(2 weeks, 6 days ago)
Lords ChamberMy Lords, Amendment 121 seeks to probe and address the inadequate definition of “pet” in the Bill, which has already been mentioned by a number of noble Lords during this debate. Part 1, Chapter 1, Clause 12(2) inserts the following definition into Section 45(1) of the Housing Act 1988:
“‘pet’ means an animal kept by a person mainly for … personal interest … companionship … ornamental purposes … or any combination”
of those. My Amendment 121 seeks to probe whether pets that are considered dangerous and/or wild animals under the Dangerous Wild Animals Act 1976 or the Dangerous Dogs Act 1991 should be counted as pets. This might sound like common sense, but I am not convinced that, under the current drafting of the Bill, landlords would not be forced to consider giving consent for unsuitable and, in this case, dangerous animals. These Acts already govern the keeping of dangerous animals, but it is good practice to ensure legal consistency, and it is not clear how they will interact with the Bill before us today.
For example, the Dangerous Wild Animals Act 1976 requires accommodation to be
“suitable as regards construction, size, temperature, lighting, ventilation, drainage and cleanliness”.
If a landlord’s property happens to fit the definition in that legislation, does that mean that an animal included therein would be considered a pet by the definition of this Bill? As we will hear in the next group, damage insurance is problematical, as it is for standard pets. Will any insurance provider give cover for the damage that could be caused by a dangerous animal? If the fact that an animal is dangerous and wild, or falls outside the definition of a pet, can be a reasonable ground for refusal, would it not be simpler to make that explicit by reference to an existing definition and list already in legislation? Why should landlords be required to make independent assessments to justify their refusal?
The Dangerous Dogs Act 1991 is another example. It bans the keeping of specific breeds without an exemption certificate and creates offences for dogs that are out of control or that cause injury or death. Again, it is unclear how this existing legislation interacts with the Bill. If the owner of a banned breed has an exemption certificate, would a landlord be able to refuse the animal in their property? Likewise, if a dog had been deemed dangerously out of control or had injured someone, what risk would this pose to the landlord, their property agents and others who need access? What risk would be considered acceptable, if any?
I hope that the Minister can answer these questions and clarify this matter. If she needs to write to me on any of them, I would be very happy to receive her letter, but I would like to be reassured that this amendment and others we will debate today are being considered as they should be. I beg to move.
My Lords, what is a pet? That is a central question to everything that we are discussing. Some noble Lords will remember that there once was a parrot—a Norwegian Blue, to be precise—that was very sick. In fact, he was so sick, he was a deceased parrot—at least, that is how his new owner perceived it—and no amount of nailing that dead polly’s feet to the perch could change that. How we miss Monty Python.
Perceptions, rather like recollections, may differ, yet this Bill’s definition of a pet depends almost entirely on perception, and I suspect it is likely to cause quite a few ruffled feathers. Therefore, I have put down two amendments—Amendment 131 and the consequential Amendment 132—to prod and probe a little.
First, as the Chief Whip instructed, I declare my interest as a pet owner. Percy is our rescue cat—a very happy puss that has trained my family exceptionally well. So well that, if ever I were to ask my family who they love more, me or Percy, I would soon be looking for lodgings.
As the Explanatory Notes set out:
“The Bill requires landlords not to unreasonably withhold consent”
for tenants to have pets. Despite the split infinitive, I would have thought that that was the right target area: legislation based on what is reasonable. But the Bill goes further and howls at the moon in trying to define a pet. It does this in a very peculiar manner, by defining a pet not by what it is, but by how it is perceived. It offers three definitions, as my noble friend has already pointed out. A pet is defined as an animal kept, first, for mainly personal interest, secondly, for companionship, and thirdly—it is this that my amendment mostly concerns—mainly for ornamental purposes. That is a definition we should consider getting rid of.
What is a pet kept for ornamental purposes? I will take a calf as an example. Currently, the beautiful pastures around my home in Wylye are filled with any number of calves. They are so cute and cuddly, and my grandchildren always want to take one home. But I think we can agree that a calf is not really a pet; it is a would-be cow. Except, it would seem to fall directly under the Bill’s definition of a pet: first, it is personally interesting to my grandchildren; secondly, it is companionable, particularly so long as one has a bottle of milk handy; and thirdly, it is ornamental. A triple whammy.
I remember Margaret Thatcher once cuddled a calf. I was with her in Suffolk on the election trail in 1979 when she picked up this terrified young animal and embraced it. Did the fact that she found it personally interesting or exceptionally ornamental—and, as it happened, amazingly photogenic—make it a protected pet? Could she have taken it home? Apparently, the Daily Mirror paid the farmer £50 to let it know if the poor thing died before polling day. Can you imagine the headlines? “Maggie Thatcher, calf basher”—but I digress. The problem is that once we try to define what a pet is or is not in the way the Bill attempts, we start with a cat’s cradle of confusion and end up with a dog’s dinner. People nowadays get very protective about their pets, and very litigious; we need to take care.
Traditionally, working animals and pets have been regarded as separate categories, but it is not always clear cut. Take Larry, the Downing Street cat: is he not a working animal that is supposed to keep the place free of vermin? Good luck with that. Ever since the Prime Minister’s claim at his party conference that his main mission in life was to free the sausages—Remember that? It was a magical moment—I suspect that Larry has been working even harder to try to track down all those missing sausages.
