Animals (Penalty Notices) Bill
Friday 29th October 2021
(3 years ago)
Commons ChamberRead Full debate Animals (Penalty Notices) Act 2022 Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Andrew Rosindell (Romford) (Con)
I beg to move, That the Bill be read a Second time.
As chairman of the all-party parliamentary group on zoos and aquariums, a former shadow Minister for animal welfare and a committed advocate for the care and protection of animals, I am proud to be given the opportunity to sponsor this Bill. I want to thank all MPs who have co-sponsored my Bill, but there is one MP I want to thank in particular, and that is the greatest advocate for animal welfare I believe this House has ever seen—the man who should have been with Vivienne yesterday as she strutted her stuff around Victoria Gardens and was crowned winner of the 2021 Westminster dog of the year contest, my friend and our dearly missed colleague, Sir David Amess. Had he not been taken from us, he would most certainly have been here today supporting the Bill that I now lay before the House.
As a nation of animal lovers, we must not tolerate those who present a threat to the health and welfare of animals in England, or of course across our United Kingdom. We are proud of our world-leading standards and we continually strive to improve and maintain our position as world leaders in animal welfare. We already have effective, detailed and powerful laws to maintain the health and welfare of our animals, the quality of our animal products and the biosecurity of our nation. However, we lack a system of penalties to redirect behaviour when those with animals in their care are not doing things quite right. We are lacking an option that can sit between warning letters and criminal prosecution. I believe that penalty notices can be the next step in establishing the UK as a world leader in animal health and welfare.
For the most severe crimes, criminal prosecution will always be the most appropriate course of action. We all see the immense value of the Animal Welfare (Sentencing) Act 2021, which my hon. Friend the Member for West Dorset (Chris Loder) so finely championed, in introducing longer prison sentences for heinous animal welfare crimes. I know that every Member in the House would acknowledge that there is a difference between mistakenly logging a farm animal’s movements incorrectly and cruelly, intentionally abusing an animal.
Some offences can occur without the presence of ill will or due to a genuine mistake; for example, transgressions relating to the recording of livestock movements. We have a fantastic farming community in this country, who work extremely hard, around the clock, to properly look after their animals, and they understand the importance of knowing where livestock are and where they have come from.
In 2019, there were 45,000 cattle keepers and 61,000 sheep farmers in England. It is critical that movements are recorded in line with our laws to protect public health, animal welfare and the national herds and flocks. The risk is that, if livestock movements are not recorded accurately, it limits our ability to control and address animal disease. Most farmers record their livestock’s movements accurately and they respond well to advice and guidance from our enforcement authorities.
Unfortunately, however, some farmers continually fail to record accurately, which causes serious risk. This is where I would like to see penalty notices applied in a fair, transparent and proportionate way to positively change behaviours. That would help us to ultimately protect public health, animal welfare and the national herds and flocks. Yet, as I mentioned, the enforcement tools available to deal with such matters are either quite gentle or quite severe. On the quite gentle end of the spectrum, we have advice and guidance, and then, for the most severe offences, we have the option of pursuing imprisonment with unlimited fines. Until now, the cross-compliance scheme has been one of the major means of ensuring that animal health and welfare standards have been met by eligible animal keepers.
Many colleagues will be aware that cross-compliance and the way that it applies subsidy deductions is widely viewed as disproportionate and unfair, particularly by our farming communities. A system of penalty notices, which are financial penalties of up to £5,000, would be fairer and more effective than the EU’s disproportionate and convoluted cross-compliance, and that would extend beyond farm animals into companion animals, zoo animals and animal products.
These proposals would give individuals an opportunity to pay a penalty for any type of transgression, similar to a speeding ticket, as an alternative to a potential court case. We can all agree that, in the most severe cases, this will never be appropriate for those who abuse animals in the worst ways. It does not water down our ability to punish those who abuse animals; it simply provides something in between to deal with less serious transgressions. It will always be appropriate to take criminal prosecution against those who cause and commit the worst crimes against animals. However, where there is an opportunity for us to improve our ability to protect animals from mistreatment by supporting an individual to understand their responsibilities, we will be able to look to apply a penalty.
My Bill establishes powers that will enable us to determine which offences are appropriate through secondary legislation. Under the Bill, penalty notices are applicable for offences under Acts including—to name a few—the Animal Welfare Act 2006, the Animal Health Act 1981, relevant sections of the European Union (Withdrawal) Act 2018, and the Dangerous Dogs Act 1991. I am delighted that by introducing the Bill we are extending much further than cross-compliance was able to achieve, and in a fairer and more transparent way. That will be an animal welfare gain.
With this Bill, we will continue to build our enforcement capabilities, which will further demonstrate our standards in England as world leading. This is a simple measure with a big impact to make sure that we respond proportionately to each transgression, which could include scenarios where pet breeders fail to include their licence numbers on online adverts for puppies and kittens. Businesses that breed animals must have a valid licence: accidentally missing the licence number from an advert or forgetting to microchip the animals before rehoming them can seem inconsequential, but proper registration is critical in ensuring that people can buy pets with confidence from a legitimate source with the high health and welfare standards that they rightly expect. A financial penalty would be a proportionate response to highlight that these actions are not inconsequential, and would have a real impact on the people who rehome the animals.
The UK zoo sector has among the highest welfare standards in the world, as well as being among the world leaders in conservation work. On behalf of all of us, I thank the British and Irish Association of Zoos and Aquariums for the magnificent work it does all year round in promoting the values of good zoos and aquariums, and for the support it offers to me as chairman of the all-party parliamentary group on zoos and aquariums.
Sadly, however, a small number of zoos do not always live up to our high expectations. When local authorities find an issue, they can put a condition in place. If that condition is not met, a direction may be applied. In many cases, a zoo will respond well to the initial condition and it will improve its behaviour. For those that do not, the local authority may decide to issue a penalty notice, particularly if the condition does not directly link to the care of the animals. I would welcome the addition of penalty notices in this area to provide an additional enforcement tool alongside issuing a direction, to highlight the importance of acting in line with a set condition.
This is a simple Bill consisting of nine clauses. It initially lays out the powers that enforcement authorities will have to issue penalties under the relevant Act, as listed in the Bill. It states that the police will be responsible for applying penalty notices for offences relating to dangerous dogs committed in England and Wales. It explains that penalty notices give a person the opportunity to discharge their liability for the offence, and states that enforcement authorities will have six months to take the case to court if the penalty is not paid after 28 days. It also confirms the maximum penalty of £5,000 —or £2,500 if the penalty is paid within 14 days.
The Bill contains multiple safeguards to ensure that penalties are applied fairly. These include specified factors that enforcement authorities must take into account when considering whether a penalty is appropriate, to ensure that we take a tailored yet consistent approach. There will be official guidance laid before Parliament, which enforcement authorities will need to consider before issuing a penalty. It will be important for the Government to work closely with those that keep animals to ensure that the guidance effectively sets out how penalty notices should be applied.
This Bill sets out the enabling powers to introduce offences through statutory instruments. The majority of the Bill will come into force two months after Royal Assent, with the rest coming into force when relevant secondary legislation is in place. I want to give particular thanks to the organisations from the farming community that have engaged with me on the Bill, including the National Farmers Union, the Livestock Auctioneers’ Association Ltd, the National Pig Association and the Country Land and Business Association. I understand the difficulties that they faced in dealing with the interaction between animal welfare and the common agricultural policy. I am glad that, now we have left the constraints of the European Union, the farming community have shown their support for the fair and proportional penalty notice system in my Bill.
We are very fortunate to have so many organisations dedicated to carrying out important work for animals: Dogs Trust, Battersea, the Royal Society for the Protection of Animals and the Kennel Club, among many others that do so much for the welfare of pets across our country.
When, as I hope, the Bill is enacted, we will have secured a much-needed framework for a proportionate financial penalty system. Our Government have responded to the people’s will and led the country out of the clutches of the European Union, and that has given us an opportunity—which we must not waste—to improve our standards in many areas, with animal welfare at the very top of our agenda. Today we are continuing to elevate our world-leading reputation for animal health and welfare. The Bill marks an important step in establishing new enforcement in England to ensure that we have an appropriate response to transgressions, so that we can prevent individuals from ever reaching a stage at which severe punishment is required. Today marks the start of the journey of penalty notices to further protect the animals that we are so privileged to have within our care. I thank all Members, on both sides of the House, for giving it their support today.
Darren Henry (Broxtowe) (Con)
I thank my hon. Friend the Member for Romford (Andrew Rosindell) for introducing the Bill. We are a proud nation of animal lovers, and that includes me: my beautiful dog Poppy, a cairn terrier, is often to be seen by my side as I walk around Broxtowe.
The Bill is crucial in ensuring that we stand up for the rights of animals, and that those who do not respect those rights are held to account. It will also ensure that there is no longer a gap in legislation surrounding the prosecution of animal rights offenders, and it contains the necessary legal protections to ensure that it is not misused and is enacted only for the most serious of offences. I therefore agree with my hon. Friend that it will improve the way in which we tackle animal health and welfare offences in the future.
Ruth Edwards (Rushcliffe) (Con)
I think it is customary to start by congratulating the Bill’s promoter, but I hope that my hon. Friend the Member for Romford (Andrew Rosindell) will bear with me for one moment while I join him in congratulating Vivienne on her victory in yesterday’s Westminster Dog of the Year contest. I am sure that Sir David Amess would have been extremely proud of her.
My hon. Friend was, of course, right to say that Sir David was one of the leading advocates for animal welfare—but so, of course, is my hon. Friend. I congratulate him hugely on bringing the Bill to the House. I know he has been working on the issue for many years. Thirteen years ago, when we were still in opposition, I was the researcher on the shadow Home Affairs team for my hon. Friend the Member for Reigate (Crispin Blunt). My hon. Friend the Member for Romford had the shadow animal welfare brief and I remember his work on dogs. The other day I was particularly recalling his work on tortoise microchipping because I was pursuing our tortoise Geoffrey across the garden. It is very unfair that tortoises have this reputation for moving slowly, because they do not; they move at incredible speed, especially Geoffrey. He has this determination to try to eat pebbles the size of his head, which would be incredibly bad for him, so we have to keep an eye on him. Probably a GPS tracker might have been better than a microchip. My husband has suggested a strobe. Any other suggestions are most welcome.
Geoffrey is not the only adventurous animal in our care. We have two donkeys: Sergeant Wilson and Godfrey. [Hon. Members: “Hear, hear!”] Thank you. The other week, I had to extract them from the chicken run. We have two entrances to the chicken run: the little entrance is for the chicken and the big door for the humans. They had managed to open the big door and walk into the run because they wanted to raid the chicken feed. I arrived to find two donkeys guiltily munching in there.
The prize for the best animal adventure has to go to our pig, Andrew. This was when my husband and I lived on his small holding in Wales and Andrew staged a break-out from the new pig pen we had built. Andrew is jet black and he wandered into the maintenance cupboard, trod in a tin of white paint and gave himself a beautiful white sock on one leg. He then trod on the back of a tube of silicone sealant and gave himself a beautiful Santa Claus beard to match his white sock. He then decided to do his bit for the environment. He managed to encounter a bag of recycling, but he did not quite get the hang of it because he proceeded to redistribute that round the farmyard. Then he managed to break into the boot room and get himself shut in the downstairs loo.
However, the penalties in this Bill are not for errant animals; they are for humans who are not treating their animals properly. I am really proud of the work that the Government are doing to protect animal welfare. We have the Animal Welfare (Sentencing) Act 2021, which received Royal Assent earlier this year and raised the maximum prison sentence from six months to five years. We have the new offence for pet abduction, again championed by Members on all sides of the House. The Animal Welfare (Kept Animals) Bill, which had its Second Reading earlier this week, tackles puppy smuggling, the export of live animals for slaughter, and livestock worrying. It expands the definition of animals to include alpacas—our alpacas will be very pleased to hear about that—and includes a ban on keeping primates as pets.
My hon. Friend’s Bill fills an important gap here, toughening sentences for offences that do not qualify for criminal prosecution but that are too serious to receive a warning. I was shocked to hear that the RSPCA received 57,000 complaints of animal cruelty last year. It is so important that we have tougher penalties to tackle that kind of behaviour at a very early stage and, hopefully, to act as an educational tool and to prevent things from getting much worse.
I congratulate my hon. Friend the Member for Romford again. I am pleased to be supporting this Bill and proud that the Government are, too. As I have said before, pets in our house are people, not property. They are our friends, our companions and they deserve nothing less.
Sara Britcliffe (Hyndburn) (Con)
I rise to wholeheartedly welcome the Bill and to pay my tributes to Sir David Amess, who was a great champion. I am so glad that Vivienne did win yesterday.
Pets are more than just pets. At home, they are companions. I see that in my own family. Now that all the children have moved out of the family home, my dad is stuck with three cats: Noodle, who is 21 years old, Poppy and Macy. We witnessed an attack on Noodle when he was a kitten. He came back to the house after someone, we believe, shot him with a BB Gun, making him lose all movement in his leg, which he now uses as a crutch. We were not able to identify who did that to him, and that is one thing that I hope this Bill will cover. I hope that it will not cover things such as my dad accidentally locking a cat in the fridge—we did manage to get the cat out once we found where the miaowing was coming from.
I welcome the Bill. One of the main issues in my inbox is pet theft and animal cruelty. am so glad that the Government are acting on it, because it is a huge concern for the people of Hyndburn and Haslingden. I wholeheartedly welcome this extra step to protect our animals—our loved ones.
Aaron Bell (Newcastle-under-Lyme) (Con)
It is a pleasure to follow my hon. Friend the Member for Hyndburn (Sara Britcliffe) and also to finally get to speak on a Friday, Mr Deputy Speaker. It has been far too long, for various covid-related reasons, and although I put in for the two earlier debates, they were clearly oversubscribed. These Fridays are such a crucial part of our constitution and the Standing Orders of this House. Our debates today—the debates on the menopause and childcare and now this important debate—show the House at its best. I am really pleased to finally be able to participate on a private Members’ Friday.
It is also a huge pleasure to speak in favour of this Bill, introduced by my hon. Friend the Member for Romford (Andrew Rosindell), who, Members might not know, was my MP two decades ago. When I graduated from university, I moved to Romford to live with friends there for a while, shortly after the 2001 general election. I see that a lot of the 2019 intake are here today. We should remember that this man was the first step on our road back to a majority and back into government, because he gained that seat in 2001, and he did it by campaigning with a Staffordshire bull terrier called Spike, round the streets of Romford in a Union Jack waistcoat.
I pay tribute to my hon. Friend for that and for all that he has done in his career in this place to make animal welfare such a focus. We heard from my hon. Friend the Member for Rushcliffe (Ruth Edwards) about his work in opposition as spokesman, we have this Bill today and he is bringing forward Jasmine’s law to increase tenants’ rights to keep pets in their homes. He has done so much work, including through his role in the APPG.
I congratulate my hon. Friend the Member for Romford, too, on what he did yesterday. We saw the beautiful pictures of him and my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) with Vivienne winning the Westminster dog of the year award, in memory of Sir David Amess. We all feel Sir David’s loss very keenly today, because we know that he would be here, making a speech as funny as, if not funnier than, some of the ones we have heard on these Benches, because he was such an advocate for animal welfare and such a keen advocate of private Members’ Fridays.
This Bill, as others have said, follows the Government’s already landmark legislation on animal welfare sentencing, which increased penalties from six months to five years. As my hon. Friend said in his opening remarks, the Bill will allow us to match judicial powers more appropriately to the sort of offences we see. We already have the possibility of jail for the most serious offences and we already have situations where it is clearly far more appropriate for people to be given warnings, but there is a lacuna in the middle. This Bill, which has been carefully drafted, addresses that in exactly the right way. It will prevent more cruel mistreatment of pets, zoo animals and livestock.
I know that the Bill has been welcomed by the Government and so many animal charities, and I assume by the Opposition, although we have not heard from them yet. I would gently say that when we have such wide cross-party support for a Bill, it is incumbent on us all as Back Benchers to scrutinise the detail, and I have done that. I have looked at the clauses, and they seem very well drafted to me, so I congratulate my hon. Friend—and, I am sure, the Clerks as well—on that.
However, I am also conscious that we should continue to scrutinise the effects of Bills after they become Acts. As a data maven myself, I therefore particularly welcome clause 6, on reporting. We will very quickly be able see the effects of the Bill through the reports that it requires the Secretary of State to make. I am sure we will do that in the years ahead and hopefully see that it is having the positive effect that I know we all want it to.
As my hon. Friend said, this Bill is fair, transparent and proportionate. Those are the qualities that we want to see in private Members’ legislation. I very much hope that it gets its Second Reading today, and that it goes through Committee and we see it back in this Chamber for Third Reading. By widening the suite of available enforcement tools, it will truly safeguard and strengthen animal health and welfare across the country, which is something that I believe all of us across the House can welcome.
Ben Everitt (Milton Keynes North) (Con)
I rise to support this commendable Bill, which has come at a fantastic time. In particular, I am very proud to be a Government Member under what I think is the most animal-friendly Government in the history of this country. I am also surrounded by, it appears to me, the most animal-friendly members of that Government, including my hon. Friend the Member for Rushcliffe (Ruth Edwards), whose adventures in animal husbandry seem to have put her in good stead for her current job. Being a PPS is probably incredibly similar to her adventures with Andrew.
I am pleased that farmers will not be unfairly penalised and that the risk of unfairly penalising them will be reduced as a result of these measures. Putting the penalty midway between a caution and the full force of the law seems to be a sensible step to make sure that the mid-range is available to prosecutors. Farmers are possibly the biggest friends that animals have, because it is literally their job to be kind to animals. If they are not, they are doing their job badly. I am not saying that there are not rare cases of that not happening, but in general, I take my hat off to our farmers, particularly those in Milton Keynes North.
I met the fantastic people from Milton Keynes & District Cats Protection recently. We got our cats from there. My hon. Friend the Member for Bishop Auckland (Dehenna Davison) gave an impromptu shout out to my youngest—my anarchist—so it would be remiss of me not to mention my two cats, Magic and Ninja. We have enjoyed them as lockdown cats over the last year.
Their names are a tribute to my campaigning prowess because I lobbied hard for them to be called Slash and Axl. Unfortunately, I was outnumbered in the household by just four to one. I note that the cats of my hon. Friend the Member for Hyndburn (Sara Britcliffe) came from Cats Protection as well. It was sad to hear that Noodle was shot with a BB gun as a kitten and, frankly, well done to Noodle for making it to 21 years.
Cats Protection wanted to talk to me about the huge increase in airgun attacks on cats in the last few years. It is right to draw awareness to animal welfare and animal cruelty issues, so I commend my hon. Friend the Member for Romford (Andrew Rosindell) for bringing the Bill to the House.
Having mentioned Noodle, I cannot miss the opportunity to mention Peter Britcliffe, who apparently put the cat in the fridge. As the former Mayor of Hyndburn, we always knew that he was a cool cat but apparently that is his hobby as well.
Milton Keynes is a wonderful place but, unfortunately, it struggles with some animal welfare issues, not just the unfortunate airgun incidents that have occurred in the last year. There is also an increasing risk of pet theft, so I am pleased about these measures, which would be a timely addition to our armoury in prosecutions and sentencing.
