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The Minister for Policing and the Fire Service (Brandon Lewis)
It is a pleasure to serve under your chairmanship, Mr Crausby. I thank my hon. Friend the Member for Northampton South (David Mackintosh) for sponsoring the debate, and I thank all Members who have contributed on an issue that is close to many of our hearts.
As my hon. Friend the Member for Stevenage (Stephen McPartland) said, I am a dog lover. I have two dogs, and I never thought I would see the names of Oz and Buzz in Hansard, but they will be in there now—my followers on Instagram and Twitter will know who Oz and Buzz are. The hon. Member for West Ham (Lyn Brown) is right that our pets are part of our family. I am a hardcore dog lover. My current dogs are both Labradors, but I have also experienced the joy of being a basset hound owner, which got a lot easier when I realised that bassets do not have owners—they have staff. Life got a lot easier after Bertie and I worked that out.
I will slightly reverse how these debates normally work. I will address some of the issues, but I will outline the journey of travel as I see it and what I think we can and should be doing, before touching on the challenge of doing that and outlining where we are. As we have a couple of hours, I will leave time for my hon. Friend the Member for Northampton South to respond, should he wish.
The petition response outlines the current position. As I will outline over the next few minutes, this afternoon’s conversation has highlighted some of the challenges in how we address the situation and just how far we want to go. I have huge sympathy for those who are trying to do something, but this is not the simplest thing in the world. I will explain exactly why in a moment.
Before I come to that, I congratulate and thank the campaigners, whom I met last week to discuss some of the issues. They have been conducting the “Finn’s Law” campaign in a positive, constructive way to get to a result, and they understand the mechanisms within which we work. They also appreciate, as do a large number of people in the police force—I met the Hertfordshire police and crime commissioner this morning to discuss this issue, as Finn is a member of that force—that the available sentencing powers, if used correctly, are as severe as we see elsewhere. The powers are not as severe as we would like, but it is about how they come across, whether they are used and the context in which they are used. I will return to that point.
I express my horror and disgust at the attack on PC Wardell and police dog Finn in Stevenage in October. Without touching on the case, I will say that the photographs taken of Finn after the operation are deeply distressing. I understand the public outrage that has followed the media coverage of the attack and its aftermath. That response is entirely human and expectable. The extent of the public support not just for Finn but more widely is clear.
Mr David Crausby (in the Chair)
Order. I ask the Minister not to refer to the court case, as I indicated at the beginning.
Mr David Crausby (in the Chair)
You are getting quite close. I want to help you.
Brandon Lewis
I appreciate that. Like my hon. Friend the Member for North Thanet (Sir Roger Gale), I have received a huge amount of emails and correspondence on this issue, none of which, I am sorry to say, asked about the welfare of PC Wardell—it was all concerned about Finn, which highlights just how much the public and we care about animals. I am pleased that both are recovering well.
As I said earlier this month, when we twice debated officer safety at length, any kind of assault on a police officer, or on the animals and people who work with them, is completely unacceptable, so I am grateful for this opportunity not only to reiterate that message but to restate my personal commitment to moving forward on this issue.
The particular abilities of dogs make them a vital part of the police team, and indeed the police family. Part of the complication, as one of my hon. Friends mentioned, is that the issue is wider than police dogs. We also have police horses and fire dogs—I met Reqs from Hertfordshire, and he is a fine specimen of a Labrador—and there are other service dogs too. Anyone who thinks it is appropriate, excusable or acceptable to mistreat, abuse or attack a guide dog or a hearing dog also needs to understand the severity of the crime they are committing. If we move forward on this issue, it is important that we encapsulate the kinds of dogs that serve our community and are extensions of the community that they serve.
Dogs provide important support in many areas of our public services. I have met Reqs, a fire and rescue dog, but there are other dogs working within our military or working to keep our borders safe. We often ask such animals to take on dangerous roles that we either would not ask humans to do or that it would simply not be practical for humans to do. These animals play a hugely important part in ensuring our safety and security.
Police dogs, for example, make a fantastic contribution in searches for suspects, vulnerable people and evidence, in specialist searches for drugs, explosives, firearms and bodies, in crime scene work and, of course, in tracking suspects. The pictures of Finn after the attack remind us of the specific dangers faced more widely by police dogs that are working in pursuit and public order situations. They and their handlers show incredible bravery and go about their work with dedication and courage to keep us safe and fight crime. They show remarkable courage and discipline.
Another police dog, PD Ghost of Merseyside police, lost his life last week while carrying out his duties. He was hit by a car in a tragic accident. The media coverage of his illustrious career—chasing and holding dangerous criminals to keep the local community safe—shows just how much we have lost with his passing. I offer my condolences to his handler, PC Dave Bartley, too.
