Read Bill Ministerial Extracts
(2 years, 11 months ago)
Public Bill CommitteesBefore we begin, I have a few preliminary reminders. Members are expected to wear face coverings and maintain distancing as far as possible. I remind everyone that they are asked by the House to have a lateral flow test each day before coming on to the parliamentary estate. Please switch electronic devices to silent. Hansard colleagues would 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. We will have a single debate covering all 10 clauses. To help everyone, I will call Jane Stevenson, then go to the Back Benchers, the shadow Minister, the Minister, and then back to Jane Stevenson. That is the plan.
Clause 1
Offences relating to glue traps in England
Question proposed, That the clause stand part of the Bill.
It is a great pleasure to serve under your chairmanship, Mr Dowd. I thank all fellow Members who have come today for joining me to discuss this important Bill. I am delighted to be able to bring forward a Bill that will advance the country’s standards for animal welfare. The Bill proposes the ban of glue traps for catching rodents in all but the most exceptional circumstances.
Glue traps have the potential to cause immense suffering to animals caught in them. The British Veterinary Association reports that trapped animals can suffer from torn skin, broken limbs, hair removal, and die a slow and painful death—from suffocation, starvation, exhaustion and even self-mutilation.
While they are sold as rodent traps, many animals get caught on them, with more than 200 incidents reported to the RSPCA over a five-year period, involving cats, garden birds, hedgehogs, squirrels, and even a parrot. The animals suffer horrendous injuries. Miles the cat, who made the local press, was stuck to four glue traps and had to be put to sleep as nothing could be done to save him.
As a lifelong animal lover, my grandfather—grandad Mattox, who was born in wonderful Wednesfield in my constituency—instilled in me a love of animals, and of birds especially. For anyone doubting the cruelty of these traps, a quick Google search will bring up some horrific photographs of robins, owls and songbirds stuck on them. This Bill has wide support across the Chamber, and it is not surprising that a 2015 survey found that over two thirds of people supported a ban on glue traps.
Although it is important that we control rodent populations where they are causing a problem, other pest control methods are available. Effective rodent proofing is often a good solution, as are live capture and release or humane lethal methods such as break back traps, which would kill instantly. It is right to prevent the use of glue traps by the general public. The Bill proposes that they should be a last resort for professional pest controllers, where there is no alternative.
I applaud the progress the hon. Lady has made on this Bill, which I fully support. One area of concern is on the definition of a pest controller. I am concerned that a restaurant’s owner or cleaner, for example, could designate themselves as the pest controller and could therefore have access to glue traps.
I thank the right hon. Member for his intervention. I would also like to thank him for his work on raising awareness of glue traps—over many years, I think. All these concerns are, I think, things for the licensing regime, which will be coming into force over the next two years if the Bill is successful. However, I absolutely agree. We must be aware that those people licensed to use the traps must be qualified—and qualified in dispatching animals humanely, because glue traps do not kill animals; they just leave them stuck and stranded.
There is another thing for the licensing regime to consider. I have spoken with many animal welfare organisations over the past year, and one suggestion was the use of pressure pads. I think that technology could help to make traps even more humane when they do have to be used. A pressure pad would alert the pest controller that something has triggered the trap. The current recommendation is to check traps every 12 hours, but I hope that licensing will encourage the use of technology so that animals are left in traps for the minimum possible time.
I thank the hon. Lady for giving way and for introducing the Bill. The use of glue traps sounds like a completely gruesome practice, and I am glad that she is taking steps to minimise it. I am a bit confused about how the licences would work. Clause 2(2) states that the Secretary of State may grant a licence if
“there is no other satisfactory solution”,
which sounds as though there would be quite a detailed assessment of when it is and is not appropriate to use glue traps.
However, clause 2(1) suggests that licences are not granted to pest controllers for specific incidents—they would not go to the Secretary of State every time there was mouse to deal with. I am not quite sure how those two provisions work together. If a licence is already granted and the pest controller can use it, how can the Secretary of State consider whether glue traps are the only satisfactory solution for a particular incident? Sorry that question is a bit garbled—I hope it makes sense.
Again, I agree that the detail on when licences are issued needs clarification, but in the case of a hospital power control room, for example, the licence would cover the location rather than one specific instance of infestation. Another example that has been raised is that of the aeroplane cockpit, where dealing with an infestation quickly is important. Whether licences would be granted to an airline, an airport or a hospital, for example, needs clarifying in coming legislation, on top of the Bill.
Some Members have expressed concern that the Bill will impair our ability to control rodent populations, but no evidence supports that. Both Ireland and New Zealand have banned glue traps but have not seen an increase in out-of-control rodent infestations. Alternative, similarly priced options are readily available. If we need to kill animals, surely we have a responsibility to do so as quickly and as humanely as possible. The licensing regime will ensure that glue traps are available as an option, in extreme circumstances, if they are needed to preserve public health or safety where there is no solution.
I thank all members of the Committee for being here. I also put on the record my thanks to my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), who very ably and kindly stepped in for me when, sadly, my brush with covid prevented me from leading the Second Reading debate in the Chamber. I commend the Bill to the Committee, and I look forward to contributing further to drive up animal welfare standards in our country.
I congratulate the hon. Member for Wolverhampton North East (Jane Stevenson) on her Bill making it this far. As I think she can hear, there is an awful lot of support for it.
As the hon. Lady highlighted, glue traps are an inhumane and cruel form of pest control. Once an animal is trapped, it faces prolonged suffering until it is put out of its misery or dies of hunger or dehydration. An animal caught on a glue trap can be left unchecked for between three and 24 hours—or even longer—before dying. As she said, between 2016 and 2020, the RSPCA received 236 reports of glue trap incidents involving animals for which the traps were not intended—the story of the cat is just horrific. Additionally, there is no guarantee that traps will actually catch the animals for which they are intended, and we know that they cause misery for animals that are trapped unintentionally.
There are more humane traps for when pest control is required. I welcome the Bill’s proposal for a public ban on glue traps. I heard what the hon. Lady said about specific circumstances, and I hope that the Minister will say more about that.
The proposals would make provision for glue trap licences to be granted to
“all pest controllers, a class of pest controllers or a particular pest controller”
and
“to be valid for the period specified in the licence”,
only where
“there is no other satisfactory solution.”
Those conditions are welcome, but I urge the Minister to do better. The RSPCA says that it would like the exemptions to be clarified and loopholes tightened so that the law can be as effective as it can be.
The primary offence in clause 1 is setting a glue trap to capture a rodent, and the following offences focus on rodents; however, other animals can get caught in glue traps, usually by accident. I would like the offence to become less specific. The RSPCA suggests that the best way of doing that is by changing the word “rodents” to “vertebrates”.
In New Zealand, as the hon. Lady said, the law requires individual users to apply for a licence on a case-by-case basis. Prospective licence holders should be required to provide evidence that they are adequately qualified in the use of glue traps, that there is a public interest, and that the traps will be used only as a last resort after other methods have been considered. Will the Minister provide assurances that there will be similar oversight of the licences, and strong criteria to ensure that all licences granted will be time limited and situation specific?
Organisations such as Humane Society International are calling for a more specific and narrow definition of a pest controller in the legislation. My right hon. Friend the Member for Alyn and Deeside spoke about that. The proposed definition is
“a person—
(a) who, in the course of a business, provides a service which consists of, or involves, pest control, or
(b) is employed by a public authority to carry out pest control.”
Humane Society International argues that a pest controller must be defined as someone who is also appropriately trained to provide such services, to ensure that glue traps do not continue to be misused by amateur or incompetent users.
Finally, we should aim to ensure that the public will be aware of the new law, and that the sale of glue traps is monitored so that people cannot buy a trap that they cannot use.
On that point, I have just gone on eBay, where there are many listings of glue trap. These things are not easy, but we need assurances that something will be done about that. It is one thing banning it, but if people can get the traps, which are often produced in China or somewhere else, they will still be used.
My right hon. Friend makes a valid point that we keep raising. We make laws here, but unless the Government make the public aware and produce supporting guidance, the crime can continue and people argue that they did not know.
I raised that matter as the Bill was being drawn up. I think the issue was with the devolved Administrations. Given that people could easily purchase glue traps from Scotland, Wales or other sources, it was difficult to ask for the Bill to be drafted to ban the sale of them. However, I know that in Wales and Scotland there are moves to ban glue traps. I hope that at a future date the legislation, when it is aligned, will ban the sale of glue traps, rather than just the current proposals.
The hon. Lady will be aware that there are many examples of where we lead and, unfortunately, Scotland does not always follow the common-sense approach—[Laughter.] All that said, I am so pleased that the law will reduce the use of glue traps and the unnecessary suffering of animals. The change is very popular with the British public. A 2015 YouGov poll found that 68% of the British public agree that glue traps should be banned in the UK, so will the Minister agree to make the law as strong and as robust as possible?
It is a pleasure to serve under your chairmanship, Mr Dowd. I pay tribute to my hon. Friend the Member for Wolverhampton North East. What a great addition to our legislation the Bill will make when, as I hope, it becomes an Act. I have been persuaded by the arguments on Second Reading about the cruelty of glue traps that their use should be limited. I know that she is aware of my support for the purposes of the Bill.
However, I have one concern about the drafting, which I raised in the House on Second Reading, relating to clause 1(5). It states:
“A person commits an offence if the person—(a) finds a glue trap in England that has been set in a manner which gives rise to a risk that a rodent will become caught in the glue trap,”—
in other words, one that has been set and is active—
“and (b) without reasonable excuse, fails to ensure that the glue trap no longer gives rise to such a risk.”
I have in mind the innocent bystander or passer-by who comes across a glue trap that they did not set, perhaps because they are not the owner of the premises. The clause, as currently drafted, creates a presumption of guilt against the finder. In harsh terms, it shifts the burden of evidence away from the prosecution to establish their motives, to the defendant to establish reasonable excuse and to explain why they did not take effective steps to put the glue trap out of commission.
My question, which I hope the Minister will be able to address in her remarks, is what would amount to a reasonable excuse under this drafting? Would ignorance of the law relating to pest control amount to a reasonable excuse? Although many of our constituents are well versed in the legislation around pest control, some are not. In fact, I would suggest that 99% of those innocent bystanders or passers-by would have no idea if a glue trap is an illegal device and whether its application in that context is licensed or otherwise.
I am glad that the hon. Gentleman has raised this point, because I had that flagged as a concern as well. For a start, what does “finds a glue trap” mean? Someone renting a holiday cottage on a farm, riding a horse at a stables or renting an office might come across one. There are so many circumstances in which it would be absolutely nothing to do with them and they would be in no way culpable by being there.
There is also knowing what to do. When the clause says
“fails to ensure that the glue trap no longer gives rise to such a risk”
it sounds as if the person that finds it is expected to dismantle it. Most people would not have the slightest idea how to go about that safely.
I am grateful for that intervention; we clearly agree with each other. I do not want to put unnecessary barriers in the way of the progression of this Bill—we want it to have a following wind—but there appears to be cross-party concern that the wording might need to be tightened up, or at least that explanations as to what might amount to a reasonable excuse should be given.
Thank you for the honour of serving in this debate, Mr Dowd. I congratulate my hon. Friend the Member for Wolverhampton North East (Jane Stevenson) on her private Member’s Bill reaching Committee. I attended its Second Reading on 19 November last year and greatly enjoyed the contributions of many Members, and was glad to hear the Government support for the Bill.
In the United Kingdom, we are rightly proud of the welfare standards for animals. The Brexit dividend has enabled us to continue to advance our world-leading animal welfare standards. Future legislation will introduce strong legal protections for all animals and ban the use of inhumane glue traps.
Pest control is necessary as pests can be a huge threat to public health, but they should be captured and controlled as humanely as possible. Other traps, such as snap or break back, are more humane, cost effective and reusable. Glue traps inflict slow, painful deaths on animals that have been captured, and do not just target rodents because other wildlife can be caught by these indiscriminate traps. They are described by many as one of the cruellest forms of rodent control. Therefore, I support the ban on this mechanism. Ireland and New Zealand already have bans and have transitioned seamlessly.