This week, we launched the Milton Keynes pet theft taskforce. I am pleased to be working with Shazna Muzammil, Police and Crime Commissioner Matthew Barber, my neighbour and hon. Friend the Member for Milton Keynes South (Iain Stewart), and Councillor Alex Walker, who is the leader of the Milton Keynes Conservative group. Pet theft is an animal welfare issue, because people who steal pets will not necessarily be very nice to them, so that tool in our armoury for prosecutions is welcome.
I will end with some statistics. The 2020 RSPCA statistics mentioned by my hon. Friend the Member for Rushcliffe are more up to date than the ones I have, but were potentially affected by the pandemic. In 2019, the RSPCA investigated more than 130,000 complaints of cruelty against animals and secured 1,678 convictions. Any incidence of cruelty against animals is too much, therefore I will be supporting the Bill.
Dr Ben Spencer (Runnymede and Weybridge) (Con)
It is a pleasure to follow the very powerful and amusing speech by my hon. Friend the Member for Milton Keynes North (Ben Everitt). I will not be able to do anything near as good in the brief moments I will speak for in this debate.
I just want to start by paying tribute to my hon. Friend the Member for Romford (Andrew Rosindell) for bringing forward the Bill, which is very important. We are a nation of animal lovers. Those are not just words. We are not just talking the talk; we are walking the walk in terms of the legislation we have been bringing forward on animal welfare protections. The Bill forms a part of a whole suite of measures that we have been bringing in. I am also an animal lover. We have two cats at home, Ragnar and Frazzle, both of whom are rescue cats. I suspect that if Frazzle is watching today—I would be amazed if he is—he might have some concerns about the measures being proposed, because he is certainly not an animal lover when it comes to the amount of mice he brings home on a regular basis, so I hope there will be exclusions for cat violence in the legislation.
It is completely right that we have a range of approaches to enforcement and not the very binary approach pointed out by my hon. Friend the Member for Romford. A variety of different measures will help people to do the right thing and support for improved animal welfare will be absolutely superb.
I just want to finish by doing a big shout out to two organisations I have a huge amount of time for. First, the work of Cats Protection in supporting cats and re-homing rescue cats is absolutely brilliant. Secondly, Battersea Dogs and Cats Home, rather confusingly given the name, also has a site in my constituency. I thank it for its work on supporting the welfare of animals.
Daniel Zeichner (Cambridge) (Lab)
I congratulate the hon. Member for Romford (Andrew Rosindell) on bringing forward the Bill. His passion for animal welfare is well known and admired across the House. I also associate myself with all the comments about Sir David Amess. It is absolutely right that he would have been here contributing today. We are so sorry not to have him here with us.
This is very clearly a Government Bill—it was referenced in the Government’s action plan for animal welfare—so I will treat it as such. Some of my comments will be directed as much at the Minister and the Department as at the hon. Member for Romford.
To some extent, this is a puzzling Bill. It is really about penalty notices as much as it is about animals. To see that, one just has to read the long title of the Bill, which is to
“Make provision for and in connection with the giving of penalty notices for certain offences relating to animals and animal products.”
That says to me—I am not a lawyer, but it says it to my legal friends with whom I am consulting—that this is as much about the legal system as it is about animals. I disagree with some of the comments by Government Members. I do not think it is particularly well-drafted. When I first read the Bill my worry was that there was a danger that some of the offences in Labour’s groundbreaking Animal Welfare Act 2006—Labour Members are very, very proud of the 2006 Act—were at risk of being downgraded to the level of a parking ticket.
I listened very closely to the hon. Member for Romford’s speech and I am reassured. I see what he is trying to do. I have also spoken to the Minister and she has reassured me that that is not the aim of the exercise. I welcome the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Bury St Edmunds (Jo Churchill) to her place. As I said to her colleague the other day, the shadow Department for Environment, Food and Rural Affairs team is flattered that the Government have felt the need to bring in reinforcements. I wish her well in her role, which is a fantastic job to be doing. I believe her reassurance, which is why we will not be opposing the Bill. I know how Fridays work. It has happened to me before. We know how to do it, but we are not going to.
To be fair, this is not just about the hon. Member’s reassurances or the Minister’s reassurances. In their briefings, both the RSPCA and Battersea Dogs and Cats Home expressed support for the use of fixed-penalty notices to tackle low-level breaches of animal welfare law. That is the crunch of the question that I asked myself about the Bill: how we are sure that it is about low-level breaches.
I am not sure the Government entirely helped themselves in the way the explanatory notes set out the context for the Bill. Anyone coming to them afresh would read through them and not be entirely sure, without the benefit of the hon. Member for Romford’s speech, that they had understood it. I would have thought the starting point would have been the action plan for animal welfare, which sets out the context. In fact, the explanatory notes immediately attack CAP cross-compliance. I just say to Conservative Members: get over it. Labour Members have gotten over it. We are looking ahead. We do not have to keep looking back and replaying the arguments of the past.
If Conservative Members are congratulating themselves on how animal friendly they are, I suggest they visit their local pig farms, if they have them in their part of the country. I went a few weeks ago, and what I saw was very sad. They are overstocked, and the tail biting and aggressive behaviour, and so on, is awful for the animals—it is also pretty awful for the people working with them. I ask hon. Members to reflect, as that is perhaps one of the unforeseen consequences of recent changes. We have to find a solution, because there is nothing animal friendly about 6,000 pigs being culled on farms, with possibly more to come.
There is an attempt to link the Bill with CAP cross-compliance, which we all know has had problems—no one is saying it was a particularly successful system, although these things are not as easy as they might look. We might reflect on that. The way the Bill is framed, those cross-compliance issues have to be related to animals. Having read the explanatory notes, that is not entirely clear.
These are the kinds of things we will be exploring in Committee, because there is a concern about the lack of clarity. The positive spin is that this Bill is an extra tool in the toolbox to aid compliance, which is absolutely fine. If the Bill were to replace the penalties for quite serious offences with the equivalent of a parking ticket, that is not fine. Leaving the choice on where that line is drawn to officials and Ministers through obscure secondary legislation is also not fine.
Although animal welfare organisations support the Bill, their concerns can be discerned in some of the briefings. Battersea says the “beyond all reasonable doubt” criterion that an enforcement authority has to satisfy before issuing a fixed penalty notice could have unforeseen consequences for offences that currently require lower levels of proof. It rightly says that the guidance will be critical to ensuring that there is some uniformity of practice. I welcome the reporting proposals, but the reporting needs to be uniform so it is clear to enforcers when fixed penalty notices are the appropriate tool to use.
Similarly, the RSPCA says
“more discussion will be needed when secondary legislation is laid on which areas will be prioritised and what offences will be covered.”
In my view that is too late. There needs to be more clarity in the Bill, and the Minister has indicated that she appreciates that and that it will be considered in Committee. Indeed, she might wish to consider whether the entire system needs some oversight and whether there is a role for an animal welfare commissioner, as Labour has suggested.
It is perhaps worth asking some basic questions about why the current system does not work, or about the extent to which it does or does not work. Where is the empirical evidence? Has the research been done? If so, can we see it? How many prosecutions have been brought under the various legislation? How many were successful, and what was the effect? How much recidivism has there been?
A cynic might wonder whether this Bill should actually be called the “complete failure of the Tory criminal justice system, (attempt to clear the backlog)” Bill. Although some might see that as unfair, it is the Opposition’s job to ask questions, and we will. If we do not get the answers, we will draw our own conclusions.
We all want the legislation we pass in this place to work, and Sir David and I had exactly this discussion in the Chamber some months ago on his attempt to address the long-standing, vexed issue of tethered horses. He made the good point that if Acts of Parliament are not properly enforced, we find ourselves having the same debate 17 or 20 years later. It is crucial that we get it right.
I am happy to give the Minister the benefit of the doubt. I am not entirely convinced but, provided proper safeguards are introduced in Committee—I am sure I have her word on that—we can go forward together.
Duncan Baker (North Norfolk) (Con)
I am proud to support this Bill, as everybody has said today. I pay tribute to every comment about who is not here but should be.
To lighten the mood somewhat, I congratulate my hon. Friend the Member for Romford (Andrew Rosindell). He is a champion for all animal rights issues. I have not been home for two weeks, because last weekend my family came to London and I was checking out his wonderful work as chair of the all-party parliamentary group on zoos and aquariums with a visit to London zoo. He is right about the magnificent work and conservation that our zoos do in this country. I commend my hon. Friend on his handling of Vivienne, but he also had quite a job handling my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois). [Laughter.] He took his time.
It is fitting that we are talking about this Bill in the same week as the Second Reading of the Animal Welfare (Kept Animals) Bill. As we have been mentioning people’s pets, I cannot fail to highlight my pets briefly. There are my two children’s rescue guinea pigs. If Members are given the option of rescuing guinea pigs, do take it. The only use they serve is keeping the grass very short. The other pet is a rescue cat clearly named after the greatest guitarist of all time, Clapton. His rescue name was Eric.
I am delighted to reinforce our position that we are a global champion for animal rights. As my hon. Friend the Member for Milton Keynes North (Ben Everitt) said, it is worrying that so many complaints are made about cruelty to animals. In particular, there is the statistic that every 30 seconds, someone raises a call to the RSPCA in England and Wales. I hope the Bill of my hon. Friend the Member for Romford will start to address that. It is a bridging Bill, so it will do that. It is between where custodial sentences are not sufficient and crimes at the other end of the scale where the Bill will begin to take effect.
I have been asked to keep my speech short, but I mention that in North Norfolk, we are clearly an area of enormous animal lovers. You are somewhat in the minority if you are not found on the beach on a Sunday morning with a lead in hand walking the dog. For that reason, I welcome the pet theft taskforce launched in the summer. Many of us in rural constituencies have had huge numbers of animal thefts reported over the pandemic. The Home Office, the Ministry of Justice and the Department for Environment, Food and Rural Affairs all coming together to try to tackle this issue is very welcome. Having constituents too scared to go out and walk their dog for fear of having it stolen is a sad reflection on society. I am very proud and thank my hon. Friend the Member for Romford enormously for the work he is doing to bridge the gap and penalise those who do such a dreadful thing in society as harming animals.
Peter Gibson (Darlington) (Con)
I commend my hon. Friend the Member for Romford (Andrew Rosindell) on bringing forward this vital private Member’s Bill today. He has been a long-time campaigner for animal welfare and rights throughout his two decades in this place, and I am proud to support him today.
We must be clear that there is no place in our society for those who abuse and mistreat animals. I know that view is shared by many of my constituents in Darlington. Now that we are free of EU regulations, we are making the most of our ability to strengthen animal welfare laws, increase penalties and stop this heinous crime. I know that is a desire of my hon. Friend, and I know it was a cause close to the heart of our colleague Sir David Amess. I place on record my sadness at the loss of our dear friend. As has already been said, Sir David would have been here today, ecstatic at Vivienne’s victory.
My household is made complete by my three girls: Clemmie, my nine-year-old Jack Russell; Peppy, my seven-year-old Labrador; and Ebony, my four-year-old Labrador—each unique and all providing incomparable special companionship to me and members of my family, particularly my partner’s late grandmother and now my mother-in-law, who lives with us.
I am particularly glad to learn that my hon. Friend’s Bill has the endorsement and whole-hearted support of the RSPCA. It is welcome that the chief executive, Chris Sherwood, has highlighted the impact and effectiveness it would have to quickly combat the suffering of farmed animals, horses and animals kept in zoos. This Bill is another step on the journey to becoming one of the best countries in the world for animals, and I am delighted to support it.
Dehenna Davison (Bishop Auckland) (Con)
I rise to give my wholehearted support to my hon. Friend the Member for Romford (Andrew Rosindell) for this timely and important Bill, which will close a really important gap. It is not right that, in effect, the two options available for those committing animal cruelty are a slap on the wrist and a bit of guidance or a prison sentence. To introduce fines that vary depending on the criminality involved would be a fundamentally good thing, and I am pleased to hear a lot of support for the Bill from across the House.
I pay tribute to my hon. Friend the Member for Rushcliffe (Ruth Edwards) for her entertaining tales about her own menagerie. One thing that she said really struck me: pets are people in her household. It is exactly the same for me. I live alone, but I do not because I have my rescue puppy, Carter. I got him from the Dogs Trust in Sadberge, which was fantastic in how it handled the entire adoption process. I adopted him as a puppy, but adopting a terrier puppy is always difficult and came with some challenges.
I will share an anecdote about my little dog being a little bit naughty. Polling day is supposed to be as stress-free as it possibly can be. We all know that that is never going to happen, but my stress levels were massively heightened at one in the afternoon when someone came to the door of one of the houses we were using as a committee room. The door opened, and my puppy Carter was straight out, like a shot, through the gate and on to a main road—an A road. However, I must commend him for playing his part in tackling obesity by making me run a mile and a half down the road to retrieve him before he got hit by traffic. Thankfully, it was not a sad tale on polling day; it turned out fine. I absolutely told him off, burst into tears and gave him a big cuddle because, as my hon. Friend said, pets are people, and my little boy is definitely a valued member of my household. Once again, I pay tribute to my hon. Friend the Member for Romford and give his Bill my wholehearted support.
Mr Richard Holden (North West Durham) (Con)
I associate myself with the comments made by many hon. Members across the House about Sir David Amess. I know from speaking to him when he was in the Chamber that he was generous to Back Benchers such as me. He will be sadly missed. I am so glad that my hon. Friend the Member for Romford (Andrew Rosindell) and my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) were able to pay extra tribute to him yesterday with Vivienne’s victory.
I have met and remember Carter, the small and very active puppy who belongs to my hon. Friend the Member for Bishop Auckland (Dehenna Davison). However, today I am thinking in particular of Cookie, my family dog, who was on my election campaign in 2019 but sadly died last year. The Government have done a huge amount on animal welfare and this Bill would go another step in that direction. In the Animal Welfare (Kept Animals) Bill that is passing through the House, we are looking to tackle puppy smuggling and attacks on livestock, ban live animals for export and clamp down on issues around primates. One of the most excellent things about this Bill is that it treads the same middle ground on fine levels as other legislation that is going through the House.
I also associate myself with the comments made by my hon. Friends the Members for North Norfolk (Duncan Baker) and for Milton Keynes North (Ben Everitt) about pet theft, which has been a massive issue in my constituency. It is great to see the Government doing something about that.
Finally, I pay tribute to the great work of Farplace Animal Rescue in Weardale, which has centres across the country, and Westway Vets, which has done a huge amount to push me to support measures in this area. I hope that my hon. Friend the Member for Romford continues his great work. Perhaps microchipping could be the next animal welfare campaign that he could really push on.
Tom Randall (Gedling) (Con)
I congratulate my hon. Friend the Member for Romford (Andrew Rosindell) on introducing the Bill. He rightly praised the late Sir David Amess for his passion on animal rights issues, but we should also recognise his commitment. He speaks with passion on a number of subjects, but it is on animal rights and animal welfare that he speaks with the most passion of all. I am sure that he is proud to introduce the Bill, which follows in a long line of measures introduced by the Government.
The Government have a good recent record on animal welfare issues, from banning wild animals on travelling circuses to cracking down on live animal exports, passing the Animal Welfare (Sentencing) Act 2021—that Act is popular with my constituents—and introducing the pet theft taskforce and the pet abduction offence that has arisen from that. Pet abduction is of great concern among many constituents who have written to me. This Bill should be seen as following in that tradition. As others have explained, with the cross-compliance system under the common agricultural policy being wound down as CAP payments are being wound down, there is an enforcement gap between issuing the advice and pursuing a criminal prosecution, which can allow offences to slip through the net. This Bill will fill that gap. It is great to see that in this House we are able to realise some of the benefits of Brexit by introducing a simpler and more efficient system, and I look forward to this Bill coming on to the statute book very shortly.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Jo Churchill)
As was the case for everybody, my first and pleasurable task is to thank my hon. Friend the Member for Romford (Andrew Rosindell) for introducing this important Bill and for the passion and commitment he has shown on this issue, not only today, but for decades—many Members have referred to that. He has been concerned with caring for and looking after, and I, too, think that there is no more fitting tribute than that picture we saw this morning of him with Vivienne in his arms, which was just beautiful. I hope that our friend Sir David Amess is looking down and smiling on two individuals of whom he could not have been fonder.
Penalty notices will be an important tool in encouraging animal keepers to follow the rules and discourage them from committing more serious offences. The Bill is meant to be there in the middle for the redirection of behaviour, as has been so ably explained. It has the Government’s full support and we will do all we can to make sure that its passage through the Commons and Lords is as collaborative as possible, because I agree with my hon. Friend that getting legislation right is what we are all here to do.
I pay tribute to all those who contributed today: my hon. Friends the Members for Broxtowe (Darren Henry), for Rushcliffe (Ruth Edwards), for Hyndburn (Sara Britcliffe), for Newcastle-under-Lyme (Aaron Bell), for Milton Keynes North (Ben Everitt), for Runnymede and Weybridge (Dr Spencer), for North Norfolk (Duncan Baker), for Darlington (Peter Gibson), for Bishop Auckland (Dehenna Davison), for North West Durham (Mr Holden) and for Gedling (Tom Randall). I think that in only two contributions were we not shown that we are a complete nation of pet lovers, in not only the way we articulate it, but in the fact that we spend our lives rescuing and loving those four-legged friends, who, in the main, behave, Andrew notwithstanding. I have thoroughly enjoyed hearing about Poppy, Godfrey, Andrew, Geoffrey, Magic, Ninja, Frazzle, Clapton, Clemmie, Peppy, Ebony, Carter, Cookie and any I may have missed. I think the guinea pig has a hard time and it did not actually get named. I would love to add to that list my special Wellington, who is at home with a bit of a lampshade on at the moment.
Some 44% of us in this country keep a pet, and in the Department for Environment, Food and Rural Affairs we understand the importance of that. We also understand that farming is more than just a job, as my hon. Friend the Member for Milton Keynes North pointed out, and the majority of our farmers could be no better examples of people who love our animals. I am proud that this Government will continue to elevate our reputation for animal health and welfare in this country. We have a long tradition of protecting animals, as has been said. The UK was the first country in the world to pass legislation on this, with the Cruel Treatment of Cattle Act 1822. Recently, this House paid tribute to Sir David, but I just wish to reference the fact that he campaigned so diligently for animal welfare, as it was so important to him. He was responsible for introducing the Protection against Cruel Tethering Act 1988 and if this Bill goes forward to Committee, we could discuss how it might help take things forward in that area—my right hon. Friend the Member for Harlow (Robert Halfon) mentioned the issue only yesterday. It is precisely the sort of area we may wish to introduce this penalty notice in.
Sir David also campaigned to stop the testing of domestic products on animals, tackled the illegal wildlife trade and fought to end puppy farming. If he were here today, he would be joining this debate, with his humour. It is such a sad loss that we do not have him here.
We are continuing in the vein of innovating with legislation on this matter. Earlier this year, we published the action plan for animal welfare, setting out our aims and ambitions across the piece. In spring 2022, we will launch the animal health and welfare pathway, starting with a fully funded vet visit eligible to all farmers. The Animal Welfare (Sentencing) Act 2021 gained Royal Assent this year, as has been mentioned during the debate. We are planning further improvements to the lives of animals in a number of other areas, including setting up a pet theft taskforce. However, it strikes me that many areas are beating us to it. Through the Animal Welfare (Kept Animals) Bill that was debated in this place on Monday, we have begun steps to ban primates as pets. My hon. Friend the Member for Romford also spoke on that Bill. We will certainly also make good on the manifesto commitments to introduce compulsory microchipping for cats, and to address the issue of excessively long journeys for slaughter and fattening.
