Animals (Penalty Notices) Bill

Andrew Rosindell Excerpts

2nd reading
Friday 29th October 2021 Commons Chamber

[Andrew Rosindell (Romford) (Con)]

I beg to move, That the Bill be read a Second time.

As chairman of the all-party parliamentary group on zoos and aquariums, a former shadow Minister for animal welfare and a committed advocate for the care and protection of animals, I am proud to be given the opportunity to sponsor this Bill. I want to thank all MPs who have co-sponsored my Bill, but there is one MP I want to thank in particular, and that is the greatest advocate for animal welfare I believe this House has ever seen—the man who should have been with Vivienne yesterday as she strutted her stuff around Victoria Gardens and was crowned winner of the 2021 Westminster dog of the year contest, my friend and our dearly missed colleague, Sir David Amess. Had he not been taken from us, he would most certainly have been here today supporting the Bill that I now lay before the House.

As a nation of animal lovers, we must not tolerate those who present a threat to the health and welfare of animals in England, or of course across our United Kingdom. We are proud of our world-leading standards and we continually strive to improve and maintain our position as world leaders in animal welfare. We already have effective, detailed and powerful laws to maintain the health and welfare of our animals, the quality of our animal products and the biosecurity of our nation. However, we lack a system of penalties to redirect behaviour when those with animals in their care are not doing things quite right. We are lacking an option that can sit between warning letters and criminal prosecution. I believe that penalty notices can be the next step in establishing the UK as a world leader in animal health and welfare.

For the most severe crimes, criminal prosecution will always be the most appropriate course of action. We all see the immense value of the Animal Welfare (Sentencing) Act 2021, which my hon. Friend the Member for West Dorset (Chris Loder) so finely championed, in introducing longer prison sentences for heinous animal welfare crimes. I know that every Member in the House would acknowledge that there is a difference between mistakenly logging a farm animal’s movements incorrectly and cruelly, intentionally abusing an animal.

Some offences can occur without the presence of ill will or due to a genuine mistake; for example, transgressions relating to the recording of livestock movements. We have a fantastic farming community in this country, who work extremely hard, around the clock, to properly look after their animals, and they understand the importance of knowing where livestock are and where they have come from.

In 2019, there were 45,000 cattle keepers and 61,000 sheep farmers in England. It is critical that movements are recorded in line with our laws to protect public health, animal welfare and the national herds and flocks. The risk is that, if livestock movements are not recorded accurately, it limits our ability to control and address animal disease. Most farmers record their livestock’s movements accurately and they respond well to advice and guidance from our enforcement authorities.

Unfortunately, however, some farmers continually fail to record accurately, which causes serious risk. This is where I would like to see penalty notices applied in a fair, transparent and proportionate way to positively change behaviours. That would help us to ultimately protect public health, animal welfare and the national herds and flocks. Yet, as I mentioned, the enforcement tools available to deal with such matters are either quite gentle or quite severe. On the quite gentle end of the spectrum, we have advice and guidance, and then, for the most severe offences, we have the option of pursuing imprisonment with unlimited fines. Until now, the cross-compliance scheme has been one of the major means of ensuring that animal health and welfare standards have been met by eligible animal keepers.

Many colleagues will be aware that cross-compliance and the way that it applies subsidy deductions is widely viewed as disproportionate and unfair, particularly by our farming communities. A system of penalty notices, which are financial penalties of up to £5,000, would be fairer and more effective than the EU’s disproportionate and convoluted cross-compliance, and that would extend beyond farm animals into companion animals, zoo animals and animal products.

These proposals would give individuals an opportunity to pay a penalty for any type of transgression, similar to a speeding ticket, as an alternative to a potential court case. We can all agree that, in the most severe cases, this will never be appropriate for those who abuse animals in the worst ways. It does not water down our ability to punish those who abuse animals; it simply provides something in between to deal with less serious transgressions. It will always be appropriate to take criminal prosecution against those who cause and commit the worst crimes against animals. However, where there is an opportunity for us to improve our ability to protect animals from mistreatment by supporting an individual to understand their responsibilities, we will be able to look to apply a penalty.

My Bill establishes powers that will enable us to determine which offences are appropriate through secondary legislation. Under the Bill, penalty notices are applicable for offences under Acts including—to name a few—the Animal Welfare Act 2006, the Animal Health Act 1981, relevant sections of the European Union (Withdrawal) Act 2018, and the Dangerous Dogs Act 1991. I am delighted that by introducing the Bill we are extending much further than cross-compliance was able to achieve, and in a fairer and more transparent way. That will be an animal welfare gain.

With this Bill, we will continue to build our enforcement capabilities, which will further demonstrate our standards in England as world leading. This is a simple measure with a big impact to make sure that we respond proportionately to each transgression, which could include scenarios where pet breeders fail to include their licence numbers on online adverts for puppies and kittens. Businesses that breed animals must have a valid licence: accidentally missing the licence number from an advert or forgetting to microchip the animals before rehoming them can seem inconsequential, but proper registration is critical in ensuring that people can buy pets with confidence from a legitimate source with the high health and welfare standards that they rightly expect. A financial penalty would be a proportionate response to highlight that these actions are not inconsequential, and would have a real impact on the people who rehome the animals.

