Animal Welfare (Sentencing) Bill

Debate between Baroness Hayman of Ullock and Neil Parish

2nd reading: House of Commons & Programme motion: House of Commons
Wednesday 10th July 2019 Commons Chamber

[Sue Hayman (Workington) (Lab)]

Today has been a long time coming. We welcome the Government bringing forward this vital piece of legislation, although we regret that it has taken this long, considering that it has widespread support across the House and with the general public. I hope the Bill manages to make it through both Houses and on to the statute book in a timely fashion. It is imperative that it should receive Royal Assent and come into force as soon as possible so that our courts can start handing out appropriate sentences to those people convicted of inflicting terrible harm on innocent animals.

[Neil Parish]

I want to thank the hon. Lady for the cross-party support that she has given to get this legislation on the statute book. I agree that that must be done quickly. The Bill has had cross-party support not only in the Select Committee but across Parliament, so let us try to get Royal Assent as soon as possible. Too many lenient sentences are being handed down for horrific welfare crimes at the moment.

[Sue Hayman]

I thank the hon. Gentleman for his well-made point, which I think we can all support.

It is absolutely right that we should seek to increase the maximum penalty for animal welfare offences from six months to five years. Britain can be proud of having some of the best animal welfare practices and legislation in the world, and the Bill does what it needs to do to enhance that reputation. The landmark Animal Welfare Act 2006 is something that, as a Labour Member, I am very proud of, because our Government brought it forward. Now, delivering maximum sentencing through the Animal Welfare (Sentencing) Bill will ensure that our high standard is maintained and builds on those original foundations.

I am aware that many Members right across the House have campaigned for this issue and for this Bill to come forward, but I would like to make a couple of particular mentions. First my hon. Friend the Member for Redcar (Anna Turley) has made a huge contribution in this House, working with Battersea Dogs & Cats Home, to put forward her private Member’s Bill. That campaign was supported when it first came to the House by many hon. Members from both sides, and I am pleased that we are making such good progress now. I would also like to thank my hon. Friend the Member for Bristol East (Kerry McCarthy) for her hard work on this issue. I also thank the Environment, Food and Rural Affairs Committee and its Chair, the hon. Member for Tiverton and Honiton (Neil Parish).

The last time I spoke on this matter on the Floor of the House was in spring 2017, following the publication of the Select Committee’s excellent report covering third-party puppy sales and maximum sentencing. We then had the short-lived draft Bill that would have covered sentencing and the recognition of animal sentience. From that, however, Ministers went back to the drawing board, which is why, to some extent, it has taken so long to get to this stage. After two years’ delay, it is really good that the Government have finally brought forward this Bill, because it is important that sentences for animal cruelty should act as a deterrent. I welcome this.

We are supporting the Bill today, but we will seek to improve it in Committee. We have concerns, which are shared by a number of stakeholders, about the scope of the Bill. This has already been mentioned in an intervention. The proposals apply only to the Animal Welfare Act 2006 and therefore do not apply to wild animals in the way that they apply to domestic animals. Our concern is that this creates a two-tier system, even if by oversight as opposed to intentionally. The same sentences should be available to judges for similar or identical crimes, regardless of whether the animal is domesticated or wild.

Puppy Smuggling

Debate between Baroness Hayman of Ullock and Neil Parish

Tuesday 2nd April 2019 Westminster Hall

[Neil Parish]

Do it!

[Sue Hayman]

When?

Dangerous Dogs

Debate between Baroness Hayman of Ullock and Neil Parish

Thursday 7th March 2019 Westminster Hall

[Sue Hayman (Workington) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gray. I am sure that hon. Members will remember that last July we had a similar debate in this Chamber, on breed-specific legislation and Staffies. Many of the concerns that have been discussed today were raised then. Following that debate, I am pleased to see such an excellent report from the Environment, Food and Rural Affairs Committee. I thank its Chair, the hon. Member for Tiverton and Honiton (Neil Parish), for clearly outlining the report and the Committee’s concerns about the current legislation. I also thank my hon. Friend the Member for Blackpool South (Gordon Marsden) for making such an important contribution and for making some interesting suggestions to the Department about how we can move the situation forward.

There are two main issues in the report that we must address. The first relates to public health. The Government’s current approach to dog control is failing to protect people adequately. The second relates to animal welfare. Too many harmless dogs are being destroyed simply because they are a banned breed—because of what they look like—regardless of their temperament. There can be no denying that, since the Dangerous Dogs Act came into force nearly three decades ago, more people have been killed by dog attacks, and more people are being admitted to hospital due to dog bites. I have spoken to the Communication Workers Union, and I understand that about 3,000 postal workers are attacked by dogs every year. The union has very much welcomed the Committee’s report.