However, it is the third category that really has me wondering. Clause 12 defines a pet as an animal that is kept for “mainly … ornamental purposes”. Forgive me, but what on earth does that mean? I am confused. Does it mean, for instance, an XL bully dog? I am told that many owners regard them as extremely attractive. It must be the way they smile, or drool. But does that give a tenant an unequivocal right to keep them? I ask the Minister: does the landlord have no grounds to refuse—even if keeping such animals might well cause fear for others, such their neighbours who have children or who own a small dog or cat? As my noble friend Lord Howard of Rising so eloquently pointed out, one pet owner’s rights can become another pet owner’s nightmare.
I should perhaps whimsically point out that for, the purposes of the discussion, I have decided this week to self-identify as a Chihuahua. So, hand on heart and paw on prostate, I say: these definitions are barking mad. I really do not want to end up as breakfast for next door’s bully dog, no matter how cute he looks.
Would it not be enough simply to require both tenant and landlord to be reasonable in the specific circumstances? The Minister keeps coming back to the concept of people being reasonable. That is a much stronger concept, it seems to me, than tying ourselves in knots trying to define what a pet is in the ways that the Bill currently attempts.
Our laws should offer clarity, not confusion. But, no matter how hard we try to nail these definitions to the perch, they will make about as much sense as a dead parrot. So their proper place is not in the Bill but in that great parliamentary litter tray in the sky. I request the Minister to go back and have a much closer look at the definition of a pet.
(2 years ago)
Lords ChamberMy noble friend is absolutely right that we should celebrate the whole generation and that group of communities. Looking at what is happening in London and Birmingham, I am sure that all those communities will be represented and celebrated.
My Lords, is my noble friend aware of the beautiful statue in Waterloo station commemorating the Windrush generation? It shows a father looking forward with ambition and determination, accompanied by a mother and a young daughter looking around with expectation and trepidation. They are standing on a pile of suitcases, which mark all their possessions in the world. There is an accompanying poem called “You Called … We Came”.
I hear the Minister’s reflections on the amount that has already been paid out, but there are still some outstanding claims. One wonders whether it is bureaucratic difficulties, rather than genuine will, driving that. Could not all those outstanding claims be settled almost in an afternoon, with people—including Ministers, with all their genuine determination to get this fixed—sat around a table, rather than having the ongoing questions that the noble Baroness, Lady Chakrabarti, has asked about when this will finally be settled?
(4 years, 1 month ago)
Grand CommitteeMy Lords, on inclusion, I want to start with the Sewell report, which was long in preparation and deep in analysis. It concluded that, although of course there is still much we need to do, we are more tolerant and inclusive than some pretend. Yet even before the ink was dry, let alone read, the professional intolerants—the muck-spreaders—piled in to demean and diminish both the report and its excellent authors.
Everywhere that decent democratic people gather, the extremists try to infiltrate: into the Black Lives Matter movement; into Extinction Rebellion; into our schools and universities; even into our vaccination programme. The militants and wreckers—for that is what they are— are the real racists. They are the ones who try to divide, not include. They do not care about the facts. They simply insist on their truth, supported by nothing but their ignorance and opportunism. How long before our vaccination programme is accused of being institutionally racist? Forgive me: of course, it already is.
This country is changing. It is getting better. It is growing more tolerant and more inclusive. Anyone with a memory that goes back further than yesterday’s breakfast has seen the evidence with their own eyes. Is there more to do? Always, but work is in progress—and what progress since the days when ignorant racial commentary was used wholesale in our pubs, playgrounds and places of work. We were not being wicked; we simply did not know any better. Now we do.
Today, the biggest exploiters of racism are those who accuse everything in Britain of being institutionally racist—even the Royal Family, even though Her Majesty the Queen is the hugely successful head of the multiracial Commonwealth. Britain is one of the most generous nations on the planet in terms of foreign aid and charitable giving, yet apparently—allegedly—we are institutionally racist. It is a very strange way of showing it. This is a tolerant country. This is a compassionate country. During the past 15 years, 9 million immigrants have come here. They did not come here because they believed that they would be attacked, abused and tormented; that is what they were fleeing from.
The biggest threat to inclusion in this country is good men and women remaining silent and passing by on the other side. That is why I am so grateful to the noble Baroness, Lady Lister of Burtersett, for facilitating this debate. We will not remain silent while zealots try to pull our country to pieces. We will succeed. They will fail. To lean on the words of a very great man, I look forward to the day when our children and grandchildren can look into the eyes of their neighbours and judge them not by the colour of their skin but by their character and conduct. I believe that that day is closer than we think and I welcome it.
(4 years, 8 months ago)
Lords ChamberMy Lords, I think I have already pointed out that training will be developed in consultation with local authorities and worked through locally. Under the new burdens doctrine, we will always look to deal with funding pressures, and more will be announced in due course.
I hope my noble friend will forgive me, but this sounds like a most un-Conservative policy that is potentially a really terrible idea. “Marshals” is a terrible name, to start with. Last Wednesday, the Prime Minister said that these marshals will be appointed to “ensure”—not advise, assist or support—social distancing in our communities. He made it sound like Dodge City. Could my noble friend please calm my racing heart by telling the House what training the marshals will have to ensure that they enforce the regulations? Perhaps most important of all, what is to prevent too many of these largely self-appointed law enforcers becoming busybodies, score-settlers and simply social gunslingers?
My Lords, it is fair to say that in many of the areas where marshals have been used, they have not been called marshals but stewards, wardens or ambassadors, and they welcome people to the local area. This is about improving compliance, as opposed to the existing enforcement arm of the state. We are seeing great successes in a number of diverse places, and we will build on that.