In my eyes, people with professional pest control licences should be able to continue to purchase these traps, because they are qualified to use them. The pest control industry is evolving as people become more aware of animal sentience and the need to treat all animals humanely. I welcome this legislation, and I once again applaud my hon. Friend the Member for Wolverhampton North East for introducing it.
It is a pleasure to serve under your chairmanship this afternoon, Mr Dowd. I pay tribute to the hon. Member for Wolverhampton North East for raising this important issue and for the constructive way she has worked with Opposition colleagues. I commend her, because she has secured what the authors of so many private Members’ Bills really want—the elusive support of Her Majesty’s Government. I hope she will share any tips on how she has achieved that.
This has been a busy week for the Department for Environment, Food and Rural Affairs and its Ministers, and it is good to see the Minister in her place. It feels like only yesterday we were both on the Front Benches in the Chamber—oh, yes, it was only yesterday! We still welcome the Bill, as we did on Second Reading last year. In that debate, my hon. Friend the Member for Sheffield, Hallam (Olivia Blake) noted that banning glue traps was supported by a range of campaigners, stakeholders and organisations. That support still stands today, and extends across the Opposition Benches.
We have had an excellent debate about positive and constructive ways to move forward today. My hon. Friends the Members for Rotherham and for Bristol East and my right hon. Friend the Member for Alyn and Deeside have all made constructive, helpful comments about enforcement, the scope of the Bill and the language, including the issuing of licences and the definition of pest control. We must nail down those important issues to ensure that the Act is as strong and powerful as possible. Will the Minister indicate what further thinking has taken place in the Department since Second Reading? We have not tabled any amendments at this stage, but we reserve the right to do so on Report. Much will depend on the Minister’s response to the points raised today.
Issues about animal welfare, including the need for this Bill, have had a good hearing this week. We debated the Animal Welfare (Sentience) Bill yesterday and we await the next stage of the Animal Welfare (Kept Animals) Bill. Discussions are ongoing about that. That will help to put this Bill in context. These pieces of legislation demonstrate why we need to make this Bill fit for purpose, to ensure we are delivering the strongest possible animal welfare policy across the piece.
On enforcement, covered in clauses 4 to 6, we need to think about a joined-up approach with the devolved Administrations. We have all had discussions and thoughts about mice racing across the border between Wales and England, or the other way around, so I ask the Minister to address that point in her response. As a Welsh MP, I highlight that Members in Wales, Scotland and Northern Ireland are no less passionate about care and welfare of animals. We want to be part of the solution. The Bill has our support.
I hope the Minister will reflect on colleagues’ contributions as the Bill progresses through the House. The hon. Member for Wolverhampton North East has done many animals a service by bringing the Bill to this House. I thank her for doing so. I look forward to working with colleagues in making the Bill as strong and purposeful as possible.
It is a pleasure to serve under your chairmanship, Mr Dowd. I thank my hon. Friend the Member for Wolverhampton North East for bringing forward this private Member’s Bill, which is, as she said, so important for animal welfare. I join her in thanking my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory), who stood in for her when she had to take some time away from this place—although I know she was watching on. It has been an absolute pleasure to work with my hon. Friend the Member for Wolverhampton North East on progressing the Bill. As we have heard today, the measures are sensible. Everybody wants to stop the use of glue traps.
I thank all hon. Members for their contributions, and I thank the organisations that supported the introduction of the Bill; the hon. Member for Rotherham referred to some of them. I reassure her and other Committee members that one of the reasons for a two-year delay was to get this right; we needed those further conversations about how to do this most effectively. My hon. Friend the Member for Wolverhampton North East talked about new technology, such as pressure pads that inform someone electronically when an animal has been caught in a trap, so that it can be dispatched as soon as possible. They are still in use; there is also the point about making sure, through licences, that we know where such devices are. That will have to be done in steps.
As the hon. Member for Newport West said, there is a challenge in that we are slightly out of step with the devolved Administrations. My offer to her before the sitting was to discuss how we can talk to the devolved Ministers with responsibility. On Second Reading, the hon. Member for East Kilbride, Strathaven and Lesmahagow said that she felt that the Scottish Government would be interested in looking at the matter.
On pressure pads or humane traps, such as those where the mouse goes into a tube and can then be released, they are humane only if they are checked; otherwise, the mouse dies probably a far worse death than it would have under other trapping methods. That is why it is important that a licensed person checks the traps regularly, rather than thinking that they have done their job by setting the traps.
That is why we need to think about how we go forward with the licences, applications, resourcing and so on. It is arguably why there is a two-year delay. Once again, campaign groups have run a really good campaign challenging shops not to stock the traps. I take the point about the internet; it is a challenge. I also take the point that several hon. Members made about educating the public and ensuring general awareness. I will answer the inquiry of my hon. Friend the Member for Broadland more directly, but this also goes to his point: setting aside use of the traps by licensed operatives, once we have taken the items away, the likelihood of their being in places where they should not be is diminished.
E-scooters are not allowed to be used on the road or pavement, unless they are the rental ones, but more than 300,000 have been sold, and we know that they are used on the road. I have had an ongoing battle to determine whether it is the responsibility of shopkeepers, the police or whoever to make it clear to people that they are spending hundreds of pounds on something that they cannot use. If we are saying that people selling glue traps somehow have a role to play in preventing them from being sold to people without licences, I do not think that would really work.
I ask the hon. Lady to forgive me, if that is where she felt that I put the onus. I was not putting it on shopkeepers directly; that approach has to be part of a suite of approaches. As we have mentioned, these items are legally available because Wales, Scotland and Northern Ireland are not banning them. We cannot move forward until we are in lockstep. As and when that happens—hopefully we can discuss that—we can be more rigorous. Until then, with all due respect, our hands are tied when it comes to making the law more definitive. On education and making people aware, I take on board the point that, although some of our constituents are pest control experts, especially it seems in rural constituencies, many will not be aware.
The right hon. Member for Alyn and Deeside asked whether pest controllers will have to demonstrate evidence of training or competence. There is no recognised training or accreditation that can be relied on to define who is competent in the use of glue traps, but it is not necessary to specify that in the Bill, as the Secretary of State has discretion to grant licences to particular pest controllers and certain classes of pest controller, and to impose a condition on any licensee. That includes a requirement to have attended training and for a company’s operatives to be trained in the appropriate way to use glue traps. That would allow licences to be granted only to pest controllers who have completed certain training, or can demonstrate that competency, which I think is what everybody wants. That is why further conversations about how this is set up are important.
I congratulate my hon. Friend the Member for Wolverhampton North East on this excellent Bill, which I hope will be another advance in animal welfare in this country. On a point of clarification, obviously in kitchens there are sticky traps and fly rolls, which are used for food safety. Does this Bill have any knock-on effect on controlling insects? Will those methods end up being banned because of this legislation? Has that been taken into account?
No, this is about banning glue traps that capture animals. I will come on to why we have used the term “rodents” rather than “vertebrates”, but the Bill is specific to animals. There is no mission creep into other areas.
Although the Bill refers only to rodents, by default it will protect all other animals that are at risk from glue traps—we have been over this several times—because it will be an offence to set the trap
“in a manner which gives rise to a risk that a rodent will become caught”.
Examples were given of animals that might be caught; if a glue trap is not set for a rodent, it cannot catch a cat, a garden bird or any other mammal about which we might be concerned.
Finally, the hon. Member for Broadland talked about a person being found guilty of an offence if they found a trap but did not set it. The offence applies only if a person does not have a “reasonable excuse” for failing to remove the trap. A reasonable excuse explicitly includes reasonably believing that the trap was set under licence, as may well happen in some of the examples given of business premises.
Clause 1(5) is intended to close a potential loophole in which a person, having come across a glue trap that has been set by someone else, fails to remove it in circumstances where it would be reasonable for them so to do. The concept of “reasonable excuse” enables magistrates to decide on the facts of the individual case. It is a concept commonly used in criminal offences to allow magistrates to determine whether the defendant’s actions warrant the imposition of criminal liability. For example, if someone were renting a holiday home, they would have no knowledge of a trap being laid. It would be for the owner of the holiday home to defend that action. A person who moves into premises and finds a glue trap there, however, is unlikely to have a reasonable excuse for not removing that trap. On the other hand, a passer-by is more likely to be able to provide a good excuse for not removing a glue trap that has been set. An example of a good excuse might be where removing a glue trap might be a cause of trespassing. The two-year delay allows for these items to be removed, so we should not have that problem, but I take on board the point made by Members from across the Committee about whether we should do more educationally, via organisations and so on, to ensure that the general public are better informed about the fact that these items will be banned and cannot be used other than by a licensed pest controller. I think that is a fair challenge.
As we have discussed, clause 1 sets out the offences relating to glue traps and makes it an offence to set a trap in England for the purpose, or in a manner that gives rise to the risk, of catching a rodent. The clause specifically refers to rodents, as I have said, because they are the primary target. We know that other small animals may get caught, but by default it is always about catching that rodent. If a glue trap was set to catch another animal, it would be likely to catch a rodent. With due respect, it is a bit of a circular argument.
Clause 2 sets out licensing provisions to allow the use of glue traps by professional pest controllers under certain exceptional circumstances, as my hon. Friend the Member for Wolverhampton North East mentioned. A glue trap licence may be granted to a pest controller for the purpose of preserving public health or safety when no other satisfactory solution is available. I expect applications for such a licence to be few and far between. Licences may be subject to any condition specified. That will allow licences to be granted only to pest controllers who can demonstrate the evidence of competence to which I referred earlier. It would also allow licences to impose a condition to safeguard the welfare of trapped animals, and conditions to do with monitoring, whether via electronic or other means.
Clause 3 sets out the offences in connection with glue trap licences. It replicates provisions relating to licence applications under the Wildlife and Countryside Act 1981. Clauses 4 and 5 set out the enforcement powers of constables and authorised inspectors. These inspectors may be authorised by the Secretary of State in a similar way to inspectors under the Wildlife and Countryside Act. The expectation is that they will be employed by the public body delegated with licensing functions, which in this case is likely to be Natural England. Authorised inspectors are granted powers to inspect the premises of pest controllers who have a glue trap licence in order to ensure that the conditions of that licence are being adhered to. Clause 6 sets out offences in connection with authorised inspectors; it replicates the provisions for wildlife inspectors set out in the aforementioned Act.
Clauses 7 to 10 consider who is liable if an offence is committed by a body corporate, and how the Act applies to the Crown. The clauses define various terms used in the Bill and set out its extent, commencement and short title. The offences in clause 1 are expected to commence two years after Royal Assent; that gives individuals and businesses sufficient time to transition to alternative methods of rodent control, and provides ample time to put in place a suitable licensing regime, in discussion with stakeholders such as Natural England and the bodies that we have mentioned in proceedings on the Bill.
I thank Committee members for their comments and their support thus far, and I commend the Bill to the House.
I will finish by thanking everyone for their contributions. We have had an interesting debate, and some important points were made about ensuring that the Bill achieves its intended purpose.
I could not close the debate without again thanking the animal welfare organisations that have been in close contact. We had a Zoom meeting with, I think, a dozen animal welfare organisations, which have been incredibly supportive. I thank them for their work in getting the Bill to this stage. There are probably too many to mention, but the list includes the RSPCA, Humane Society International, the UK Centre for Animal Law, Cats Protection, the Royal Society for the Protection of Birds and Animal Aid.
I have a special word for the Conservative Animal Welfare Foundation; I spoke about this Bill at its event at our party conference, and speaking at the same event was Sir David Amess, who was such a champion of animal welfare. He will be hugely missed by those who support the cause of animal welfare, and it is for all of us to continue his amazing legacy.
I thank the Minister for working so kindly with me, for being patient, for supporting the Bill and for her explanation when she summed up. I also thank the team at DEFRA, the team in my office and you, Mr Dowd. There is nothing more to say, other than that I am very grateful for the support for this Bill. It is important that we get it on to the statute book, and that all the licensing regime issues are dealt with once the Bill has passed through the House.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 10 ordered to stand part of the Bill.
Bill to be reported, without amendment.
(2 years, 10 months ago)
Commons ChamberBefore we get on to the proceedings, I want to remind Members of the difference between Report and Third Reading. The scope of the debate on Report is determined by the amendments that Mr Speaker has selected. The scope of the Third Reading debate to follow will be the whole Bill as it stands after Report. Members may wish to consider these points and then decide at which stage they want to try to catch my eye.
