Animal Welfare (Sentencing) Bill (First sitting)

(Limited Text - Ministerial Extracts only)

Committee stage & Committee Debate: 1st sitting: House of Commons
Wednesday 3rd February 2021 Public Bill Committees

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve with you in the Chair, Dame Angela, particularly given your long record of fighting for animal welfare.

I want briefly to echo many of the comments made by my hon. Friend the Member for Plymouth, Sutton and Devonport. Labour entirely supports the Bill and would like it to have reached the statute book years ago, when the previous Member for Redcar introduced its first iteration to the House in 2016. It is disappointing and frustrating that it has taken so long to get to this stage, and that the Bill is the second of its nature to be considered in Committee. I congratulate the hon. Member for West Dorset on his perseverance and wish him luck in getting the Bill on the statute book. We are concerned about time running out and, as my hon. Friend has said, we are looking for guidance from the Minister and want to hear that the Government will get behind the measure. We urge her to be clear about the timetable.

We fully back the Bill. It is imperative that those who perpetrate cruelty against animals should be subject to a penalty that matches the seriousness of their crime. It is clear that the maximum penalty in England and Wales of six months in prison, an unlimited fine and being banned from keeping animals is inadequate. Many of us were present on Second Reading and heard numerous examples of sentences whose severity simply did not match awfulness of the crimes.

There is already a five-year maximum sentence in Northern Ireland, and Scotland matched that in July. It seems to us that we need parity of sentencing across the UK and an end to the bewildering state of affairs whereby England and Wales are left with some of the lowest maximum sentences in the world.

As my hon. Friend has said, there are concerns that we want briefly to explore through our amendments. We very much agree with the previous MP for Redcar, who introduced the first Bill, that the filming of cruelty against animals should be considered an aggravating factor by courts in considering the offence. It is already listed as one in the sentencing guidelines to the 2006 Act, but we think it is important that that should be in the Bill.

We have heard that one of the overwhelming issues in the deeply distressing case of Baby the bulldog was the fact that those involved filmed themselves. People not only abusing animals, but recording it and, nowadays, sharing it on social media, with the intention of glorifying and amplifying the abuse, should be taken into account.

We are in a changing world. The Internet Watch Foundation is close to the Cambridge and frequently tells me about its work, which is an ongoing struggle in the online world. Exactly as my hon. Friend said, I hope the Minister will have a word with her colleagues in DCMS about making sure that that aspect of the matter is taken into account in any future legislation.

As the available technology changes, the law must keep up. To abuse innocent animals and, not only that, to record the abuse for entertainment shows, I am afraid, a malicious intent that should be considered an aggravating factor in sentencing.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Victoria Prentis)]

It is a great pleasure to serve with you in the Chair, Dame Angela.

The very unfortunate delay in the passage of the Bill was caused, as hon. Members across the House will understand, by the need to find an appropriate parliamentary slot in what has been a stretched timetable in the past few years. We have had to deal with Brexit and then, of course, we were hit, just as every workplace has been, by the covid pandemic. That naturally reduced the number of hours we could sit, and severely curtailed what we could do, but I reassure Members that the Government are absolutely committed to increasing custodial penalties in sentencing for animal cruelty. We will do all we can to support the Bill’s swift passage through both the Commons and the other place.

Perhaps I may have a useful conversation with Opposition Members about how we all work together to manage that. This morning, I had a very useful conversation with Mr Speaker about the Bill, and he is a big supporter of animal welfare. We all wish the Bill—and its champion, my hon. Friend the Member for West Dorset—well during the next stages of consideration. The more we can do to work together, the better.

Both hon. Gentlemen who have spoken mentioned the great deal of consensus across the House on the passage of the Bill. Sadly, we have also heard once again about Baby the bulldog. That tale gets no easier in the retelling. I thank both hon. Gentlemen, who set the scene well. I am, I am afraid, going to resist the amendment, not because I do not agree with their sentiments, but because I am not sure that it is the best way in which to deal with the issue.

Aggravating factors are most often dealt with in the sentencing guidelines for an offence, not within the statute. A select number of offences relating to terrorism and domestic violence are exempt from that general rule. For most offences, normal practice is for other aggravating factors to be included in the sentencing guidelines. Those are not unimportant documents. From my experience as a lawyer, I know that the courts are required to follow those guidelines when determining the appropriate sentence in any particular case.

