pleased to see hon. Members who have supported this measure here today. I know that some hon. Members will feel that we should have moved faster, but collectively we have moved quickly in recent weeks to see much animal welfare legislation move forward and I am grateful for that.
As was made clear on Second Reading, under the Animal Welfare Act 2006 the current maximum penalty for animal cruelty offences is six months imprisonment and/or an unlimited fine. This Bill amends the Animal Welfare Act to extend the maximum penalty available to five years imprisonment and/or an unlimited fine for the worst animal cruelty offences relating to animal welfare in England and Wales. We heard this morning just how important it is that this Bill reaches the statute book as soon as possible.
Clause 1 is the Bill’s main clause and outlines the mode of trial and maximum penalty for certain animal welfare offences. As it is proposed that the maximum custodial sentence is extended to five years, these offences will become triable either in the magistrates court or the Crown court, depending on the severity of the offence. Specifically, clause 1(2) changes the maximum custodial sentence for the most serious offences under the 2006 Act. These are: causing unnecessary suffering to a protected animal; carrying out a non-exempted mutilation; docking the tail of a dog, except where permitted; administering a poison to an animal; and involvement in an animal fight—a dog fight or something similar, as we talked about earlier today.
Under the Animal Welfare Act 2006, which this Bill amends, all protected animals are covered. In its legal definition, a protected animal is a vertebrate animal of a kind commonly domesticated in the British Isles. Animals not commonly domesticated, such as wildlife, are “protected animals”, but only to the extent that they are under the control of man or are not living in their wild state.
Sue Hayman
As I said before, we are pleased to support the Bill and the increase in sentences. It is good finally to see it here and I hope we can get it on the statute book shortly. As I said on Second Reading, we have no intention of voting against it, but would rather seek to improve it where we can through amendments such as that tabled by my hon. Friend the Member for Redcar.
As I mentioned, we are concerned about the scope of the Bill and its narrowness, because it applies only to the Animal Welfare Act 2006, and therefore does not apply to wild animals. I will come on to that in more detail when we reach new clause 2.
I will not say much, because it is important that the Bill moves forward as swiftly as possible. We welcome the fact that it will increase maximum sentences to five years and the fact that that brings England and Wales more into line with the rest of the UK. The Minister mentioned that Northern Ireland has moved on to five years. Scotland, as we know, has been consulting on doing the same. It is important we are not left behind in England and Wales.
As we have heard, public consultation was an important part in getting the general public and animal welfare organisations to support the work that the Government are doing. I know that Battersea Dogs and Cats Home, the Dogs Trust, the RSPCA and many others have worked with us and the Government to support the Bill and enable it to come forward. I know that a lot of people have worked very hard to get us to the place we are at now. I thank all those who have worked on this Bill.
The Environment, Food and Rural Affairs Committee’s 2016 report on animal welfare referred to the increasing disparity in sentencing powers on a range of offences relating to animals. That report also included the recommendation to increase the maximum sentence for cruelty offences against animals to five years.
Sir Oliver Heald
Does the hon. Lady agree with me and the evidence we heard this morning that one great advantage of increasing the sentence is that in the horrible cases where there is torture, where a service animal is attacked, or where a number of animals are killed or badly treated, it is possible to mark that if the maximum sentence is five years, so those aggravated features can be reflected in the sentence?
Sue Hayman
The right hon. and learned Gentleman makes an extremely important point. One thing that has been quite difficult when looking at the evidence is some of the extraordinary cruelty against animals of which people are capable. The work he did with other colleagues on Finn’s law was really important, because service animals put themselves in front of their police officers or whoever they are working with to protect them. It is important that that has now been recognised.
It is important that we are finally giving judges the tools they need to start handing out the kind of sentences that are required if we are to have not only a punishment that will act as a deterrent, but a punishment that is right for the crime. We do not have that at the moment. In conclusion, the Opposition will support the Bill, and I thank everyone for their work on it.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
Extent, commencement and short title
Question proposed, That the clause stand part of the Bill.