Clause 1
Offences relating to glue traps in England
I beg to move amendment 1, line 3, after “rodent” insert
“or any other vertebrate animal”.
This amendment, and Amendments 2 and 3, would create an offence of setting of a glue trap capable of catching any vertebrate animal, removing a potential defence of a user claiming that a trap had been set to catch a non-rodent vertebrate.
With this it will be convenient to discuss the following:
Amendment 2, line 6, after “rodent” insert
“or any other vertebrate animal”.
This amendment, and Amendments 1 and 3, would create an offence of setting of a glue trap capable of catching any vertebrate animal, removing a potential defence of a user claiming that a trap had been set to catch a non-rodent vertebrate.
Amendment 3, line 11, after “rodent” insert
“or any other vertebrate animal”.
This amendment, and Amendments 1 and 2, would create an offence of setting of a glue trap capable of catching any vertebrate animal, removing a potential defence of a user claiming that a trap had been set to catch a non-rodent vertebrate.
Amendment 4, in clause 2, page 2, line 24, leave out paragraph (a).
This amendment would require that licences for glue traps be issued at a class or individual level only, in order to minimise their use only to exceptional and specific circumstance.
Amendment 5, page 2, line 25, leave out “all pest controllers”.
See the explanatory statement for Amendment 4.
Amendment 6, page 3, line 29, leave out from “provides a” to end of paragraph (a) and insert “pest control service, or”.
This amendment would clarify that individuals whose businesses may “involve” pest control, but who are not pest controllers by training and trade, cannot be licensed to use glue traps.
First, I would like to put on record my thanks to the hon. Member for Wolverhampton North East (Jane Stevenson) for bringing in this Bill. Particularly as she is a new Member, I hope she will get the Bill through. That would be more than I have done in 20 years in this House, so she will have done incredibly well.
Following other Members, I feel I must very quickly, before I upset you, Madam Deputy Speaker, mention Muffin, Bobby and Mrs Skittles, who are my cats. I would advise Members to look at the House calendar, because Mrs Skittles features in this month’s photograph. That was organised by the late David Amess, who organised the competition for many years. We certainly miss him in this place.
My amendments cover two key areas. The first area looks at where a trap is laid and an animal other than a rodent is caught. At present, the wording in the Bill is:
“A person who sets a glue trap in England for the purpose of catching a rodent commits an offence.”
I am sure Members of the House are well aware that it is not just rodents that are caught in glue traps—even though that practice, to me, is barbaric in itself. Birds are caught too. They are also probably aware of the tragic situation in which a pet cat was trapped for some time on a glue trap or a number of glue traps and had to be put down. I hope this provision is not a loophole; I am looking at the Minister. I am sure, as we have heard previously, that that is covered in other legislation and that there is not a problem with any loophole in this Bill. Clearly, if people look to get around the legislation by claiming that they are laying traps for a different purpose, that defeats what we are trying to achieve.
The second area looks at dealing with regulation. Pest control is not a very well regulated industry, and the concern I and a number of others have is that we cannot have a situation in which anybody can designate themselves as a pest controller. I would certainly want some assurances that that is not the case, so that a porter in a hotel or a restaurant—or the owner, or anybody else—could not suddenly describe themselves as a pest controller and have access to glue traps. It is important that the industry is regulated, or at the very least that there are some assurances that this is a person’s profession rather than something they have just decided to do for a period of time.
I would like those assurances, and if I receive them I will wish the Bill swift progress and will not push the amendments to a vote.
I want to speak briefly to the amendments, as it gives me a chance to thank the right hon. Member for Alyn and Deeside (Mark Tami) for all his work on glue traps. He has tabled an early-day motion on these barbaric traps and we share the aim of stopping the cruelty and suffering that, sadly, they cause. I want to reassure him: I have also been contacted by animal welfare charities and believe that clause 1(2) closes the loophole:
“A person who sets a glue trap in England in a manner which gives rise to a risk that a rodent will become caught in the glue trap commits an offence.”
I cannot think of a location where a trap could be set even if someone said they were setting it for parrots or for cats; I cannot think of an occasion when another animal could be in a place that could be guaranteed to be free of rodent access. For that reason I did not think that the amendments were necessary, but I appreciate the right hon. Gentleman’s efforts.
The other points the right hon. Gentleman raises in the amendments give me the chance again to plead with the Minister to make the licensing enforcement regime watertight. I share the concern that people given licences should have to prove a very high level of competence in the ability to dispatch quickly and humanely any animal stuck on a glue trap. I thank the right hon. Gentleman again for his contributions.
I hope I will be able to reassure the right hon. Member for Alyn and Deeside (Mark Tami), and indeed Muffin, Bobby and Mrs Skittles along the way.
I understand the concern expressed through the amendments on glue traps, as we do want to prevent other small vertebrate animals and indeed birds from falling victim to the traps. The Bill already addresses that in its current wording, however, so the amendments are unnecessary.
The Bill refers specifically to rodents as they are the primary target of glue traps, which are marketed with catching rodents in mind; however, it would not be a defence for a user to claim that a trap had been set to catch a vertebrate that was not a rodent. If a trap is set in a manner which gives rise to a risk that a rodent will become caught, that is an offence regardless of the intent. It does not matter what was the target or intended target of the trap; if a trap is set outdoors to catch another vertebrate animal, that in itself is an offence, so other vertebrate animals at risk from a glue trap would still be protected by this Bill. It is also important to note that it is already an offence under the Wildlife and Countryside Act 1981 to set a glue trap in any place where a wild bird could be caught.
Again, I understand the reasoning behind amendments 4 and 5, but the Bill already covers what they seek to address. They might also create difficulties for a future licensing regime. The Bill is drafted to allow a range of licences to be granted in order to ensure that the Secretary of State has the flexibility to grant the most suitable type of licence for the intended use or pest controller. The precise details of the licensing regime will only be worked out following extensive discussions with stakeholders, who will include pest controllers, animal welfare organisations and the licensing body. We do not want to prejudge the outcome of these discussions; however, whatever the form of licence granted, the Bill makes it explicit that licences can only be issued to pest controllers on an exceptional basis.
The Bill sets out clear limits on the Secretary of State’s power to grant licences to ensure that any licence can only be granted once the Secretary of State is satisfied that the licence is necessary to preserve public health or safety and there is no other satisfactory solution available to meet this purpose. It would not be appropriate further to restrict the type of licence that could be granted, as that might need to reflect a number of variables such as their intended use, the pest controller to whom the licence is to be granted, and the measures that can be taken to safeguard the welfare of any rodents or other animals that might be caught in a licensed glue trap.
Finally, I turn to amendment 6. Again, I fully understand what the right hon. Member for Alyn and Deeside is trying to get at in the amendment, but I think it is unnecessary, as it would not change the effect of clause 2 and his concerns will be addressed through the licensing regime. The amendment seeks to ensure that the definition of pest controller is worded to apply to a business that provides a pest control service. The current wording—
“a person…who, in the course of a business, provides a service which consists of, or involves, pest control”—
amounts to the same thing. I know that he is concerned that a restaurant owner could class themselves as a pest controller. However, we cannot see that a court would agree with that interpretation; indeed, no one would like to think of a restaurant business providing its customers with a service that included pest control.
I beg to move, That the Bill be now read the Third time.
I am delighted to present the Bill for its Third Reading. I thank all hon. Members who have supported it to this stage, as well as animal welfare groups and members of the public who have contacted me in support of it. The Bill has broad support. I should also like to take a moment to thank my hon. Friend the Member for Truro and Falmouth (Cherilyn Mackrory). Unfortunately, at the time of the Bill’s Second Reading, I was struck down by covid-19 and propped up on a sofa, so my hon. Friend very capably presented the Bill. Sadly, she cannot be here today for me to thank her in person, but it is good to put that on the record.
The Bill would ban the use of glue traps for catching rodents in all but the most exceptional circumstances. The important thing is that members of the public will no longer be able to use these traps. We heard distressing evidence while the Bill was being drawn up from people who had no idea that they would come down after setting a trap the night before to find a screaming, live, distressed rodent attached to a board in their kitchen in a small flat. They had no idea how to dispatch the animal humanely. They had no idea that they would have to deal with such a distressing situation. I received correspondence from people who urged others not even to consider using these traps because of the significant distress it had caused them to feel that they had to dispatch a suffering animal.
Glue traps cause immense suffering. The British Veterinary Association reports that trapped animals can suffer from
“torn skin, broken limbs and hair removal and die a slow and painful death from suffocation, starvation, exhaustion and even self-mutilation.”
Many other animals are caught on the traps, with over 200 incidents reported to the Royal Society for the Prevention of Cruelty to Animals over five years, involving cats, garden birds, hedgehogs, squirrels and even a parrot. The right hon. Member for Alyn and Deeside (Mark Tami) mentioned Miles the cat, who was stuck to four glue traps. He had a large infected wound where he had tried to free himself from the traps, and his back legs had been stuck together. The RSPCA took him to a hospital to try to save him, but sadly his injuries were too severe and he had to be euthanised.
It is therefore not surprising that a 2015 survey found that 68% of the public support banning glue traps. While the Bill applies only to England, I note that since I introduced it in June last year, the Welsh and Scottish Governments have announced their intention to ban glue traps. I send my thanks to Members of the Welsh Assembly and the Scottish Parliament for the work they are doing to move in step with this Bill in the name of animal welfare.
I would like to give some reassurance about the concerns raised on Second Reading by my hon. Friend the Member for Christchurch (Sir Christopher Chope)—he is not in his place today—that this is a rat protection Bill. It is not. There is no evidence to suggest issues in dealing with rodent infestations in Ireland and New Zealand, where such traps have been banned. There are so many other, better methods available. Effective rodent-proofing is the best solution and, when used with live capture and release traps, is the method that I would recommend. I used that method when I had a mouse visitor to my house in the past. There is no distress and no need to deal with a dead animal, which most members of the public do not have the stomach for at the best of times. Break-back traps are also available and, while they seem cruel, they do kill instantly in most cases, so they are much more humane than glue traps.
I have brought the Bill before the House because where we need to prevent rodent infestations, we have a duty kill animals in the most humane way possible, and that is at its core. It is right that glue traps will not be available for use by the general public.
I thank the hon. Member for his contribution, and I hope that we will have that education around their sale. Most hardware shops, where they used to be available, have already stopped selling them, but they are still available online. Hon. Members have asked why the Bill does not propose an outright ban on their sale. With devolved Administrations travelling at different speeds, that was not possible. However, he raises a valuable point. It is crucial to educate members of the public that these traps will no longer be legal, and I would like people who sell them—well, they should not be selling them—to advise that they should be used only by licensed pest controllers with a licence to use them.
I hope we can agree that the Bill will provide significant improvements to animal welfare standards. The Government have made real progress in animal welfare over the years, including on puppy smuggling and live animal exports, and I am proud to join the large number of MPs pushing for better animal welfare. At this point, I want to pay tribute to Sir David Amess. The last time I saw him, we discussed the Bill at an event for the Conservative Animal Welfare Foundation at our party conference where he was promoting Beatrice’s Bill: an end to hen caging. I hope that, at some point, we will fulfil his legacy by passing a Bill to that effect.
It has been a great honour to describe the Bill and I look forward to hearing hon. Members’ contributions. It is crucial that we end the use of these traps as quickly as possible. There will be a two-year period during which a licensing regime will be put in place, and I hope that that will ensure that licences are given only in exceptional circumstances. In New Zealand, fewer than a dozen are granted each year, and I hope that our use of them will reflect that figure.
It is a real pleasure to support my hon. Friend the Member for Wolverhampton North East (Jane Stevenson), who has done a terrific job in moving the Bill forward. I know the unfortunate circumstances around Second Reading, so I am delighted to see her in her place today and to support her.
