Animal Welfare (Sentencing) Bill

Lord Randall of Uxbridge Excerpts

2nd reading
Friday 16th April 2021 Lords Chamber

Moved by

[Lord Randall of Uxbridge]

That the Bill be now read a second time.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I beg to move that this Bill be now read a second time. I am delighted to be able to sponsor this Bill as it passes through your Lordships’ House. I pay tribute to my honourable friend in the other place, Chris Loder, who has successfully steered the Bill through all its stages there—no easy task.

The Bill realises an important commitment from the Government on animal welfare, assists the courts in their essential work and helps to keep this country at the forefront of the care and protection of animals. I also mention Anna Turley, who is no longer an MP but introduced an earlier version of this Bill during her time in the other place.

Every animal deserves to live a dignified life and we should act conscientiously, while acknowledging that this is an emotive subject, to ensure that this is the case. We have an obligation to provide for the welfare needs of animals we have control over, which should be safe in our care, whether they be as pets or farm animals or in other captive environments.

Like many Members in the other place and in your Lordships’ House, we have pets that have been a constant companion to us, particularly in these rather testing Covid times. My own rescue hound was provided by a local gentleman, Roger Warren, who rescued our saluki/whippet cross as a puppy in a pitiful condition and nursed her back to health. Anyone seeing her today would not realise her terrible past. Mr Warren, who has rescued many dogs and many other animals, told me about the incredible cruelty that he has seen, including greyhounds that have had their paws smashed with a hammer.

Under the Animal Welfare Act 2006 the maximum penalty for animal cruelty offences is six months’ imprisonment and/or an unlimited fine. The Bill would increase the maximum sentence for those convicted of the worst animal cruelty offences in England and Wales from six months to five years. It is a straightforward but much-needed measure that would ensure that those who harm an animal by, for example, causing unnecessary suffering, mutilation or poisoning face the full force of the law. That would include cases of systematic cruelty such as the deliberate, premeditated and sadistic behaviour of ruthless individuals and gangs who use dogfighting to fuel organised crime. The Bill would mean that English and Welsh courts had sentences at their disposal commensurate to the most serious cases so that the punishment could fit the crime. That would send a clear signal that there is no place for animal cruelty in this country.

My association with the Bill began when I was a special adviser to the then Prime Minister, Theresa May. I convened and chaired a round table on the subject, hearing the views of a coalition of animal welfare organisations such as the League Against Cruel Sports; the RSPCA; Battersea Dogs and Cats; the Humane Society International; Compassion in World Farming; IFAW; Cats Protection; Dogs Trust; A-Law, the UK Centre for UK Law; Blue Cross; and World Horse Welfare. I commend their effectiveness in supporting the Bill and the increased maximum penalties that it would provide. I particularly thank Andy Knott, the CEO of the League Against Cruel Sports, for his constructive and pragmatic approach to the Bill and for undertaking a lot of the heavy lifting with coalition members.

I want to recognise the many individual members of the public who collectively fill our postbags and sign e-petitions each year concerning animal welfare issues. I particularly want to mention the pupils of Redhill Preparatory School in Haverfordwest, who recently wrote many individual letters to me. Their deputy head teacher, Vicky Brown, should be congratulated on getting her pupils involved in the democratic process.

The legal and moral imperative that this important Bill addresses and the support it has already received are why I regard it as a privilege to be able to sponsor its passage through this House. The Bill would amend Section 32 of the Animal Welfare Act 2006, which currently sets out a maximum penalty of six months’ imprisonment and/or an unlimited fine for the more serious “prevention of harm” offences.

The current sentence is much lower than the European average for animal welfare offences, which is two years, and many countries have much higher maximum penalties. Northern Ireland has a maximum penalty for animal cruelty offences of five years’ imprisonment, set in August 2016, and the Scottish Parliament passed a Bill in June 2020 to implement a five-year penalty within Scotland. I am pleased to say that this Bill would ensure that England and Wales also had one of the toughest punishments in the world, bringing us into line with the penalties available in other countries including Australia, Canada, New Zealand, India and Latvia, which all have a maximum of five years’ imprisonment.