David Rutley
Clause 2 provides the extent, commencement and short title of the Bill. Clause 2(1) provides for the Bill’s extension to England and Wales only. Animal welfare is a fully devolved matter, but in this case the Welsh Government have confirmed that the maximum penalty will apply in Wales. The Bill is drafted on that basis. The Welsh Government are preparing a legislative consent motion so that the Bill can be extended and applied in Wales, which is excellent news.
Clause 2(2) provides the date and commencement of the Bill. The Act will come into force two months after Royal Assent. The clause also ensures that the application of revised maximum penalties is not retrospective and is not applied to offences committed before the Bill comes into force. It specifies the short title of the Bill, that being the Animal Welfare (Sentencing) Act 2019.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
New Clause 2
Report on effects
‘(1) The Secretary of State must publish a report on the effects of the provisions of this Act.
(2) The report must include assessments of—
(a) trends in sentencing practice;
(b) the effects of this Act on animal welfare;
(c) the extent to which this Act has had a deterrent effect on animal welfare offences;
(d) the coherence and adequacy of animal welfare legislation in aggregate in the light of the operation of this Act.
(3) The assessment under subsection (2)(d) must include consideration of—
(a) the welfare of animals that are not “protected animals” under section 2 of the Animal Welfare Act 2006;
(b) sentencing for offences under—
(i) all sections of the Animal Welfare Act 2006;
(ii) the Wildlife and Countryside Act 1981;
(iii) the Deer Act 1991;
(iv) the Protection of Badgers Act 1992;
(v) the Wild Mammals (Protection) Act 1996; and
(vi) the Conservation of Habitats and Species Regulations 2017 (S.I.2017/1012).
(4) The report must be laid before Parliament within two years of this Act coming into force.’—(Sue Hayman.)
This new clause would require the Secretary of State to lay before Parliament, within two years of the Act coming into force, a report on the effectiveness of the Act, including specific assessments of its effect on animal welfare, the overall coherence of animal welfare legislation, and other matters.
Brought up, and read the First time.
Sue Hayman
I beg to move, That the clause be read a Second time.
New clause 2 would provide for an assessment of the effectiveness of the Act, and for a report to be laid before Parliament. I hope the Minister agrees that it is good practice for our legislation to be reviewed, and for Parliament to have the opportunity to consider the extent to which it is achieving its objectives, and indeed to consider whether any adjustments might be needed. Within that, we believe that there is a specific need to examine the level of penalties available to the courts for cruelty offences across animal welfare legislation as a whole.
The Bill improves the deterrence impact of penalties for cruelty under the Animal Welfare Act 2006, but introduces a two-tier system—maximum penalties for cruelty offences under the legislation listed in new clause 2 remain at six months. It is clear that offenders do not discriminate between wild and domestic animals in inflicting cruelty. The RSPCA has a shocking catalogue of offences, just a few of which I will mention: a wild rabbit hit with a log and stabbed with a pen; a sheep beaten to death with a gold club; a goldfish’s eye cut out; a squirrel set on fire; a cat chocked and suffocated; and two hens beaten to death. I find it extraordinary that anyone can behave like that.
How do we work out what maximum penalty should be available to the court in each of those cases? If a person kicks their pet rabbit, it should be clear that, under the Bill, the maximum penalty would be raised to five years, but what if the poor animal that has been kicked to death is a wild rabbit in the middle of a field? The nature of the offence is arguably identical, and most people would agree that the offender should face the same penalty, but would they? What about the case we heard about from the hon. Member for Southend West (Sir David Amess) on Second Reading, of a driver who put down chips in a road to attract wild birds so that he could then run them over? Should wild birds, squirrels or hedgehogs be regarded as under the control of man in a situation such as that, and would they come under this penalty? What about people putting out poisoned foods at a wild bird feeding station? What if wild chickens are taken and tortured? Is it different if chicks are taken from a hedgerow or from a garden nest box? These are genuine questions and I find the definitions confusing.
My hon. Friend the Member for Bristol East spoke on Second Reading about cruelty committed against game birds that are specifically reared for shooting before being released in the wild. Where does that sit within an offence of cruelty? What concerns me is that guilty offenders might well seek to persuade a court that a lesser sentence should be imposed if the victim could be classed as a wild animal.