Robust enforcement for animal health and welfare touches the hearts and minds not only of individuals in this place, but of each and every constituent we have, no matter where we sit in this House. The Bill will fundamentally reform the way in which we enforce animal health and welfare across all farmed animals and kept animals in England. It will strengthen and safeguard animal health and welfare, building on the skeleton of the existing domestic enforcement framework. As my hon. Friend the Member for Romford said, there are currently few options beyond prosecution or that guidance, so we are widening the suite of available enforcement tools.
This will be one of the first opportunities to reform how we enforce our high animal health and welfare standards for farm animals now that we are outside the EU and as we move away from cross compliance, hopefully supporting our continued position as a world leader in animal health and welfare. The new system will use a mix of sanctions, advice and guidance to deliver high domestic animal health and welfare standards, thereby enhancing productivity, stopping the spread of disease and so on, and giving confidence to consumers and international trading partners.
Let me turn to a couple of comments made by the hon. Member for Cambridge (Daniel Zeichner). He asked whether there will be proper safeguards. We can look at the numbers through the reporting mechanism. I agree with him that more discussion needs to take place, and it will. We are committed to working with non-governmental organisations, relevant industries and enforcers pre-consultation to identify appropriate priority offences.
Ben Everitt
Does the Minister have any views on to what extent this is an issue on which we can lead the world? We are proud of our high animal welfare standards in the UK and we have a new global outlook. Are there opportunities to influence the rest of the world for the better on this issue?
Jo Churchill
It is always better to lead in areas of good behaviour than to follow. Perhaps if we work together, we can find ourselves in that sweet spot where we have the right suite of tools to ensure that where there is inappropriate behaviour, we are firm; where there is inappropriate behaviour at a low level because of a lack of knowledge, we can guide; and where there is something in between, we can use my hon. Friend the Member for Romford’s penalty notice to ensure that we can redirect that behaviour. We will be identifying priority offences to establish clear and effective guidance, and to ensure that serious offences continue to go through the court, which I think was the point that my hon. Friend the Member for Romford made to me yesterday and on the Floor of the House today.
Let me reiterate the Government’s unwavering support for this legislation. I give my commitment that I will do all that I can as the Bill proceeds through the House.
Mr Deputy Speaker (Mr Nigel Evans)
Before handing over to the Member in charge, may I say that the spirit of Sir David Amess has filled the Chamber today throughout this debate? I have no doubt whatsoever that had the tragedy not befallen Sir David, he would have been here today: he would have spoken and it would have been both caring and comical in equal measure. We miss him.
Andrew Rosindell
This is a great day because we have new legislation that will enhance animal welfare in our country, but it is sad because, as so many Members have mentioned, we are missing the greatest champion of animal welfare, Sir David Amess. We do miss him, but he will be looking down, giving us his support today, and Vivienne’s victory yesterday is an enormous tribute to him and everything he stood for in championing animal welfare in his entire time in Parliament.
I thank all hon. Members for their incredible support and very kind remarks today. I will not mention everybody, but it is lovely to know that the work of not only myself but all Members over the years to get to where we are today in being such a world leader in animal welfare has been acknowledged. There was a time when animal welfare was not on anyone’s agenda very much, but today it is a cross-party thing: all of us in this Chamber are absolutely committed to the highest standards of animal welfare we can possibly attain.
My Bill is going to bridge the gap in respect of those who do not care for animals in the way they should. It is not just about cruelty, but about mismanagement, things that are missed, and dealing with things in a proportionate way. I am very pleased that the shadow Minister, the hon. Member for Cambridge (Daniel Zeichner) has been reassured and has acknowledged that this is a good piece of legislation; we can amend it in Committee and look at ways to improve it, and I know the Minister is committed to doing that as well, but I hope it will unite all of us. I say that because almost all our constituents are animal lovers; we are a nation of animal lovers. So let us be true to them and true to the animals in our care, and pass this legislation and work together cross-party to ensure that we continue in the United Kingdom to be the world leader in animal welfare.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).
Animal (Penalty Notices) Bill
Wednesday 8th December 2021
(2 years, 11 months ago)
Public Bill CommitteesRead Full debate Animals (Penalty Notices) Act 2022 Read Hansard Text Read Debate Ministerial Extracts
The Chair
Before we begin, I have a few preliminary reminders. Members are expected to wear face coverings and to maintain distancing as far as possible. That is in line with current Government guidance and that of the House of Commons Commission. Please also give one another and members of staff space when seated, and when entering and leaving the room. I remind everyone that they are asked by the House to have a lateral flow test twice a week if coming on to the parliamentary estate. That can be done either at the testing centre in the House or at home. Please switch electronic devices to silent. Hansard colleagues will be grateful if Members could email their speaking notes to hansardnotes @parliament.uk. My selection and grouping for today’s meeting is available online and in the room. No amendments were tabled, so we will have a single debate covering all nine clauses of the Bill.
Clause 1
Powers of enforcement authorities
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss that clauses 2 to 9 stand part of the Bill.
Andrew Rosindell (Romford) (Con)
Good afternoon, Mr Twigg. May I say what a pleasure it is to serve under your chairmanship? It is a particular pleasure because we worked together on Falkland Islands issues; perhaps a last-minute amendment specifically about penguin protection might be appropriate. I thank you and all fellow members of the Committee for joining me to discuss and assist in the passage of what I believe is a landmark Bill.
As a lifelong advocate for the care and protection of animals, it is enormously satisfying to introduce a Bill that is so close to my heart in advancing the cause of animal welfare throughout this country. My Bill will reform fundamentally the way that we enforce animal health, biosecurity and welfare across all farmed and kept animals in England. It will safeguard and strengthen the health and welfare of animals in our care by building on the skeleton of our existing domestic framework for enforcement, which cruelly has few options beyond prosecution. Penalty notices will add a tool to our enforcement toolkit, giving our enforcement system the use of a wider range of deterrents.
Penalty notices will help to generate the right incentives for people to keep and handle animals, and will contribute to delivering high domestic animal health and welfare. They will enhance the credibility of our enforcement system in general. When, as I hope, the Bill is passed, it will apply to a range of listed Acts in clause 1, and will protect the health and welfare of companion, farm and zoo animals. However, for offences under the Acts to be used, they will need to be switched on through secondary legislation. That will be done only after proper consultation with non-governmental organisations, charities, enforcers, industry experts and others, to ensure that penalty notices are a good fit for the offence. Furthermore, the proposed reforms will continue to allow for education to be used as the right solution where appropriate, and for people to be redirected at an early stage away from inadequate practices.
I share the sentiment of many that redirection rather than punishment is often the most appropriate course of action, but there is a need for a proportionate approach when an offence is committed. I hope that there will be a strong cross-party consensus in support of the Bill, and I thank Members across the House for being open in sharing their thoughts and concerns with me to ensure that we get the new legislation absolutely right. I extend particular thanks to the hon. Member for Cambridge, who took the time to talk to me and the Minister about his views and concerns regarding the Bill. It was a productive conversation, and I hope we were able to reassure him and clarify points of uncertainty. No doubt we will hear from him later in the debate.
I believe wholeheartedly, as do many colleagues across the House, that it is right for animal keepers to face the consequences if they fall short of the actions required. Those who keep animals have a responsibility and an accountability for animal health, animal welfare and biosecurity across the country. Penalty notices will help to improve that accountability by steering individuals towards the right practices. Although penalty notices will have an impact, I want to be absolutely clear that they will not be an alternative to taking serious cases to court. They are an addition to existing laws, and do not take away from taking really tough action when serious offences occur.
The clauses build on each other to bring in a fair, proportionate and usable enforcement tool. They set out the scope of legislation covered, and allow for the detail of the offences to be determined in secondary legislation. This gives ample time for key stakeholder engagement, while the matters to be considered published on the face of the Bill give clear limitation on where, when and how penalty notices may be used in practice.
Once again I thank Committee members for their attendance today. I hope we can agree that the Bill is a significant one that should pass and go back to the House for its remaining stages. It will help to deliver our Government’s commitment to improving standards across animal health and welfare. The introduction of a new enforcement tool is a well-timed step forward in the cause of animal welfare, and I commend my Bill to the Committee.
Sarah Champion (Rotherham) (Lab)
It is a pleasure to serve under your chairmanship, Mr Twigg. I begin by thanking my friend, the hon. Member for Romford, for all his work on this Bill and on animal protection, which is deeply appreciated. It shows that Back Benchers really can make change in this place if they put the hard work in.
There is no excuse for animal cruelty in this country. The Bill allows for financial penalties of up to £5,000 to be given, as the hon. Member said, for existing animal offences and offences relating to animal products. Financial penalties may not always be the best response to an offence, but they are a useful enforcement tool that can be flexibly and consistently used, sometimes in addition to or instead of existing penalties.
Penalty notices may be applicable in a variety of situations where animals could be harmed—for example, if animals that are transported are not fit for the journey, or are transported in a way that could cause undue suffering. Another example would be where pet breeders fail to maintain appropriate records or ensure that puppies are microchipped before being rehomed. Such issues need addressing for the safety of animals, but it would be disproportionate to require the offender to go to court. A warning is often not enough, so financial penalties may therefore be required, which is why the Bill is so useful.
The penalties would differ for each type of offence, but the aim of the legislation is to deter animal owners or keepers from acting in a way that could potentially risk the welfare of animals. It is important that we have proportional yet effective punishments for abusing animals or putting their safety at risk. I welcome the fact that the Bill allows local authorities to use their measures, which are easier, quicker and use fewer resources than many other punitive provisions, especially at a time when courts face such backlogs.
As the chief executive of the Royal Society for the Prevention of Cruelty to Animals, Chris Sherwood, said:
“Fixed penalty notices are really useful to quickly combat suffering of farmed animals, horses and animals kept in zoos.”
The Bill is largely welcomed by the animal charities and organisations including the RSPCA, Battersea Dogs & Cats Home and BIAZA—the British and Irish Association of Zoos and Aquariums. I hope that the Department for Environment, Food and Rural Affairs will work closely with them in developing the guidance to support the Bill.
Good and responsible zoos, farmers and pet owners or breeders should have nothing to worry about with the introduction of the Bill. The measures in it, however, can be used to ensure that standards are upheld and animals are looked after in the best and safest of ways. If that is not the case, enforcement agencies can decide on an appropriate response.
The hon. Member for Romford clarified some points, but I would also like reassurances from the Government. Under subsection (3), will the Government provide more detail on which Acts they expect to introduce regulations under? Furthermore, will the Government offer assurances on the process by which the decisions will be made? For example, will the Government consult the Zoo Experts Committee before introducing any further regulation under the Zoo Licensing Act 1981.
Overall, I am so proud to support the Bill as it passes through Parliament, to help ensure that no animal faces needless pain or risk to its safety. The UK can and should be a world leader in animal welfare standards. I hope that the Bill will continue to drive up adherence to those standards across the country.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
It is a pleasure to speak in Committee today. I start by deeply congratulating the hon. Member for Romford. The Bill is excellent and will protect the most vulnerable animals. It will also steer owners in the right direction on education and their willingness to pursue it.
The Bill does not apply to Scotland directly, but I can inform the Committee and the hon. Member promoting the Bill that it has already been covered in the news in Scotland. In our local news, it was the most popular article for many months. We were astounded by the response. That shows that, wherever we are in the United Kingdom, we want to see animal welfare standards at the highest level. We support progress right across the United Kingdom on such matters.
Sarah Champion
In that case, will the hon. Member confirm that she will propose similar legislation for the Scottish Government to adopt in the future, as it is so popular up there?
Dr Cameron
I thank the hon. Member for that intervention. I am not in the Scottish Parliament, so that might be difficult, but given the groundswell of opinion and support for the Bill, we should certainly be looking at exemplars of best practice right across the United Kingdom and taking those forward wherever they happen. I will certainly be advocating the same, which is why I am here today, to support the Bill whole- heartedly.
We are here in Committee with a broad consensus, although obviously we have to look at some of the details about which there might be disagreement among those present, to take things forward. However, I want the hon. Member for Romford and the Committee to know that the public seem to be firmly behind the Bill. For animal welfare everywhere, the hon. Member promoting the Bill is certainly being innovative, and this ground- breaking work is showing true leadership in animal welfare.
Daniel Zeichner (Cambridge) (Lab)
It is a pleasure to serve with you in the Chair, Mr Twigg, for the first time. It is also a pleasure to follow two such constructive and positive speeches. I might be a bit more grouchy, but that is part of my charm. I congratulate the hon. Member for Romford on getting a private Member’s Bill this far. We all know the potential hurdles that must be encountered on Friday mornings. He has done a really good job.
Clearly, however, this is a Government Bill. If we look at the action plan for animal welfare—which many of us welcomed—it is clear at section 4, on “Sentience and enforcement”, that the Bill is a Government one, so I will treat it as such: many of my questions are directed to the Minister via the hon Member for Romford.
Andy Slaughter (Hammersmith) (Lab)
It is a pleasure to serve under your chairmanship, Mr Twigg. I congratulate the hon. Member for Romford on the Bill, and I entirely support its principle.
I have a brief question for the Minister on the use of fixed penalty notices. They are increasingly being used to do the heavy lifting in the criminal justice system. They clearly have a function, and it is clear what the intended function is here: to fill a gap. The experience with fixed penalty notices over recent years, particularly during covid, has not been a good one on either side. For the Ministry of Justice, if there is not proper recourse to a judicial process, that contains many risks for the alleged offender. On the other hand, if fixed penalty notices are used and not followed up, one gets into the situation where they are issued and there is no consequence. If time goes by and they are not enforced, the period in which they may be enforced elapses.
What I am concerned about is not that fixed penalty notices are being proposed for use; it seems a suitable use. I am concerned about our experience of them at the moment. I entirely understand why the Government want to use them. There is huge pressure on the criminal justice system. The backlog, not only in the Crown court but in the magistrates court as well, was very large before covid. It is now extremely large indeed, and it is not timetabled to come down over any short period of time.
I absolutely understand why the Government would look to fixed penalties as a way of trying to deal with the backlog and relieve some of the pressure. However, it comes with a whole raft of other changes, such as single justice procedure, where there is less scrutiny of offences, less of an opportunity to have one’s day in court and less public access to the justice system. All of those are risks with fixed penalties.
Often these are emotive, quite serious offences. I understand that the fixed penalty notices are intended to deal with those at the lower end, but I wonder if the Minister could say something about this. Could she give us reassurance that, for somebody who believes they are wrongly being given a notice, there will be a proper and clear course they can take that will lead to a judicial process? Secondly, are the mechanisms there to ensure that the prosecuting authorities are able to enforce these notices and that they do not just become pieces of paper that people can disregard?
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Jo Churchill)
It is a pleasure to serve under your chairmanship, Mr Twigg, I think for the first time.
I thank everybody for their contributions. I will go through what I intended to say, and then come on to some specifics if there is any feeling that I have not addressed them. It is also a great pleasure to see Members such as my hon. Friends the Members for South East Cornwall and for Crawley, who with our hon. Friend the Member for Romford have a fine history of supporting animal welfare in this place.
I thank my hon. Friend the Member for Romford for introducing this private Member’s Bill; as the hon. Member for Rotherham said, my hon. Friend has a long history of supporting animal health and welfare. As chair of the zoos and aquariums all-party parliamentary group, a former shadow Minister for animal welfare and an advocate for the care and protection of animals, he takes this whole area incredibly seriously. It has been a pleasure to work with him thus far, and I look forward to supporting him going forward.
I thank hon. Members who have been selected to serve on the Committee and the organisations for the support they have given the Bill. They include the RSPCA, which I last had a conversation with as recently as yesterday; I thank it for sharing its thoughts. It falls into the three categories of those in the farm animal sector, such as the National Farmers Union, the Country Land and Business Association and so on; those in the companion animal sector—we have engaged with Battersea, the RSPCA and Cats Protection, among others—and those in the zoo sector, such as the British and Irish Association of Zoos and Aquariums. I say to the hon. Member for Rotherham that of course we will engage with the experts. Much of this is to be driven by engaging with those stakeholders, because they know the situation best. They are also aware of where some of the challenges to getting the balance right lie, as we progress with the statutory instruments.
The Bill, which had its Second Reading on 29 October this year, introduces a new financial penalty system, as has been said, and adds to the tools that we can use against those who commit offences against animals, demonstrating that we will not tolerate threats to the health and welfare of animals, the quality of our animal products, or the biosecurity of our nation. As Members on both sides have said, we in this country pride ourselves on our high standards of animal welfare, and we have powerful laws to maintain them, as the hon. Member for Cambridge alluded to. The hon. Member for Rotherham asked which Acts the penalties pertain to. They are the ones listed in clause 1, which I will not read out, and the Dangerous Dogs Act 1991, highlighted in clause 2.
Kerry McCarthy (Bristol East) (Lab)
I am pleased that this legislation is before us and that we finally seem to be making progress on the Animal Welfare (Sentience) Bill, but I was told, I think a couple of years ago, that the Government intended to introduce a big, comprehensive animal welfare Bill to try to tie up all loose ends and ensure that we have overall protection, rather than rely on private Members’ Bills, SIs, and bits and pieces here and there. Has that been dropped?
Jo Churchill
A comprehensive selection of Bills are going through Parliament, looking at the whole of animal welfare and ensuring that those gaps are plugged. That is why we support today’s Bill. It is about having a proportionate response, and ensuring that where we find a gap we find the right tool to deal with it.
For the most severe crimes of cruelty and abuse, imprisonment will always be the correct response and the most appropriate course of action. We have the necessary powers to deliver that. The Animal Welfare (Sentencing) Act 2021, which was passed in the summer, introduced a welcome longer prison sentence for heinous animal welfare crimes, which I am sure we all agree with. We now need penalties to redirect behaviour, which was the point that my hon. Friend the Member for Romford made. It is about ensuring that, where appropriate, people can be put on to the correct path of behaviour before more troublesome and more abusive crimes are committed, and that we use the most proportionate and effective measure for each of them.
The Bill provides for penalties to redirect behaviour where animal keepers are not doing the right thing. We have an opportunity to improve how we tackle offences relating to animals and animal products. I would like to restate the relevant offences will be determined during collaboration and formal consultation with stakeholders, including those mentioned here, as I reaffirmed yesterday in discussion with the RSPCA.
Clause 1 is essential to establish the relevant offences and the enforcement authorities for those offences. It lists all the legislation to which penalties notices could apply, protecting the health and welfare of companion, farm and zoo animals, biosecurity and animal products. That does not mean, however, that the penalty notices would be considered an appropriate enforcement measure for every offence listed in the legislation.
Through the passage of the Animal Welfare (Sentencing) Act 2021, another private Member’s Bill, it was good to see the punishment for acts of cruelty being bolstered to a custodial sentence of five years. Once again, I would like to put on record that we have no intention of watering down the severity of offences. However, it remains imperative that all the legislation listed in clause 1 remains as it is. In that way, we can properly consider, in collaboration with stakeholders, which offences are suitable for a penalty notice and which are not.
We will explain further in the guidance under clause 4 that will accompany the new regulations, to ensure penalty notices are used appropriately and consistently without diminishing how they address the most serious offences, particularly that of cruelty. Designating the most appropriate enforcement authority for each offence is important to ensure the right people have the right powers to take action and change the behaviour of those committing less serious offences. Actually, it might be the good breeder who helps make sure that the behaviour is the right one. It does not necessarily always fall to an enforcement officer to issue the behaviour notice in the first place. We want the whole system to be one that engages and directs people’s behaviour. Then, the enforcement officers can either bring the direct commentary to the individual or step it up to a fixed penalty notice or, in the case of a heinous crime, use the court.
