Glue Traps (Offences) Bill

(Limited Text - Ministerial Extracts only)

Report stage
Friday 4th February 2022 Commons Chamber

[Jane Stevenson (Wolverhampton North East) (Con)]

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.

[The Minister for Farming, Fisheries and Food (Victoria Prentis)]

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.

--- Later in debate ---

[The Minister for Farming, Fisheries and Food (Victoria Prentis)]

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.