Much of today’s debate has understandably focused on dogs, but it is important to remember that horses are also an important part of the police family. As well as making a contribution to local policing in our rural communities, police horses are often called on to perform their duties in the face of danger, including in serious public order situations. It is hugely upsetting to read stories such as those reported in the media following the million-mask march in London last year, when people looked to bring down a police horse and its rider, which is a cowardly and dangerous act. The images are still clear in my mind of a football match that I attended when I was young: police horses were brought in to ensure safety and security, and some fans decided to throw darts at the police horses. That is simply not acceptable.
On Friday afternoon I saw the preparation for the safety and security of the visitors and spectators at the England-Scotland football match. As my hon. Friend the Member for North Thanet said, the vision of a police horse rider goes beyond anything that somebody at ground level can see. They therefore play an important role in ensuring that the policing is conducted and structured in the right way. More generally, we should all seek to encourage the Police Federation to consider adding a category at the police bravery awards to recognise the bravery shown by police animals.
The language used to describe attacks on police assault animals goes to the core of how we move this debate forward. I absolutely understand that the language used in the charging of assaults can be completely unpalatable. My hon. Friend the Member for Dartford (Gareth Johnson) made that point directly. We do not simply see these brave and important members of our policing family as property. They are more than property. They are a living, breathing thing, but a charge of criminal damage can suggest that they are nothing more than property. I appreciate how that can be upsetting and can seem wrong. I see how for many it can be the crux of the issue, and I agree with them.
The issue is complicated, because it goes more widely than police dogs. None of us thinks of police animals as just equipment. They are an important part of the job, but they are not just equipment. That does not seem to me to convey properly the respect and gratitude that we rightly feel for those animals, for their contribution to law enforcement and public safety more widely. That is why I have written to my ministerial colleagues at the Ministry of Justice and the Department for Environment, Food and Rural Affairs to explore whether we can do more in law to offer appropriate protection to working animals.
I appreciate Members’ earlier calls about the Policing and Crime Bill, but I think it unlikely that we will do something in that Bill, partly because the Bill is at Report stage in the House of Lords and is likely to receive Royal Assent at the turn of the year. We need to do some work with the Sentencing Council. I will come to penalties in a moment; the point made about them was fair. There is work to do on ensuring that the penalties—which are severe and match those elsewhere in the world—that are linked to the Criminal Damage Act 1971 apply to animals in a way that is appropriate and correct in language, as well as on ensuring the ability to prosecute.
We must also consider using the law not just for police dogs and horses, but more widely for service and working dogs—that might cover guide dogs and potentially those used by the fire and rescue service and others. It is important that we do that piece of work. Other work is going on—I will come to it in a moment; it touches on some of the points the hon. Member for West Ham made about assessing—that means that we might not be able to put something in the Policing and Crime Bill, but if there is a need for legislative change, I will consider opportunities to do so in 2017.
Lyn Brown
I am grateful to the Minister for that assurance. I think he is an honourable man who will keep his word, and I accept that sometimes when we legislate in haste, we legislate badly, and it would be better to do this well. Has he thought of any forthcoming Bills from the Home Office, the Ministry of Justice or DEFRA that he might be able to tag this on to? I always think that a date is a better way to hold the Government to account. It is something tangible and concrete to hang it on.
Brandon Lewis
I thank the hon. Lady for ensuring that she does her best to hold me to account, as well as to tempt me into pre-judging what Bills might be introduced in the next Session. I hope she will understand if I resist, but I will say that if we see while working through the issue that a legislative change is required—Sentencing Council changes might not require it—I will seek to do something in 2017, which is not that far away.
We expect a huge amount from our police support animals, in terms of their training, temperament and performance in their various roles and the dangerous situations in which we ask them to perform. The scale of support for the petition shows that the public hugely appreciate their work. It is only fair that police dogs and horses receive the best possible protection as they go about their duties.
As has been outlined in this debate by Members and in the response to the petition, significant penalties are already in place that can be issued to those who attack animals that support the police. I recognise that this e-petition debate is about more than just penalties. I hope I have covered some of that already, but I will go further. I am glad that the penalties currently available reflect the seriousness of the offence; the issue is how and where they are used to prosecute successfully. As has been said, an attack on a police dog or other police support animal can be treated as causing unnecessary suffering to an animal under the Animal Welfare Act 2006. The maximum penalty is six months’ imprisonment, an unlimited fine or both. An attack on a police animal can be considered by the court as an aggravating factor, leading to a higher sentence within the range of six months’ custody.
Under some circumstances, assaults on support animals can be treated as criminal damage. I appreciate that that use of language can seem inappropriate, but it is important to note that that charge carries a much wider sentencing range, allowing for penalties of up to 10 years’ imprisonment. I appreciate the comments that my hon. Friend the Member for Dartford made about the valuations required, but we must also bear in mind that the valuation of a police dog, with its training, would be well in excess of the figures involved. Finn’s attacker has been charged with this offence, given the seriousness of the assault.