The hon. Members who have spoken have given examples of dogs that have been put down when they were in rescue centres. Last year I launched the Labour party’s animal welfare plan. When I visited the RSPCA’s Harmsworth animal hospital, I met Bailey—a really lovely dog who could definitely have been rehomed to the right owner. I actually asked whether I could take him home myself, because I could not bear the thought that that beautiful dog was going to be put down, but sadly that could not happen because he had been typed. Tragically, he was put to sleep the week after my visit. I personally find that very hard.

We had a consultation after we launched our animal welfare plan, and we had a huge response to it. Many of the responses referred to breed-specific legislation, which we had not actually put in the plan. Dog owners and rescue centres asked us to consider looking at the issue in any future policy documents that we put out on animal welfare.

We must be a lot more pragmatic when it comes to banning certain dogs based just on their breed. As the hon. Member for Tiverton and Honiton said, we must recognise that all dogs can bite. Any dog can be dangerous in the wrong hands, regardless of breed or type, or the fact that they look a certain way. Any action to tackle dog bites, and all other instances of canine aggression, as the hon. Gentleman said, must focus on the deed, not the breed.

The RSPCA told the Select Committee that it believes that breed-specific legislation is ineffective in protecting public safety, and results in the suffering and euthanasia of many dogs unnecessarily. It believes that breed-specific legislation should be repealed, and that issues surrounding human safety should be tackled using education and effective legislative measures that do not unnecessarily compromise dog welfare. The RSPCA told me that in recent years, in order to comply with the legislation, it has euthanised hundreds of dogs. We have heard that many other rescue centres have had to do the same. Many of those dogs, like Bailey, would have been suitable for rehoming.

DEFRA’s figures show that no dogs on the index of exempted dogs have actually been involved in an attack. As the hon. Gentleman and my hon. Friend the Member for Bristol East (Kerry McCarthy) said, this is not working. Why are we putting down healthy, innocent dogs from rescue centres simply because they are a particular breed when we have no evidence to prove that there is a problem? We must look at the reform of dog control legislation. We should introduce education to ensure that high-risk behaviour towards dogs is avoided. All severe and fatal dog bites must be properly investigated.

I visited Battersea dogs and cats home and, like the hon. Member for Tiverton and Honiton, saw a beautiful dog that the home said was perfectly able to be rehomed, waiting for the police to come to take it away to be euthanised. Battersea said very strongly to me that the Dangerous Dogs Act is completely ineffective at protecting the public. It is arguing for the abolition or reform of BSL, and has called it a sticking plaster that does not prevent harm. It wants the Government to amend the legislation to ensure that dogs are not put down simply because of the way they look.

As my hon. Friend the Member for Blackpool South said, the current law is not supported by scientific evidence. The Select Committee criticised the Government about that, stating that their lack of clarity when it comes to robust evidence

“indicates a disturbing disregard for evidence-based policy making”.

I think that is extremely worrying.

It is absolutely right that we have proper engagement processes and education in place to help the public to understand dog behaviour and responsible ownership much better. The Chair of the Select Committee talked about getting people into primary schools to teach children about how to behave with and understand dogs. That is incredibly important.

I have a dog—my family has always had dogs—so I know at first hand that being a pet owner is terribly rewarding but a huge responsibility. Anybody taking on a pet needs to recognise that. The dogs that I have had have always been large dogs, from Irish wolfhounds to Dalmatians, and I currently have a Labrador. It is really important to train and socialise big dogs properly, because in the wrong hands every dog has the potential to injure either people or other animals. We must focus on ownership, rather than on the type of dog.

Prevention through education, responsible ownership and early intervention is clearly a better, more holistic approach than slapping a blanket ban on certain dog breeds and saying that that is the way to protect the public. As the rising figures show, it is not. Evidence presented to the inquiry shows that human factors play a prominent role in many dog attacks, so we must ensure that dogs have responsible owners.

I want to talk briefly about livestock worrying, which the Committee’s report touches on. This is an issue about which the National Farmers Union, and farmers generally, are very concerned. It is a particular problem in my constituency in Cumbria. It is thought that, in 2016, 15,000 sheep were killed in livestock attacks. The cost to the farming sector is about £1.6 million a year. Sheep worrying can have a devastating impact on small hill farmers, such as those in my constituency. Responsible ownership is critical. Livestock worrying often happens because a dog has escaped or because the owners simply do not believe that their dog will be dangerous when it is around sheep. People say, “My dog is a Labrador; it is not going to do any damage.”