Daniel Zeichner
The Minister’s explanation is helpful, but I echo the thoughts of my hon. Friend the Member for Bristol: one can discern the Bill, as the Minister explains, but would it not be better to have an overreaching explanation so the wider world could understand the thinking? It takes interrogation of the Bill to understand what the plan is.
Jo Churchill
Most of our laws are made up of a collection of things that direct people’s behaviour in the right direction. The selection of animal welfare regulations from private Members’ experience, although there are gaps, from the Government legislating and from external stakeholders, is the right way to go on to ensure we cover everything effectively.
Enforcers must be satisfied beyond reasonable doubt before issuing a penalty notice, which goes to the hon. Gentleman’s point. If, for example, a case ends up in court because someone chooses not to pay because they wish to defend themselves in court, there must be a burden of proof. That is how we envisage this Bill working. Enforcers must be able to clearly articulate the evidence and the offence to the offender and be ready to pursue prosecution if an offender chooses not to pay or wishes to clear their name in court.
The clause also includes provision for the enforcing body to rescind a notice at any point. It adds an additional layer of protection for the recipient, such as in the event of an error or where prosecution is later deemed to be more appropriate. The additional tool will provide early redirection to those who are not doing things quite right, helping to prevent more serious offences from being carried out later.
Daniel Zeichner
This is the point I was trying to get to earlier. I think the point that Battersea is making—I have not read every piece of legislation it refers to in the level of detail required to know the answer—is that there are offences in there that do not require the same level of proof, in which case it worries, and I worry, that this could be undermined. Could the Minister tell us how many of those cases are within the legislation, or whether that could be revealed by the grid that is to be drawn up?
Jo Churchill
The grid has been drawn up. It is just going through the process of clearance. I hope to have it with the hon. Gentleman imminently; I was hoping to get it to him before the Committee sat. It is through discussions with Battersea and other stakeholders that we give clarity to the offences we are trying to pursue. Essentially, this comes down to the burden of proof. Tail docking would be unacceptable in some circumstances, but some working dogs have to have their tails docked, so we need to ensure that we have a proportionate approach. We have spoken to stakeholders to ensure that we do not have unintended consequences there.
Clauses 2 to 9 build on the foundation of clause 1 to provide a clear framework for animals, keepers and enforcers alike. Clause 2 is near identical to clause 1, but brings up the Dangerous Dogs Act 1991, which is reserved. The purpose of the clause is to extend penalty notices for dangerous dogs offences to Wales, because obviously this legislation applies to England and Wales. Clause 3 is the workhorse of the Bill, setting a maximum fine amount and ensuring that both the enforcement authority and the person offered the fine understand their obligations. Clause 4 ensures that penalty notices cannot be used in a disproportionate way, such as for acts of animal cruelty, once again reaffirming that penalty notices are not for those serious acts but are the yellow card in the toolbox of the enforcer. Clause 4(2) establishes their proper and appropriate use as a means of early redirection. The matters to be taken into account mitigate the risk of penalty notices being used inappropriately without needing to list every specific offence in the Bill.
The matters in clause 4, alongside the guidance that will be laid before Parliament, will ensure that enforcers strike the right balance between advice, guidance, penalty notices and prosecutions, which I am sure we agree is the best way forward to ensure that those committing offences are properly encouraged to fulfil their responsibilities to the animal in their care. This all requires careful consideration, with the appropriate expert input, because it is to the experts that we will look to help us draw up the statutory instruments, at which point, again, there will be a second line of examination to make sure that we are going in the right direction. Laying the guidance before Parliament for specific offences allows time for thorough, crucial engagement with users, stakeholders and enforcers.
Clause 5 states where the proceeds from penalty notices will be paid. It is integral to the sound functioning of the Bill, enabling enforcers to retain costs associated with any enforcement, therefore limiting the financial burden. Clause 6 specifies the reporting requirement, which will ensure transparency and accountability. I share the views of Members from across the Committee—including the hon. Member for Cambridge, who brought this up—that that transparency and accountability through the reporting mechanism and the stakeholder engagement are crucial and will help to ensure that guidance has been followed consistently and that we have more oversight, rather than the numbers being lumped together.
Clause 7 states that secondary legislation will be required before a penalty can be issued for an offence. I am sure the Committee will agree that it is vital that full consideration is given to each offence individually to ensure that only appropriate offences will be included.
Sarah Champion
Does the issuing of penalty notices also have a cumulative effect when it comes to court hearings? If someone has received a number of them or has not paid a penalty notice, might a more severe sentence be issued?
Jo Churchill
Should somebody receive more than one penalty notice, that is part of the suite of evidence that shows that they have not been behaving. We cannot just carry on giving fixed penalty notices. We cannot argue for these measures as having the power of redirection to improve behaviour, and then not expect to see behaviour improving. A penalty notice might be the right thing to do for low-level offences—the hon. Lady gave examples of what those might be—but not for committing the same offence repeatedly. People cannot just be given fixed penalty notices repeatedly. We are looking for another tool in the toolbox to redirect and improve behaviour, to ultimately help care for the health and welfare of animals.
I have answered the hon. Member for Rotherham. The Acts are listed. We will speak to the zoos as we will speak to all Members.
I thank the hon. Member for East Kilbride, Strathaven and Lesmahagow for her comments. I hope we will see Scotland follow us in this measure, to ensure that animals right across the UK are looked after, because I know that, across all four nations, we are a true nation of animal lovers.
This is about ensuring the burden of proof. Penalty notices are another tool in the toolbox. I hope we do not focus on the fact that a fixed penalty notice cannot be issued without the proper investigation, because it has to be as robust as it would be if we were pursuing alternative measures. As we work through the finer points with the organisations—I know the hon. Member for Cambridge is in regular contact with them— I hope that we will get to the point where we have reassured him, but, more importantly, reassured those who look after animals that where there are cases, there is extra care for those animals. That is the whole point of introducing the Bill, as my hon. Friend the Member for Romford said.
Jo Churchill
I feel like I have given way enough. I thank the Committee for its comments and support.
Andrew Rosindell
I thank everybody here from all parties for their contributions. The Minister has taken on board a lot of the comments that have been made. I know there are things that need to be ironed out and further explanation to be given, but I think we all agree that the principle of the Bill will enhance animal welfare in this country.
In particular, I thank my friends the hon. Member for Rotherham, for her contribution and for her steadfast support for all the animal welfare work that I do and for the Bill, and the hon. Member for East Kilbride, Strathaven and Lesmahagow for her enthusiastic support. I have no doubt that she is bound to suggest this in the regular chats I am sure she has with the First Minister, over tea and cake, to give her some ideas about future legislation in Scotland.
We are all animal lovers—whatever party we represent, we are all on the same side when it comes to the care for and welfare of the animals for whom we are responsible. Where I come from, we are responsible for these creatures. They need us to protect and look after them, to care for them and to enhance their wellbeing. I hope that this legislation will take us a step forward in making the United Kingdom the best country in the world for animal welfare.
I also thank the supporters of this addition to our enforcement system who are not able to attend today. Many Members across the House who are not on this Committee offered their support and spoke on Second Reading, and many others have contacted me to express their enthusiasm for the Bill. Let us maintain that enthusiasm and continue the momentum until the Bill gets over the line. Remember, maintaining momentum up to that point—and beyond—is so important. I am sure we will continue to make progress as the Bill progresses to Third Reading and then on to the other place.
I offer my heartfelt thanks to my hon. Friend the Minister. Her commitment and dedication to animal welfare and her detailed explanation of the Bill has been helpful to all of us. It has given us the confidence to believe that the Bill will be a great addition to our legislation for the protection and wellbeing of animals. It has been a great pleasure to work with the Minister.
The winners from this legislation will be the animals in our care, to whom we have a solemn responsibility. That is the intention of the Bill. I could not close the debate without once again thanking the many organisations that have campaigned for and supported the new legislation. They have helped so much by providing advice and support throughout the process.
I also thank my team in my parliamentary office, in particular Elliott Keck and Stephen Reed, who have worked so hard on the Bill with officials from the Department for Environment, Food and Rural Affairs. I thank the Clerks, who have been so helpful in facilitating this Committee stage and the passage of the Bill so far and, as always, for their advice and guidance. Finally, I thank the officials from the Department for Environment, Food and Rural Affairs, who have been truly magnificent in advising and helping with consultations. They have given so much support to make sure that we were able to get the Bill to the stage we are at today.
I hope that we can press ahead. I look forward to the day in the very near future when the Bill is placed on the statute book. I believe it will reinforce our country’s reputation as a world leader on animal welfare and will continue to enforce the love of animals and protection of the animal kingdom across this nation of ours.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 9 ordered to stand part of the Bill.
Bill to be reported, without amendment.
Animals (Penalty Notices) Bill
Friday 4th February 2022
(2 years, 9 months ago)
Commons ChamberRead Full debate Animals (Penalty Notices) Act 2022 Read Hansard Text Read Debate Ministerial Extracts
Andrew Rosindell (Romford) (Con)
I beg to move, That the Bill be now read the Third time.
I thank you, Mr Speaker, and all Members in the House who have joined me today to help me bring my Bill to its remaining stages on the Floor of the House. I also thank the Public Bill Committee, which considered the Bill in detail on Wednesday 8 December last year. The discussion was insightful, and I appreciate the careful and detailed consideration that has gone into the process so that the Bill can today reach this point.
It is clear that we are truly a nation united by our love of animals, and my Bill has attracted strong support from all parties in this House and, most especially, from animal welfare organisations across the country. I am pleased that it has progressed through the House without a single amendment and that Members on both sides of the Chamber value not only its spirit but its content.
I am delighted by the energy shown by so many in ensuring that we get the Bill absolutely right so that it has the best possible impact on animal welfare across the country. Important conversations have been ongoing throughout its passage involving all parties in the House and key organisations outside. Ultimately, that has allowed the Bill to arrive at this final stage.
As you will know only too well, Mr Speaker, I have, like you, been an advocate for the protection of animals my entire life, and particularly during my 20 years as a Member of Parliament. My own dogs were Staffordshire bull terriers called Spike and Buster and they were the best companions anyone could have wished for. They campaigned for me in every general election, sporting their famous Union Jack waistcoats. I have fond memories of my hon. Friend the Member for Buckingham (Greg Smith) looking after Spike during the 2001 general election, and I am delighted that he is in the Chamber to support my Bill.
As we love our country, we also love our animals. From my experience of speaking to constituents and working closely with animal welfare charities, I know the joy that animals can bring. Protecting animals should unite us all. We have a duty of care to the animals that we are privileged to live alongside—household pets, wild animals, farm animals and all creatures of land, sea and sky.
Greg Smith (Buckingham) (Con)
My hon. Friend mentions farm animals. I do not know of any farmers who deliberately mistreat their animals, but sometimes false accusations are made against them. There is some concern in the farming community about the appeals process if they are given a penalty charge notice. Will he assure the House that there is a robust appeals process in his Bill?
Andrew Rosindell
There absolutely has to be, and my hon. Friend is right to raise that point. The purpose of the Bill is to deal with fairly minor offences and act almost as guidance. It is not there to deal with serious offences, which would still be handled through the usual process. I take on board his point that when false accusations are made there must be a robust appeals process, and I know that the Minister will take that on board in dealing with any secondary legislation. I thank my hon. Friend for his intervention.
Our dearly missed friend and departed colleague, Sir David Amess, shared my view on the Bill. He shared all my views on animal welfare and was the greatest champion of the issue among Members of Parliament. He dedicated his life to that. We think of David today, on the first day of a new Member, my hon. Friend the Member for Southend West (Anna Firth). We wish her all success as David’s successor, but no one could replace David. He was unique, and we think of him all the time. His stance on animal welfare never changed throughout his 38 years in Parliament. In fact, he introduced a private Member’s Bill in 1998 that strengthened protections for horses tethered by the roadside, and through his tireless campaigning inspired so many others to continue the fight for strengthened protection for animals. We remember him as we carry on the fight to defend and protect animals throughout the United Kingdom.
It has been an honour to have the opportunity to introduce a Bill that I believe will make a real difference to the lives of animals and help promote greater understanding of welfare. This Bill will directly benefit the health and welfare of this country’s farmed and kept animals and will increase accountability when our country’s biosecurity is put at risk. The Bill introduces enabling powers so that we can apply penalty notices to the appropriate offences and establishes the framework crucial to introducing these penalties through statutory instrument. Penalty notices will bolster our existing enforcement measures and give enforcement authorities more options to influence positive behaviour when it comes to caring for our farmed and kept animals, including companion animals and zoo animals.
As chair of the zoos and aquariums all-party parliamentary group, I recognise that this is a welcome development for that sector. Having worked very closely for so many years with the excellent British and Irish Association of Zoos and Aquariums, which does so much for zoos and the care of animals in zoos and aquariums across the country, I know that it agrees that penalty notices are the right way forward. The debate in Committee highlighted the wide support for the Bill and what I believe it will achieve. I have held ongoing discussions with various non-governmental organisations, and I am delighted that there is a strong consensus that penalty notices will benefit this country and should be introduced. I share the same enthusiasm and excitement for this legislation, which I truly believe will be a gain for animal welfare across this country.
I am also grateful to the organisations that have already invested their time in engaging with myself and the Department for Environment, Food and Rural Affairs to consider the Bill and how it will work for them in practice, and sharing their views so that we can make the Bill as effective as possible. The support of the Royal Society for the Prevention of Cruelty to Animals, Battersea Dogs and Cats Home, the National Farmers Union, Blue Cross, Cats Protection, the National Sheep Association and the National Pig Association, as well as many other animal welfare groups across the country, has been invaluable.
I once again thank hon. Members here today for supporting this landmark Bill, and for the many contributions made at its previous stages. I hope we can agree that this important Bill should progress today, so that it may continue its journey in the House of Lords under the stewardship of the right hon. Lord Randall of Uxbridge, who has agreed to champion my Bill in the other place. The wellbeing and safety of animals is something that I know matters to us all, so as a nation of animal lovers, let us continue to lead the world in enhancing the cause of animal welfare.
I would like to place on record my sincere thanks to the Minister who is not here today, the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Bury St Edmunds (Jo Churchill). She has done so much to support my Bill, and has been very dedicated in helping to ensure that the Bill has reached this stage. It has been my pleasure to work with her to ensure that this new legislation has arrived in this place today, and I thank the Minister in her place—the Minister for Farming, Fisheries and Food, my hon. Friend the Member for Banbury (Victoria Prentis)—for standing in and leading in today’s debate.
I would also like to thank those organisations and Members who have provided such valuable care to animals for vocalising their support for this Bill and giving me full confidence that penalty notices will be a welcome addition to the enforcement of animal welfare when they become available.
Lia Nici (Great Grimsby) (Con)
I thank my hon. Friend for bringing forward this very important Bill. I think members of the public listening or watching might be surprised that this kind of Bill needs to be brought in. What changes will it make to improve the situation and assist us in making sure that people are not being cruel to animals?
Andrew Rosindell
My hon. Friend makes a really important point, because we need to understand the purpose of this Bill. At present, enforcing breaches of animal welfare laws means having to prosecute, so it takes a long time, and involves going to court and all those processes. However, many offences are very minor—mistakes that individuals may have made inadvertently—so, a bit like a parking ticket, the penalty notices are a way of informing people, when they have not done something very serious, that they need to do things better in future. The Bill will give the enforcement authorities greater powers to deal with minor offences speedily, rather than having to go through long processes. Of course, some of those cases will never be prosecuted, because in effect time runs out; there is not enough time to deal with the issue. This Bill will be really effective as a way of dealing with such cases quickly. That is really the nub of the Bill; it will increase the powers in animal welfare laws and make them a lot more effective. I thank my hon. Friend for her intervention, and hope I have explained the background clearly to her.
This Bill will fundamentally reform how we enforce animal welfare, biosecurity and welfare across farmed and kept animals in England. I hope other parts of the United Kingdom will follow suit when this Bill becomes legislation. I believe it will improve this country’s response to offences and strengthen our position as a world leader in the welfare of animals, with whom we are privileged to share this planet. I sincerely hope that we will see it placed on the statute book in the very near future. This is a good Bill that will improve the lives of animals and guide the people of this nation towards better protection and welfare of the animals we all care so much about, and I commend it to the House.
Stuart Anderson (Wolverhampton South West) (Con)
Thank you, Mr Speaker, for calling me so early in the debate. I think we can all agree that my hon. Friend the Member for Romford (Andrew Rosindell) has brought a hugely important Bill to the House. It shows that cruelty to any animal will face serious consequences, and he should be commended for such a worthwhile Bill. If my hon. Friend will bear with me, he is, if I have got this right, the chairman of the all-party parliamentary group on zoos and aquariums, a former shadow Minister for animal welfare, and a committed advocate for the care and protection of animals. He speaks with great experience and authority, so I will be delighted to support this Bill, which will crack down on animal offenders and establish a more consistent, targeted approach to protecting all animals from harm.
I need to be clear that animal cruelty has no place in our society, and I am so delighted that this Bill will close the gap that is being exploited by cruel animal abusers. The Bill has received significant backing from key stakeholders, as my hon. Friend has said, including the RSPCA, which has said that the measures would help to combat the suffering of farmed animals, horses and animals kept in zoos. I welcome the assurance that the animal cruelty offences will always be prosecuted and that penalties will be used in conjunction with tougher sentences to provide better safeguards for all animals. This Bill will provide a welcome powerful additional enforcement tool, providing authorities with an extra measure that could be used alongside warnings and criminal prosecution. I support this Bill, because it builds on the Government’s decisive actions to improve our already world-leading animal welfare standards, including raising the maximum prison sentence for animal cruelty.
Just months after being elected, I met, as did many other Members, Finn, a former police dog who was attacked while pursuing a suspect. Finn’s story convinced me—not that I needed much convincing—of the need to increase the maximum sentence from six months to a more respectable five years. I met many service animals in my time in the armed forces, and I know that they not only work hard but that their actions have saved many lives. I remember when serving in Northern Ireland in the troubles doing 5 metre and 10 metre checks: when walking along a street, every time we stopped we had to look around to check for improvised explosive devices and command wires. We were always nervous doing that and when we had sniffer dogs with us that could smell any explosives a mile away we felt safer straight away.
In 1999, I deployed to Kosovo for the conflict. We were living in very harsh conditions, working 20 to 22 hours a day on average and living in derelict buildings at the start. We were shattered for much of the time. I remember my patrol coming back in one day and meeting one of the attack dogs—war dogs—in the operation rooms. Most of my blokes were too tired to eat, but as we walked in and came face to face with one of the British Army’s finest attack dogs, who certainly made us aware that we had got too close to him, we were all wide awake straight away.
More seriously, a friend of mine who was serving in the British special forces in Afghanistan was, unfortunately, shot in the neck and killed. As a result, the Special Air Service decided to use dogs as members of their team, so they have become an extra member of their team in operations. From knowing some of the people who have used these dogs on operations I can say that they have saved countless lives. Those are some of my personal experiences, where I have seen the love for animals and where they have saved human lives.
I also support this Bill because it provides an important educational tool that can be used before offences become more severe and can prevent offenders from repeating their mistakes—let us educate people on this issue. As a local MP, I want to do all I can to ensure that Wolverhampton becomes a safer place to live, work and visit for everyone, and that includes all the animals that co-inhabit it.