There are a couple of particular points I would like to make. First and foremost, as a Welsh Member of Parliament, I thank her for paying attention to devolution, and for going further and working with parliamentarians from the other Parliaments to ensure we can move at the same speed. I ask the Minister, in pulling together the next steps, about the possibility of using legislative consent motions and the powers afforded to us by the UK Parliament, to ensure that, in terms of timing, we help the other places to move together, so we can get to the education points. It is worth reflecting, as the right hon. Member for Alyn and Deeside (Mark Tami) said, on the availability of glue traps in some DIY shops and, in particular, online. The BVA gave evidence that they were available for about 99 pence, so they are clearly still both cheap and available. We need to do much more to ensure that my Welsh constituency sees the benefits of the Bill.
I was quite taken by the evidence, mentioned by my hon. Friend the Member for Wolverhampton North East and the right hon. Member for Alyn and Deeside, not just about Miles the cat, but the other 200 pieces of evidence from the RSPCA about hedgehogs, wild birds and the unintended consequences of traps. I am heartened that the Government, in their usual way, are looking at licensing as a way to allow their use where all other options have been exhausted. From the evidence, we can see that the aviation sector has a particular problem. While we remove glue traps from as much of the United Kingdom as possible and as quickly as possible, I very much welcome that there will be a licensing regime for the removal of pests where absolutely necessary.
From the licensing regime and the authorised inspector, I want to draw my remarks to a conclusion by returning to where I started: pulling the measures together at the same pace. On most Bills I speak to, especially when they say, “England only”, I look over my border constituency and think how great and wonderful it is to be supporting my English colleagues in progressing them. However, we must do more as the United Kingdom. I reinforce the point about legislative consent motions in the Welsh and Scottish Parliaments to bring these measures together at pace and at the same time, especially bearing in mind the complete consensus on this issue across the Government and Opposition Benches, and, I should imagine, all Parliaments of the United Kingdom.
I wish my hon. Friend well—I am entirely jealous that she is managing to effect legislation at a far quicker pace than I seem to have to date—and I wish the Minister well in pulling together the devolved Parliaments.
I congratulate my hon. Friend the Member for Wolverhampton North East (Jane Stevenson) on bringing forward this important private Member’s Bill.
We often talk about the love we have for our pets and for animals more generally. I found it concerning that somebody had called the Bill a “rats protection Bill”. I grew up at a time when I was told by people who lived in the countryside and in the city, that we are never more than 10 feet away from a rat. That is quite horrifying. However, we must remember that rodents are one of the most successful mammals on the globe because they take advantage of human beings: the way we work and the disgraceful mess we sometimes create.Although there are important issues such as Weil’s disease—a terrible curse to anyone who contracts it—we should remember that as human beings we must respect animals and euthanise them, if need be to protect our own safety, in the quickest and most humane way that we can.
It never ceases to amaze me how barbaric human beings can be, and glue traps, I am afraid, are not selective. Someone may wish to catch a rat or a mouse, but my hon. Friend the Member for Wolverhampton North East eloquently described the distressing situation that follows. Rats and mice are highly intelligent creatures, and it must be the most horrendous death for them. Moreover, the UK, in particular the area around my Great Grimsby constituency, is vital for migrating birds; 90 million birds leave the Arctic every year, and the UK is an important area for them to live in. It would be terrible to think that the ongoing use of glue traps might cause the demise of even more of our important wildlife.
Rats in particular are very dangerous, so I welcome the clauses of the Bill that permit the Secretary of State to award licences for glue traps to those professionals who know what they are doing. There are, as we know, some instances where rats and mice, particularly rats, cause serious health protection problems. Environment officers and agencies are a vital part of our local authorities and local councils and ensure that we are protected.
I wholeheartedly thank my hon. Friend for introducing the Bill; it is an important and balanced Bill that ensures not only that we can protect ourselves and our health, but that we are not causing undue stress to other sentient beings. Anybody who has ever caught a rat or seen a rat when it is alive will know what intelligent animals they are. That is why we must ensure that we are not being unduly cruel.
I also stress to people that the best way to reduce rodent infestations is to ensure things are packed away correctly and foodstuffs are not left out—certainly not to throw their takeaway down the road out of the car, as I have seen on many occasions. Rodents are clever creatures and as soon as that food is out there, they will take advantage. If human beings would take a little more care in how we look after our world, we would not need to introduce Bills in this place to prevent people from doing barbaric things to rodents, even though we do need to control them at times.
I am delighted to support my colleague and constituency neighbour, my hon. Friend the Member for Wolverhampton North East (Jane Stevenson). As her neighbour, I share the same passion, although she is a great champion of animal rights and animal welfare across Wolverhampton and in many areas that she speaks in. In Wolverhampton, we want to see the right thing done for the whole community, so I welcome this Bill and the Government’s support for it.
When people find out I am an MP, family, friends and many constituents will tell me great ideas for Bills that I could introduce. Normally they are very well-meaning; I get everything from jumping on a trampoline to cure covid to other things—
That is a genuine one I have had. However, when I think of it, it is very hard to bring forward something meaningful that will get the support of the House and change legislation. We have seen my hon. Friend the Member for Romford (Andrew Rosindell) and now my hon. Friend the Member for Wolverhampton North East introduce two great Bills.
As we have heard, the point of this Bill is to ban the use of glue traps to catch rodents in all but the most exceptional circumstances. That is a fair and proportionate policy, which is in line with the Government’s own world-leading action plan for animal welfare. The action plan has already introduced a series of reforms providing further protection for the welfare of animals, whether they are on the farm, at home or in the wild. It is also committed to restricting the use of glue traps as a means of pest control; as has already been mentioned today, there are more humane ways of removing rodents from our buildings.
The manifesto on which I was proudly elected states
“High standards of animal welfare are one of the hallmarks of a civilised society. We have a long tradition of protecting animals in this country, often many years before others follow.”
Glue traps are inhumane tools which go against that theme. They cause great suffering and painful deaths to animals. Their use is cruel. Animals can remain alive for 24 hours after capture, and my hon. Friend the Member for Wolverhampton North East gave some examples of the unintended consequences involving pets and wildlife.
I agree with my hon. Friend that we have a responsibility to use the most humane methods in order to prevent unnecessary suffering. Levelling up animal welfare standards ought to be a top priority for all levels of Government, and also—as we heard from one of my Welsh colleagues, my hon. Friend the Member for Montgomeryshire (Craig Williams)—for the devolved Administrations. I hope that news about the great progress that is being achieved through this Bill will travel far and wide, and will feature prominently in Ministers’ conversations with devolved Administrations.
As we know, however, glue traps are not the only things that animals can find themselves caught up in. Since the introduction of the plastic bag charge, the Government have successfully prevented billions of plastic bags from being sold and ending up in oceans and the environment where they have the potential to harm animals. I am a keen advocate for a safer, cleaner Wolverhampton, and, as my hon. Friend will know, I regularly run “Stuart’s street clean”. In the centre of a huge, built-up area is a beautiful place called Smestow Valley. If you walk down there from Cupcake Lane, you could be in any nature reserve in a country area rather than in the middle of a built-up urban area, and you would absolutely love it. I recently went on a litter pick there, and Members will be pleased to hear that the number of plastic bags has been reduced as a result. The wildlife in the valley is amazing, and it is a great pleasure to walk or run along it, perhaps with the family. Many dog walkers enjoy doing that.
I thank my hon. Friend for his regular litter picks, which have become somewhat legendary in my home city. Does he agree that in an urban, industrial centre such as Wolverhampton we need to enjoy what nature we do have? Given that Smestow Valley and the canal network that spreads into my constituency—the canals around Wednesfield—are such a haven for wildlife, should we not do all that we can to protect them?
I do agree with my hon. Friend. It is such a beautiful area, and we must indeed do everything possible to ensure that it is preserved. We have many beautiful parks as well. I know that this is not meant to be a Wolverhamptonfest, but it would be remiss of me not to mention, for instance, West Park and Bantock Park.
As I have said, I was proud to be elected on a manifesto which pledged to raise standards in areas such as animal welfare and the environment, and that is why I am delighted to support my neighbour’s Bill.
I believe it was my hon. Friend the Member for Christchurch (Sir Christopher Chope) who, in an earlier debate on the Bill, described it as a rat protection Bill. Were it to be one, I would certainly not be supporting it. I grew up in an old farmhouse; some of my most profound memories of childhood involve rodents, and not in a particularly positive way. I remember lying in bed as a small child in that seemingly interminable period between being put down and actually falling asleep and hearing the scurrying of the mice—I hope they were mice, but we were never sure whether the mice or the rats had the upper hand at any one time. They would go up the wall and I would hear them pitter patter across the ceiling. I was used to it from an early age, so it became rather soothing after a while, which seems odd in retrospect.
We had a mouse in our kitchen for a period that became very bold. They are normally nocturnal, but one lived behind the gap where there should have been a dishwasher. It took to coming out into the kitchen while we were having our breakfast and would wander across the floor. It was rather sweet so we did not take effective action for a week or two, but I am sorry to say that my mother eventually decided that hygiene was the better part of that relationship. I am sure that she did not use a glue trap but an effective means was found to say goodbye.
I mentioned the contest between the ascendancy of the mice and the ascendency of the rats. It may be an urban myth but I have always assumed that there is only ever one kind in the house—mice or rats. I stand to be corrected on that. I remember that, when my brother was on a rat hunt in the larder with a baseball bat, he effected a clean hit on a moving target, which gave him enormous status, certainly in my eyes—I have looked up to him ever since.
My hon. Friend is telling us a beautiful story of growing up in the countryside, about which I would like to read more in his future memoirs. I may have a sleepless night tonight though because “The Ascendency of the Rats” sounds like a new horror film. I am concerned that perhaps we should look at banning baseball bats with regard to rodents as well.
I thank, I think, my hon. Friend for her intervention. One thing to be said for baseball bats as a method of controlling rodents is that, although they may not be very effective, and people rarely make contact, when they do, they are decisive.
I reminisce because we need to control rats and rodents, but we share this world. Growing up with the kind of childhood that I had, I instinctively understood how much we share this world with wildlife and I benefited enormously from that. When we need to control animals, therefore, particularly sophisticated animals such as mice and rats, we need to do that quickly and humanely, so I support the Bill almost in its entirety.
I run the risk of sounding a bit like a lawyer this morning, because I made a rather tedious intervention on the previous Bill and I am afraid I will do so again. I made the point on Second Reading, and was punished by being put on the Committee as well, where I took the opportunity to make the same point, for which I received cross-party support and agreement, that there is an issue in clause 1(5) that needs to be addressed.
The Bill has the effect of outlawing the laying of glue traps, but not entirely. It is still perfectly legal for licensed operators to lay glue traps in certain circumstances. Clause 1(4) says:
“A person who knowingly causes or permits an offence to be committed under subsection (1) or (2) commits an offence.”
That has in mind people who perhaps pay someone else to lay a glue trap on their behalf. Clause 1(5) says,
“A person commits an offence if the person—
(a) finds a glue trap in England that has been set in a manner which gives rise to a risk that a rodent will become caught in the glue trap, and
(b) without reasonable excuse, fails to ensure that the glue trap no longer gives rise to such a risk.”
This subsection relates to the passer-by. It is in that context that I have significant concerns about the current drafting, because a bystander will need to know the legal requirements for the setting of a glue trap.
A perfectly innocent bystander or passer-by who sees a glue trap in any situation will have to identify, first, that it is illegal, and then whether it is a licensed glue trap. Either it will put the passer-by at risk of committing an offence or it will be a terrible nuisance to licensed operators who legally lay glue traps for which there is a specific need, as passers-by will throw themselves upon the glue traps to disable them. I am concerned that the drafting still does not take account of this genuine concern.
I thank my hon. Friend for enduring the ordeal of serving on the Public Bill Committee, to which he made a valuable contribution. I understand his concern about these measures, but it is crucial that we close the loopholes. I do not think a member of the public could be expected to know, and it would be a reasonable excuse, because a glue trap is essentially a piece of cardboard that is not recognisable as being very harmful, but a pub landlord might ask a pest controller to put them down, and he would be liable. He could not claim, “It wasn’t me, so I cannot be prosecuted.”
Actually, my hon. Friend’s example would be caught be clause 1(4).
