The Humble Petition of the residents of Wellingborough, Northamptonshire and the surrounding areas,
Sheweth,
That the Petitioners believe that laws regarding the welfare of horses should be reformed and enforced to protect vulnerable horses who are mistreated by their owners on the grounds that the current laws leave the ‘codes of practice’ open to debate and opinion, resulting in horses being neglected by their owners as the law is open to interpretation. In particular, the horses who reside by the Embankment in Wellingborough are neglected food, water and shelter, resulting in these animals having a poor-quality life.
Wherefore your Petitioners pray that your Honourable House urges the Secretary of State for Environment, Food & Rural Affairs to introduce reforms to laws regarding the welfare of horses and to work with The Borough Council of Wellingborough and the RSPCA to take into account the concerns of the petitioners and take immediate action to protect the welfare of the horses on the embankment in Wellingborough.
And your Petitioners, as duty bound, will every pray, &c.—[Presented by Mr Philip Hollobone on behalf of Mr Peter Bone, Official Report, 11 November 2020; Vol. 683, c. 1024.]
[P002623]
Observations from the Secretary of State for Environment, Food and Rural Affairs (George Eustice):
Thank you for sharing your petition with me as Secretary of State at DEFRA. I was sorry to learn about this case of neglected horses in Wellingborough. We take the protection of animal welfare, including the welfare of horses, very seriously and we are determined to enhance the UK’s already high reputation in this respect.
The horses in question, who had been left on flooded land in Wellingborough, were removed by animal welfare charities for rehoming in June 2020. I would like to thank all those involved in moving 40 to 50 horses to safety, some of whom were in a poor state.
It may be helpful if I set out the laws already in place that relate to horses left either illegally on another person’s land or where the horses are kept in poor welfare conditions.
Under the Animal Welfare Act 2006, it is an offence to cause any animal unnecessary suffering or to fail to provide for its welfare. Anyone who is cruel to an animal, or does not provide for its welfare, may be banned from owning animals. They may also face an unlimited fine, be sent to prison, or both. The Government are supporting the Animal Welfare (Sentencing) Bill, currently before Parliament, which will increase the maximum custodial penalty for the worst animal cruelty offences (including causing unnecessary suffering) from six months to five years’ imprisonment.
The 2006 Act is backed up by the Code of Practice for the Welfare of Horses, Ponies, Donkeys and Their Hybrids which provides owners with information on how to meet the welfare needs of their equines, as required by the 2006 Act.
Breach of a provision of the Horse Code is not an offence itself, but if proceedings are brought against someone for an offence under the 2006 Act, the Court will look at whether or not they have complied with the Code in deciding whether they have committed an offence. This includes whether adequate food, water and shelter have been provided for the horses. Local authorities have powers under the 2006 Act to act where a horse is suspected to be suffering on any land, public or private. In such circumstances, the local authority may enter the land and take control of the animal in order to alleviate its suffering. Acting in this way is at the discretion of the local authority. Local authorities will often work in partnership with welfare charities such as the RSPCA, World Horse Welfare or Redwings.
The Control of Horses Act 2015 provides powers for landowners, land occupiers and local authorities to deal with horses placed unlawfully on land (including equine abandonments). The 2015 Act allows for action to be taken quickly where horses are placed on land without the landowner’s permission.
Specifically, the 2015 Act allows landowners and occupiers to seize and, if necessary, remove horses unlawfully left on their land and take them immediately to a place of safety. Local authorities have similar powers under the 2015 Act where horses are placed unlawfully on public land. In all cases, the person seizing the horse must notify the local police force within 24 hours of doing so, and if the horses’ owners can be identified, the person must also notify them. If no owner can be identified within four working days, landowners, occupiers and local authorities may then decide what to do with the horses, including rehoming, either privately or via charities, or offering them for sale. As a last resort, horses may be humanely euthanised.
In summary, therefore, it is the landowner’s or land occupier’s responsibility to use the 2015 Act powers when horses are placed unlawfully on private land. The local authority will only use the 2015 Act powers when they are either the landowner or occupier or where the horse is unlawfully placed on public land.
In addition, the Equine Identification (England) Regulations 2018 require all equines identified for the first time to be microchipped regardless of age when they register with a Passport Issuing Organisation (PIO) in England. Similar requirements are in place for the rest of the UK. This means it will be easier to trace the owners of horses that have been left on other people’s land without their permission or in cases where the horses are in a poor state of welfare.
From 1 October 2020, the Regulations extended the requirement for microchipping to older equines born before 1 July 2009, with the exception of semi-wild equine populations in the designated areas of Dartmoor, Exmoor, New Forest and Wicken Fen. A similar requirement will apply in Wales from 12 February 2021 and in Scotland from 28 March 2021.
The Regulations require equine owners to notify new microchips to a PIO for addition to the passport and the UK Central Equine Database (CED) of passport records. Owners may also use the CED’s Digital Stable to add a new microchip to an existing record. Therefore, once older equines are also chipped, the CED will hold the microchip details for all equines in Great Britain, which will improve traceability for welfare purposes and disease outbreak management.
Local authorities are able to search the CED to trace the owners of microchipped horses found to be straying, abandoned or stolen. The 2018 Regulations also give local authorities powers to use sanctions for offences, alongside the previous criminal sanctions which should help strengthen enforcement. This includes being able to issue fixed penalty notices and to keep the proceeds of fines.
The Government consider that the relevant legislation and guidance in place provides the right safeguards and powers in respect of protecting equine welfare. We remain committed to working with enforcement agencies and other interested parties to ensure issues of horse abandonments or neglect are effectively addressed.