The UK zoo sector has among the highest welfare standards in the world, as well as being among the world leaders in conservation work. On behalf of all of us, I thank the British and Irish Association of Zoos and Aquariums for the magnificent work it does all year round in promoting the values of good zoos and aquariums, and for the support it offers to me as chairman of the all-party parliamentary group on zoos and aquariums.

Sadly, however, a small number of zoos do not always live up to our high expectations. When local authorities find an issue, they can put a condition in place. If that condition is not met, a direction may be applied. In many cases, a zoo will respond well to the initial condition and it will improve its behaviour. For those that do not, the local authority may decide to issue a penalty notice, particularly if the condition does not directly link to the care of the animals. I would welcome the addition of penalty notices in this area to provide an additional enforcement tool alongside issuing a direction, to highlight the importance of acting in line with a set condition.

This is a simple Bill consisting of nine clauses. It initially lays out the powers that enforcement authorities will have to issue penalties under the relevant Act, as listed in the Bill. It states that the police will be responsible for applying penalty notices for offences relating to dangerous dogs committed in England and Wales. It explains that penalty notices give a person the opportunity to discharge their liability for the offence, and states that enforcement authorities will have six months to take the case to court if the penalty is not paid after 28 days. It also confirms the maximum penalty of £5,000 —or £2,500 if the penalty is paid within 14 days.

The Bill contains multiple safeguards to ensure that penalties are applied fairly. These include specified factors that enforcement authorities must take into account when considering whether a penalty is appropriate, to ensure that we take a tailored yet consistent approach. There will be official guidance laid before Parliament, which enforcement authorities will need to consider before issuing a penalty. It will be important for the Government to work closely with those that keep animals to ensure that the guidance effectively sets out how penalty notices should be applied.

This Bill sets out the enabling powers to introduce offences through statutory instruments. The majority of the Bill will come into force two months after Royal Assent, with the rest coming into force when relevant secondary legislation is in place. I want to give particular thanks to the organisations from the farming community that have engaged with me on the Bill, including the National Farmers Union, the Livestock Auctioneers’ Association Ltd, the National Pig Association and the Country Land and Business Association. I understand the difficulties that they faced in dealing with the interaction between animal welfare and the common agricultural policy. I am glad that, now we have left the constraints of the European Union, the farming community have shown their support for the fair and proportional penalty notice system in my Bill.

We are very fortunate to have so many organisations dedicated to carrying out important work for animals: Dogs Trust, Battersea, the Royal Society for the Protection of Animals and the Kennel Club, among many others that do so much for the welfare of pets across our country.

When, as I hope, the Bill is enacted, we will have secured a much-needed framework for a proportionate financial penalty system. Our Government have responded to the people’s will and led the country out of the clutches of the European Union, and that has given us an opportunity—which we must not waste—to improve our standards in many areas, with animal welfare at the very top of our agenda. Today we are continuing to elevate our world-leading reputation for animal health and welfare. The Bill marks an important step in establishing new enforcement in England to ensure that we have an appropriate response to transgressions, so that we can prevent individuals from ever reaching a stage at which severe punishment is required. Today marks the start of the journey of penalty notices to further protect the animals that we are so privileged to have within our care. I thank all Members, on both sides of the House, for giving it their support today.

--- Later in debate ---

[Andrew Rosindell]

This is a great day because we have new legislation that will enhance animal welfare in our country, but it is sad because, as so many Members have mentioned, we are missing the greatest champion of animal welfare, Sir David Amess. We do miss him, but he will be looking down, giving us his support today, and Vivienne’s victory yesterday is an enormous tribute to him and everything he stood for in championing animal welfare in his entire time in Parliament.

I thank all hon. Members for their incredible support and very kind remarks today. I will not mention everybody, but it is lovely to know that the work of not only myself but all Members over the years to get to where we are today in being such a world leader in animal welfare has been acknowledged. There was a time when animal welfare was not on anyone’s agenda very much, but today it is a cross-party thing: all of us in this Chamber are absolutely committed to the highest standards of animal welfare we can possibly attain.

My Bill is going to bridge the gap in respect of those who do not care for animals in the way they should. It is not just about cruelty, but about mismanagement, things that are missed, and dealing with things in a proportionate way. I am very pleased that the shadow Minister, the hon. Member for Cambridge (Daniel Zeichner) has been reassured and has acknowledged that this is a good piece of legislation; we can amend it in Committee and look at ways to improve it, and I know the Minister is committed to doing that as well, but I hope it will unite all of us. I say that because almost all our constituents are animal lovers; we are a nation of animal lovers. So let us be true to them and true to the animals in our care, and pass this legislation and work together cross-party to ensure that we continue in the United Kingdom to be the world leader in animal welfare.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).