Animal Welfare (Service Animals) Bill

Debate between Lord Spellar and Oliver Heald

3rd reading: House of Commons & Report stage: House of Commons
Friday 8th February 2019 Commons Chamber

[Sir Oliver Heald]

I entirely agree with my right hon. Friend my right hon. Friend the Minister for Policing and the Fire Service, who was here a moment ago, told me that he thought it was unpalatable to think of police animals as equipment. In addition, the penalty for criminal damage is largely determined by the value of the property that is damaged, and a seven-year-old police dog who is close to retirement is simply not worth much money. And so it proved at court, where no separate penalty was imposed on Finn’s attacker for the attack on Finn.

The offence under section 4 of the Animal Welfare Act is potentially a better route, but there are two problems with it. First, the maximum penalty is only six months’ imprisonment. After a consultation, happily the Government have committed to increasing that to five years, and that has been widely welcomed. I pay tribute to the campaigners who have pressed for that, including Battersea Dogs and Cats Home, which is also a strong supporter of this measure. The Government’s commitment to a maximum penalty of five years clearly represents a great improvement.

Secondly, there is a difficulty with the application of section 4(3)(c)(ii) of the Animal Welfare Act, which sets out that various factors must be taken into account in deciding whether the infliction of suffering on an animal can be considered unnecessary—those factors include the protection of a person or property—and currently contains no reference to the role of service animals. Clearly, the mission of a service animal is to restrain a suspect or to use its physical presence to support the actions of an officer in accordance with his or her duty, but there is no reference to that in the Act. We have heard from police dog handlers, prosecutors and all the police and crime commissioners in the country that there is concern that the provision allows defendants to argue that they are justified in applying force against a service animal in self-defence, rendering the force necessary. That has apparently been an issue in deciding not to prosecute for the offence under the Animal Welfare Act.

[John Spellar (Warley) (Lab)]

I thank the right hon. and learned Gentleman—on this occasion, I will call him my right hon. and learned Friend—for the doggedness with which he has pursued this Bill, and I thank those who have campaigned outside. It is unfortunate that the campaign has been necessary. Surely we should be protecting those who protect us. In this instance, we are talking about police dogs, but the same should apply to uniformed staff and the blue-light services. We should treat attacks on them and attacks on service animals as aggravating circumstances, and the CPS should get that message loud and clear.

[Sir Oliver Heald]

I certainly agree with my friend the right hon. Gentleman. He is right that such attacks are really attacks on those who keep us safe, and it is a pity if that is not adequately recognised in law. I pay tribute to him; in his support for the measure, he has been like an old dog with a bone—[Interruption.] I will not repeat the sedentary comment that has just been made.

I thank Ministers in the Department for Environment, Food and Rural Affairs, particularly Lord Gardiner; my right hon. Friend the Secretary of State; My hon. Friend the Minister for Agriculture, Fisheries and Food, who is the Minister today and who was supportive at an earlier stage; and the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley), who dealt with the Bill in Committee. They have discussed the matter with me at length, and now they are supporting the Bill, which is the outcome of discussions. The Bill follows the example of the Australian Animal Welfare Act, which makes similar provision for service animals. This approach is becoming the norm in advanced countries, and that is good to see.

Clause 1 provides that the consideration in section 4(3)(c)(ii) of the Animal Welfare Act 2006 should be disregarded if the animal was under the control of a relevant officer at the time and was being used by that officer in the course of the officer’s duties, in a way that was reasonable in all the circumstances. A relevant officer is defined as a police constable or a person such as a prison officer who has the powers of a constable, or persons in analogous positions. Clause 2 makes provision for commencement in the normal way. The measure applies to England and Wales, but it is fair to mention that a campaign for Finn’s law to apply in Scotland is gaining ground, and the same is true in Northern Ireland. My hope is that this will become the law across the United Kingdom.

Taken together with the Government’s increase in the animal welfare penalty, this change in the law will mean that for the first time there is suitable protection for service animals and a proper sentence for offenders. Service animals such as Finn do a great job, and there are 1,200 police dogs in service at any time. There should be proper recognition in law of their vital role, and I commend the Bill to the House.

Animal Welfare (Service Animals) Bill (First sitting)

Debate between Lord Spellar and Oliver Heald

Wednesday 16th January 2019 Public Bill Committees

[Sir Oliver Heald (North East Hertfordshire) (Con)]

It is a great pleasure to serve under your chairmanship again, Ms Buck. I know that you will keep us in good order. Thank you very much indeed for allowing Finn, the most decorated police dog in the land, to be here in Committee today.

I thank the hon. Members who have been selected for the Committee. They have all been great supporters of this small but important change in the law. I also thank all those who have campaigned for it, including PC Dave Wardell, Sarah Dixon of the Finn’s law campaign, the many animal charities that have given support, including the International Fund for Animal Welfare, which is represented here today, the media—support for Finn’s law has united The Sun and the Daily Mirror—and every police and crime commissioner in the country. I am grateful, to you, Ms Buck, for agreeing that Finn can sit in, accompanied by PC Wardell.

The Bill, which received its Second Reading on 6 July last year, arises from events that I explained to the House in a ten-minute rule Bill application on 5 December 2017. My constituent, PC Dave Wardell, is a police dog handler from Buntingford, where he lives with his family, Finn, and other dogs. Finn has of course now retired, but on Wednesday 5 October 2016 PC Wardell and Finn were on duty in Stevenage. I am pleased that my hon. Friend the Member for Stevenage, who has been so supportive, is here today.