We heard in evidence from Mr Schwarz that the two-tier approach could end in confusion for both the judiciary and prosecutors. We need to consider carefully whether the Bill’s good intentions to deter the worst acts of cruelty could unintentionally lead to offenders targeting more wild animals. The Opposition are pretty clear that all animals are equal and deserve to be treated with respect and kindness. As our animal welfare plan stated:
“Our vision is one where no animal is made to suffer unnecessary pain and degradation and where we continue to drive up standards and practice in line with the most recent advances and understanding.”
Our preference would be for the Bill to set a maximum sentence according to the level of cruelty in the offence, rather than whether the animal is domestic or wild, which I have discussed with the Minister. New clause 2 offers the option of looking into that and giving Parliament an opportunity to consider it once the Act has taken effect. As I have said, we do not want to delay the Bill—we want it on the statute book quickly, which is why we are asking for a review. I hope the Minister considers it and I look forward to his response.
Sandy Martin (Ipswich) (Lab)
It is a pleasure to serve under your chairmanship, Mr Bailey. I believe that the evidence we heard this morning from both the Royal Society for the Prevention of Cruelty to Animals and the lawyer and police officer made it fairly clear that there was confusion about which offences come under the Bill. Clearly, there are questions about whether an offence relates to a feral cat or a domestic cat, or a wild rabbit or a tame rabbit, but there are also questions about organised crime. We heard from the police officer about dog fighting, which would come under this Act. Serious and organised cases of cruelty can now be prosecuted and a sensible and serious sentence incurred, yet the equally serious and equally organised crime involved in hare coursing probably would not.
All sorts of issues need to be tested in the courts. Very often in this place we seek to tie all the knots, cross all the t’s and dot all the i’s, but it is not always effective. We need to test these issues in the courts, but if they are to be tested in the courts, we need to review the result in order to establish whether the Act is doing what we intended it to do.
We heard from Mike Schwarz that serious issues will be aired by members of the public as a result of the sentences that will be handed down if, as we suspect, the sentences for domestic and wild animals are suddenly, obviously and publicly very different. We have heard on several occasions from the Minister that the Bill needs to be passed as soon as possible. We could not agree with him more. In fact, we could not have agreed with him more if he had said that 18 months ago, when we could have passed it. There is no good reason why, if we accept proposed new clause 2, that would add a single minute to the length of time it takes for the Bill to pass into law.
I urge us to accept the amendment and ensure that, whatever the results in the courts, we review them swiftly and effectively with a view to ensuring that we get consistent sentencing for consistent levels of cruelty.
David Rutley
New clause 2(1) and (2) would create a statutory obligation for the Government to report to Parliament on the effectiveness of the Act within two years of it coming into force, including specific assessments of its effect on animal welfare and the overall coherence with animal welfare legislation, including sentencing under specified Acts relating to wildlife.
It is important to note that the Animal Welfare Act 2006 was subject to review by the Select Committee on Environment, Food and Rural Affairs in 2010 and informally through its domestic animals inquiry in 2016.
The 2010 assessment concluded that there was broad agreement that animal welfare had been improved as a result of the 2006 Act by bringing together diverse legislation and adding a preventative measure that allows action to be taken without animals suffering unnecessarily. The 2016 inquiry encouraged the Bill and the proposed increase in maximum penalties.
New clause 2(3)(a) would commit the Government to including an assessment of the welfare of animals that are not protected animals under section 2 of the Animal Welfare Act 2006. Subsection (3)(b) would commit the Government to look at sentencing for offences under various pieces of legislation pertaining to wildlife.
Wildlife legislation that protects animals in a wild state is a separate matter and, as we know, not in the scope of the Animal Welfare Act 2006. All animals that come under the control of man, whether domesticated or wildlife, will be subject to the maximum penalty. Indeed, there are separate pieces of legislation that focus specifically on wildlife, with appropriate sentences and penalties.
