Wild Animals in Circuses (No. 2) Bill

Debate between Lord Spellar and David Rutley

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019 Commons Chamber

[David Rutley]

We will do everything we can. We are completely committed to making sure that the legislation gets into place. The hon. Lady has been keen to see it through, and we will do that. We are absolutely committed to delivering on this legislation.

[John Spellar (Warley) (Lab)]

This has been a pretty sorry story of delay, but I welcome the fact that the Bill is now here, given the lack of legislative business. Will the Minister say when the Government will bring forward legislation on increasing the penalties available to the courts for those guilty of animal cruelty? That is another issue that has been waiting a long time. It urgently needs to be resolved.

Draft Food and Farming (Amendment) (EU Exit) Regulations 2019

Debate between Lord Spellar and David Rutley

Tuesday 26th March 2019 General Committees

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

I beg to move,

That the Committee has considered the draft Food and Farming (Amendment) (EU Exit) Regulations 2019.

It is an honour to serve with you in the Chair again, Mr Gray. These regulations group elements of four policy regimes: spirit drinks, wines, genetically modified organisms and agricultural direct payments. The purpose of this statutory instrument is to make purely technical or operability corrections, ensuring that these regimes continue to function as intended. The corrections deal with removing or amending references, converting EU procedures to UK procedures, and transferring EU functions to the UK.

For genetically modified organisms, the SI makes purely technical changes, to keep the retained EU legislation operable on exit from the EU. The operability changes will allow us to continue to regulate and enforce the applications process for consent to market genetically modified organisms in the UK. It will also allow us to continue to regulate the export of genetically modified organisms—both those that originate in the UK and those merely passing through the UK. The SI also seeks to correct minor errors in EU exit statutory instruments that have already been made.

[John Spellar (Warley) (Lab)]

I seek a bit of clarity from the Minister; I was just looking through the documentation. Will we just carry on with the EU-directed regime, which is based not on science, but on hysteria against genetically modified organisms—particularly genetically modified crops? Alternatively, will we be able to use Brexit to get a policy based on science and agriculture, which would embrace that technology where appropriate?

[David Rutley]

The right hon. Gentleman makes an important point. Obviously, science will underpin our approach to genetically modified organisms, but it is worth noting that there are no genetically modified products in the approval pipeline, at least in the UK, and none is anticipated.

[David Rutley]

The hon. Gentleman also makes an important point, one that the Opposition Front Benchers—perhaps I should call them the three musketeers—have consistently been making, with support from the Scottish National party spokespeople, too. I stress—as I have on numerous occasions, but it is worth doing it again for the record—that there is no intention whatever to water down our standards. I wanted to make that point, because it is easy to get concerned about these issues. As the hon. Member for Stroud will recognise in his remarks, these regulations are about operability changes; they are not about changing policy.

[John Spellar]

There is a world of difference between watering down regulations that are clearly of proven scientific benefit to consumers, animals and the environment, and policies that are based purely on campaigns with a heavy degree of hysteria—particularly those against genetically modified crops, which have no proven negative impact on the health of the individuals consuming them. Is the Minister suggesting that we are not going to take the opportunity? There may not be an application, and that may be because the current policy is dictated by one or two European countries. Will we not become a bit more progressive and take a science-based approach?

Animal Welfare (Service Animals) Bill (First sitting)

Debate between Lord Spellar and David Rutley

Wednesday 16th January 2019 Public Bill Committees

[David Rutley]

I pay sincere tribute to the right hon. Gentleman for all his hard work—I hope he is pleased that we will not only back the important Finn’s law but take further strides towards making the legislation more impactful—and congratulate everyone involved.

Finn’s name is rightly associated with the Bill; it exemplifies the bravery of service dogs. The Government recognise that service animals do a fantastic job, an invaluable service that might take them into extremely dangerous situations. The best protection for them needs to be made clear in law, which is why we support Finn’s law and the campaign today.

As we have heard, in 2016 Finn was stabbed by an assailant when he assisted his handler, PC Dave Wardell, in the apprehension of a suspected offender. Finn received serious injuries but survived and even returned to duty before later retiring. He received all sorts of plaudits for his amazing and courageous work. In August 2018 the Secretary of State had the pleasure of meeting Finn and PC Wardell on a visit to Marsham Street. All the officials there were in awe and I have been told stories about how impressed they were to meet Finn. We can all agree with what the Secretary of State said at the time:

“Every day service animals dedicate their lives to keeping us safe, and they deserve strong protections in law. We will continue working with Sir Oliver Heald MP and the Finn’s Law campaign to achieve this.”

That is exactly what we do today.

When the Bill becomes law, animals such as Finn will have more protection from callous individuals, because it amends the Animal Welfare Act 2006—the architect of which is in the Committee—to make it clear that the ability for someone to claim that they were acting in self-defence when they attack a service animal should be disregarded in such circumstances. No longer will someone be able to inflict pain and suffering on much loved and heroic service animals, such as police dogs like Finn, police horses or animals supporting the prison service, and to say that they were simply protecting themselves.

In supporting the Bill, we agree with my right hon. and learned Friend the Member for North East Hertfordshire that prosecuting attacks on police and other support animals, which cause unnecessary suffering, under section 4 of the Animal Welfare Act 2006, could be made more difficult by the court having to consider whether the defendant acted in fear of harm. Relevant here is the list of considerations in section 4(3) for the court to consider whether the suffering was caused for a legitimate purpose, such as to protect a person, property or another animal. In other words, the perpetrator of the attack on a service animal could use the provision to claim they were acting to protect themselves. As noted, the Bill amends section 4 of the 2006 Act so that this consideration will be disregarded with respect to incidents involving unnecessary suffering inflicted on a service animal that is supporting an officer in the course of their duties. That will make it easier to successfully prosecute people who cause animal cruelty by attacking a service animal.

We are taking further steps to protect our heroic service animals, and indeed all animals under our care, by increasing the maximum penalty for animal cruelty from six months’ imprisonment to five years’ imprisonment. Specifically, we will amend the maximum penalties set out in section 32(1) of the 2006 Act. That will include cruelty caused by attacks on service animals, which is the second part of the Finn’s law campaign. We said we will do it and we are doing it. We will bring forward the necessary legislative vehicle as soon as possible.

[John Spellar]

Given the delay in reaching this stage of the process, could the Minister and his Department get in touch with the Government business managers to expedite the Bill’s further passage through Parliament to become legislation?

[David Rutley]

We are doing everything we can to facilitate that pace—we are looking at various vehicles. On the question asked by the right hon. Member for Delyn about the situation in Wales, a legislative consent motion will be brought forward. We will do everything we can to work with the Welsh Government to facilitate that.

We are increasing the maximum penalties for good reason: as a deterrent to those who would choose to inflict the most abhorrent cruelty on animals, and to help to address comments from sentencing judges who have said that they would have handed down tougher sentences in the worst cases of cruelty, had a higher penalty than six months’ imprisonment been available.

In summary, a two-step approach has been taken, in large part in response to the Finn’s law campaign. First, this Bill has been introduced by my right hon. and learned Friend the Member for North East Hertfordshire, which removes the consideration in section 4 of the 2006 Act that the person was acting in self-defence in attacking a service animal. Secondly, the Government will bring forward tougher sentences for animal cruelty in separate primary legislation as soon as possible.