[Neil Parish]

I thank the shadow Minister for talking about sheep worrying. Many members of the general public do not always understand that the dog does not actually need to be dangerous; it just needs to run through the sheep. The sheep will run from it and very often wind up in a ditch. The sheep might be heavily in lamb. If there are several dogs together, they actually think that they are playing half the time, and although they may not actually be vicious, they still have a hugely detrimental effect on that flock of sheep.

[Sue Hayman]

The hon. Gentleman is absolutely right. In an area such as Cumbria, where I live, many visitors are perhaps not used to being with their dogs in the countryside and around sheep. The education aspect of the issue is absolutely critical, because I do not think that those people appreciate the damage that can be done simply by allowing a dog to run amok among a flock of sheep. We really need to raise awareness of the issue and look at how we can tackle it. I know that the all-party parliamentary group on animal welfare produced an excellent report last year on livestock worrying, and I ask the Minister to look at it and consider its recommendations on how to tackle the problem.

The Select Committee’s report is very clear in its recommendation that changing the law is widely desirable but also achievable, and that it will protect the public much better than the status quo. Let us get the legislation right in order to protect both the public and dogs. We need the right education in place, and we need to focus on how we can tackle irresponsible dog owners, not just the dogs. I look forward to the Minister’s response. I hope that he has paid close attention to the recommendations of this excellent report. It would be good if we could finally start to move the issue forward.

Dangerous Dogs Act: Staffordshire Bull Terriers

Debate between Baroness Hayman of Ullock and Neil Parish

Monday 16th July 2018 Westminster Hall

[Sue Hayman (Workington) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Walker. I thank my hon. Friend the Member for Warrington North (Helen Jones) for introducing the debate. There has not been a huge number of speakers, but those who have spoken feel strongly about this issue. It has been an excellent debate, with some really good information shared.

The hon. Member for Tiverton and Honiton (Neil Parish), who chairs the Environment, Food and Rural Affairs Committee, was particularly interesting and well informed. I was pleased by a lot of what he said, because I started to become interested in this topic on a visit similar to the one he described. I was also particularly interested by what the hon. Member for Stafford (Jeremy Lefroy) said about the regimental mascot, which I was not aware of. I wish him all the luck in the world in getting a statue in place. That would be a fantastic tribute.

I was interested to hear what the hon. Member for Kilmarnock and Loudoun (Alan Brown)—I remembered his constituency—said about the 2010 Act. I was not aware of it, so I will be interested to take a look at it. I was also interested to hear his idea of using a chair, rather than a dustbin lid, to fend off dogs. When I go canvassing, I fill my pockets with dog biscuits, which I find can be very useful.

I would like to talk about an experience I had that was similar to the one the hon. Member for Tiverton and Honiton had. I launched Labour’s animal welfare plan in February from the RSPCA’s Harmsworth Hospital, in north London. As part of that visit I was introduced to a lovely dog, Bailey, who had a great temperament. The hospital staff and I believed that he could have been rehomed, but because he had been typed as a pit bull, that, sadly, could not happen, and, tragically, he was put to sleep the week after my visit. I told the staff that I would take him because he was such a lovely dog, although I did not tell my husband. I was deeply shocked that this dog, which had never done any harm to anybody, was to be put down because of what he looked like.

[Neil Parish]

The shadow Minister makes a very good point: the dog had done no harm. It was of good temperament and did not have a record of biting people. In this country, we are usually considered innocent until proven guilty, whereas these dogs are considered guilty because they are of a particular breed, and they are then put down, irrespective of temperament. That is exactly the point.

[Sue Hayman]

That is exactly the point: the dogs are found guilty before having done anything wrong. We have heard that people can secure exemptions from the law in court. However, I said that I would take that dog, that I was a dog owner and that I had always had dogs, so those exemptions are clearly not in place for dogs in rescue centres. Many dogs are being put down entirely unnecessarily.

We heard that we have to ensure that legislation to keep people safe from dangerous dogs has to jointly prioritise public safety and animal welfare. We need to be a lot more pragmatic when it comes to banning certain dogs based only on their breed. As has been said, all dogs can bite and all dogs can be dangerous in the wrong hands, regardless of breed or type or whether they happen to look a certain way. It is therefore clear to me, and to the many animal welfare charities quoted, that any action to tackle dog bites and all other instances of canine aggression must focus on the deed, not the breed.