The sentencing guidelines on animal cruelty were drawn up by the Sentencing Council and were last reviewed in April 2017, following public consultation. Those include guidelines on

“the use of technology to publicise or promote cruelty”,

which is already considered an aggravating factor. The Department for Environment, Food and Rural Affairs has been in contact with the Sentencing Council about the Bill and, if we park the Bill, the council will need to reassess its guidelines. It will conduct another review. It will also consult publicly on the new guidelines.

I have been looking at other examples of guidelines relating to filming. Perhaps the best, and the one that I suspect I would suggest to the Sentencing Council, is found in the sentencing guidelines for robbery when sentencing children and young people, which includes the aggravating factor of

“the filming of the offence… or circulating details/photos/videos etc of the offence on social media or within peer groups”.

That is to be considered specifically by the court when sentencing the offender.

[Tom Hunt (Ipswich) (Con)]

I realise the importance of the Sentencing Council, but there have been examples of it being resistant to moves in the right direction. For example, on pet theft recently, it has not listened to the sentiments of many Members and the public. What is the Minister’s view of those occasions when the Sentencing Council is resistant to moving in the right direction?

[Victoria Prentis]

My hon. Friend has campaigned hard on pet theft, and he and I have enjoyed debating it on many occasions. He knows that we feel as one on the issue. I should emphasise that the Sentencing Council is of course independent of the Government, but it is only right for the Government to make suggestions. I am outlining the suggestion that I feel would be the best-practice sentencing guideline, which I hope the council will make if we pass the Bill—I very much hope we will. I suggest a guideline similar to the one for the robbery offence that I outlined.

In addition to the sentencing guidelines, legislation —one piece specifically—provides an offence that could cover filming animal cruelty. Section 127(1) of the Communications Act 2003 creates a specific offence of sending grossly offensive, indecent, obscene or menacing messages over a public electronic communications network. It is a matter for the Crown Prosecution Service to decide which charge to bring, but it is possible that someone filming an act of animal cruelty or sharing it could be charged with an offence under that section. That would result in a maximum sentence of six months for the offence of posting the offensive message. I am happy to speak to DCMS colleagues further about this, and I will do so as the Bill progresses.

In brief, there are existing options to ensure that the offenders who film and upload or distribute footage of their animal cruelty are met with an appropriate response. This is an horrific crime, and filming it to share with others is beyond comprehension. We will discuss this matter further with the Sentencing Council, and when it reviews the guidelines we will ensure that this point is raised during the public consultation. On that basis, I ask the hon. Gentleman not to press the amendment.

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[Luke Pollard]

I support the comments from the hon. Gentleman, who has done a good job in building cross-party support in his usual way. Clauses 1 and 2 are good and we will not oppose them.

I want to pose a question to the Minister about clause 1 and disqualification. The proposal to increase maximum sentences from six months to five years is welcome. It will of course be up to the court to decide the point on that scale for any offence. The Dogs Trust has raised the point about issuing disqualification orders where the court has imposed the maximum penalty, to ensure that those convicted of the most extreme animal cruelty and receiving the maximum penalty face mandatory disqualification.

The courts are able to issue disqualifications. It is important to note that at the moment disqualifications are regarded not as part of the punishment but as part of measures to prevent future abuse of animals. However, the Dogs Trust makes a strong case for mandatory disqualification in the event of maximum penalties being imposed, as provided for by the Bill.

There certainly have been recent examples, such as that reported yesterday in Plymouth’s local paper, The Herald, of poor Riot, an American pocket bully-type dog in Plymouth, who had her ears cropped. She was seized by the RSPCA and, thankfully, rehomed. The courts chose not to issue a disqualification order on the owner. That would be one of those points that the public does not understand: how someone can be convicted of severe animal cruelty but not be automatically disqualified. I appreciate that that point sits complementary to clause 1, but I would be grateful if the Minister addressed it in her response.

[Victoria Prentis]

I congratulate my hon. Friend the Member for West Dorset, whose family has farmed in west Dorset for four generations. I know that they have all been committed to the care of their animals and that he feels very strongly about the subject matter of the Bill.