Matt Vickers (Stockton South) (Con)
I pay tribute to my hon. Friend the Member for Romford (Andrew Rosindell) for doing so much to further the case for animal welfare: as a former shadow Minister for animal welfare and the chair of the all-party group on zoos and aquariums, he is an advocate like no other. They say that dogs are a man’s best friend; it is no stretch to say that my hon. Friend is one of the UK animal population’s best friends.
One of my best friends is a sassy little bitch called Karen, a pomeranian chihuahua, or pomihuaha. She is a very small dog with a very big personality—the ultimate companion who can cheer me up at the end of a long day and bring a smile to my face in the toughest of times. Through my time with Karen I am reminded of the special place our pets and animals have in our homes and hearts, why Britain is a proud nation of animal lovers, and why it is so important that we protect our furry friends.
I am very proud that our Government are striving to ensure our animal welfare standards continue to be world leading. We have had the Animal Welfare (Sentencing) Act 2021, or Loder’s law, which has increased the maximum prison sentence from six months to five years for those who harm animals, and a new offence of pet abduction to tackle the sick and depraved individuals who would steal someone’s cherished pet and deprive them of an often-priceless relationship. We also have the Animal Welfare (Kept Animals) Bill tackling puppy smuggling and the export of live animals for slaughter. My hon. Friend’s Bill will bridge the gap between criminal prosecution and warning letters so that action can be taken and sanctions issued straightaway to protect our animals’ health and wellbeing.
In this country, we have an incredible farming community who go above and beyond to care for their livestock. We also have an amazing network of zoos that delivers incredible educational opportunities for youngsters and protects and cares for exotic and rare species to high standards. In our own homes, we are a nation of animal lovers. People across Britain love, cherish and adore their furry friends and family members, but how do we deal with the small minority who do not provide that level of care?
There is currently a gap in the powers available to deal with those people and in some cases we fail to provide a fair, firm, proportionate and prompt response before reaching the threshold for prosecution. It is devastating that last year the RSPCA received 57,000 complaints of animal cruelty. The Bill will provide the penalties and the means to tackle that behaviour at an earlier stage as well as an educational tool to prevent bad situations from getting worse. Our pets are family members and friends who deserve protection. We should give the authorities all the powers they need to tackle those who would do them harm.
Siobhan Baillie (Stroud) (Con)
I commend my hon. Friend the Member for Romford (Andrew Rosindell). It is quite an achievement to secure a Bill with no amendments and cross-party support, and with everyone smiling here today. He is right that this country is united by a love of animals. I have had that reinforced in particular when campaigning on the pet theft laws that the Government are bringing in. It matters a lot to people in Stroud, where we have an amazing rural crime team. The police in particular have asked for increased protections, and the Bill will help with that among the array of tools that the Government are providing. The Government have an excellent track record in protecting animals and increasing welfare standards, and I look forward to hearing from the hard-working Minister—this is my second debate with her this week, so I know that she is always on her feet.
Stroud has an excellent track record on animal welfare and taking care for animals. We have a range of well-loved organisations set up to care for animals, including: Teckels; Cotswolds Dogs and Cats Home; Wild Hogs Hedgehog Rescue; Help a Hedgehog Hospital; Nailsworth Donkey Sanctuary; and Scrubditch Care Farm, just outside my patch, with which I have worked a lot. They are all fantastic organisations, and there are many more.
Yesterday, I was at SGS Stroud College with the skills Minister—the Under-Secretary of State for Education, my hon. Friend the Member for Brentwood and Ongar (Alex Burghart)—where we met animal welfare students busy bathing guinea pigs, which was a complete novelty for the Minister. When we talked to the students and apprentices, we learned that they want to take these qualifications so that they can go on to university and become vets or perhaps go into rescue centres. They will certainly welcome the early intervention measures offered by the Bill.
I am a cat person—my brother bought me a mad cat lady action figure—but my marriage and this job stop me from having a house full of cats. I love all animals, and I know that if I ever lose this job, I will have a house full of animals—that keeps my husband campaigning to keep me in the job.
It is clear from listening to colleagues that we need the steps that the Bill brings, because relying on prosecutions, the police and the courts will not be enough—we know about the delays and pressures on our courts—and it will also not be a deterrent for people who cause problems for and are cruel to our animals. The Bill will speed up penalties for issues relating to animals and should act as a deterrent. We should all be focused on preventive action and early intervention, so I welcome that. I also note that leading lights and trusted charities such as Battersea Dogs and Cats Home have said that they broadly support the contents of the Bill and that they really welcome using fines for technical and low-level breaches. The Bill is good enough for organisations such as Battersea Dogs and Cats Home, and brilliant for my local amazing charities and organisations in Stroud: it will protect our furry friends; it has cross-party support; and I am incredibly pleased that the Government are supporting it. Well done to my hon. Friend the Member for Romford (Andrew Rosindell).
Mr Gagan Mohindra (South West Hertfordshire) (Con)
I congratulate my hon. Friend the Member for Romford (Andrew Rosindell) and join him in his glowing tribute to David Amess, who I am sure would have been in this place today to witness the Third Reading of the Bill.
My hon. Friend has worked hard to champion animal penalty notices and to bring this debate before the House. The Bill is concerned not just with pets, but with zoo animals and livestock. My beautiful constituency is approximately 65% agriculture and I always enjoy seeing the variety of livestock grazing the fields as I travel through it. I have not had the benefit of having a pet myself, but I am fully aware of the love and care that families have for their pets. Indeed, that is part of the reason why I have not taken on that additional responsibility. They really do become a member of the family.
Pets are sentient beings and we must do all we can to protect animals from cruelty. I am pleased to see Government support doing just that. In June last year, the Animal Welfare (Sentencing) Act 2021 raised the maximum prison sentence for animal cruelty from six months to five years. That is a welcome step towards increasing animal welfare and protection, but going to court is not always the most effective measure against animal cruelty, hence the need for the Bill.
I recently had a discussion with David Bowles, head of public affairs at the RSPCA, about its work to keep animals safe. In 2020, the RSPCA had over 1 million calls to its cruelty line and over 140,000 welfare incidents were dealt with by the inspectorate. This issue affects all our constituencies, including my own where there were 24 investigations in 2021. However, in 2020, only 1,743 people were prosecuted for animal cruelty and only 908 were convicted of animal cruelty offences.
Those statistics demonstrate a gap in the legal system to correctly charge people with animal cruelty offences. In the current system without fixed-penalty notices, people have to be taken to court over animal cruelty offences, putting pressure on the court system and increasing the length of time taken. The Bill creates a system of financial penalties of up to £5,000 for animal health and welfare officers, including on-the-spot fines. Fixed-penalty notices are an out-of-court disposal and they serve as an important education tool to help to prevent animal cruelty.
I will leave it at that and I look forward to the contributions of other right hon. and hon. Members. I congratulate my hon. Friend the Member for Romford on getting the Bill to this stage.
Jerome Mayhew (Broadland) (Con)
I join all other hon. Members in congratulating my hon. Friend the Member for Romford (Andrew Rosindell) on introducing the Bill and getting this far. There is a worrying sense of unanimity in the House, which always gives me cause for concern. I will not breach it, save to highlight one or two slight concerns I have about the drafting of the Bill.
There is much to welcome in the Bill, and chief among them is the immediate impact that the levelling of a fixed-penalty notice has on both the individual who receives it and the wider community. There is a direct relation between cause and effect. We all know that speed in justice is enormously important. One of the great problems we have in society today is the delay that has bound up the criminal justice system, particularly in the Crown court but also in the magistrates court.
I also like the direct link between the severity of the offence and the penalty notice amount, with the factors, aggravating and mitigating, set out in clause 4. I recognise that there is also provision for the Secretary of State to give guidance on how those should be properly applied. That is a very important factor that needs to be taken seriously by the Secretary of State for the Bill to be properly applied.
However, the reasons behind the Bill’s benefit also give me some grounds for caution as we seek to apply fixed-penalty notices as a mechanism for bypassing the normal course of the criminal justice system. One of the reasons my hon. Friend the Member for Romford gave for why it is so important to have fixed-penalty notices was the delay in the magistrates courts. Surely, the best way to deal with delay in criminal justice is not to bypass it with fixed-penalty notices but to adequately fund magistrates courts and the criminal justice system that serves all of our country.
There is a requirement in clause 1(1) for the enforcement authority to be “satisfied beyond reasonable doubt”, but there is no requirement in the Bill for them to obtain or secure sufficient evidence to be satisfied. I query whether there is a risk that a prosecuting authority may see this as a shortcut past obtaining sufficient evidence to create a proper prosecution, and that fixed-penalty notices may be given more readily than a decision to prosecute otherwise would be. If that were the case, it would be a cause for concern for us all.
That leads me to who those enforcement authorities are. We see from clause 1(4) that the Bill does not tell us who they are; we are told that that will be provided by regulation. There is nothing wrong per se in secondary legislation providing further detail, but in this instance I start to get a little concerned. In clause 1(5), we are told who the Secretary of State might consider to be an enforcement authority. It says that that may be the Secretary of State himself or herself—fair enough—a local authority or, in paragraph (c),
“any other person that the Secretary of State considers appropriate.”
It would be impossible to draft that definition more widely. I respectfully highlight that issue to the Minister and invite her at least to consider it in responding to the debate, because this is the very definition of a blank cheque for the Secretary of State.
I wonder whether enforcement authorities might include, for example, private prosecutors such as the RSPCA. If that were the case, it would run counter to the current considerations of the Law Commission, which is interested in considering the future for all kinds of private prosecutors. We have a recent history of significant miscarriages of justice where private prosecutors have acted. I have only to pray in aid the biggest criminal justice scandal in our nation’s history—the Horizon scandal, where the Post Office acted in the role of private prosecutor—to demonstrate why the Law Commission may not be keen to continue to allow private prosecutors right across our criminal justice system.
The reason I know that is that I approached the Law Commission myself in relation to the Care Quality Commission and its powers as a private prosecutor in the health sector because of a scandal at Cawston Park Hospital in my constituency, where three patients with mental ill health and autism, as well as Down syndrome, died over a 27-month period because of neglect and, certainly in one case, physical abuse. I therefore raise a serious concern about whether private prosecutors could amount to enforcement authorities under clause 1(4).
Finally, I turn to clause 5(2). Enforcement authorities can apply a fine of up to £5,000. Most of that money will return to the central funds, but clause 5(2) gives enforcement authorities the ability to deduct their own costs of prosecution from any fines. That is a clear financial incentive to issue fixed-penalty notices, because it pays for their own operations. I hope we will all be naturally concerned to ensure that we do not apply a parking fine company approach to this area of law. That would be wholly not what my hon. Friend the Member for Romford, or any of us, intends. It is important that the Secretary of State, when coming to the secondary legislation and regulation on this matter, thinks hard about that potentially poisonous mix of financial incentive and private prosecution.
In conclusion, I thank my hon. Friend the Member for Romford again for getting behind this legislation and bringing it to the House and, I hope, to a happy conclusion, but I ask the Minister to think carefully about potential unintended consequences. We have heard about Staffordshire bull terriers and about Spike and Buster, but let us not forget that we need to look after John Bull as well, as he is persecuted by the heavy hand of the state. We want to give him protection too, and we must ensure that our legislation is well drafted.
Jonathan Gullis (Stoke-on-Trent North) (Con)
It is a pleasure to speak today and to congratulate my hon. Friend the Member for Romford (Andrew Rosindell) on bringing forward this piece of legislation. He is a Member of this House who has long been a passionate advocate for his love of animals—as well as, I like to think, spotting Conservative talent, because when he saw me before I was elected to this place he thought I had a chance of winning. He may regret that now, having seen what I am like in the Chamber, but I appreciate his kind words. I also appreciate what he is doing for animals across the United Kingdom.
I did not have a Spike or a Buster before I got elected; I now have a Bella and a Bailey. I like the idea of Union flag waistcoats, and I will try to replicate those as I go around Stoke-on-Trent North, Kidsgrove and Talke at the next general election. Perhaps I will get a few nice tweets rather than the ones I have been receiving recently for being overly zealous in the Chamber in my support of the Prime Minister.
Coming back to the Bill, this is exactly the type of legislation that organisations such as Greyhound Gap, which works in the Kidsgrove area, or Baddeley Green Hedgehog Rescue, which also does fantastic work in the constituency, want to see: showing respect for our beloved animals and ensuring that those who seek to persecute, take advantage of or simply be cruel to an animal are held to account. There is no excuse, as a human, to ever be cruel to an animal. Those people who think that that is right or is something they can do should absolutely feel the full force of the law.
I could not agree more with my hon. Friend the Member for Broadland (Jerome Mayhew), who said, accurately, that by introducing fixed penalty notices we will free up court time, speeding up the process of punishing those who have clearly and evidently broken the law and ensuring that they feel the wrath financially—which is often where animals are mostly taken advantage of. I am proud to support this fantastic piece of legislation.
We should not forget that this affects not just our pets, but our zoo animals and livestock. I know my hon. Friend the Member for Buckingham (Greg Smith) will talk passionately, as he has in the past, about those farmers who do a lot of really good work and look after their animals appropriately, and the tiny minority who sometimes bring a slur on the wider profession. It is important that we remember that many of our farmers do the right thing, but those who do not should be held to account, because they are ultimately profiteering from the animals they keep.
The fact that the fixed penalty notice
“may not exceed whichever is the lesser of—
(a) £5,000, and
(b) the maximum fine for which a person convicted of the offence is liable on summary conviction”,
is fantastic. I like to see big, hefty fines for such people. I have introduced my own private Member’s Bill, relating to rogue landowners who destroy history and heritage, and I want to see that fine go from a £1,000 cap to being unlimited, to allow a judge to use their discretion and expertise to determine the seriousness of the damage done. This case is similar, and that hefty fine will be a deterrent to those who seek to break the law.
I am also delighted to see the partisan—[Interruption.] Apologies, I am used to being partisan—the bipartisan way the House is approaching this issue, as has been the case with many animal welfare and animal rights issues, as well as the issue of waste. I note the hon. Member for Newport West (Ruth Jones), the shadow Minister, has talked passionately about north Staffordshire and Walleys Quarry and many other issues. I know she is backing the “Stop the Stink” campaign and I am grateful for her support, as the issue also affects my constituents. It is good to see that we are all working together.
It is a shame that what my hon. Friend the Member for Romford has done over his career has never been rewarded with a ministerial post. Perhaps the rumoured great reset will finally put him on the Treasury Bench, where he belongs. He is a fantastic advocate for animals and for our United Kingdom, and I am proud to support his Bill today. I look forward to hearing the following contributions.
Brendan Clarke-Smith (Bassetlaw) (Con)
I thank my hon. Friend the Member for Romford (Andrew Rosindell) for his excellent Bill and for moving Third Reading today. I have been looking forward to speaking on it, although I must admit that I have very little experience of working with or owning animals. They tell us never to work with animals or children, and I failed miserably on the latter as a secondary school teacher. I suppose that is where the comparison should end, before I get myself into trouble.
Most of my experience with animals is from being out and about delivering leaflets on the campaign trail. I tend to step around driveways like Fred Astaire, trying to avoid various things. This brings back happy memories of the time I lived in Sweden and went on an expedition in the Arctic circle. I was pulled in a sled by dogs, and there were reindeer. My phone suddenly rang with a call from the now Secretary of State for Transport, which I was not expecting. He said, “Brendan, it is very nice to speak to you. Can I ask what you have been doing for the Eastleigh by-election?” There was very little signal and it was quite cold, as Members can imagine, so I said, “I am currently in the Arctic circle being pulled along on a dogsled.” He replied, “Okay, I believe you”—I tried to take a selfie to send to him—“but you could make some phone calls.” That was my job during one of my animal experiences.
Since being elected, I have seen the great success of Westminster dog of the year, about which my hon. Friend the Member for Romford is very passionate. It was a pleasure to see Sir David’s dog there this year. I was lobbied quite heavily, especially by my hon. Friend the Member for Ashfield (Lee Anderson) for his dog Alfie. I am afraid I must confess that I did not support his dog this year, but he is not here today, so I feel safe in relaying that story.
I have a cat, which is a new thing for me. I am very fond of my cat, and pet owners are attached to their animals. It is an experience I would recommend. My first experience of owning an animal was when I had a white rabbit with pink eyes. If the legislation were reversed, the rabbit would have received many on-the-spot fines for attacking me. My second pet was a terrapin called Gary, who had a red band across his head. He was very similar to a ninja turtle.
Finally, I have the cat. We had to decide a name, and my son, who is five years old, decided on Jerry, supposedly after “Tom and Jerry”. I had to explain that Jerry was the mouse, not the cat, but one cannot argue with a five-year-old, so we called the cat Jerry, who is now one of my best friends. We regularly sit together to watch “Match of the Day”. He sits on my lap, and we discuss the issues of the day such as taking the knee or Gary Lineker’s salary. We have not had a single disagreement, which is fantastic.
Of course, the landmark Animal Welfare (Sentencing) Act 2021 has come along and introduced five years’ imprisonment, and it is something of which we can be incredibly proud. I remember the fabulous Finn coming to this very building with Dave Wardell, his handler. It was one of our most popular events, which shows how well it went down with the public and with Members, too. The snaking queue was so long that at one point I thought it was an attempt to recreate the “Labour Isn’t Working” poster. I hope that my friends on the Opposition Benches will forgive me for mentioning that.
I am delighted that the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Bury St Edmunds (Jo Churchill), has taken such a supportive approach to the Bill, as has the House of Lords. Opposition Members have also made some excellent contributions to the debate. Chris Sherwood, the chief executive of the Royal Society for the Prevention of Cruelty to Animals, has said
“Fixed penalty notices are… useful to…combat suffering of farmed animals, horses and animals kept in zoos.”
The RSPCA, he said, was pleased about the proposals for powers of enforcement and tougher sentences. It supports the Bill wholeheartedly, as do I. I think that the United Kingdom can be world-leading in animal welfare, not just through the Bills that we have already introduced, but through excellent Bills such as this. Once again, I congratulate my hon. Friend the Member for Romford and wish the Bill well.
Ruth Edwards (Rushcliffe) (Con)
I join my hon. Friend the Member for Bassetlaw (Brendan Clarke-Smith) in congratulating our hon. Friend the Member for Romford (Andrew Rosindell) and thanking him for all the work he has done over his career to further the cause of animal welfare. I also echo his remarks about our late colleague Sir David Amess and all the hard work that he did to protect animals during his many years in this place.
I am delighted to welcome the Bill back to the Chamber, because it is an important part of our reforms to strengthen the protection of animal welfare across the full spectrum of offences. At the most serious end, the Animal Welfare (Sentencing) Act 2021 has increased the maximum sentence for animal cruelty from six months to five years. That covers, for instance, dog fighting, illegally cropping a dog’s ears, and gross neglect of animals. This Bill addresses offences at the other end of the spectrum, toughening penalties for less serious offences by creating a system of fining offenders up to £5,000. I welcome that approach: I welcome the toughening of laws at the less serious end of the spectrum, and hope that those tougher laws will serve as both a deterrent and an educational tool for many.
