RSPCA (Prosecutions)

Debate between Alison Seabeck and Simon Hart

Tuesday 29th January 2013 Westminster Hall

[Alison Seabeck (Plymouth, Moor View) (Lab)]

It is good that the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) has secured this debate, because it is important that we both discuss how prosecutions are pursued and address the allegations made against one of the country’s most admired charities. I make it clear that I am not a member of the RSPCA and never have been.

The RSPCA is a vital member of our charitable sector and its work across the country is invaluable and widely appreciated. The RSPCA is supported, for a range of reasons, by Members of all parties. I know, as do most MPs, just how important the RSPCA’s campaigns are for my constituents, who care about animal welfare and who welcome the opportunity through their membership to ensure that their concerns are heard. I have never felt that a campaign to highlight animal cruelty, bad practice and neglect has been run for purely political reasons. Under the Labour Government there were innumerable campaigns to raise awareness and to enable MPs to ask questions and seek answers from Ministers. It is absolutely right for a charity to inform Members of this House, because, ultimately, we are the people who write the laws.

The main thrust of the RSPCA’s work is to investigate, thereby hopefully changing behaviour and making people aware of the mistreatment of pets and livestock. So much mistreatment arises from ignorance. However, there are those who are only too aware that their actions are outside the law and that they are laying themselves open to prosecution, private or otherwise.

The RSPCA’s investigations rarely end in prosecution, and it is important to emphasise that the RSPCA’s prosecutions department is independent and separate from the investigators. The RSPCA had every right to investigate and prosecute the Heythrop hunt and those involved in the maiming of foxes last year.

Those seeking to criticise the work of the RSPCA, and ultimately defend hunting as a sport, have pointed to the significant figure that the RSPCA spent on the case to bring about, in their view, a fairly insignificant punishment. Criticising the RSPCA for pursuing political motivations in bringing the prosecution is completely unfair. The RSPCA does not prosecute unless there is just cause, and it considers the public interest test of the code for Crown prosecutors before deciding whether to prosecute. The RSPCA is supported by, and has good relationships with, Members on both sides of the House.

I listened to the hon. Member for Carmarthen West and South Pembrokeshire in the early hours of this morning on Radio 4, when he talked about the RSPCA being the only charity that seems to be pursuing—[Interruption.] As my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) says from a sedentary position, that is not true. We should remember that, historically, charities such as Shelter and the National Society for the Prevention of Cruelty to Children have faced persistent allegations of the politicisation of their work. Both charities have assisted or encouraged prosecutions, in Shelter’s case against rogue landlords and in the NSPCC’s case to protect another group that is unable to protect itself—children.

We make the laws in this place, and we make them for a reason. We do not sit here and make laws just for fun. Laws are there for a reason, and if they are broken, there are consequences, irrespective of whether someone is Joe Bloggs or a member of the Heythrop hunt.

[Simon Hart]

In some cases, the charities the hon. Lady mentions have not brought private prosecutions for nearly 20 years. Will she share what the reasons for that might be? Will she also comment on the fact that the Charity Commission has today instructed the RSPCA to review its prosecuting procedures?

[Alison Seabeck]

The hon. Gentleman is being extremely partial in his interpretation of the Charity Commission’s letter. Yes, the Charity Commission pointed out to the RSPCA the role of its trustees, but it has also stated that it will not investigate the RSPCA, which is testament to the fact that the RSPCA acted within its remit and has a right to private prosecution.

The prosecution could not have happened without the work of the RSPCA. If its powers are revoked in any way, hundreds of cases of animal cruelty in the UK will go unchallenged each year. Its role is vital. The hon. Member for Montgomeryshire (Glyn Davies) suggested that it ought to concentrate on animal welfare. The bulk of what the RSPCA does is on animal welfare, and to suggest otherwise is grossly misleading. That work would not be carried out by any other body. The Association of Chief Police Officers has stated that if the RSPCA were to decide not to do it, no other public service could pick it up, and animal welfare would be significantly damaged.

I am a south-west MP, so the matter is important to my constituency. One reason why I wanted to speak today was the weight of interest among my constituents. Public opinion on fox hunting is divided in my constituency, as it is elsewhere in the country. This is not about fox hunting; it is about prosecutions and the RSPCA’s ability to continue taking prosecutions forward where it thinks they are appropriate.

I do not support hunting, but neither do I condone illegal behaviour by those who are either pro or anti-hunting. I want our legal system to be the guardian. The RSPCA’s decision to test that in the courts was, in my view, absolutely the right thing to do. I hope that the Attorney-General will not be chased to ground by the baying pack of Back Benchers sitting behind him.