I am also concerned about clause 1(5)(b), because it has the seeming effect of reversing the burden of proof. The defendant, the innocent passer-by, has to prove that they had a reasonable excuse. I would be grateful if the Minister addressed that point to reassure me and other hon. Members that we will not inadvertently create unintended consequences while continuing to support what is, without doubt, a very useful and much-needed amendment to our legislation.
I pay tribute to my hon. Friend the Member for Wolverhampton North East (Jane Stevenson) for introducing the Bill. I congratulate her on the constructive and positive discourse and cross-party dialogue she has engaged in and facilitated on this Bill.
As has already been much laboured today, glue traps are a barbaric and gruesome form of pest control that have the potential to cause immense, unnecessary and sustained suffering to the animals they catch.
We are talking about glue traps being a danger to animals. Can my hon. Friend think of circumstances where they could be a danger to babies and small children?
I can only imagine. We heard the story of a cat that lost its life to these glue traps, so they are a huge danger and a huge hazard.
This Bill will be a fantastic addition to the Government’s efforts to ensure that we maintain the highest animal welfare standards in the world. Although I am a fan of Roland Rat, Remy and Mickey Mouse, I fully appreciate that rodents are a real and significant health issue for businesses, restaurants and homes across the country. I was stunned to learn how many babies the common brown rat can produce in a year. Without proper action, rodents can and do pose a dangerous threat to humans, damaging property and spreading very serious disease.
Although few would argue with the need for pest control, I am sure that nobody would accept that it should be less humane than necessary. We are all aware that the end result of many traps aimed at dealing with pests will often involve death, but we should strive to ensure that that is as quick and painless as possible. Few people, if any, would accept that a slower and more painful death for whichever animal gets stuck to a trap justifies any sort of cost or convenience benefit.
I draw the House’s attention to a British Veterinary Association report that pointed out that trapped animals can suffer from torn skin and broken limbs and die a brutal, slow and painful death, often from suffocation, starvation, exhaustion and even self-mutilation. I find that barbarity hard to reconcile, and on researching the traps I was disgusted to see their impact on rodents and other unintended victims. Apart from the fact that glue traps cause unnecessary harm to the rodents that we actually want to deal with, as others have said they also represent a real danger to other animals, creatures and birds. The RSPCA has noted that over five years it has had 200 reports of incidents involving cats, birds, hedgehogs and squirrels that have all suffered horrific and unnecessary injuries.
I do not believe that restricting the use of glue traps will harm our ability to deal with rodents, and I note, as others have, that both the Republic of Ireland and New Zealand have restricted the use of the traps with no significant detriment to pest control. I recognise that this is a devolved issue and ask that we continue to liaise with the devolved Administrations in the United Kingdom to try to secure some parity and co-operation in tackling the traps. I congratulate my animal-loving hon. Friend the Member for Wolverhampton North East on the progress of the Bill and look forward to seeing an end to the use of these barbaric devices, which cause so much unnecessary harm and suffering.
Order. May I gently point out that if Members want to catch my eye to speak, it is quite useful to stand and indicate it from the beginning? I recognise that people might be suddenly inspired to speak at the last moment, but even if colleagues have put in to speak it does not mean that they necessarily want to, so it is quite useful if people indicate that wish. I almost went straight to the shadow Minister, so those who have started bobbing now might have been missed out.
I was relatively inspired by my hon. Friend the Member for Stockton South (Matt Vickers), Madam Deputy Speaker, and would like to share my brief experience with rats.
As has been mentioned, rodents are not necessarily the most popular thing. There is the worry of disease, and of course in this very House, in many of the corridors leading towards our offices, we see many and various traps lying around. One job I am given where I live is to put various bits of poison down, as we had a little bit of a problem once upon a time. One morning, I opened the front door and we had been left a surprise gift at the front of the house of a particularly large rat. It did not appear to have any life signs and I was subsequently tasked with removing it with a bag and sending it away. My son ran behind me to see what was happening and I had to use my diplomacy skills to say that the mouse, as I called it, was just sleeping, at which he informed me, “No, Daddy, it’s dead.” Thanks to his greater knowledge, I disposed of the rat and of course we used poison.
I must say that I was incredibly ignorant of the concept of glue traps. I had never heard of them before, so my hon. Friend the Member for Wolverhampton North East (Jane Stevenson) introduced me to the concept. When I googled them and clicked on the images, I was genuinely shocked to see these traps that can be purchased for as little as 99p. The images were not of rodents, but of hedgehogs and birds. We saw some quite nasty things.
Although we want to tackle the problem of rodents, there are better ways of doing it. The Bill is a sensible and humane way forward, so I commend it to the House and thank you, Madam Deputy Speaker, for giving me the opportunity to follow the inspiring speech made by my hon. Friend the Member for Stockton South.
This is another Bill that will make it through the House this morning and on to the other place. It appears that Friday is the new Wednesday in this House when it comes to productivity and excitement.
I am grateful for the opportunity to speak from the Labour Benches in support of this Bill on Third Reading. I should say that it is good to see the Minister in her place. I feel as if I have seen more this week of her, her fellow Minister the hon. Member for Bury St Edmunds (Jo Churchill) and the hon. Member for North Devon (Selaine Saxby) than I have of my husband, my children and my cat. I suspect the same goes for the Minister, too.
I congratulate the hon. Member for Wolverhampton North East (Jane Stevenson) on raising this important issue and on the constructive way in which she has worked with colleagues on the Opposition Benches. I gently say to the hon. Members for Montgomeryshire (Craig Williams), for Wolverhampton South West (Stuart Anderson) and for Stockton South (Matt Vickers) that devolution is alive and well and working throughout the UK. The Senedd and the Scottish Parliament will work to achieve the same aims in their own way in their respective countries. I gently ask them to remember that when they talk about UK-wide legislation.
I am sure that the hon. Lady will have noted that I talked about legislative consent motions. I not only understand devolution and welcome devolution, but pay due reference and respect to devolution by asking for the Administrations’ consent. I gently push back and say to her that I was being quite pro-devolution.
I thank the hon. Member for his intervention. Of course I take it that you were respectfully in support of devolution, which is a lovely thing—thank you very much.
Sorry, I thank the hon. Member. I do apologise, Madam Deputy Speaker.
As the Bill now prepares to move to the other place, it is important to note that the banning of glue traps is supported by a range of campaigners, stakeholders and organisations. That support stands today and extends, as it has previous, to those on the Opposition Benches. I feel sure that my friend Baroness Jones of Whitchurch is raring to pick up this Bill and the points around enforcement, scope and language as their lordships consider the Bill. The Opposition did not table any amendments and will not seek to push to a vote, but I do want to acknowledge the comments and campaigning prowess of my fellow countryman, my right hon. Friend the Member for Alyn and Deeside (Mark Tami). He is right to have raised his important points, and I thank him for his care and interest in these issues.
We wish the Bill well as it travels out of this House, and look forward to the devolved Governments working together to deliver real action, not just hot air. As the shadow Minister for air quality, may I say that all measures to tackle hot air are to be welcomed.
I wish to acknowledge all those involved in the Bill and in ensuring its safe passage. I should say to the hon. Member for Wolverhampton North East that this shows what a Member of this House can do with the support of the Leader of the House and the Government. I asked her for tips on success when the Bill Committee was in session. I think the simple answer for those on the Labour Benches is to ensure that a Labour Government is elected, although I do not expect the Minister to welcome that, but we can always live in hope.
I thank the hon. Members for Orpington (Gareth Bacon) and for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), my hon. Friend the Member for Rotherham (Sarah Champion), the hon. Members for Westmorland and Lonsdale (Tim Farron), for Broadland (Jerome Mayhew), for South West Hertfordshire (Mr Mohindra), for Hartlepool (Jill Mortimer), for West Bromwich East (Nicola Richards), for Romford (Andrew Rosindell), Stockton South (Matt Vickers) and for North Devon, my very experienced and knowledgeable hon. Friend the Member for Bristol East (Kerry McCarthy) and my right hon. Friend the Member for Alyn and Deeside. I give a special thanks to all their staff for their assistance, hard work and commitment. The same, of course, applies to the staff of this House, including the Clerks and the Library staff.
The hon. Member for Wolverhampton North East knows that we on the Labour Benches think that she has done many animals a great service by bringing this Bill to the House. Like her, I also acknowledge the hon. Member for Truro and Falmouth (Cherilyn Mackrory), who so ably stepped in previously, and I thank her for doing so.
I look forward to seeing the Bill’s progress in the other place and wish it, on behalf of these Benches, very well indeed.
Before I call the Minister, may I just mention that the word “you” has been used quite a lot to address Members directly? Let me remind everybody that, when they say “you”, they mean me. Fortunately, this morning, it means that I have had an awful lot of praise—inadvertently. This is just a reminder, because I know that it is sometimes tempting in these Friday sittings to address each other directly, so please beware.
I am extremely grateful to my hon. Friend the Member for Wolverhampton North East (Jane Stevenson) for her tremendous work in introducing this Bill and for navigating it to this stage. It has been a real pleasure to work with her.
We have heard some excellent speeches this morning. First, my hon. Friend the Member for Montgomeryshire (Craig Williams) made the valid point that there are still some sectors in which it may be necessary to continue to use glue traps. One he suggested is the aviation sector, and if there is an area where a mouse or a rat is causing trouble—particularly in gnawing through wiring, for example—and the layout of the area means it is impossible to get in another type of trap to catch the animal, a glue trap might be appropriate. That is why we have left the licensing provisions in the Bill.
My hon. Friend the Member for Great Grimsby (Lia Nici), who normally talks to me a great deal about fish processing, reminded us—I am not sure that we were grateful—how close we are to a rat, probably at this very moment. She also talked about how intelligent they are.
My hon. Friend the Member for Wolverhampton South West (Stuart Anderson) made valid points about how people are working together in Wolverhampton to make animal welfare better across the sphere. He also made the valid point that litter picking is definitely part of the answer to troublesome rodents.
My hon. Friend the Member for Broadland (Jerome Mayhew), who was soothed to sleep by rodents as a child, discussed the truly horrific event—I am not surprised it is seared on his memory—of his brother killing a rat. However, he also made some serious points, which I will address. The offence in clause 1(5) covers a situation in which a person fails to remove a trap set by somebody else. It is really aimed at people, for example, in house purchasing, such as the new owner of a property. The concept of reasonable excuse, as he knows very well, is widely used in criminal legislation. It does not seek to impose the burden of proof on the defendant. If the defence of reasonable excuse were raised, it would be for the prosecution to prove beyond reasonable doubt that the defendant did not have a reasonable excuse. Reasonable excuses would certainly include trespass and the tort of interfering with somebody’s property. I am sorry, Madam Deputy Speaker, but occasionally I cannot help behaving like a lawyer.
My hon. Friend the Member for Stockton South (Matt Vickers) talked seriously about the effects of slow death on animals. My hon. Friend the Member for Bassetlaw (Brendan Clarke-Smith) was also keen to share his experiences of rats, and he was right to draw attention to the large variety of traps available in this very building.
I agree with the hon. Member for Newport West (Ruth Jones) that I have seen considerably more of her this week than I have of my family. It is, as ever, good to have her support on this Bill.
If I may, I would like to say a little about the rodents for which glue traps are currently marketed. I think it has been accepted across the House that we do need to control rodents, but in our nation of animal lovers, it is important that we do so as humanely as possible. We think the house mouse arrived in Britain in the iron age. Archaeological evidence indicates that they were present in large numbers by Roman times. The Mammal Society suggests that the availability of food and habitat for mice, and in turn their population, will have reduced—and I, for one, think that is good news—since the 1960s owing to changes in housing construction, the way we keep food, such as in sealed containers, and indeed developments in agriculture, including more secure grain storage. It is true to say that mice can breed prodigiously. In man-made environments where there is a good supply of food, litters of between five and eight baby mice can be born at roughly monthly intervals. Although house mice can be found out in the countryside, they are poor competitors with other rodents, particularly wood mice. The house mouse is very happy to live side by side with humans, and its movement patterns and current widespread distribution are really because of its ability to adapt to us.