As the common agricultural policy payments wind down and cross-compliance is phased out, we have opportunities to improve and strengthen enforcement mechanisms by introducing a range of proportionate enforcement measures and by providing new, more consistent penalties by extending penalty notices to all kept animals—or, rather, to all those who keep animals. As I mentioned last time the Bill was debated in the House, it does not address the issue of errant animals. On that occasion, I recounted the escapades of our pig Andrew and our donkeys Sergeant Wilson and Godfrey, who staged a break-in at the chicken run. I am sorry to say that, in the month since we last debated the Bill, things have not improved.
Just a few weeks ago, we had another break-out. This time it was the alpacas, Florence, Vera and Wilbur. It was a lovely, peaceful, sunny Saturday morning, we had just enjoyed a nice breakfast and we were sitting down for coffee when my husband looked out of the window, did a double-take and said, “Where are the alpacas?” I said, “I don’t know—perhaps they have gone out of that gap in the hedge that you confidently assured me they would never escape from.”
So into the car we piled, still in our pyjamas, now in our wellies too, and bombed down our drive at about 100 miles an hour in our Land Rover—which is shaking and falling apart—scanning the horizon and the fields for a ginger head, a black head and a white head grazing peacefully, but no, we could not see them anywhere. On to the main road we went; there was no sign of them. In the village we accosted the startled-looking postman, asking, “Have you seen our alpacas?” “No, not since I came to deliver the mail; they were in the paddock then.” “Great! They can’t have gone far.” So back we went. We tried going the other way, and drove around a few more fields. Finally we found them, munching happily away, completely unaware of the drama and excitement they had caused to our Saturday morning. Life would be so dull without them, Madam Deputy Speaker. I am proud to support this excellent Bill, which offers the protections that they deserve.
I know that the Bill is welcomed by the NFU, the RSPCA, Battersea Dogs and Cats Home and Blue Cross. It is fantastic to see that huge spectrum of support. I appreciate that the NFU has raised some questions about the appeal mechanisms, as flagged up by my hon. Friend the Member for Buckingham (Greg Smith). I am interested to hear from the Minister what recourse there is for appeal in the case of genuine misunderstanding or misinterpretation of the facts.
Our country is a world leader on animal welfare. There is no place for those who mistreat animals and I welcome the part this Bill will play when it becomes law.
Jo Gideon (Stoke-on-Trent Central) (Con)
I thank and congratulate my hon. Friend the Member for Romford (Andrew Rosindell) on bringing forward this really important legislation, which fills a gap; a suite of legislation is coming forward to help to safeguard and strengthen our animal welfare.
Animal welfare is close to my heart and it is one of the top issues that my constituents raise with me. That is not surprising given the statistics locally. RSPCA figures reveal that about 3,000 complaints about animal cruelty are made in Stoke-on-Trent and Staffordshire every year. Sadly, the west midlands has been one of the 10 animal cruelty hotspots over the past five years, which is why animal welfare is among my top priorities.
Animal cruelty horrifies our society, and figures tell us that there are suffering animals in Staffordshire that need help every day. It is shocking that people can be capable of such deliberate brutality towards animals. Equally, it drives us on to ensure that appropriate action is taken on animal welfare and related offences. In particular, I am grateful for the work being done locally by RSPCA staff and volunteers, who transform the lives of thousands of animals in Staffordshire every year.
I fully support the aims of the Bill, which will mean that penalty notices can fill the enforcement gap between taking no action and seeking criminal prosecution. I am delighted that today’s debate provides us with the opportunity to discuss how we can go further to improve animal health and welfare in this country.
Several of my constituents selflessly volunteer at Animal Lifeline in Stoke-on-Trent. It is a fantastic charity that has cared for dogs for more than 40 years, with approximately 100 dogs in care at any one time. Each year, the charity rescues and rehomes around 300 dogs and puppies and it has saved more than 11,000 over the years.
A volunteer recently shared with me concerns that have arisen as a result of covid. The pandemic has hit animal charities hard financially due to charity shops having to close and kennels not being able to hold their usual open day fund-raising events. Animal charities across Stoke-on-Trent and the county have had to take in more animals than usual due to owners passing away. Having a reduction in income means that they can no longer afford to keep them. Couples who are separating have not been able to cope during this time. Many people, we know, looked to animals during lockdown. Many people acquired pets and then were not able to look after them That has been compounded by the fact that animal charities have not been able to have visitors to view dogs suitable for adoption and by the inability to complete home checks of people who ring in inquiring about adopting.
I praise local animal charity staff, who have been amazing. Many have taken cuts in wages and found innovative ways to reduce costs. The cost of living challenges are also pushing up the cost of essentials such as dog food, vet bills, utility bills, fuel and wages. With all that in mind, we should all consider the options to provide sufficient support to charities to ensure that they can continue to provide a vital service to our local communities.
I have been involved in the national food strategy. Within that, we look at a range of recommendations for improving animal welfare with regards to food production. The Government are looking at that at this time. Thankfully, the UK already leads the world in animal welfare and livestock husbandry. The same cannot be said of many of the countries that we import from. Allowing cheap imports from such countries not only undermines our own standards, but undercuts our farmers. This is an issue that many people feel strongly about, with 94% of the public wanting existing food standards to be maintained in future trade deals.
The national food strategy argues that, when making new trade deals, the Government should only agree to cut tariffs on products that meet our core standards. As such, I am pleased that the Government recently launched a new Trade and Agriculture Commission, which will inform parliamentarians and the public about how new free trade deals are consistent with UK laws on animal welfare. The Government must go further, however, and draw up a list of core minimum animal welfare standards that they will defend in future trade deals. I am pleased that when they announced the Australian deal, they said that they would include measures to protect our standards. It is reassuring that the deal contains a chapter on animal welfare, and I urge the Government to come forward with more details as soon as possible to allow Parliament to sufficiently scrutinise that part of the deal.
Again, I congratulate my hon. Friend the Member for Romford on bringing forward the Bill, which I am delighted is fully supported by the Government and the Opposition. I look forward to continuing my support for this legislation as it passes through the House, in addition to championing animal welfare causes in years to come, whether by calling for more support for local animal charities or for more animal welfare protection in future trade deals.
Jane Stevenson (Wolverhampton North East) (Con)
I rise to speak briefly in support of the Bill. I pay tribute to my hon. Friend the Member for Romford (Andrew Rosindell), who shares my enthusiasm for animal welfare. His commitment to the cause is valuable and appreciated by many hon. Members on both sides of the House. It has also been a great pleasure to listen to many hon. Members share experiences of their pets of various shapes and sizes.
It is valuable for children and adults to have and care for a pet to learn an appreciation and love of animals. For many hon. Members on both sides of the House, it informs our choices in this place and advances the cause of animal welfare. I should mention my two Cavalier spaniels, Cromwell and Bertie, who appreciate everything I do in this place on animal welfare. I am sure they look forward to seeing me later and congratulating me.
Jerome Mayhew
I rise not to talk about Cavalier King Charles spaniels, but to ask whether my hon. Friend agrees that the direct impact of the fixed penalty notice being applied as soon as the relevant authority considers that there is evidence beyond reasonable doubt adds a powerful deterrent to people causing cruelty or neglect to animals.
Jane Stevenson
I absolutely agree. Education and those low-level interventions will be important. At the moment there is not a good enough safety net on animal welfare, because only the most serious cases are likely to be investigated and only the most serious abusers are ever likely to be fined or prosecuted.
The Bill will do a valuable job of introducing low-grade fines and of providing the opportunity to give advice to pet owners, which is key. Some people are unintentionally not creating the best environment for their pets, but we can have a culture where they might get a warning and advice on animal welfare from an appropriate officer. That is what I most like about the Bill: it is pragmatic, it is not heavy-handed, but it will certainly raise standards broadly in animal welfare across the United Kingdom. I thank my hon. Friend the Member for Romford again for bringing forward such a useful and important Bill as part of the Government’s commitment to improve animal welfare.
Ruth Jones (Newport West) (Lab)
I add my voice to the tributes paid to our friend Jack Dromey earlier this week. I was unable to speak during the tributes, but I want to acknowledge the strength and inspiration of the Mother of the House, my right hon. and learned Friend the Member for Camberwell and Peckham (Ms Harman), and say how much I will miss Jack and all he did and meant to us all.
I will not detain the House any longer than necessary, because the hon. Member for Romford (Andrew Rosindell) has almost got his Bill through the House. At times, I wondered whether the Government were waiting in the wings to pounce, but obviously not. It can only be a matter of time before his hard work, tenacity and diligence is rewarded by ministerial office, so I just ask that he does not forget us on the way up the pole.
The Bill is important. Hon. Members will know that Opposition Members, particularly my hon. Friend the Member for Cambridge (Daniel Zeichner), have sought at all times to be a critical friend and to provide a wise and objective view. The Bill enables the potential use of penalty notices, such as fixed penalty notices, for a wider range of primary and secondary legislation related to animal health welfare offences.
The Bill encompasses two pieces of primary legislation that affect dogs and cats: the Animal Welfare Act 2006 and the Dangerous Dogs Act 1991. It is a cross-party attempt to deliver improved health, safety and welfare conditions for animals. Like the excellent Battersea Dogs and Cats Home, we on these Benches broadly support the Bill, because it will enable statutory enforcers to take early action and provide them with the tools to deal with infringements of a technical nature.
I have been a Member of Parliament for almost three years now, and I have to admit that not all legislation has provided a clear and common focus and target, but this Bill does. I congratulate the hon. Member for Romford and all involved. I would like to acknowledge the hard work and commitment of all those involved in getting the Bill through the House and wish it well as it goes to the other place. I thank the staff of the House, the Clerks, the Committee staff and the parliamentary staff in the offices of all Members involved. I also thank the campaigners, the stakeholders, the animal rights charities and the organisations who are fighting for decency and progress. It is great to see consensual politics in action and actually achieving results.
I acknowledge the hon. Members for Romford, for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), for Newcastle-under-Lyme (Aaron Bell), for Brecon and Radnorshire (Fay Jones), for Wolverhampton North East (Jane Stevenson), for Crawley (Henry Smith), for Gedling (Tom Randall) and for South East Cornwall (Mrs Murray), and my hon. Friends the Members for Rotherham (Sarah Champion), for Denton and Reddish (Andrew Gwynne), for Hammersmith (Andy Slaughter), for Canterbury (Rosie Duffield) and for Bristol East (Kerry McCarthy), who all served on the Bill Committee. That is a broad coalition of the willing from across the country. I gently urge them all to maintain their interest in animal welfare issues and support the Glue Traps (Offences) Bill and the Animal Welfare (Sentience) Bill, which are working their way through the parliamentary process. I know that Labour peers stand ready to act now.
The Minister for Farming, Fisheries and Food (Victoria Prentis)
I wonder whether it might be in order to wish my hon. Friend the Member for Halesowen and Rowley Regis (James Morris) an extremely happy birthday. It is good to see him in his place.
I join everyone in thanking my hon. Friend the Member for Romford (Andrew Rosindell) for his tremendous and attentive work on this excellent Bill, and congratulate him on steering it through the House. As he and other hon. Members have mentioned, this is an occasion when we feel the loss of David Amess very sharply, although of course we also look forward to welcoming the new MP for Southend West following her election last night.
We have heard some excellent speeches this morning. My hon. Friend the Member for Wolverhampton South West (Stuart Anderson) spoke about service animals, including Finn, and his personal experience of serving with animals on the frontline. My hon. Friend the Member for Stockton South (Matt Vickers) mentioned the “sassy little bitch” Karen, and pointed out that the Bill is a way to prevent bad situations from getting worse. That is exactly the purpose of the Bill. My hon. Friend the Member for Stroud (Siobhan Baillie) pointed out that everybody in the Chamber was smiling as we consider the Bill, as was everyone in the photographs I saw of the Minister’s visit to the guinea pigs in her constituency yesterday.
My hon. Friend the Member for South West Hertfordshire (Mr Mohindra) made the point that going to court is not always the most effective way to deal with the problem, and my hon. Friend the Member for Broadland (Jerome Mayhew) made some serious comments about the Bill. I can reassure him that we will go into further detail in secondary legislation and, if necessary, guidance on who will enforce the penalty notices. To give him some idea, we envisage that the Rural Payments Agency, the Animal and Plant Health Agency and local authorities will be the bodies most likely to be charged with doing this. I share his concerns about incentivising the issuing of fixed penalty notices, but I would ask him to look at the Treasury guidelines on that very point. I reassure him that that will always be at the forefront of my mind.
My hon. Friend the Member for Stoke-on-Trent North (Jonathan Gullis) told us about Greyhound Gap and the hedgehog rescue centre, and made an unexpectedly bipartisan speech, which was good to hear. My hon. Friend the Member for Bassetlaw (Brendan Clarke-Smith) meets animals on the campaign trail, but I was also glad to hear about Jerry the cat’s enjoyment of “Match of the Day”. I would not have thought that such activity would be subject to the issuing of a penalty notice. My hon. Friend the Member for Rushcliffe (Ruth Edwards) made an important speech, although she did sadly refer to her extremely badly behaved animals. I was delighted to visit her constituency last Friday and eat some Cropwell Bishop stilton with her for lunch.
My hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon) rightly makes animal welfare a priority of hers, because of the sad record of her constituency in this regard. Recognising that is in many ways the best way of dealing with the problem, and I applaud her for her work in this area. My hon. Friend the Member for Wolverhampton North East (Jane Stevenson) understands the value of pets to us all. We are about to hear a great deal more from her, and I would like to add that I enjoyed meeting Cromwell and Bertie on Zoom—they certainly hold their own in her household.
I associate myself with the comments of the hon. Member for Newport West (Ruth Jones). It was an honour to attend Jack’s funeral earlier this week. Although he was not always bipartisan, he was a model of how cross-party working can take matters forward, so I think he would be pleased with what we are doing today.
This Bill is just one of a series of animal welfare reforms being supported by the Government, building on our action plan for animal welfare. Penalty notices will be an important tool in encouraging animal keepers to follow the rules and to discourage those who break them from committing more serious offences. The Bill was in Committee on 8 December. It introduces a new financial penalty system and gives us tools that we can use against those who commit offences against animals. We will not tolerate threats to the health and welfare of animals, the quality of our animal products or the biosecurity of our nation.
I acknowledge the time and effort given by the animal charities listed earlier by my hon. Friend the Member for Romford. The Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Bury St Edmunds (Jo Churchill), is avidly looking forward to continuing the engagement she has had with those charities and to working with them constructively as we put the flesh on the bones of the Bill in secondary legislation. That will ensure that penalty notices meet the needs of animals and help those who enforce them to change the behaviour of people who are not quite doing the right thing.
My hon. Friend the Member for Buckingham (Greg Smith) in an intervention and my hon. Friend the Member for Rushcliffe made some serious points about the appeals process. That point has been raised by the NFU, and I know that my officials have been working with it on this issue. It might help Members if I give a bit of an overview as to what will happen in enforcement terms in the farm animals space. The inspector will visit or identify the fault. He will then identify and discuss with the farmer what sort of fault has occurred. It might well be one of record keeping or lateness in organising a TB test, for example. The farmer will then have two weeks to rectify that fault, and only then would a penalty notice be issued. If the farmer disputes that penalty notice, the best thing to do is simply not to pay it and explain why not. If the authorities continue to wish to enforce that penalty notice, the farmer would be able to have his day in court.
Greg Smith
I am delighted that the Government are supporting this Bill and about the commitment my hon. Friend has just made. Can she give me an assurance that within the secondary legislation that the Government intend to bring forward, instead of someone who disputes a penalty charge notice simply not paying it, there will be a channel locked in for them to give the reasons why they are disputing that, so that the inspector can consider those reasons?
Victoria Prentis
I am very happy to continue to work with my hon. Friend and the NFU as we take the secondary legislation forward. I would like to reassure him that this process is intended to have discussion built in at its very core. It is there to guide people towards compliance, not penalise them for non-compliance, so we will be able to achieve the outcome that he wants.
I take this opportunity to extend gratitude once again on behalf of my hon. Friend the Member for Bury St Edmunds to those who so avidly engaged with the passage of the Bill. Their support is really appreciated, and their expertise has been invaluable to the robust consensus we have built. In this country, we pride ourselves on our high standards of animal welfare, and we have powerful laws to maintain them. I reiterate the Government’s unwavering support for this important Bill. I wish it well under the stewardship of Lord Randall in the other place. I add my thanks to all those mentioned by the hon. Member for Newport West (Ruth Jones), and I also add my thanks to Claire Ingham, who has managed this Bill so well to date. I hope we are able to see it on the statute book soon.
Andrew Rosindell
With the leave of the House, I will say a few words of thanks. I particularly thank the Minister for leading on behalf of the Government today and for her support and the reassurances she has given about how the Bill will be implemented. I thank the hon. Member for Newport West (Ruth Jones) for her support and the enthusiasm she showed for the Bill. I echo her words about Jack Dromey, who was a real gentleman. We disagreed politically, but my goodness, he was a very kind and genuine person. We will all miss him, and our sympathies go to the right hon. and learned Member for Camberwell and Peckham (Ms Harman), who has served this place so well for so long.
I thank all Members who have spoken in the debate, including my hon. Friends the Members for Wolverhampton South West (Stuart Anderson), for Wolverhampton North East (Jane Stevenson), for Stroud (Siobhan Baillie), for Stockton South (Matt Vickers), for South West Hertfordshire (Mr Mohindra), for Broadland (Jerome Mayhew)—he made a lot of valid points that I completely take on board—for Stoke-on-Trent North (Jonathan Gullis), for Stoke-on-Trent Central (Jo Gideon), for Bassetlaw (Brendan Clarke-Smith), for Rushcliffe (Ruth Edwards) and for Buckingham (Greg Smith). My hon. Friend the Member for Buckingham made a superb intervention. I thank all Members for their comments.
I also put on the record my thanks to my hon. Friend the Member for Bury St Edmunds (Jo Churchill) for her work helping me to ensure that the Bill reached its final stages in this House. I also thank Lord Goldsmith of Richmond Park. We have enjoyed a strong working relationship over many years, particularly over the issue of protection of animals and conservation. I am honoured to have had the opportunity to work with him on the Bill. Lord Randall of Uxbridge has my deepest gratitude for kindly agreeing to take my Bill forward in the House of Lords. I have no doubt that he will ensure that it passes all the necessary stages before—hopefully—it receives Royal Assent.
I am also eternally grateful to the team at DEFRA for their advice and guidance throughout this process, especially Claire Ingham and Kirsty Groves for their tireless efforts and regular engagement with me.
I thank very much indeed my hon. Friend the Member for Castle Point (Rebecca Harris), who has given me great advice and guidance during the passage of the Bill and is always there when I need her.
Finally, I could not possibly fail to thank the staff in my parliamentary office, who have worked so hard, especially Elliot Keck and Stephen Reed, who unfortunately have both now left. They have been replaced working on the Bill by Scott Sherlock and Daniel Burden. I thank them for their valued and unwavering support and hard work. No Member is successful without the support of their staff, and mine have gone above and beyond the call of duty. A huge thank you must also go to the Clerks of the House of Commons, who have supported me from day one and made sure that I kept things properly on track, to ensure that we get to the successful place I hope we are reaching today.