Relevant points are being made here and, of course, we want to respond to them. I do not think we know the general consensus but we need to move forward with the Bill. We do not want to let the perfect be the enemy of the good. We have heard that before but it certainly applies to the Bill. Notwithstanding that the courts will have to make some interpretation, as is always the case, I reinforce the fact that any act of serious cruelty against a wild animal would most likely, by its very nature, entail that animal being under the control of man, and so would be caught by the Animal Welfare Act 2006.
Some of the deeply upsetting cases we heard about this morning, such as putting an animal in a microwave—if one could ever consider somebody doing that—could be committed only if the animal were under control of man. Although I understand the concerns, and that there are lawyers in the room, I am sure that courts will be well able to identify the most serious acts.
Sir Oliver Heald
I do not know whether the Minister would agree with me on a point that may need further consideration. If an animal is under a person’s control, does that not give that person a duty towards that animal? In those circumstances, is it not part of the wrongdoing that, having control of an animal, a person abuses it?
David Rutley
As I said, we have distinguished lawyers in the room for a reason—they make important points such as that one, which only my right hon. and learned Friend could make with such eloquence. I completely agree that there is an added responsibility. It is a privilege to be able to look after animals and, when we do, we should expect higher standards of ourselves. There are laws that are relevant to other wild animals but, when these animals are in the control of man, a higher standard needs to be adhered to.
I do not really want to mention these cases, but I am trying to provide clarification and confidence to members of the Committee. We heard the example of a rabbit being kicked in a very serious way. Whether a rabbit is wild or not, rabbits are commonly domesticated, and that would be covered by the Bill. Similarly, if other animals were mistreated under the control of man, they would be covered. I understand that there are concerns, but I reassure members of the Committee that the courts will be in a better position, as a result of this legislation, to hold people to account and put the right sentences in place. They will be able to make judgments that will help domesticated animals and, in many cases, wild animals too—I will come to the point about wild animals more broadly in a second.
A review of wildlife legislation has already been conducted. At the request of the Department for Environment, Food and Rural Affairs, the Law Commission commenced in 2011 its wildlife law project to develop proposals for a modern, simpler and more flexible framework. The commission published its report and draft Bill in November 2015, and recommended that the existing pieces of wildlife legislation be replaced with a single statute.
Exit from the EU provides an opportunity to re-examine our regulatory framework and how it works so that it is fit for purpose to meet our national needs in the future and to fulfil our international obligations. As hon. Members may be aware, much of our wildlife law stems from EU directives. That is why EU exit would provide an opportunity to take that wider look. We will need to consider the implications of EU exit for our approach to wildlife policy before deciding whether and how to implement the Law Commission proposals.
In addition to the existing reviews of the Animal Welfare Act 2006, the Ministry of Justice regularly publishes criminal justice statistics. Under the 2006 Act, data on prosecutions, convictions and sentencing speak to the impact of higher penalties on animal welfare.
In summary, I completely understand the point made by the hon. Member for Workington, but the Bill focuses on the most heinous crimes involving animals, including wildlife, under the control of man. The penalties for wildlife crimes that focus on animals in their wild habitat are separate from this legislation. Welfare groups have long called for an increased maximum sentence for the serious crimes under the 2006 Act. It is important that we get this change of an increased maximum penalty on to the statute book as soon as possible and without amendment.
I would be happy to commit to meeting the hon. Lady in the very near future to discuss different maximum sentences for Animal Welfare Act offences and offences relating to the welfare of wildlife. In line with our normal, standard procedure, we will look at the impact of the Bill in three years’ time. On that basis, and with a commitment to hold an early meeting, I ask the hon. Lady to consider withdrawing her new clause. I hope she can support the passage of this important Bill at this stage without amendment.
Sue Hayman
I thank the Minister for his considered response. He will probably think that I am a bit odd, but I have a copy of the report and the proposed legislation from the Law Commission by my bed. [Hon. Members: “Hear, hear!”] Thank you.
I would very much appreciate a meeting to discuss how we take this matter further. Some of the Law Commission work is excellent, and it would be good to see how we move forward. On that basis, I am happy to beg to ask leave to withdraw the motion.
Clause, by leave, withdrawn.
Bill to be reported, without amendment.