The brown rat is a very adaptable species. They are mainly nocturnal animals, and being able to climb and swim allows them to exploit a wide range of resources. They prefer habitats with dense cover and, of course, an abundance of food: they will eat just about anything. They are prevalent in rural farm buildings, but also occur in other rural habitats, most notably the river environment as we all know from children’s literature. Densities vary dramatically before and after harvest. Substantial populations, such as the ones we have largely heard about today, also exist in urban areas, where they frequent sewers and other areas where food waste is available. They also live in buildings, and in many coastal habitats, especially salt marshes and grasslands.
It comes as a surprise to many people to learn that brown rats have only been in this country for around 300 years. They seem to have been introduced to the British Isles as a species in around 1720. Their forerunner, the black rat, has a longer history and, rightly or wrongly, is associated with outbreaks of plague. It is not a native mammal to these islands either. The brown rat has subsequently spread throughout the British Isles and indeed much of the world, often carried in ships. Reproduction is observed all year round, females can begin to breed at three to four months old, and they typically have five litters of between six and 11 baby rats a year.
If I may, I will suggest a few alternatives to the use of a baseball bat, which is not recommended by the Government, as a means for trapping house mice and brown rats. They can certainly both be viewed as pests. That has led to humans persecuting rather than conserving them, often through the use of traps. It is likely that people have trapped mice for as long as people have had houses. The word “mousetrap” dates from at least 1475, and reference to “a mousetrap” is made in “Hamlet”. The world’s first produced mousetraps seem to have appeared in the late 19th century. While arguments rage as to who invented it, candidates include a British ironmonger, Mr Atkinson, who in 1897 designed the “little nipper”, which is still the basis of one of the widely used break-back traps today. A wide selection of foodstuffs can be used to catch mice. My husband favours peanut butter, and I am surprised we have not heard more from hon. Members about their preferences for use in break-back traps.
There is a live and wide debate about who was the first to develop the first lethal mousetrap with a spring-loaded cast iron jaw. Various American lay claim to doing so. It is notable that many patents are filed for new mousetraps every year. The Government fully support innovation in this field and the development of more humane means of trapping rodents, which can only be welcomed by us all in this House.
I, too, would like to express my gratitude to animal welfare organisation who have helped with the Bill. Although the scope of the Bill is narrow, it is a vital addition to our animal welfare legislation. We have heard about the suffering the traps can cause and it is therefore right to ban their use in all but the most exceptional circumstances. We look forward to working closely with animal welfare groups and pest control organisations to ensure that the licensing regime is appropriate and effective. I also warmly welcome the positive news that, since the Bill was introduced last year, the Governments in Scotland and Wales have both made announcements of plans to introduce similar legislation. We will wait to see how those develop, but aligning legislation to ensure an effective ban across Britain would seem desirable.
I offer my thanks again to my hon. Friend the Member for Wolverhampton North East for introducing the Bill and to all hon. Members who have contributed today and in previous stages. I am pleased to reiterate the Government’s support for the Bill and wish it well in its progress.
With the leave of the House, I would like to take a few moments to thank everyone for their interesting and sometimes disturbing contributions to today’s debate, including my hon. Friends the Members for Montgomeryshire (Craig Williams), for Bassetlaw (Brendan Clarke-Smith), for Wolverhampton South West (Stuart Anderson), for Great Grimsby (Lia Nici) and for Stockton South (Matt Vickers). I would also like to thank Members who supported the Bill in Committee and its earlier stages.
I could not close without thanking all the animal charities. We had several online roundtables throughout this process. There are too many to mention, but the Humane Society, the RSPCA, the UK Centre for Animal Law, Cats Protection, People for the Ethical Treatment of Animals and the Conservative Animal Welfare Foundation are among them. I again thank the Minister for her reassurance that they will be involved in the licensing regime to make sure that humane options that they have suggested, such as pressure pads or maximum time limits, are looked at.
We had a discussion about this issue, and it is something I am concerned about with animal welfare. There has been lots of discussion about what happens when a rodent or any animal is caught on a glue trap. Often, that animal will be in distress and probably take at least 24 hours to die. I notice in the Bill that it does not stipulate anywhere for a professional pest control organisation or person to act. Could they just lay a glue trap and it be there for a very long time and we would still be in the same situation with inhumane death, or is there something else that we would expect to see?
I reassure my hon. Friend that very strong representations have been made to the Minister, and I do not think her arm needs twisting too hard on this issue. I would like to see pressure pads used with glue traps, because it will be rare that they are used, and the placement of a pressure pad underneath a glue trap could alert a licensed pest controller almost immediately to an animal. I hope that any licences granted would have a responsibility to attend that animal in a very short timeframe. It is an important point, and I thank my hon. Friend for raising it.
I also thank the team at DEFRA, who have been fantastic in helping to draft the Bill. I thank the people in my office, who are all sitting in Wolverhampton, cheering the Bill on today. I also thank the dynamic duo on the Opposition Benches, the hon. Member for Newport West (Ruth Jones) and the right hon. Member for Alyn and Deeside (Mark Tami). Both are such heroes for animal welfare, and it is a great pleasure to see their commitment to getting animal welfare legislation through and working so co-operatively and sensibly on this Bill.
Finally, I thank the Ministers, my hon. Friend the Member for Bury St Edmunds (Jo Churchill) and my hon. Friend the Member for Banbury (Victoria Prentis), who I thank for her rat reproduction and history lesson today. I had absolutely no idea that the first mousetrap was invented in 1475, which is absolutely fascinating.
Briefly, when I look back into my family history I see that one of the great industries of Wolverhampton in the 18th and 19th century was making animal traps, and that my Mattox ancestors were vermin trap makers in Wednesfield in Wolverhampton, so perhaps my bringing this Bill before the House is a sort of atonement on a descendants’ basis. I had not thought of it until the Minister raised the historical context of our trapping rodents. I am a lifelong animal lover, and I had pet gerbils as a child—we have heard about a lot of pets today—but I was not disturbed by rodents in my bedroom running around and keeping me awake. I greatly enjoyed keeping gerbils, and I have great fondness for rodents, who are very intelligent animals.
With all my thank yous wound up, I thank you, Madam Deputy Speaker, for indulging me in with a few moments at the end of the debate. I look forward to seeing the Bill progress. Another thank you goes to Baroness Foulkes, who will hopefully introduce the Bill in the House of Lords next week.
Question put and agreed to.
Bill accordingly read the Third time and passed.
(2 years, 10 months ago)
Lords Chamber(2 years, 8 months ago)
Lords ChamberMy Lords, I pay tribute to my honourable friend in the House of Commons, Jane Stevenson, who ably took the Bill through all its stages in that House. Without her valiant efforts, I would not be standing here today to introduce this Bill—so my warm thanks go to her and the colleagues who supported her. Before I forget, I declare my interests in the register relating to animal welfare.
I am extremely proud to take this Bill through the House, as it will end a great deal of animal suffering. Let me sketch in the background. Glue traps are widely available and cheaply sold online and in various stores and shops. They are small boards covered by a non-drying glue. They are usually set down on the floor or on some horizontal surface. Any animal that gets on to them is then immediately trapped by its feet or paws. This can lead to horrific injuries and suffering. In a panic, the animal may try to tear itself away, maybe tearing its skin or fur. It will certainly suffer from exhaustion and hunger, if it is not found immediately, and could have a slow, lingering death. That is torture in my language, and no animal, whether regarded as a pest or not, should have to suffer such an inhumane way of dying.
It is not only rodents, for which these traps are intended, that are caught. The RSPCA says, horrifyingly, that over the last five years it has found over 200 animals caught, including an unfortunate cat, many birds and a hedgehog, which is endangered. This is a truly horrifying spectacle.
It is made worse because many members of the public, rather than professional pest controllers, apparently panic when they see an animal caught and then commit the ghastly second torture of either throwing it away or drowning it. That is quite horrible to contemplate. There are plenty of other ways of dealing with this. The gold standard, of course, is to rodent-proof buildings. Failing that, there are traps that will catch the creatures alive, so they can be dispatched humanely, or there are what are usually called snap-traps, which immediately cause the death of the animal. That may be rather sudden but that is all to the good. There is no case for the general use of these inhumane traps.
Every animal welfare organisation I know of deplores them, so does the veterinary profession. Yesterday, I had an encouraging conversation with the noble Lord, Lord Trees, who is one of the most eminent veterinary surgeons in the country. He warmly endorses this Bill, and is sorry that he could not be here to offer his commendations in person.
I turn to the terms of the Bill. Clauses 1, 2 and 10 are the key parts, and I will concentrate my attention on them, since I must not try the patience of the House too much with a lengthy speech.
Clause 1 makes it an offence for a person to set a glue trap if the intention is to kill rodents or if they know it could kill a rodent. It would be an offence for a person to allow or permit someone else to set the trap. In addition, if a person passing sees such a trap and does nothing whatever about it, this is also an offence. Some people have suggested that this could be unfair on the innocent passer-by, but there is a useful addition: it has to be without reasonable cause. A passer-by who would not even recognise a glue trap if they saw one would be quite safe, so there is no real problem there.
Another point that has been put to me is why this is confined to rodents and not all vertebrates. My understanding from the officials is that they could come under this Bill anyway. In any case, as was discussed as part of the previous Bill, the Animal Welfare Act 2006 made it an offence to allow an animal to suffer unnecessarily, which includes an animal that has been trapped, as it would then be under a person’s responsibility or control. I am reasonably happy about that.
The only exception to all these persons who commit an offence is a pest controller with a licence to do so. That brings me to the second important clause, Clause 2, which institutes a licensing regime. Given what I have just said, people may ask why on earth we would want a licensing scheme to permit these traps to be set. In fact, the Bill is tightly drawn: the Secretary of State may grant a licence only to preserve public health and safety and, importantly, if there is no other satisfactory solution.
It may perhaps be helpful if I give one or two examples. Rodents may have gnawed through the wiring in a hospital or power station where there is an imminent worry about danger to human life or health or danger from fire. The other possibility is if an aircraft is in flight, or even taking off or landing, and an animal is found. These traps are useful, in that they are simple and can be tucked into places where perhaps another trap could not.
Interestingly, New Zealand, which we have sometimes looked to for examples, instituted an Act that forbade all glue traps, but had to roll that back a little to allow it in particular circumstances—the kind of circumstances that I have described. Happily, though, I gather that there are very few of these that now take place in New Zealand.
The Secretary of State can attach all manner of conditions to the issue of a licence. It could be for a single person or a group of persons, and the licence can be revoked; a great deal of power rests with the Secretary of State to have a solid and clear-cut set of conditions. Regulations made under the Bill—or Act, if it reaches the statute book—will be via statutory instrument with the negative procedure in place.
I have to declare that, as a former chairman of the Delegated Powers and Regulatory Reform Committee, I am always very wary of regulations that give Ministers power, now and in the indefinite future, to do whatever they wish by regulation. I would have preferred if it had been possible—it was not possible for me—to ask that draft regulations and a draft licence should be here for us to look at, so that we had a much better idea of precisely what would be covered. For example, I would want to see a regulation stating very clearly that the traps had to be inspected every hour or two hours, so that they were not left for a long time, which is one of the horrors of the regime as it currently stands. However, I am in the hands of my noble friend the Minister as to what he may be able to tell us in response. The Bill has government support, so I live in hope.
The final clause, Clause 10, is also of some importance. It applies only really to England because the devolved Administrations have the power to work on this issue themselves. My understanding is that the devolved Administrations are very likely to have Bills very similar to this one, or may already have them, and I hope that is the case.
The other part of Clause 10 relates to the time when the Bill, if it became law, would be implemented. The Secretary of State has the power to decide the day on which it should be implemented, and it could be that different parts of the Bill were implemented on different days. My understanding, from discussions with officials and from the Explanatory Memorandum that the Government produced, is that they have in mind about two years. I have to say that that is a disappointment to me. I understand that those who produce these traps have to change their ways of doing business and that a licensing system needs to be set up, but I still think that the two years that has been suggested is far too long; I would like to see a much shorter time span. That said, I believe the Bill is three-quarters of the way to where I want it to be, and I very much hope that it will receive a fair wind through this House.
I must add by way of warning that, if anyone seeks to amend the Bill, it will have to return to the House of Commons and the Bill will then be lost. I issue that as a final warning. I hope very much that it will be sufficiently good to win the acceptance of this House and will soon pass on to the statute book. I beg to move.