There have been several cases where very serious cruelty had been inflicted on animals and, in sentencing, the judges were clear that they would have imposed a higher penalty or a custodial sentence had the Animal Welfare Act made provision for that. A man was convicted of causing unnecessary suffering to his cat. He committed several appalling acts including burning the cat, attempting to flush her down the toilet, attempting to strangle her and throwing her against a wall. He was sentenced to 18 weeks’ custody suspended for two years, banned from keeping pets for 10 years and ordered to pay £440 in costs. In another example a man deliberately set his dog on a pet cat, which was mauled to death. He was jailed for 18 weeks after admitting causing cruelty and banned from keeping animals for life. The comments of the judiciary in these examples are telling. In the first case the magistrate said that the offender was “extremely dangerous” and that she would have liked to have put him in prison for as long as she could. In the second case the chairman of the Bench said when passing sentence that

“we would if we were actually permitted to do so have imposed a far greater custodial sentence.”

Aside from the cases tried in our courts every year, animal welfare organisations complete important work in rescuing and rehoming animals. In many cases those animals have arrived at their door because the owners have suffered a change in circumstances, but others have been rescued from the most appalling acts of violence. Some of the animals that welfare organisations receive must then be nursed back to health over lengthy periods. Providing that care costs rehoming centres, often established on a not-for-profit basis, many thousands of pounds in veterinary bills. We need to strongly discourage people from committing such acts in the first place.

The Animal Welfare Act is very effective legislation under which some 800 people are successfully prosecuted every year for animal cruelty. In that respect the Act is serving our animals well but, as with any law, we need to revise it when there are improvements to be made, and that includes revising its penalties. As a result, and to address the previously mentioned issues of dogfighting, comments from the judiciary and the cost to animal welfare organisations, I and many others, including the Government, believe it is high time that animals were offered more robust protections. Offenders should face tougher sentences for causing harm to animals.

I know that many noble Lords have spoken up for animal welfare over the years, and I am sure they will do so again. I hope that with their assistance we can see this Bill reach the statute book and provide the protection that animals in our care or under our control deserve. This will secure an improvement not just to animal welfare but to society through a reduction in the instances of animal cruelty and criminality.

The Animal Welfare (Sentencing) Bill is a simple one amounting to just two clauses. Clause 1 is the focus of the Bill. It outlines the mode of trial and maximum penalty for certain animal welfare offences. As I have previously outlined, under the Animal Welfare Act the maximum penalty is currently six months and/or an unlimited fine. Clause 1 would change the maximum custodial sentence available for the five key offences defined as “prevention of harm”. Under Clause 1 the existing maximum penalty of six months would still apply in cases where offenders were summarily convicted. However, where offenders were convicted at a trial heard at the Crown Court, they might now receive a higher penalty of up to five years imprisonment and/or an unlimited fine.

Clause 2 provides for the Bill to extend to England and Wales, arrangements for its commencement and the Short Title. Animal welfare is a fully devolved matter but in the case of this Bill the Welsh Government have confirmed that the new maximum penalty should also apply in Wales, and the Bill is drafted on that basis. The Bill is set to come into force after two months if it receives Royal Assent. The revised maximum penalties are not retrospective so would not apply to offences committed before the Bill came into force.

The public care passionately about the welfare of animals. Making sure that the way in which we treat animals reflects who we are as a nation is a priority for the people, illustrated by the great lengths to which they go in petitioning the Government on the subject. The Bill would be a significant step towards ensuring that our courts had the appropriate tools to respond to those who inflict deliberate suffering on innocent animals.

The current maximum penalty is too low and has been so for too long. Increasing it would be a relatively simple step that would align England and Wales with Scotland and Northern Ireland. While we are a world leader on many animal welfare issues, it is important to implement this measure, which would put our sentencing regime on a par with other leading nations. The Bill would let animal abusers know that they could not escape serious penalties where serious acts of animal cruelty were committed. For those who undertake illegal activities such as organised dogfighting and systematic cruelty towards animals, it is only right that sentences be in years rather than months.

To sum up, the Bill is of great importance to the House, to the animal welfare community and to the public. We need to increase the maximum penalty so that it offers appropriate custodial sentences and provides a strong deterrent in line with the maximum penalties for other criminal offences. I beg to move.

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[Lord Randall of Uxbridge (Con) [V]]

My Lords, I take this opportunity to thank all noble Lords for their considered and important contributions. I sincerely thank the Minister for confirming the Government’s continued support for the Bill. I look forward to guiding it, I hope, through its remaining stages. Lastly, I extend my thanks to all those many outside the House who have supported the Bill, and the many charities and other organisations which have proven to be long-standing and tireless advocates for animals. I mentioned many of them in my earlier remarks but would like to mention, too, Lorraine Platt of the Conservative Animal Welfare Foundation. I also sincerely thank my noble friend Lord Shrewsbury. He also put his name forward as a potential sponsor for the Bill but graciously deferred to me. I am only a very junior Member of your Lordships’ House so it is a great privilege to do this. I commend their effectiveness in supporting this Bill and the increased maximum penalties it will provide.

