Control of Horses Bill

Debate between Lord Garnier and George Eustice

Friday 24th October 2014 Commons Chamber

[George Eustice]

From listening to the animal welfare charities, we know that part of the problem has undoubtedly been a lot of irresponsible breeding of horses. Horses are being bred for whom there is no market. Sadly, they are then abandoned by people who, frankly, are not fit to own horses in the first place.

I want to move on to the central feature of my hon. Friend’s Bill, which is the length of time that an animal must be detained before it can be sold. One difficulty created by the 1971 Act is that it requires the person who detains a horse to look after it for up to 14 days. During that time, they are responsible for its welfare and for preventing it from straying, and they are liable for any costs incurred. The Bill would permit the disposal of horses after the equivalent of four working days, rather than the present 14 days. We think that four working days strikes a good balance: it is lower than the figure of seven days that applies in Wales and, to respond to the point made by my hon. and learned Friend the Member for Harborough (Sir Edward Garnier), it will significantly reduce the cost to both local authorities and landowners of intervening in such cases, because they can sell or dispose of an animal after only four working days.

There are consequential amendments that must be made to the 1971 Act, one of which relates to the point that was put to me by my hon. and learned Friend the Member for Harborough about the requirement to give the police notice that one has detained a horse within 24 hours. In addition to the point that was made by my hon. Friend the Member for York Outer, it is worth pointing out that currently, notice must be given within three days. We think that it is proportionate to reduce the deadline to 24 hours, given that we have condensed the period of detention. There is a requirement to give notice to the police so that if they receive a report of a horse going missing, they can reconcile it with the report of fly-grazing, and thereby reunite ponies and horses with their legitimate owners who have just managed to mislay them.

[Sir Edward Garnier]

I am grateful to the Minister and my hon. Friend the Member for York Outer for clearing up the point about the police. When the Bill becomes an Act, would it be worth issuing guidance to local authorities and police authorities on informing local hunts of the existence or whereabouts of detained horses, because they have facilities to help with the removal of horses, dead and alive?

[George Eustice]

That is something that may be considered when the Bill is, I hope, enacted.

The animal welfare codes recommend that a horse that is being kept should be tended to at least once a day to check that its welfare needs are met. We feel that the 24-hour notice period is reasonable because the legitimate owner of an animal would realise that they did not have the animal quite quickly. If the police are notified within 24 hours and there is a four-working-day period of detention, it will enable them to reunite the legitimate owners of a horse with their animal.

In common with the 1971 Act, when a detained horse is sold and there is money left over from the sale, any excess money, after the costs of the sale and of keeping the horse are deducted, can be claimed by the horse owner. For the most part, the horses that we are talking about will probably be of such low value that it is unlikely that there will be any money left after the sale.

The final element that I want to touch on relates to the concerns of welfare charities about the ambiguity of the definition of “stray” horses. Although the position has never been tested in the courts, the Bill seeks to address the concern that the 1971 Act is not designed to deal with deliberately placed horses. Clarifying the definition by making it clear that it includes horses that are there without legal authority is an important step forward.