My Lords, having taken up rather a large amount of time on the previous Bill, it is only for me to say that I fully support my noble friend Lady Fookes, a well-known and long-standing champion of animal rights; that I congratulate the Government, since, being psychic, I think that they like this one—and that, without submitting to the danger, as we heard in considering the previous Bill, of becoming unnecessary, I shall sit down.
My Lords, it is always a great pleasure to follow my noble friend Lord Randall—particularly when he is so brief. It is also a great pleasure to follow my noble friend Lady Fookes, who is well known for her commitment to animal welfare and who set out the case with admirable clarity for why this measure is needed.
Obviously, I speak in favour of this Bill. I also pay tribute to Jane Stevenson in the other place for the work she has done on it and thank the Government and the Minister for facilitating this very sensible and positive measure. It deals with unspeakable and unnecessary cruelty to primarily rodents, as we have heard, but it also applies to hedgehogs, robins, birds, pets—to all animals that are caught in these dreadful traps and then die of hunger, dehydration, exposure and suffocation, often clawing through their own limbs to get free.
The RSPCA has done considerable work in this area, and also deserves praise. Although this is not the primary reason for the legislation, it is worth saying that these traps can pose a considerable danger to human health, because the animals defecate and urinate once they are caught. It is also worth saying that public opinion, unsurprisingly, is very strongly in favour of legislation in this area. We should not lose sight of that.
We have heard about the experience of New Zealand; Ireland has acted in a similar way. I am not sure whether Ireland has the exceptional circumstances exemption that New Zealand has, but there is no evidence of a particular hazard from rodents—from pests—because of their acting in the way we are looking at here. Can the Minister tell us whether Ireland has a similar exceptional circumstances exemption to New Zealand’s, and as is proposed here? I can see the case that has been made by my noble friend for such an exemption, but it must be as narrowly drawn as it is because of the cruelty involved. May I also ask the Minister about the devolved Administrations? I gather that Scotland and Wales are progressing similar legislation, but I am not sure whether that is true of Northern Ireland. It would be strange if they were the only authority within the UK and Ireland that is not acting, and it would be good to hear about that.
Upon going online, it is obvious that it is very easy to purchase these things through Amazon, for example. Enter “glue traps” and up pops a plethora of places where you can order them. If we legislate as is proposed here—and I hope we do—outlets that offer these things would, I think, be caught and it would be illegal to do so unless they are offered expressly to those with a licence, proof of which would be required. The Minister may wish to comment on this. I appreciate that he might not want to be too specific about the legislative position, but it seems to me that these people are aiding and abetting the commission of an offence if they are offering these things for sale to members of the public, even if they are operating outside the jurisdiction. If they are sending these things to people in the UK, it seems to me that they are knowingly causing or permitting an offence to be committed, but it would be good to have that confirmed, if possible.
Like my noble friend Lady Fookes, I think two years is far too long to wait; we should be able to act much more quickly than that. I cannot see why it should take so long, but that said, we clearly need to have publicity and education about the measure, particularly on the impact on people who are offering glue traps for sale. What is going to be done in that regard?
That said, this is an extremely sensible measure. I am sure it will be evident that there is widespread support within the House for it, just as there is among the public. It would be really good if we could progress it very quickly. I strongly support of the Bill.
My Lords, I rise with pleasure to support the Bill introduced by the noble Baroness, Lady Fookes, and to commend her on her clear and thoughtful introduction. As she said, the practical reality of animal population dynamics is that if you kill or remove animals in a situation where there is a food source and access, populations will breed very quickly to replace them, and the only real long-term solution is to make the structure in question rodent-proof, and that should be the ultimate long-term solution.
I shall be quite restrained in pointing out that we are not hearing the phrase “world-leading” here because, as other noble Lords have said, New Zealand, Ireland and various Australian states and territories have already brought in such a ban on glue traps. I note the point made by the noble Lord, Lord Bourne, about the US Centers for Disease Control and Prevention highlighting the health dangers of these traps as they are a way to spread disease.
Several noble Lords have commented on how broadly available these things are. Prices start from 99p, and they are undoubtedly being bought and put in utterly inappropriate places by people who really do not understand what they are doing, so I agree with noble Lords who have said that two years is far too long for this legislation to come into effect. I cannot see why six months would not be a perfectly reasonable timeframe.
It has been said before, but we have to think about what, according to the British Veterinary Association, we are talking about: animals suffering torn skin, broken limbs, hair removal and a slow and painful death from suffocation, starvation, exhaustion and even self-mutilation. It is horrific that this has been allowed to go on for so long, but we are at least taking a step forward here.
Like the noble Lord, Lord Bourne, I am also concerned that this legislation talks just about setting the traps. As far as I can see, it does not say anything about selling them, so it does not appear to ban that. I am interested in the noble Lord’s interpretation that selling would be aiding and abetting. I wonder how much prosecution of small sellers through online marketplaces we might be likely to see, and to what extent that might be regarded as a police priority in these circumstances. I would like to see this Bill ban sale as well as placement.
Like others, I have concerns about Clause 2 and the potential loophole it creates of registered use. Humane Society International has noted the unregulated nature of the pest control industry and the concern that a large loophole might be created. However, I take the point made by the noble Baroness, Lady Fookes, that we have what we have now, and we take this or nothing. That is certainly the basis on which I will be operating: taking what we have now but seeking to improve and strengthen it. Given that the Government are apparently likely to back the Bill, what plans do they have to review and re-examine it two or three years after it comes into effect, to see whether it needs strengthening, improving or changing?
My Lords, I thank the noble Baroness, Lady Fookes, for her excellent introduction to this Bill. The noble Baroness has a strong reputation on animal welfare and has been a formidable advocate on animal welfare issues for a great many years. She is a force to be reckoned with.
Glue traps are extremely effective at catching small animals and are designed to deal with rodents, such as mice and rats. However, they are an indiscriminate tool and catch everything that is unfortunate enough to pass over their surface, including birds, snakes, hedgehogs, kittens and even, in one case, a parrot. The animals so caught struggle to get free but cannot and suffer a long and painful experience, before death eventually releases them from their agony. While it is desirable to get rid of rodents, this is an inhumane way of doing it.
Under the Wildlife and Countryside Act 1981, it is an offence to set a glue trap where wild birds may be captured. The RSPCA found, in a survey undertaken in 2015, that 73% of the animals caught in glue traps were species other than rodents. I have not personally had experience of a glue trap. However, glue traps are readily available and members of the public can buy one and set it to catch a rat or a mouse, with no knowledge of what will happen or how to deal with the animals caught in their trap. They are unaware of what will happen to the animal and how to dispatch it humanely or quickly end its misery. Glue traps are not an appropriate mechanism for dealing with either a minor rodent problem or an extensive infestation of rats.
I support the need for a properly trained pest control officer to be able to obtain a licence from the Secretary of State to deal with a specific infestation in a particular location, where another means of pest control would be inappropriate or impossible. This safeguard in exceptional circumstances is essential. The example given in the briefing of a rat in the cockpit of an aeroplane is one such circumstance.
Clause 5(5) lists, in paragraphs (a) to (h), a range of purposes when an inspector may enter premises to make an inspection. These provisions are very wide. Can the noble Baroness, Lady Fookes, and perhaps the Minister, say why it is necessary to have such a wide range of detailed restrictions for action to be taken? Clause 5(7) says:
“The inspector must, on request, provide a record of anything that is seized under subsection (5)(h) to any person who … has possession or control of the thing seized immediately before its seizure.”
This seems a bit obscure. Can the noble Baroness or the Minister please give a little more detail on what it actually means?
Clause 7 refers to “Offences by bodies corporate” and its subsection (1) to an offence under the Act being
“committed by a body corporate”.
Can the noble Baroness give some indication of what kind of body corporate she is referring to?
Clause 9 refers to several interpretations of what is meant in the Bill. Under “premises”, paragraph (b) refers to
“any tent or movable structure”.
I imagine this might refer to a marquee which has been erected for a fete or a wedding. Can the Minister confirm this, please?
In 2015, a YouGov poll indicated that 68% of the British public agreed that glue traps should be banned in the UK, with only 9% opposed. Since 2015 was seven years ago, is there any more up-to-date information on what the public think about glue traps? Given the general tenor of public opinion on animal welfare, I imagine that this figure may have increased, not decreased.
Lastly, I come to the date of implementation, referred to by the noble Baronesses, Lady Fookes and Lady Bennett of Manor Castle, and the noble Lord, Lord Bourne of Aberystwyth. Why will the offence of setting a glue trap not come into force for two years? I can see no rationale for this, other than that it might take that long for stocks of existing glue traps to be used up. Surely this is unacceptable. To be condemning small animals and rodents to acute suffering during this period is not humane when it could be stopped sooner. The Welsh and Scottish devolved authorities have indicated that they plan to introduce similar legislation, and I welcome this. Given the time lag, if the UK Government are not careful, Wales and Scotland will have their legislation in place before England. Surely the Government can act sooner to end this abhorrent practice.
I congratulate the noble Baroness, Lady Fookes, on bringing forward this legislation and fully support the aim and thrust of the Bill.
My Lords, I thank the noble Baroness, Lady Fookes, for her excellent and thorough introduction to the Bill, which answered a number of questions that I had, having read it. As the noble Lord, Lord Randall, and others have said, she has a fearsome reputation as a champion of better animal welfare, and I am so pleased that she has introduced to the House this important Bill, which we will support from these Benches. I also pay tribute to Jane Stevenson MP for steering it through the other place—and to the RSPCA, which was mentioned by the noble Lord, Lord Bourne, and HSI, for all their campaigning on this issue.
We have heard many reasons why glue traps should be banned: they are inhumane and cause absolutely unacceptable and unnecessary suffering. If animals are caught on them, they suffer often horrific injuries and a slow and painful death from starvation, dehydration, suffocation and exhaustion—it really is horrible. Even worse, they are known to break and dislocate their limbs, tear off fur and skin and even attempt to gnaw off their limbs. It is really appalling that these traps are still available in this country.
So we know that trapped animals will experience prolonged and unnecessary suffering, and we have also heard from the noble Baroness, Lady Fookes, that the traps are considered to be inhumane by the British Veterinary Association. She mentioned that this was also endorsed by the noble Lord, Lord Trees. A University of Oxford study has found that capture on a glue trap has an extreme impact on animal welfare, lasting many hours, and that they scored worst, on the overall welfare impact of non-lethal components, out of all rat control methods that were examined.
As other noble Lords—the noble Baronesses, Lady Fookes and Lady Bakewell—said, it has been reported that protected species, birds, bats, wild mammals, hedgehogs, foxes and even pet cats and kittens have been caught by these traps. One thing that was very helpful for me was the explanation and clarification from the noble Baroness, Lady Fookes, of why only rodents are mentioned in the Bill. I was concerned about that, but she answered that question very thoroughly in her introduction.
We know that birds have been trapped in many instances, despite it being an offence to install glue boards in a place where wild birds could be captured. So it is still happening, even though we have had legal assurances that it should not be. The England and Wales Animal Welfare Act makes it clear that animals caught on or in traps are protected under the Act. Therefore, failing to deal with trapped animals humanely is an offence. However, in practice, members of the public are not aware of their responsibility to deal with a captured animal and are either unwilling or unable to dispatch animals that are caught in a humane manner.
One of the concerns is the fact that the vast majority of high-street manufacturers do not include any specific information on the packaging or any instructions for the user. So I support the noble Baroness, Lady Bennett, on the fact that, actually, we should be looking at the sale of these traps, as well as a ban on their use. In 2015, HSI did a poll that found that over half of respondents said that they did not know what to do with a trapped animal when they found one. Most of them suggested something that was actually an offence under law.
Another issue that has been discussed is the use by so-called professional operators who often do not behave professionally at all. It is really important that, when we look at the licensing section of this Bill, the exceptional circumstances are genuinely exceptional. The situation that Clause 2(2) in the Bill describes is tightly worded so that the Secretary of State may provide licences only under exceptional circumstances. I am interested to hear more from the Minister about what they might be, beyond those which have already been mentioned.