I recognise the many individual members of the public who collectively fill postbags and sign e-petitions each year concerning animal welfare issues. These supporters of animal welfare ensure that discussion is kept current and moving, and that parliamentarians are kept abreast of emerging issues so that they can be raised with the Government. Many of these individuals have been calling for an increase in the maximum penalty for animal cruelty for several years. They will no doubt watch the Bill’s progress keenly.

I also thank the officials in Defra and the Government Whips’ Office who have helped me with details of procedure. Once again, in expressing my gratitude to all noble Lords who have taken part today, and particularly my noble friend the Minister, I sincerely hope that the House will give the Bill a Second Reading this afternoon.

Bill read a second time and committed to a Committee of the Whole House.

St Vincent: Volcanic Eruption

Lord Randall of Uxbridge Excerpts

Wednesday 14th April 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, we are working with all international agencies, including the United Nations, but I reiterate that the lead agency on disaster response is CDEMA. We are working constructively on all elements including immediate responses, medium-term responses and additional responses that will be required.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I declare my interest as a vice-president of Fauna & Flora International. While I completely understand that the priority must be the safety of the islanders and their economy, may I gently remind my noble friend of the unique endemic wildlife, such as the St Vincent parrot? Will Her Majesty’s Government consider what assistance they can offer in due course to the various NGOs to ensure that the endemic wildlife of the island is conserved and protected from any potential accidental introduction of non-native species by those providing much-needed relief to the island?

[Lord Ahmad of Wimbledon (Con)]

My Lords, I always welcome gentle reminders from my noble friend. I assure him that we recognise the importance of biodiversity, especially in the context of climate change and our chairmanship of COP26. He made some notable suggestions and recommendations and I certainly look to take them forward.

Tuberculosis

Lord Randall of Uxbridge Excerpts

Wednesday 24th March 2021 Lords Chamber

[Lord Goldsmith of Richmond Park (Con) [V]]

My noble friend makes a really important point. It has been the Government’s view for some time that investing in family planning is an extraordinarily important way to empower particularly women and girls in vulnerable communities. There is also a direct link between empowering women and girls and consequently enabling families to make decisions for themselves on their own terms in relation to the size of their families. For many reasons, investing in family planning has always been a priority, and I assure my noble friend that it will continue to be.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I was pleased to hear from the Minister what the Government are doing. There is a real urgency to tackle this disease worldwide, not least because we are acutely aware of how easily disease can spread rapidly across borders. Does my noble friend have access to any figures regarding the number of TB cases in the UK in recent years, and whether the disease is on the increase here? He may have to ask his colleagues in the Department of Health about this.

[Lord Goldsmith of Richmond Park (Con) [V]]

I am afraid that I cannot give accurate figures, but they do exist—I have seen them, but I do not want to mislead the House. I will get back to my noble friend after consulting with the Department of Health. The numbers are very small, certainly in comparison with any of the target countries that we focus on through our ODA.

Heather and Grass etc. Burning (England) Regulations 2021

Lord Randall of Uxbridge Excerpts

Thursday 18th March 2021 Lords Chamber

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I declare my interest as a council member of the RSPB as well as my other environmental interests. These regulations have been a rather long time in coming forward. Without seeming to be too mealy-mouthed, quite frankly, they are disappointing, to say the least. I welcome them as far as they go, but they needed to be more wide-ranging. As my noble friend Lord Benyon said, the real answer to this is to ensure that the wetlands are restored to their wet state. Wetting will reduce heather growth and increase sphagnum growth. Increased wetting will also reduce the effect of wildfires. My disappointment with these restrictions is that they extend to a very limited number of areas only and even then there are potential exclusions from the banning of burning. Blanket bogs are an incredible natural ecosystem, as I think we all agree. They must be restored to their natural state. I fear we cannot do this with such a limited designation. If this ban is justifiable on SSSIs because it is beneficial, why not elsewhere?

Several noble Lords have mentioned that burning helps with the breeding success of wildlife, notably waders. However, I believe that such success is more a result of active predator control in those areas, as my noble friend Lord Robathan, observed. When it is done legally I have no great objection to it, but what I have a huge objection to is the totally illegal persecution of birds of prey which is more akin to the Victorian era, but those practices are still prevalent in pockets of our uplands. I add that those practices besmirch the reputation of the many gamekeepers who do not flout the law and manage the countryside well.