As we have heard, the Bill would make a significant change to the way in which people who commit serious offences against animals will be dealt with by the courts. By increasing the maximum custodial penalty from six months to five years, it enables cases to be heard when necessary in the Crown court. That will largely depend on the seriousness of the case, but the defendants will also have a say in that matter, on whether they would like their case to heard in a higher court and in front of a jury. The legal system is well placed to make those decisions.

I am glad that the Welsh Government have confirmed that the proposed new maximum penalty should also apply in Wales. Scotland and Northern Ireland have already set the maximum penalty for such offences at five years. We do not take increasing maximum penalties for offences lightly. There must be a proven need to do so. As my hon. Friend said earlier, in some cases magistrates have commented in open court that they would have passed longer sentences had that been available to them.

The increase in maximum penalties follows from an amendment made in 2019, known as Finn’s law, which provided better protection for service animals. I am sure that hon. Members will remember that Finn is a police dog who was stabbed by an assailant he had restrained. Despite incurring serious wounds, Finn ensured that the attacker was caught. He recovered from his injuries and returned to duty before eventually retiring from the service. I was pleased to meet him on one of his trips to Parliament. When this Bill is enacted, it will ensure not only that offenders who have caused harm to service animals are brought to justice, but that they will face stiffer penalties.

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[Luke Pollard]

I rise in support of my hon. Friend’s remarks on extending the provisions to include wild animals. I take this from a simple perspective: how would we explain to a member of the public, or to a child, that one rabbit will be treated differently from another rabbit, depending on whether it is in a cage or in a field? How do we instil the same sense of value for both those animals if one is treated differently by the law from the other? There is a case here for including wild animals; I appreciate that the opportunity to include them in this Bill may not be immediately forthcoming, but I believe that is a clear and important part of ensuring that wild animals do matter—that all animals matter.

The second part of the new clause, which is worthy of being adopted by the Minister, is the two-year review of this legislation to see how it is working. One area in particular that needs to be looked at is the effects of the restrictions around coronavirus and covid-19 on animal cruelty. I mentioned in my earlier remarks that we have seen an increase in the number of cases of animal cruelty during these restrictions. It would be useful to policy makers and to those seeking to enforce this legislation if there was an assessment about its impacts on animal cruelty, at a time when we know animal cruelty is increasing, to see whether the deterrent effect is working.

In particular, it would be useful to assess how the provisions of the Bill can be better communicated to people, to ensure that they make better decisions before committing cruelty to an animal, recognising that there are now stronger and tougher penalties that equally are being used by the courts as a form of deterrence as well as a form of punishment. That is an element that could also be looked at.

[Victoria Prentis]

I note that the Animal Welfare Act 2006 was subject to review through the Environment, Food and Rural Affairs Committee some time ago in 2010 and again, informally, through the EFRA inquiry “Animal welfare in England: domestic pets” in 2016. A broad consensus arose from that inquiry that the Animal Welfare Act had had a genuinely positive effect on animal welfare. The 2006 Act, of course, relates to animals within the control of humans, and indeed the 2016 inquiry encouraged the bringing forward of this Bill, which is partly why we are all here today.

Subsection (3)(a) of new clause 1 would commit the Government to including an assessment of wildlife. As we have heard, wildlife legislation is not within the scope of the Animal Welfare Act; only animals within the control of man are within scope. There are some exceptions, which I gently point out to the hon. Member for Cambridge: animals that are normally domesticated, such as cats and dogs, are within the scope of that Act, so even a feral cat would be covered. If a wild animal is trapped, it too would be considered to be within the control of man and would be covered by the Act.

There are, of course, separate pieces of legislation that deal with wild animals. We have already had a review of wildlife legislation at DEFRA’s request by the Law Commission, which undertook the wildlife law project. It published its recommendations in November 2015, and recommended that the existing pieces of wildlife legislation be replaced by a single statute. It did not recommend that we bring in the Animal Welfare Act 2006, which is, by broad consensus, operating quite efficiently. For those who are interested, the Ministry of Justice regularly publishes data on prosecutions, some of which we heard earlier, and on convictions and sentencing under the Animal Welfare Act 2006.