PC Wardell and Finn were called to a suspected robbery. They followed the suspect, who ran off. He was found hiding in a garden. A light suddenly came on, revealing him. PC Wardell called on him to stop, but the suspect jumped to try to get over a fence, and Finn took hold of his lower leg. The man lunged at Finn with a hunting knife with a 10-inch blade and stabbed Finn right through the chest. He then turned his attention to PC Wardell, and Finn intervened to save the police constable as the blade was aimed towards his face. Finn put himself in the way to save the officer and PC Wardell received a hand wound, but the dog received further serious injuries. PC Wardell believes that Finn saved his life.

As other officers arrived the suspect was apprehended, but Finn was badly injured and bleeding. He was taken to the vet, and then to a specialist vet. He was in terrible shape, with his lungs punctured in four places, yet he was still licking his handler’s hand wound. Finn had a four-hour operation to save his life. The vet commented on the strength and bravery of this dog. PC Wardell slept downstairs with Finn for the next four weeks. I think we are all pleased that Finn made a remarkable recovery. After 11 weeks Finn was ready to go back to work and with PC Wardell he went on their first shift on 22 December 2016. On that occasion—their first outing after the incident—they arrested a fleeing suspect.

Finn is one of the most successful police dogs in the country and is renowned in Hertfordshire. He has won national awards for his bravery, including animal of the year in the IFAW Animal Action awards, hero animal of the year in the Animal Hero awards and the People’s Dispensary for Sick Animals gold medal, which is known as the animals’ George Cross. However, when it came to charging the offender it became clear that there is a problem with the law. For the assault on the officer there was the obvious offence of assault occasioning actual bodily harm, but there were only two potential charges for the injuries to Finn himself: causing unnecessary suffering to an animal, under the Animal Welfare Act 2006, or section 1 of the Criminal Damage Act 1971. Neither offence properly provides for the criminality involved in the attack on Finn.

In the event, the charge was criminal damage, but that treated Finn as though he was simply a piece of damaged police property, like a police radio or something of the sort. The Minister for Policing and the Fire Service, my right hon. Friend the Member for Ruislip, Northwood and Pinner (Mr Hurd), told me in a letter that it is unpalatable to think of police animals simply as equipment. Criminal damage is an offence for which the penalty is largely determined by the value of the damaged property—a seven-year-old police dog close to retirement is not worth much money—and so it proved at court, where no separate penalty was imposed on Finn’s attacker for the attack on the dog.

The offence under section 4 of the Animal Welfare Act 2006 is potentially a better route, but it has two problems at the moment. The first is that the maximum penalty is only six months’ imprisonment. After a consultation, which I think was partly based on what happened to Finn, the Government have committed to increase the maximum penalty to five years’ imprisonment. That still leaves the other issue, which is that there is a difficulty with the application of section 4(3)(c)(ii) of the Animal Welfare Act. Various factors must be taken into account in deciding whether the infliction of suffering to an animal can be considered unnecessary, including protection of a person or property. There is currently no reference at all in the Act to the particular role of service animals.

Clearly, the mission of a service animal is to restrain a suspect or use its physical presence to support the actions of an officer in accordance with his or her duty, but there is no reference to that role in the Act. We have heard from police dog handlers, prosecutors and all the police and crime commissioners in the country that there is concern that that provision allows defendants to argue that they are justified in applying force against a service animal in self-defence, rendering the force necessary. That has been an issue in deciding not to prosecute for the offence under the Animal Welfare Act.

I want to thank Department for Environment, Food and Rural Affairs Ministers, particularly Lord Gardiner, my right hon. Friend the Member for Surrey Heath (Michael Gove), and the Minister—he and I have a long history of considering animal welfare issues, going back to the 1990s—for discussing this issue with me at length and for supporting the Bill, which is the outcome of those discussions. This Bill follows the example of the Australian Animal Welfare Act, which makes specific provision for service animals. I could add that this approach is becoming the norm in advanced countries, and that is a good thing.

Clause 1 provides that the consideration in section 4(3)(c)(ii) of the Animal Welfare Act should be disregarded if the animal was under the control of a relevant officer at the time of the conduct, and was being used by the officer in the course of their duties in a way that was reasonable in all the circumstances. A relevant officer is defined as a police constable or person such as a prison officer, who has the powers of a constable, or persons in analogous positions. It also provides that Ministers can add to that list.

Clause 2 makes provision for commencement and formalities. It applies to England and Wales. This change to the law, when taken together with the Government’s increase in the animal welfare penalty, will mean that there is, for the first time, suitable protection for service animals and a proper sentence for offenders.

Service animals such as Finn do a great job. There are 1,200 police dogs in service at any one time, and there should be proper recognition in the law of their vital role.

[John Spellar (Warley) (Lab)]

Before the right hon. and learned Gentleman finishes, may I, on behalf of many colleagues—not just those on the Committee—commend him not only for introducing this Bill but for the tenacity with which he has finally brought it to Committee? I hope, now that we have reached this stage, that it will speedily move through our House and the House of Lords.

[Sir Oliver Heald]

I thank the right hon. Gentleman for that. Sometimes the House can come together and do good things, and this is an example of that. Perhaps we will see other examples before too long. I thank him and I commend the Bill and clauses 1 and 2 to the Committee.