Finally, I say to those who use the burning of our precious peatlands in order to maximise the number of red grouse to shoot that I have visited uplands in Norway where such burning does not occur and which sustain healthy populations of willow grouse, which, as many noble Lords will know, is the same species as the red grouse. However, this debate should not be a dispute between those for and against grouse shooting. We need more concerted efforts to restore our blanket bogs. I do not take any pleasure in saying that if the noble Baroness pushes her Motion to a vote, I will join her in regretting that these regulations are inadequate and confusing. We should be doing far more.

Anti-slavery Projects: Commonwealth

Lord Randall of Uxbridge Excerpts

Thursday 4th March 2021 Grand Committee

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I declare an interest as the deputy chairman of the Human Trafficking Foundation. In this extremely short contribution, I will simply make a practical suggestion regarding modern slavery in supply chains—something we should be clamping down on. My noble friend should look into what the US has done to try to remedy this in respect of what it calls “hot goods”, that is to say goods that are produced by forced labour. They have the following clause in their legislation:

“All goods, wares, articles, and merchandise mined, produced, or manufactured wholly or in part in any foreign country by convict labor or/and forced labor or/and indentured labor under penal sanctions shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited”.


This seems a very useful idea, and perhaps something that we could still insert in the Trade Bill.

Overseas Territories: Humanitarian and Disaster Relief

Lord Randall of Uxbridge Excerpts

Tuesday 9th February 2021 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, as the Minister for the Overseas Territories, I assure the noble Lord that I have a loud voice in the Government, and I will ensure we do just that.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I declare my interest as a trustee of the UK Overseas Territories Conservation Forum. My noble friend the Minister will be aware of the environmental disaster affecting the coral reefs in the Caribbean, caused by stony coral tissue loss disease. This will have an enormous knock-on effect on tourism and, consequently, the economy of these overseas territories. Our noble friend Lord Goldsmith of Richmond is being extremely helpful with the environmental side, but will the Minister look into what further the FCDO can do to assist and avert what potentially could be a real disaster for those overseas territories?

[Lord Ahmad of Wimbledon (Con)]

I assure my noble friend that my noble friend Lord Goldsmith does not carry responsibilities only in Defra; he is also a Minister at the FCDO, and his views are well represented in our discussions on the point that my noble friend raises.

Biodiversity: Impact of Neonicotinoids

Lord Randall of Uxbridge Excerpts

Thursday 14th January 2021 Lords Chamber

Asked by

[Lord Randall of Uxbridge]

To ask Her Majesty’s Government what assessment they made of the impact on biodiversity of the decision to grant authorisation to use a product containing a neonicotinoid to treat sugar beet in 2021.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

The Government considered the impact on biodiversity and the environment posed by the use of the product Cruiser SB on the basis of expert scientific assessment. The Government concluded that, when mitigated by the strict conditions attached to the emergency authorisations, the impacts were outweighed by the benefits of use. The Government remain committed to tight controls on neonicotinoids and have no intention of lifting the restrictions that were put in place in 2018.

[Lord Randall of Uxbridge (Con) [V]]

I draw attention to my environmental interests, as laid down in the register. My noble friend cannot be unaware of the immense frustration, and even anger, felt by many at this decision. While I understand the plight of beet growers, can he acknowledge that there are no safeguards to prevent this dangerous substance entering watercourses? Even his own department acknowledges that this treatment is massively harmful to wildlife. Will my noble friend commit to publishing the NFU 2020 application and any detailed advice from the UK Expert Committee on Pesticides and English Nature, so that we can have full transparency to understand the decision-making process?

[Lord Goldsmith of Richmond Park (Con) [V]]

I will certainly convey the noble Lord’s request in relation to the NFU application, but I am afraid that is not a decision I can make here and now. The Government are committed, in the way that they were last month, last year and the year before, to the neonicotinoid restrictions that were put in place in 2018. This emergency authorisation has been approved for a very limited period for one specific crop, sugar beet, which does not flower and is grown only in the east of England. Tight controls are part of the conditions of the authorisation to minimise environmental and biodiversity impacts.

Malaria Vaccine

Lord Randall of Uxbridge Excerpts

Wednesday 9th December 2020 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I cannot provide the noble Lord with specific numbers at this time, as I said earlier. However, we should not only bank but look to strengthen the successes we have seen in fighting malaria. We have provided extensive support, particularly through multilateral organisations, and there are programmes that work well, but some perhaps not as well as was intended. In the ODA scoping exercise, we want to ensure that we get the maximum return from the important steps forward and progress made in relation to malaria so that we can continue to provide the most vulnerable in the world with the support that they need—particularly because, as the noble Lord knows, those impacted by malaria are primarily in the developing world and are often mothers, pregnant women and young children.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, I am delighted to hear of Her Majesty’s Government’s ongoing commitment in this area. If or—let us hope—when this breakthrough comes, can my noble friend assure me, as best he can, that our commitment will even include delivering the vaccine to make sure that it gets to all those countries? Will we work with other European countries to ensure that it goes to those sub-Saharan countries?