Madam Deputy Speaker, thank you. In this historic year of the Queen’s jubilee, let this Bill ensure that the animals that inhabit our cherished land and islands will be the winners under this new legislation.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Animals (Penalty Notices) Bill
Monday 7th February 2022
(2 years, 9 months ago)
Lords ChamberRead Full debate Animals (Penalty Notices) Act 2022 Read Hansard Text
Animals (Penalty Notices) Bill
Friday 18th March 2022
(2 years, 8 months ago)
Lords ChamberRead Full debate Animals (Penalty Notices) Act 2022 Read Hansard Text Read Debate Ministerial Extracts
Lord Randall of Uxbridge (Con)
My Lords, I beg to move that this Bill be now read a second time. I am delighted to be sponsoring this Bill here in your Lordships’ House this afternoon. It was steered successfully through the other place by my honourable friend Andrew Rosindell MP, who, as I think many Members in this House will realise, is a real champion of animal welfare.
The Bill will be part of the landscape of change that our farmers, animal keepers and animals deserve. I do not think I am speaking out of turn when I say that our high standards of animal health and welfare are something of which we as a nation are rightly proud. The Bill introduces a valuable addition to our enforcement tools to promote early redirection and positive behaviour change for those failing to meet these standards.
Let me give some context to the intention of the Bill. I apologise to noble Lords: I am normally very keen on making speeches as brief as possible, but I think it is worth getting as much as possible on the record—words I used to hate when I was a Whip—because not everybody will be here today to hear these words and it may give them some reassurance before we go further. I want to give an overview of the cross-compliance scheme, which currently sits under the EU common agricultural policy. Cross compliance is a system linking CAP payments to regulatory compliance, because the major vehicle for enforcement of standards on farms and its application of payment deduction is widely regarded as disproportionate. In this scheme, automatic and sometimes swingeing financial penalties can be imposed for non-compliance. Agricultural strategy and policy have been shaped by the CAP for more than 40 years. Now we have left the EU, we have an opportunity to replace this regime with a more proportionate and flexible approach.
As CAP payments wind down and with cross-compliance ending in 2024, there will be a wide enforcement gap between issuing advice and pursuing criminal prosecution. This would allow many offences to slip through the net without appropriate and proportionate recourse. We have an opportunity here to close this gap, improve enforcement on farms and provide new, more consistent penalties. The reason I say “more consistent penalties” is that, with this Bill, we have extended beyond farm animals to include all kept animals, including companion animals and zoo animals, as well as animal products and by-products. Penalties have been designed as the proportionate approach to redirect behaviour when animal keepers and businesses are falling short of the standards required of them. Defra Ministers have given assurances in the other place that penalty notices will not be appropriate for more serious offences—that is important. For these offences, prosecution is still the most appropriate course.
Just as the animal health and welfare pathway will provide advice and positive incentives to produce even healthier, higher-welfare farm animals, it is important to note that enforcement action starts with advice and guidance. It is important to give individuals a chance to comply before financial penalties are issued. The framework for penalty notices in the Bill will apply across animal health, welfare and biosecurity legislation. The measures in the Bill form part of a broader approach to maintaining and enhancing high domestic animal health and welfare standards, enhancing productivity and giving confidence to consumers and, indeed, international trading partners.
The Government published an Action Plan for Animal Welfare in May 2021, which sets out a range of reforms to ensure that the welfare of all animals builds on the UK’s high standards of animal welfare. These penalties are not intended to replace or substitute any of the other enforcement options we currently have, nor does the Bill introduce any new offences. It is not a stand-alone tool and we expect penalty notices to be used after or alongside advice, guidance or, indeed, an improvement notice. A financial penalty highlights the importance of complying with the rules and rectifying the issue. The use of the penalty notice does not mean that an individual can pay to shirk their responsibility: they would still need to put the issue right.
I shall give a brief overview of the content of the Bill as it is written. Again, I apologise for going through this, but it is important. Clause 1 defines the scope of legislation covered by the Bill and the role of enforcement authorities in issuing these penalties. It also sets out who the enforcement authorities may be. The Bill states seven pieces of primary legislation that it covers. I want to be clear that the Bill does not alter or create any new offences. Only the primary legislation and any subordinate legislation under that will be covered by these penalties. It covers only kept animals—so, for example, if something is not an offence already, this Bill will not make it an offence.
Clause 2 details the role of constables in issuing penalty notices under the Dangerous Dogs Act 1991. Clause 3 is the workhorse of the Bill: it sets out the structure, including the maximum penalty, which is £5,000—I emphasise that that is a maximum penalty—with a reduction of 50% if the fine is paid within 14 days. It also specifies the burden of proof, which sets out that the enforcement authority must be satisfied beyond reasonable doubt in order to issue a penalty. Clause 4 details the measures in place to ensure that the Bill is a reasonable one. It sets out the matters that must be considered consistently by enforcement authorities to give protection both to the enforcement authorities and the individuals who receive penalty notices.
Clauses 5 and 6 state the responsibilities of enforcement authorities once a penalty notice has been issued. This includes the need to surrender any profits to the Consolidated Fund and the need to report annually on the usage of those penalties. In doing so, enforcers will be able to fund their enforcement of the law, but they will be unable to use these penalty notices as a revenue-raising tool—that is important.
Clause 7 emphasises that this is an enabling Bill and the usage of penalty notices will be determined by government, as it continues to engage with stakeholders, many of whom have acknowledged that this will be where the detailed work begins. It is also very important to emphasise that.
Clause 8 gives key definitions, including for local authorities, which by definition also includes unitary, district and metropolitan councils. Finally, Clause 9 gives information on the extent and commencement of the Bill.
I will refer back to a point I made about the type of offences that would be suitable for penalties. I have said that these financial penalties will not be suitable for the most serious offences. I know that officials in Defra have discussed this at length with key stakeholder groups. Animal cruelty offences are severe crimes that should face the full force of the law and the Bill does not intend to dilute their severity. The Animal Welfare (Sentencing) Act introduced longer prison sentences for crimes against animals and the Bill will not impede its operation.
As has been stated in the other place, these penalties are not to be used for severe offences that should be dealt with by the courts, if there is a concern that the Bill might water down the seriousness with which we respond to severe crimes. I reassure noble Lords that that is not the intention of the Bill; in fact, it is drafted to avoid this. The farming community understandably has a strong desire to understand how penalty notices will be used in practice. As I and others in the other place have said, penalty notices will not be issued for acts that should be prosecuted.
If noble Lords do not mind, I will talk through an example of where a financial penalty would be appropriate; it relates to bovine tuberculosis and the movement of animals. Post-movement tests are mandatory for cattle moved into parts of England with low TB risk from higher-risk areas. This is an important control that helps to protect the east and north of England. Within the areas in England with low TB risk, there may be less awareness of the implications of having to live with the disease because it is currently not a major concern for most who farm there. In many cases, a reminder of why it is important to comply with statutory disease controls will have the desired effect—but, for some individuals, that may not be sufficient. So although not testing is an offence, it is often not a proportionate measure to prosecute. A notice would be issued to the farmer to resolve the issue in a timely manner by carrying out the test. If it is not resolved, a penalty would be issued to highlight the importance of complying with the notice and reducing the risk of spreading the disease. I trust that this gives both noble Lords and indeed farming NGOs a greater understanding of where penalty notices will add value to our enforcement abilities.
I reiterate that the Bill extends beyond animal welfare alone: it covers legislation spanning health, welfare, biosecurity and animal by-products. The majority of offences captured by it fall under those other areas. For these offences, there is currently a gap in our enforcement options between advice and prosecution. Penalty notices are an additional tool, to be used alongside other tools to influence behaviour change.
Penalty notices are not a new introduction to the world of enforcement and, as many of your Lordships will know, they are already used in both civil and criminal enforcement regimes. England uses financial penalties for minor environmental offences, such as littering: a person who drops a cigarette butt on the floor may find themselves receiving a £50 fine. Although all environmental offences are wrong, we can see how this offence, compared to more serious environmental crimes, would be suited to a fine instead of pursuing a court case as a first step. This is the aim of the Bill: to introduce a financial penalty system that works for animal health and welfare offences too severe for just advice and guidance, yet not severe enough that pursuing a court case is an appropriate first step.
The devolved Administrations are also introducing financial penalties in the animal health and welfare space: Scotland introduced powers in 2020 to be able to introduce financial penalties in secondary legislation, and Wales has published a White Paper with proposals to use civil sanctions for relevant animal health and welfare offences. The Government are proposing criminal financial penalties in England so that we can have the option to still pursue court action in the event that an individual chooses not to pay the penalty.
The Bill itself introduces enabling powers, and much of the detail will be determined in the secondary legislation and formal guidance that is yet to come and which will be laid before Parliament. This Government have committed to ensuring that penalty notices are applied fairly by building on the matters to be considered in Clause 4; this is one of several safeguards in place.
It has been reiterated many times in the other place that officials are committed to working closely with stakeholder groups to make sure that these penalties are applied fairly and proportionately. I wish to highlight that commitment here, as I am sure my noble friend the Minister will do later. I make particular reference to my honourable friend Victoria Prentis MP, for her commitment in the other place.
It has been identified that the farming sector could benefit from a consideration period of two weeks, during which the inspector or enforcement authority takes some time between identifying the problem and issuing the penalty notice. This consideration period would allow for the issue to be put right and, if it is not, a penalty would be issued. After this consideration period and the issuing of a penalty, there is an additional safeguard in place: if an individual disagrees with a penalty they have been given, they have the option simply not to pay it. In this case, the enforcement authority would choose whether to pursue court action or not.
Let us not underestimate the significance of this safeguard. Enforcers would need to ensure sufficient evidence was collected to prove the guilt of the individual in order to take the case to court. This is no small task, and it is an extremely powerful safeguard, which I trust reassures noble Lords that these penalties will not be applied over-zealously. Although officials have identified the farming sector as one that would benefit from a consideration period, that does not mean that every offence or sector would benefit. The framework will allow for the issuing of on-the-spot fines and more delayed issuing if there is a consideration period in place.
I highlight that penalty notices will be tailored to fit the offence, and the animal sector in which it applies. Defra has committed to engaging fully with industry and other experts to decide how penalties will be used in practice. The general public, as well as noble Lords in this House, care greatly about animals in this country. This Bill is a small but important step towards improving the way in which we positively change behaviours that are harmful to the health and welfare of animals, as well as the biosecurity of our nation. The current enforcement toolkit needs additional options to tackle offences that are too severe for just advice and guidance, yet not severe enough for immediate criminal prosecution. This is a strong but simple tool that will clearly communicate the importance of following the rules we have in place.
To sum up, the Bill is broadly supported by the House, by animal health and welfare organisations and by the public. I beg to move.
Lord Carrington (CB)
My Lords, I declare my interests as a farmer, as set out in the register, and my membership of the National Farmers’ Union, which broadly welcomes and supports this Bill.
Like the noble Lord, I welcome this Bill, which fills an important gap in animal health and welfare legislation. My one concern—and this is the same issue raised by the noble Lord, Lord Randall—relates to the lack of a defined appeal procedure in the primary legislation. Happily, the Farming Minister in the other place has now provided some clarity and assurance that discussion with involved parties will be at the centre of any enforcement proceedings and will be covered in secondary legislation. This will enable farmers to give reasons for an appeal before facing the blunt instrument of a penalty notice charge, which is important in cases where there is a misunderstanding or misinterpretation on either side. Without this assurance, the farmer has a choice only of paying the penalty or facing prosecution. A simple, specified appeal process before a prosecution would save a lot of time, aggravation and money for all concerned. Could the Minister reconfirm that that assurance will be covered in secondary legislation?
I make one other observation in relation to animal cruelty and the application of penalties. Like other sheep farmers in the Chilterns, we have faced an increasing number of attacks—including the horrific gouging out of newborn lambs’ eyes, and their consequent deaths—by ravens and red kites, both of which, despite their growing numbers, are protected birds and for which farmers cannot obtain a licence to kill. Only this morning—I do not exaggerate—I witnessed such an attack on a lamb by a raven. Surely, licences to shoot these birds should now be considered.
It seems a terrible irony that a farmer can be prosecuted but not those kites and corvids. Perhaps, however, the Minister could consider penalty action against those who introduce or release previously extinct and dangerous species, whether bird or mammal, into our countryside without also introducing the means to control them. Perhaps this could be covered in the animal sentience legislation, like the suffering of crustaceans. Surely, lambs have feelings too?
The Earl of Shrewsbury (Con)
My Lords, I congratulate my noble friend on bringing forward this Bill to your Lordships’ House today; I believe it to be a most worthwhile Bill. I, too, was initially approached by the Whips’ Office to promote it, but, thank heavens, my noble friend, who is always most knowledgeable and a stalwart on matters concerning animal welfare, pipped me to the post—I use that expression as it is a racing day, the Cheltenham Gold Cup. He possesses a much wider knowledge of these issues than I do.
I declare an interest as a non-farming member of the NFU, and as a member of BASC and of what was the Game Conservancy, the GWCT. I have a lifelong interest in domestic animals, agricultural animals and horses. I am a member of the APPG on horseracing and bloodstock.
I must say that I am not always supportive of the actions—or, sometimes, lack of them—of the RSPCA. In that respect, I have a couple of questions to pose to my noble friend Lord Randall or the Minister. Many years ago, my wife and I owned a child’s pony. The poor thing contracted African horse sickness, which is nearly always a fatal condition. We spent much time, effort and money on caring for him and treating him. A neighbour reported us to the RSPCA, which sent someone to look at the animal. He told us that we should have the pony dispatched, totally contrary to the advice of our expert horse vet. In such circumstances, under the terms of the Bill, would the RSPCA be able to issue a fixed penalty fine, even in the knowledge that we were sound on animal husbandry and were following the vet’s advice?
Secondly, when our daughter was at university, we loaned out her horse to someone who took the animal to DIY stables. Two years on, we were tipped off that the mare was not being cared for and was in an appalling condition, so we collected the animal and had to spend a great deal of money to bring her back to normal health. I reported the person to whom we loaned her, and the DIY yard, to the RSPCA. I have been in horses and racing all my life, and I have never seen a worse case of lack of adequate welfare. However, the RSPCA inspector who visited refused to take any action whatever, stating to me that he had seen pit ponies in worse condition. Under the terms of the Bill, would the person to whom the animal was loaned and the DIY yard where the animal was kept be liable for a fixed penalty?
I make one further point. I believe what the noble Lord, Lord Carrington, said about corvids and red kites taking out the eyes of newborn lambs to be absolutely correct. These matters should be proportionate. When you reintroduce birds and various animals into the countryside environment where they have been either extinct or close to extinction, there should be a method for controlling them. At home, we have buzzards, so many we cannot count; originally, we had very few. The Wildlife and Countryside Act did a great deal of good, but we are now over-buzzarded and they are nothing but a nuisance and cause major problems.
I believe that the RSPCA carries out a very good job in general, and I applaud and wholly support the intention of my noble friend’s Bill. It provides a most sensible change to the current situation and an enhancement, and it will serve to ensure that this country’s enviable record worldwide on animal welfare goes forward successfully.
Baroness Bakewell of Hardington Mandeville (LD)
My Lords, I congratulate the noble Lord, Lord Randall of Uxbridge, on his very detailed introduction to the Bill, which I understand has government support. I shall not repeat the rationale that the noble Lord so eloquently stated.
It is important that everything is done to protect animals, both farming and domestic. Most animals are well cared for but occasionally there are lapses either of care or of recording on farms. A system of penalty notices is an excellent bridging gap between providing advice and guidance or the prospect of a criminal prosecution.
In many debates over the last two years, the UK’s reputation as a world leader in animal welfare has been mentioned on many occasions. This is a reputation we should be justly proud of and protect into the future. The way in which both livestock and domestic pets are treated says what kind of a society we are and how we wish to be treated.
Occasionally there will be lapses due to the inaccurate completing of forms. In 2019, there were 45,000 farmers keeping cattle and 61,000 sheep farmers. Every movement must be recorded to protect public health. This is vital. I lived in rural Somerset for over 40 years but recently moved to Hampshire. Last week we received through the post a notice telling us that we were in an area where avian bird flu had been detected and advising us to keep any poultry we had inside—we do not currently have any. This was a first experience of such a notice for us. Only by keeping accurate records will such information be available to the general public. It is, therefore, quite right that action should be taken against those who either accidently or deliberately record details inaccurately.
A penalty notice is an excellent stepping stone to make farmers aware of their lapses and bring the constant offenders into line. The threat of a criminal prosecution should be a sufficient deterrent, but used for minor offences it is a sledgehammer to crack a nut. Far better to head this off for minor offences but to keep it for serious breaches of animal welfare where animals are suffering as a result of neglect or cruelty.
It is important that there are measures to ensure that those selling kittens and puppies must include their licence numbers on any online adverts and that microchipping of animals takes place before rehoming. Sadly, there are still those who seek to import puppies raised in puppy farms and not given the attention and care that we would expect when buying a puppy. A penalty proportionate to the harm caused is important to act both as a deterrent and as a measure to help safeguard vulnerable young animals.
On the detail of the Bill, which I suspect will not be debated in Committee, Clause 3 lists the various offences covered in the Bill. However, I note that it does not cover the Dangerous Dogs Act, which will continue to be within the remit of the police. However, some concern has been expressed by the public and the animal charities that the breeds of dogs covered by the Dangerous Dogs Act need reviewing and that some dogs are covered which are not believed to be dangerous. Are the Government considering reviewing the Dangerous Dogs Act?
Clause (1)5 refers to
“persons who may be specified by regulations”
and paragraph (c) indicates that
“any other person that the Secretary of State considers appropriate”
may enforce these regulations. This is very wide. Can the Minister or the noble Lord, Lord Randall of Uxbridge, give an indication of just what kind of appropriate person this might be?
According to Clause 3(3)(a) the fixed penalty notice may not exceed £5,000, and paragraph (b) states that
“the maximum fine for which a person convicted of the offence is liable on summary conviction.”
Can the Minister say why this is not £5,000 and/or paragraph (b) instead of both? Can he also say whether the fixed penalty fine is a flat £5,000 or whether there is a sliding scale of fines up to a total of £5,000?
Clause 8 gives a list of the enforcement authorities and the explanation of what a “local authority” means—the noble Lord, Lord Randall, referred to this. Local authorities are currently under severe financial constraint. I am somewhat concerned that the fines imposed are to be paid into a consolidated fund, less expenses. What is the consolidated fund to be used for? This could appear a somewhat obscure tax and is likely, therefore, to be resisted. Is the consolidated fund to be used to reimburse local authorities for the work and expense that they will incur in carrying out the function of issuing fixed penalty notices? The noble Lord, Lord Randall, has given some information on this.
This is an excellent piece of legislation that should make it easier for culprits to be brought to proportionate justice and to understand the implications of their actions in terms of animal cruelty. I congratulate the noble Lord, Lord Randall of Uxbridge, and fully support the Bill.
Baroness Jones of Whitchurch (Lab)
My Lords, I congratulate the noble Lord, Lord Randall, for taking over the baton from his colleague Andrew Rosindell, who presented the Bill in the Commons. The noble Lord, Lord Randall, has been a doughty fighter for animal rights and the environment and he has made the case for the Bill very persuasively today. Of course, we recognise that this is effectively a government-sponsored Bill; it would not have got this far if it were not, so the issues that I raise today are ones to which we hope the Minister will be able to respond as much as the noble Lord who has sponsored the Bill.
In essence, we support the Bill. Anything that adds to the arsenal of measures that can be taken against those who transgress animal welfare legislation should be welcomed. However, as my shadow Defra colleague, Daniel Zeichner, made clear in the Commons, this applies only if these are additional measures that do not lead to a watering down of existing legislation. There is a danger that fixed penalty notices could be seen to trivialise more serious animal welfare abuses.