The petition calls for protection in line with that afforded to police support animals by the US Federal Law Enforcement Animal Protection Act 2000, as the hon. Member for West Ham said. Under that legislation, causing harm to a police animal in the US carries a maximum tariff of one year in prison. Where the offence is more serious, the maximum penalty can be as high as 10 years, so the maximum penalties available there, if used, are about the same as the maximum penalties here in England and Wales. The issue is whether they are being used and presented in the right way. I agree that the framework within which the offence is held, prosecuted and used is crucial; at the moment, many people feel that it is not ideal. That is why I have outlined that I will work with colleagues from the Department for Environment, Food and Rural Affairs and the Ministry of Justice, as well as campaigners and colleagues throughout this House, to consider how we can take the issue forward in a positive way.
Sir Roger Gale
I ask the Minister to take on board the fact that this is not really a DEFRA issue; it is a criminal justice issue. We are talking about police officers, albeit four-legged ones, who give great service, as do the dogs of the armed forces. They are not the same as assistance dogs, however highly assistance dogs are also held in esteem. It is time that the Ministry of Justice is compelled to understand that we are dealing with law enforcement personnel, and to treat them accordingly.
Brandon Lewis
My hon. Friend highlights the complication. The Animal Welfare Act 2006 is part of DEFRA’s portfolio, but as I said, I will also be working with colleagues at the Ministry of Justice. There is a wider issue, which people have raised with me, about how we define this. Is it an issue involving police animals, police and military animals, animals in the fire service and guide dogs? That is why I say that it is not as straightforward as we might like. I want to ensure that we get it absolutely right, so that we cover the right animals in the right way and get any legislation right. As I have said, the penalties elsewhere in the world that people want to be applied are available here; it is about whether they are in the right context and framework. I am determined that we will do what we can to ensure that we get it right. I take my hon. Friend’s point absolutely on board.
That is why it is important that we ensure that the right sentences are handed down when such offences come to light. The Sentencing Council recently consulted on revised guidelines for sentencing in the magistrates courts, including for animal cruelty offences. Throughout the development of the guidelines, the council has worked closely with the RSPCA. It is now reviewing consultation responses and developing definitive new guidelines, which it intends to implement in May next year. I am writing to raise the issue of attacks on police animals to ensure that it can be considered as part of the council’s consultation review.
I want us to do everything we can to ensure that assaults on police animals are taken seriously: that they are reported, that the police respond effectively and that the right sentences are handed down to those who think they can commit such crimes. My officials have been consulting police leads in the area, who are best placed to advise on this issue, and they agree that the penalties for attacking police animals are severe enough; it is the framework and how and when prosecutions are brought that we need to consider.
I know that police leaders are committed to the ethical and effective management, training and handling of police dogs. The current national police lead for dogs, Chief Constable Wilson of Suffolk police, chairs the police dog working group. To respond to one of the specific points raised in this debate, I am pleased to be able to tell the House that, with the support of the College of Policing, the working group is currently updating practice guidance addressing the deployment, safety and welfare of police dogs to further professionalise the discipline. At the heart of the guidance is the welfare of all police dogs. The House may wish to note that both dogs and mounted policing will be brought together soon under one national police lead, Deputy Chief Constable Rod Hansen of Gloucestershire police, who currently holds the lead on mounted policing.
National statistics on the number of assaults on police animals are not collated, as was rightly said earlier, but I can inform the House that the national working group will consult police forces on the issue over the next few months to get a better idea of the extent, so that we can get the reporting correct. I am confident that police and crime commissioners will also play their part in saying quite clearly on behalf of local communities that attacks on police animals are abhorrent and unacceptable. The day after the attack, the PCC for Hertfordshire, David Lloyd, praised PC Wardell and PD Finn for their quick thinking and bravery. He subsequently issued a statement applauding the petition’s success. I met David this morning to discuss the issue; I welcome his helpful intervention and his positive contributions, which highlight how PCCs can play a lead role in expressing the public’s view on how we should see police animals.
We must strive to protect all members of the policing family: police dogs and their handlers, police horses and their riders, police officers, staff and volunteers. I know that chief constables are signing up to a pledge to support officers and staff who are victims of assault. For our part, the Government could not be clearer about the great value and respect in which we hold the police and the need to support them in their work. To enable chief officers to understand the scale of the issue, it is important that we have accurate data to capture the number of assaults, so we have sought to improve the collection of such data. As I outlined to the House in an Opposition day debate in October, we will ask all forces to include the number of assaults with injury on a police officer as part of their recorded crime data from April next year. Combined with the measures that I have announced today to address assaults on animals, that represents a significant step towards building a much better picture of assaults against the police family, so that local police leaders are in a better position to fully support their workforce of all types.
I thank again those who launched and signed the petition for the way in which they have conducted their campaign, which has allowed people throughout the country to get their voices heard. Those voices are being heard very clearly; all the Members who spoke today highlighted that. The Government and our police partners will work together to look at assaults on the police family—I use that word carefully—in the round and to send the firmest possible message that such assaults cannot, should not and must not be tolerated.