[Lord Ahmad of Wimbledon (Con)]

My Lords, my noble friend is right to raise the issue of distribution—I must admit that, with the current pandemic, I have been on a journey in relation to learning about the distribution of vaccines. I have also been heartened to hear that some of the areas I cover, such as Pakistan, have been able to take what they have learned from polio eradication and vaccine distribution and apply that to the Covid-19 challenge. It is that kind of positive engagement and learning that we need to ensure that, in the hardest parts of the world, including sub-Saharan Africa, where it is difficult to reach the most vulnerable, we can apply what we have learned and work with key partners to deliver that vaccine, as my noble friend said.

Convention on Biological Diversity

Lord Randall of Uxbridge Excerpts

Monday 7th December 2020 Lords Chamber

Asked by

[Lord Randall of Uxbridge]

To ask Her Majesty’s Government what preparations they are making for participation in the fifteenth meeting of the Conference of the Parties to the Convention on Biological Diversity.

[The Minister of State, Department for the Environment, Food and Rural Affairs and Foreign, Commonwealth and Development Office (Lord Goldsmith of Richmond Park) (Con) [V]]

My Lords, the UK has clear ambitions for the global biodiversity targets to be agreed at CBD COP 15. Despite delays to the international timetable due to Covid, we are engaging fully in the negotiation process. We are working internationally—including through the Leaders’ Pledge for Nature and the UK-led Global Ocean Alliance, and in our role as ocean co-chair of the High Ambition Coalition—to secure support for our objectives, and will continue to leverage opportunities at all levels as we approach COP 15.

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[Lord Randall of Uxbridge (Con)]

I thank my noble friend for his answer and draw attention to my environmental interest as in the register. Next year’s CBD will be a crucial opportunity for the nations of the world to address the worsening biodiversity crisis. Can my noble friend assure me that Her Majesty’s Government will be as ambitious on this as they have been on climate measures, not least by setting robust targets to halt and reverse the decline in species and habitats by 2030, committing to protect what we already have and creating not just new woodlands but also wetlands and grasslands?

[Lord Goldsmith of Richmond Park (Con) [V]]

The UK is absolutely committed to playing a leading role in developing the highest possible ambition in relation to the post-2020 global framework for biodiversity at the CBD. Our overarching ambition is targets that, as my noble friend says, will halt and reverse global biodiversity loss and, crucially, that will be underpinned by clear accountability and implementation mechanisms. Because we see no real distinction between climate change and our environmental obligations, we are committed to ensuring as clear a link as possible between those two conventions. Climate change represents perhaps the greatest threat that we face, and global biodiversity is being lost at an appalling and unprecedented rate. We cannot tackle one without a major focus on the other, and that is reflected in all our ambitions.

Hong Kong: Legislative Council

Lord Randall of Uxbridge Excerpts

Thursday 12th November 2020 Lords Chamber

[Lord Ahmad of Wimbledon (Con)]

My Lords, I totally concur with the noble Baroness. There has been an increasing decline, and this is the second major shift this year with the introduction of the national security law and the suspension of democratically elected legislators. She raises an important point about the independence of the judiciary. Again, the national security law raises real concerns, as under it the Chief Executive now has the right to appoint judges as well. We will continue to raise that issue and our concern with China directly.

[Lord Randall of Uxbridge (Con) [V]]

My Lords, this is an extremely serious development and I am sure that Her Majesty’s Government are working hard with international partners to ensure that democracy and human rights—and indeed freedom of speech—are maintained in Hong Kong. I have previously raised the fact that two crucial events are coming up where China has a leading role to play. As well as the COP next year there is the equally important meeting on the Convention on Biological Diversity, which China is hosting. Does my noble friend think that the prospects of these two global events are in any way endangered by these events in Hong Kong?

[Lord Ahmad of Wimbledon (Con)]

My Lords, China is an important partner and my noble friend is quite right to raise the two events coming up next year. We continue to work strategically and importantly on the priorities of the environment as a key issue in the lead-up to COP 26. However, events like this indeed hinder the relationship that we are seeking to build bilaterally with China.