The Minister in the other place has already made clear that the new penalty notices framework is intended to be applied to existing offences already subject to prosecution—so they were judged worthy of prosecution by those drawing up the previous animal welfare legislation. These new fixed penalty notices also allow the offender to remain anonymous rather than publicly being held to account in the way that they would be if the case went to court. I am keen to seek assurance from the Minister that the application of fixed penalty notices will be only for administrative offences, such as failing to microchip a dog or indeed the examples that we have heard this afternoon about the movement of animals, rather than any animal neglect or abuse issues. This issue has been raised by the animal welfare charities and it would be good to get assurance on it on the record.
It is also clear that one reason for the Bill is to help tackle the backlog of court cases, which the Government have allowed to reach unacceptable levels. If this is the case, we would hope that the total number of cases for breaches of animal welfare legislation, either through fixed penalty or court hearings, should increase in total. I hope that the Minister can confirm that this is the Government’s intention. This point has been reinforced by the RSCPA, which rightly points out that, as the Bill is drafted, the number of fixed penalty notices issued by local authorities will be anonymised and/or amalgamated, so we may never know exactly how many have been issued. It is also important that enforcement bodies can share data and information, particularly when it comes to the movement of animals around the country and the need to track persistent offenders.
Our concern about the unintended consequences of the Bill have been raised by Battersea Dogs & Cats Home. Its concern is that the burden of proof in issuing fixed penalty notices is “beyond all reasonable doubt”, which is a higher test than the original legislation. Is there a danger that offenders will be let off for offences where they would otherwise have been found guilty? Does this mean that the number of successful cases will drop rather than rise?
There is also a more fundamental concern about the Bill: we do not know which offences in which Bills will be covered by the fixed-penalty provisions, as that is all to be set out in subsequent secondary legislation. There was some discussion in the Commons about a grid being produced to make clear what the intent is, so I am sorry that that suggestion has not yet reached fruition. This is the sort of issue that the Secondary Legislation Scrutiny Committee and the Delegated Powers Committee have raised concerns about in the past. We really are sailing in the dark in understanding the scope of the legislation before us today, and indeed when it comes to having a chance to influence the detailed provisions in the future. So while we understand the good intentions of those putting forward this legislation, there remains a nagging concern that it could result in a less rigorous and effective regime.
The RSPCA has raised some points of detail that I would be grateful if the Minister could address. Can we be assured that the enforcement officers given the powers to award fixed-penalty notices are appropriately trained and assessed as competent? It would certainly be easier if the powers were limited to use by animal health or welfare officers who have already reached a level of training and competence.
Is it intended that prosecutions for the same offence could still occur if the fixed-penalty notice is not paid or the behaviour that resulted in the notice is not rectified? Otherwise, fixed-penalty notices might become discredited and allow repeated breaches of the animal welfare legislation to carry on unchecked.
The maximum fixed-penalty notice fine is set at £5,000, but is it intended that guidance will be issued, setting out the breaches of legislation that could incur this maximum fine? Otherwise, enforcement officers might opt for trivially small sums that did not match the seriousness of the crime.
There are many questions that still need to be resolved and I hope the Minister will be able to address some of them today. I also hope that, in taking the legislation forward, he will agree to work closely with the animal welfare charities, so that we end up with legislation that strengthens our existing legislation and drives up animal welfare provision in this country. I look forward to the Minister’s response.
The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)
My Lords, I thank my noble friend Lord Randall for his sponsorship of this important Bill and for his continuous and totally reliable championing of animal welfare, both in this place and previously in the other place. Supporting the Bill is part of the Government’s continued commitment to improving animal health and welfare. While the Sentencing Act allows for higher sentencing for the worst cases of animal cruelty, the Bill will allow for the introduction of financial penalties to address less serious offences.
We in this country are rightly proud of our high standards and strive to maintain and improve our position as world leaders in animal health and welfare. As a society, we continue to demand these high standards from all those who keep animals, whether they are companions in our homes, work by our sides or help to produce the food that we eat. The Government are therefore committed to addressing not only the most abhorrent acts of cruelty but those less serious offences that, when ignored, could escalate, posing a greater risk to our nation’s animals.
We currently lack an enforcement option that will sit between and work with warning letters or improvement notices before criminal prosecution is undertaken. The Bill introduces a new system of financial penalties for animal health and welfare offences. It is simple but vital, as it will allow enforcers to deliver an effective and proportionate penalty to those who break the rules. Though straightforward, this measure has the potential to have a significant impact on how our standards are enforced.
A useful example of that might be if a pet breeder fails to include their licence number in online adverts for puppies and kittens. Businesses that breed animals must have a valid licence. Accidentally missing the licence number from an advert or forgetting to microchip animals before rehoming them might seem trivial and unimportant, but proper registration is critical to ensure that people can buy pets with confidence from a legitimate source and with the high health and welfare standards that they rightly expect. That is where a penalty notice is useful.
We must look at the bigger picture when it comes to enforcement and, of course, we must get the balance right. We want to provide early redirection to guide people towards compliance but not arbitrarily penalise those who have made genuine mistakes. I am sure that we can all appreciate the need for a different approach for someone who has accidentally forgotten to log an animal’s movement, for example, and the cruellest acts of animal abuse. This Bill will support that early redirection, so we can reach our shared goals of protecting and improving the health and welfare of our animals.
I will briefly answer one of the questions put forward by the noble Baroness, Lady Jones, whom I thank very much for her constructive words. I will make it clear that criminal prosecution will always be the most appropriate course of action for the most serious crimes. The introduction of penalty notices absolutely will not water down our ability to prosecute those who commit them. It will, however, provide a means for enforcers to consider less serious transgressions. I will return to this point in a few moments.
As the noble Lord, Lord Randall, has so eloquently explained, this Bill covers a vast range of legislation. It will create a practical and consistent tool for enforcers across the animal health and welfare space. Other offences in comparable areas can lead to a £5,000 penalty, such as offences under the eggs and chicks regulations, and offences for fishing under the Marine Management Organisation. We consider it to be proportional, therefore, for penalty notices to have an equivalent maximum of £5,000. The Bill also provides enabling powers and allows offences to be “turned on” via secondary legislation. This ensures a targeted approach which considers the differences across sectors and species. Determining which offences will have options for on-the-spot fines, versus consideration periods, will be part of the discussion officials have with NGOs, subject matter experts and enforcement authorities, should this Bill pass and become law.
I will now respond to a comment raised by the noble Lord, Lord Carrington. In some sectors, like farming, there will be a period of consideration for the inspector and the animal keeper—as the noble Lord acknowledged in his remarks. This will sit in between an inspection and an offer of penalty notice. It will allow the farmer or animal keeper the time they need to present additional information, or a chance to rectify the issue in a reasonable timeframe. As the noble Lord also acknowledged, this commitment was made very clearly at Third Reading in the other house by the honourable Member for North Oxfordshire on 4 February. In her speech, she used bovine TB testing as an example of how this option might be used.
I turn now to the appeals process more broadly. I will avoid going into the minutiae, but I am happy to do so if noble Lords ask me to. Penalty notices have been designed with the safeguarding of farmers, animal keepers and animals themselves in mind. The Bill establishes that an enforcement authority can withdraw a penalty notice at any time before payment, allowing for any misapplication of the penalty notice to be rectified. One imagines that this makes the appeals process much smoother, less bureaucratic, less cumbersome and more doable. To encourage a consistent approach to enforcement, the Bill makes it a mandatory requirement for enforcers to follow the guidance that will be laid before Parliament.
I will briefly return to another of the questions put to me by the noble Baroness, Lady Jones, about engagement with stakeholders. I absolutely commit that we will engage fully with industry and other experts to determine the way penalties are applied to each relevant offence. I hope that in my earlier remarks I reassured the noble Baroness following her concerns that this might lead to watering down. It is absolutely not designed, in any way, to lead to watering down. However, in response to the second part of her question, penalty notices are not designed to replace any of the existing enforcement tools which we have already. That is not the purpose. Clearly, they will not be appropriate every time an offence is committed. Instead, they are designed to complement the existing enforcement for animal health and welfare offences. Enforcement authorities will be required to consider a set of factors when determining whether a penalty notice is appropriate, and the level of that penalty. The correct place to do this will be through secondary legislation and guidance. We have been clear that we will deliver a targeted and tailored approach to meet the sector’s needs. I reiterate the reassurances which have been made in the other place in the strongest possible terms.
The noble Baroness, Lady Bakewell, asked a number of questions. The first was simply in relation to the £5,000 fine. I hope that I have already responded implicitly in what I have said so far. This is not a set fine but the maximum—as my noble friend Lord Randall pointed out. It is, therefore, a sliding scale. Not every fine will be £5,000; some will be very much less than that. Clause 4 outlines the factors which the enforcement authorities will need to consider when determining the appropriate level of penalty. Enforcers will be required to follow the guidance which we will lay and publish when deciding the level of the fine.
The noble Baroness mentioned the Consolidated Fund. The enforcement authorities will be able to retain the costs incurred from issuing penalty notices, but any surplus will be surrendered to the Treasury. It is not a revenue-raising exercise. That is not its purpose. The costs will be recovered.
I thank my noble friend Lord Shrewsbury for his remarks generally and his support for this. He gave an example of his own pony suffering from African horse sickness. Clearly his actions were designed to be and were compassionate. It is impossible to imagine that they would fall foul of the rules that we are legislating for today. It would not be appropriate for me to go into details and rule de facto on specific cases, but his starting position and assumptions are entirely right. We have committed to work with a very wide range of stakeholders, including the enforcers, on precisely which offences would qualify for penalty notices. He mentioned one or two charities, such as the RSPCA, which I think, as he does, does a great job. They do not always get things right, but the legislation that we are putting in place here does not require the Government to include charities as enforcement authorities. There are currently no plans for the Government to do so, but it is possible under the Bill’s provisions. Obviously, this will need to be done with full consultation and enormous care, but I struggle to imagine that the examples which he gave would not pass the test that he himself has just set.
I hope that I have covered most of the questions put to me by noble Lords. If any remain, I am very happy to follow up in writing. I know that my noble friend Lord Randall has also made himself available to talk to noble Lords if there are any issues that have not been covered in this debate. In the meantime, I conclude by thanking noble Lords again for their involvement in today’s debate, particularly my noble friend Lord Randall. It is testament to his commitment that he is here, having just pulled through Covid. He cannot have enjoyed standing and speaking for as long as he did earlier, but I am thrilled to see him back. I also thank the NGOs, including the RSPCA and the National Farmers’ Union, which have been instrumental in supporting the Bill to this stage.
Lord Randall of Uxbridge (Con)
My Lords, I thank all noble Lords for the consideration and contributions that they have given today. I sincerely thank the Minister for reiterating the Government’s continued support for this Bill and for endeavouring to answer some of the questions. I am sure that between us we can reassure on some of those other questions that have remained not quite answered. I look forward to supporting the Bill through its remaining stages.
I very much thank the noble Lord, Lord Carrington. He was almost enticing me to go down the path regarding kites and ravens but it is not in this Bill and, as a council member of the RSPB, I do not want to get completely taken down there. However, on that issue, which my noble friend Lord Shrewsbury also mentioned, the populations of some of these have grown exponentially. Only a couple of days ago I heard the first raven over suburban Uxbridge. We do not have many sheep farmers there, but these things are growing; I hear kites regularly. Although it is not in this Bill, we must have a mature discussion about this, otherwise farmers and other landowners might take the law into their own hands and do illegal activities which make the whole situation worse. I echo that.
My noble friend Lord Shrewsbury is far too modest. If I had known that he could have taken this through, I would have been only too delighted to defer to him. As we have heard, his experience with horses and other things far exceeds my own—so I will see if I can find him a job somewhere.
The noble Baroness, Lady Bakewell of Hardington Mandeville, wanted to take us a little bit down the path of the Dangerous Dogs Act, which I do not think is in this Bill. I also thank the noble Baroness, Lady Jones of Whitchurch, for some pertinent questions and will give her the reassurance I can: when it comes to secondary legislation, I shall keep a close eye on this as well. Statutory instruments are not always the thing that people like to get involved with, but they are probably some of the most important things. I often think that some of the strangest measures, certainly in the other House, are passed on a wet Wednesday afternoon when nobody is watching. So we will have to keep an eye on that.
Anyway, I again thank my noble friend the Minister very much. I also extend my sincere gratitude to those outside the House who have given unrelenting commitment to working with officials to take the Bill to where it is today. As my noble friend the Minister said, I know that officials have engaged particularly with the RSPCA and the National Farmers’ Union, and I am thrilled that constructive meetings have brought us to a place of agreement and contentment—he said hopefully. Officials are fully committed to continuing this engagement when we move to the next stage, which will include, importantly, writing the official guidance and drafting the secondary legislation.
I also thank very much the officials in Defra and the Government Whips’ Office who helped with the preparation for the Bill’s Second Reading and gave me more eloquence than I would normally exude. I close by once again expressing my gratitude to all noble Lords here today. I very hope the House will give the Bill a Second Reading.
Animals (Penalty Notices) Bill
Monday 28th March 2022
(2 years, 7 months ago)
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Lord Randall of Uxbridge (Con)
My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.
Animals (Penalty Notices) Bill
Friday 1st April 2022
(2 years, 7 months ago)
Lords ChamberRead Full debate Animals (Penalty Notices) Act 2022 Read Hansard Text Read Debate Ministerial Extracts
The Earl of Shrewsbury (Con)
My Lords, on behalf of my noble friend Lord Randall of Uxbridge, I beg to move that this Bill do now pass. I declare my interest as a member of the National Farmers’ Union.
I know that my noble friend Lord Randall of Uxbridge was delighted to be asked to sponsor this important Bill by my honourable friend the Member for Romford in the other place. I give great credit to my honourable friend for introducing the Bill and for skilfully steering it through all its stages in the other place. I also take the opportunity to thank the Minister for his support of this Bill in your Lordships’ House. I also thank my honourable friends the Member for Bury St Edmunds and the Member for Banbury for their valuable support in the other place.
As your Lordships will be aware, this Bill will enable the introduction of penalty notices for existing offences relating to animal health, welfare, biosecurity and products, with a maximum fine of £5,000. The Second Reading debate showed that the Bill was supported from all sides of this House, and I am sure all noble Lords will agree that it is reassuring that there are matters on which we can all wholeheartedly agree—such as the one before us today on improving protections for the animals that we keep.
I congratulate the Government on their continued support for this Bill; their dedication to improving the lives of animals is commendable. I also take this opportunity to thank noble Lords for their considered and important contributions. I am grateful to noble Lords for being considerate of the time constraints attached to Private Members’ Bills in general, and I am delighted that no amendments were tabled.
I also extend my thanks to those long-standing advocates for animals outside Parliament who have supported the Bill. They include many charities and other organisations, such as the National Farmers’ Union, the RSPCA, Battersea Dogs & Cats Home, Cats Protection, the Dogs Trust, Blue Cross and World Horse Welfare. I commend them for supporting this Bill and the benefits it will provide.
Finally, I extend my thanks to the civil servants in Defra and the Whips’ Office for getting us to this point just before this parliamentary Session draws to a close. Given this Government’s commitment to strengthening animal health and welfare, I am sure that this will be one of many measures that we will see.
Baroness Hayman of Ullock (Lab)
My Lords, I thank the noble Earl, Lord Shrewsbury, for so ably introducing the Motion on behalf of the noble Lord, Lord Randall of Uxbridge, who has so well steered it through this House so far. I also pay tribute to Andrew Rosindell, who sponsored the Bill in the other place.
We welcome any increased measures against those who break animal welfare laws deliberately, so we are pleased to see this Bill passing into law. But can I ask the Minister some questions about some other animal welfare legislation we are waiting on? It will be good to see the Animal Welfare (Sentience) Bill pass—fingers crossed—next week, and I was pleased to see that the Leader of the House in the other place has confirmed that the kept animals Bill will be carried over to the next Session. However, I am concerned, as are many others, about the fate of the animals abroad Bill, which would look to ban foie gras, fur imports and trophy hunting imports. Many people right across the parties support these Bills, and I would be grateful for an update from the Minister.
The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con)
My Lords, I start by congratulating my noble friends Lord Randall and Lord Shrewsbury on progressing the Bill to this stage. I echo the thanks to Andrew Rosindell, not only for stewarding the Bill we are discussing today but for his efforts on behalf of animal welfare over many years.
This Bill is one of several animal health and welfare reforms being supported by the Government. Before I move on to the specifics of this Bill—although I will keep that very brief—I will address the comments and questions put to me by the noble Baroness. She is right that the kept animals Bill is progressing, is safe and is happening. I am very pleased, as she is, that that is the case. The sentience Bill, too, is in good shape, and I cannot see any obstacles to that Bill. She will be aware, as other noble Lords will be, that we set out much broader plans in the animal welfare action plan, which included measures relating to protecting animals abroad, as she might imagine. A number of those proposals are moving ahead well, so I can provide absolute reassurance in relation to trophy hunting, for example. Our commitment to ban the import of hunting trophies, as described by the Government in the paper they produced, is on track and will happen. I say “on track”, but there have been delays. It would be foolish to pretend that there have not been delays, but it is on track and the commitment remains absolute. I assure the House that that proposal will go through, and I hope that it will become law, subject to the approval of both Houses.
In relation to other measures in what would be the animals abroad Bill, we have discussed in detail measures to ban the import and export of shark fins. We are working through those measures, and the noble Baroness will not be surprised to hear that I am completely committed to making sure that those measures go through. Likewise, on fur, foie gras and low-animal-welfare entertainment, we see masses of campaigning on this issue and some really shocking images—for example, of elephants being broken in in an utterly depraved manner in order to provide entertainment for tourists who often do not know the back story of those animals. So, all these measures are progressing, and I give the House my assurance that I will I do everything I can to ensure that they make it into law. I thank the noble Baroness very much for her positive pressure on these issues and for her co-operation.
As was discussed at Second Reading, penalty notices will serve as an important tool to encourage animal keepers to follow the rules and discourage those who break them from committing more serious offences through this early redirection. Continued engagement by noble Lords, both at Second Reading and today—of course, we also had plenty of engagement in the other House—testifies to the importance of this Bill and highlights that animal health and welfare is and will continue to be a key issue for this House. The Bill will directly benefit this country’s farmed and kept animals, including zoo animals and companion animals, and it will increase accountability when our biosecurity is put at risk. Penalty notices will bolster our existing enforcement measures and will give enforcement authorities more options to influence positive behaviour when it comes to caring for our animals.
I am very grateful for the support this measure has received. A number of the organisations which have engaged closely with us and invested much of their time have already been named by my noble friend. I am grateful to them as well for carefully considering how this will work in practice and for sharing their views so that we can make this measure as effective as possible. In particular, I echo the thanks to the RSPCA, Battersea Dogs & Cats Home and the National Farmers’ Union, as well as many others. Their support has been invaluable.
I also thank the Delegated Powers and Regulatory Reform Committee for its report on the Bill. I completely agree that appropriate parliamentary scrutiny is necessary, both for this Bill and, of course, for all others. That is why the guidance will be laid before Parliament and why we will work closely with stakeholders to ensure that we get it right.
I echo the thanks of my noble friend Lord Shrewsbury to the Whips’ Office and to all those who have worked on this Bill. I hereby conclude on behalf of the Government.
Royal Assent
Thursday 28th April 2022
(2 years, 6 months ago)
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