We have heard that glue traps have been banned or restricted in many other countries, and that a UK ban has very strong public support. We really need to catch up. I agree with other noble Lords who have already spoken that two years seems to be a long time. If it possible to bring this forward, I hope that the Minister will be able to talk to his department about how this might be achieved. We have also heard how New Zealand has banned the sale and use of glue traps since 2015. I understand that, in 2022, there were only two approvals there, for use and sale respectively, so that suggests that there are adequate alternatives that can be deployed successfully, if necessary, to manage rodents. Again, I think that these exceptional circumstances should be very, very exceptional.
In conclusion, I am pleased to see that we have legislation on banning glue traps. It is an important step forward in animal welfare, and I am absolutely delighted that the Government are supporting this Bill.
My Lords, I echo the thanks around the House to my noble friend Lady Fookes for her sponsorship of this important Bill, and for the powerful manner in which she made her case. I am also very grateful to noble Lords’ invaluable contributions in today’s debate. Like others, I pay tribute to my honourable friend Jane Stevenson, the Member of Parliament for Wolverhampton North East, who successfully steered this Bill through another place with passion and clarity. I also pay tribute to the Conservative Animal Welfare Foundation for its support as we progress this important legislation.
I confess that I have been a legislator, in one form or another, for around 17 years, and, in a way, I am quite shocked that we are getting to this only now. I am as horrified as other Members of this House by the nature of this type of pest control, and I am delighted that we are doing something about it at last.
As noble Lords are no doubt aware by now, glue traps cause extreme suffering. As has been said, the British Veterinary Association reports that animals can suffer from
“torn skin, broken limbs and hair removal and die a slow and painful death from suffocation, starvation, exhaustion and even”—
an horrendous concept—
“self-mutilation”.
Furthermore, a study published in the journal Animal Welfare earlier this year concluded that glue traps are one of the very worst methods of rodent management when it comes to their impact on welfare.
I always remember a pest controller telling me why he only used humane traps. He said that it was not the rat’s fault that it is a pain in the—he used a word which is probably not acceptable in Parliament, so I will use another—neck. His point was absolutely right. We must remember that there are often very good reasons for controlling pests, but we must do so in a way which is as humane as possible. The findings that we have discussed today support the British Veterinary Association reports which add that:
“rats may die of exhaustion or suffocation, are unable to perform normal behaviours and are likely to cause fear, anxiety and pain.”
While we can all agree that rodent control is essential, I hope that we can also agree that it should not lead to undue suffering. As has been said, it is not just the intended victims which suffer. There have been over 200 incidents reported to the RSPCA over a five-year period involving some species which are rare, including hedgehogs, squirrels and even a parrot. Victims of these traps have suffered horrendous injuries, many of which may have been fatal. Some of us are no doubt all too familiar with the tragic case of Miles, a black and white cat found in an alleyway in north London last year with four glue traps stuck to him, and with injuries so severe that the only humane choice was to end his life. This is just one of many disturbing incidents which ended with unnecessary animal suffering and unnecessary distress for members of the public who do not anticipate the poor welfare conditions which are likely to come from amateur use of such means.
That brings me on to the purpose of the Bill: to recognise the immense suffering that glue traps can cause and to take them out of the hands of amateurs. This Bill will ensure that glue traps are used only by professional pest controllers, and only in very limited circumstances when they are needed to preserve public health and safety and there is no other tool suitable for the job. This measure is a proportionate step which strikes the right balance between protecting animal welfare and preserving human health. With more humane traps readily available, it is therefore right to ban these traps in all but the most exceptional circumstances.
My officials have had early discussions with the pest control industry to establish when these traps may be needed. The feedback has been that rodents are often cautious of changes to their surroundings and may avoid approaching unfamiliar objects, such as more traditional mouse and rat traps. However, due to the way a glue trap is set, it may capture rodents more quickly than other methods. For this reason, professional pest controllers may need to use glue traps for the very rare situations when rapid speed of capture is important and a delay may cause a serious risk to public health or safety. An example is the possible need for rapid removal of rodents from places with—as my noble friend Lady Fookes said so eloquently—critical infrastructure involving wiring and electrics where there is a danger of gnawing damage and, in extremis, fire. Another possible example is a mouse being spotted in the cockpit of a commercial aircraft. In this case, the mouse must be caught quickly as there is a real risk to public safety if wiring is damaged. Other rodent traps may be harder to position in this case and use of glue traps may allow the mouse to be caught more quickly than using other methods.
For such rare cases where these traps are needed, a licensing regime will be required. This has been set out in the Bill and will enable such traps to be used only by professional pest controllers and only when absolutely necessary. The wording of the Bill is clear that licences may be granted only for the purpose of preserving public health or public safety and where there is no other satisfactory solution. Licences will also place conditions on the use of traps to minimise any detrimental welfare impacts. The licensing regime will allow for the scale of use of glue traps by pest controllers to be monitored and for the inspection of authorised pest controllers to ensure compliance with the terms of licences, allowing enforcement action to be taken if terms are breached.
The two-year lead-in period has been discussed by noble Lords. This period before the offences apply will give adequate time to put a suitable licensing regime in place. We look forward to working closely with animal welfare groups and pest control organisations to ensure that the licensing regime is appropriate and effective.
While some may claim that this Bill could lead to problems with rodent infestations, the experience in other countries does not support this. Both in Ireland and New Zealand, where these traps have been banned, we are not aware of any experience of increases in rodent infestations. The pest control industry in both countries appears to have successfully and easily moved to the use of alternatives.
I will quickly go through some of the questions put to me by speakers in today’s debate. The question regarding Ireland and New Zealand is an interesting one. Ireland has a full ban and New Zealand has allowed exemptions by ministerial approval, such as we are proposing, from the outset. Approved exemptions have declined year on year and are now in very small numbers—single figures—per year, which I think will be reflected here when we implement this legislation.
A question was asked about why are we not banning glue traps in their entirety. I think that I covered that in terms of the cases, in extremis, where life and limb and public health may be put at risk.
I will not goad the noble Baroness, Lady Bennett, about who is world-leading—she is right that we are not world-leading on this, but it is high time that we did this. We might be UK leading, as we are doing this before Scotland, Wales and Northern Ireland, but we will work with the devolved Administrations to make sure that we are sharing, best practice, licensing and all the rest of it.
The two-year delay is an issue; I understand that. I will reflect the mood of the House on that in my discussions with officials and in the process of implementing this legislation.
My noble friend Lord Bourne asked why we are not banning the sale of glue traps. Under the UK internal market rules, it is not practical to ban the sale of glue traps in England as they could still be purchased elsewhere in the UK. However, as we discussed, legislation may be impending in those countries. Glue traps also need to be sold to pest controllers under exceptional use licences. We expect a ban on their use to be effective as existing stocks of glue traps are used up over the two-year lead-in time. It should become impossible for the wrong kind of people to obtain them after then. We will engage with the devolved Administrations, as I say, as they progress this legislation.
My noble friend also asked what the Government will do to educate businesses and the public regarding the change to the law so that unnecessary persons are not buying traps that they cannot legally use. In the two years before the offences come into force, the Government will work with stakeholders, including pest control and animal welfare organisations, to educate businesses and the public about the ban on the use of glue traps and the use of alternative, humane traps. We note that, after the Humane Society’s “Unstuck” campaign, also supported by the British Pest Control Association and the RSPCA, many retailers have withdrawn these traps from general sale on welfare grounds. We also expect that, in response to the ban, large importers of glue traps will begin importing fewer of them and offering more alternatives as part of their business planning, so that the market for glue traps will dry up.
There is no indication that the ban on the sale of glue traps will be detrimental to human health. Other humane methods are available; we want to encourage people to use them through both good practice and this legislation.
A question was asked about licensing. We currently expect the public authority delegated with the licensing functions to be Natural England, as it already fulfils this function for other licences relating to wildlife management. However, there may be a change in the remit and responsibilities of Natural England and other public bodies in future, so the provision in the Bill to appoint any competent public authority is needed.
We have been clear that high standards of animal welfare are one of the hallmarks of a civilised society. We already have some of the highest animal welfare standards in the world. This Bill takes forward an important commitment in the Government’s Action Plan for Animal Welfare
“to restrict the use of glue traps … to help make sure rodents are despatched in a humane manner.”
As I conclude on behalf of the Government by thanking noble Lords for their involvement in today’s debate, in particular my noble friend Lady Fookes for her work in guiding the Bill through this House, I also thank the animal welfare organisations, pest control organisations and suppliers who have engaged with my officials throughout the passage of the Bill. The Bill will add a small but vital part to our animal welfare legislation. I hope that we can ensure its smooth passage through this House.
My Lords, in turn, I thank all those who took part in this debate. I also thank the Minister. I was much encouraged by most of his remarks. The old schoolteacher in me says, “Seven out of 10”.
One query about bodies corporate was not answered by the Minister. My understanding is that this is simply to ensure that corporations cannot get away with it because they are corporations and so can give the blame to somebody else, which is why there is a reference to particular senior people in a corporation who would have to take the blame if anything happened.
The noble Baroness made another point, which I did not quite get, but which related to the paragraphs about inspectors on premises. I know these look rather detailed, but the idea is to make sure that nobody has any wiggle room. They perhaps rather overegg the pudding, but better that than to underegg, in the circumstances.
I very much hope that the Bill goes through unamended, because of the danger that it would otherwise be lost altogether. I will be closely following the speed with which the department acts in dealing with these matters and the care that it takes in drawing up the conditions attached to licences. I forewarn my noble friend the Minister that I will be after him if progress does not seem satisfactory.
(2 years, 8 months ago)
Lords ChamberMy Lords, I understand that no amendment has 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—and they had better not—I beg to move that the order of commitment be discharged.
My Lords, I was going to give a moment to see whether anybody wants to take up the dare, but possibly not.
(2 years, 7 months ago)
Lords ChamberMy Lords, I will speak only briefly to pay a tribute to Jane Stevenson, my honourable friend in the other place, who had the initiative and drive to get this Bill through all its stages there. I felt privileged to take it through this House. I am also very grateful to the Minister, my noble friend Lord Benyon, for his co-operation, and to Defra officials, who suffered with great good humour my somewhat detailed examination of the Bill when it first arrived. I believe that it will contribute to animal welfare by ending a very cruel practice—or, at any rate, reducing it greatly. However, I am more concerned to see this Bill on the statute book than I am to listen to my own voice—so, on that point, I resume my seat.
My Lords, very briefly, I want to congratulate everyone who has been involved in bringing forward this important Bill. The noble Baroness, Lady Fookes, has done us all a service in bringing it to your Lordships’ House—as did Jane Stevenson in the other place. So I welcome the Bill and thank the Government for their support.
My Lords, I thank my noble friend Lady Fookes for her hard work in guiding this Bill through the House. I congratulate her on progressing the Bill to this stage with such determined enthusiasm. I am grateful to all the noble Lords who contributed at Second Reading, and I am pleased that the Bill has been widely supported across the House. I also thank my honourable friend Jane Stevenson, the Member of Parliament for Wolverhampton North East, for successfully stewarding the Bill through the other place.
We have been clear that high standards of animal welfare are one of the hallmarks of a civilised society. We already have some of the highest animal welfare standards in the world, but this Bill takes forward an important commitment in the Government’s action plan for animal welfare to restrict the use of glue traps and make sure that, when rodents are dispatched, it is done in a humane manner. Throughout the Bill’s passage we have heard about the extreme suffering that can be inflicted by these traps, and it is right to take them out of the hands of amateurs and ensure that they are used only by professional pest controllers when absolutely necessary, where there is a risk to public health or safety and there is no satisfactory alternative.
As well as thanking my noble friend Lady Fookes and my honourable friend Jane Stevenson for their dedicated work in progressing this Bill, I am grateful to the Conservative Animal Welfare Foundation for its support as we progress this important legislation. I also extend my thanks to all the animal welfare organisations, pest control organisations and suppliers that have engaged with my officials throughout the passage of the Bill. I know that my officials are looking forward to continuing their engagement with these organisations as the details of the licensing regime are rolled out. This Bill will add a vital part to our animal welfare legislation, and I look forward to seeing it on the statute book.
My Lords, I think everything has been said. Let us pass it.
(2 years, 7 months ago)
Lords Chamber