Animal (Penalty Notices) Bill

Andrew Rosindell Excerpts

Committee stage
Wednesday 8th December 2021 Public Bill Committees

[The Chair]

With this it will be convenient to discuss that clauses 2 to 9 stand part of the Bill.

[Andrew Rosindell (Romford) (Con)]

Good afternoon, Mr Twigg. May I say what a pleasure it is to serve under your chairmanship? It is a particular pleasure because we worked together on Falkland Islands issues; perhaps a last-minute amendment specifically about penguin protection might be appropriate. I thank you and all fellow members of the Committee for joining me to discuss and assist in the passage of what I believe is a landmark Bill.

As a lifelong advocate for the care and protection of animals, it is enormously satisfying to introduce a Bill that is so close to my heart in advancing the cause of animal welfare throughout this country. My Bill will reform fundamentally the way that we enforce animal health, biosecurity and welfare across all farmed and kept animals in England. It will safeguard and strengthen the health and welfare of animals in our care by building on the skeleton of our existing domestic framework for enforcement, which cruelly has few options beyond prosecution. Penalty notices will add a tool to our enforcement toolkit, giving our enforcement system the use of a wider range of deterrents.

Penalty notices will help to generate the right incentives for people to keep and handle animals, and will contribute to delivering high domestic animal health and welfare. They will enhance the credibility of our enforcement system in general. When, as I hope, the Bill is passed, it will apply to a range of listed Acts in clause 1, and will protect the health and welfare of companion, farm and zoo animals. However, for offences under the Acts to be used, they will need to be switched on through secondary legislation. That will be done only after proper consultation with non-governmental organisations, charities, enforcers, industry experts and others, to ensure that penalty notices are a good fit for the offence. Furthermore, the proposed reforms will continue to allow for education to be used as the right solution where appropriate, and for people to be redirected at an early stage away from inadequate practices.

I share the sentiment of many that redirection rather than punishment is often the most appropriate course of action, but there is a need for a proportionate approach when an offence is committed. I hope that there will be a strong cross-party consensus in support of the Bill, and I thank Members across the House for being open in sharing their thoughts and concerns with me to ensure that we get the new legislation absolutely right. I extend particular thanks to the hon. Member for Cambridge, who took the time to talk to me and the Minister about his views and concerns regarding the Bill. It was a productive conversation, and I hope we were able to reassure him and clarify points of uncertainty. No doubt we will hear from him later in the debate.

I believe wholeheartedly, as do many colleagues across the House, that it is right for animal keepers to face the consequences if they fall short of the actions required. Those who keep animals have a responsibility and an accountability for animal health, animal welfare and biosecurity across the country. Penalty notices will help to improve that accountability by steering individuals towards the right practices. Although penalty notices will have an impact, I want to be absolutely clear that they will not be an alternative to taking serious cases to court. They are an addition to existing laws, and do not take away from taking really tough action when serious offences occur.

The clauses build on each other to bring in a fair, proportionate and usable enforcement tool. They set out the scope of legislation covered, and allow for the detail of the offences to be determined in secondary legislation. This gives ample time for key stakeholder engagement, while the matters to be considered published on the face of the Bill give clear limitation on where, when and how penalty notices may be used in practice.

Once again I thank Committee members for their attendance today. I hope we can agree that the Bill is a significant one that should pass and go back to the House for its remaining stages. It will help to deliver our Government’s commitment to improving standards across animal health and welfare. The introduction of a new enforcement tool is a well-timed step forward in the cause of animal welfare, and I commend my Bill to the Committee.

[Sarah Champion (Rotherham) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Twigg. I begin by thanking my friend, the hon. Member for Romford, for all his work on this Bill and on animal protection, which is deeply appreciated. It shows that Back Benchers really can make change in this place if they put the hard work in.

There is no excuse for animal cruelty in this country. The Bill allows for financial penalties of up to £5,000 to be given, as the hon. Member said, for existing animal offences and offences relating to animal products. Financial penalties may not always be the best response to an offence, but they are a useful enforcement tool that can be flexibly and consistently used, sometimes in addition to or instead of existing penalties.

Penalty notices may be applicable in a variety of situations where animals could be harmed—for example, if animals that are transported are not fit for the journey, or are transported in a way that could cause undue suffering. Another example would be where pet breeders fail to maintain appropriate records or ensure that puppies are microchipped before being rehomed. Such issues need addressing for the safety of animals, but it would be disproportionate to require the offender to go to court. A warning is often not enough, so financial penalties may therefore be required, which is why the Bill is so useful.

The penalties would differ for each type of offence, but the aim of the legislation is to deter animal owners or keepers from acting in a way that could potentially risk the welfare of animals. It is important that we have proportional yet effective punishments for abusing animals or putting their safety at risk. I welcome the fact that the Bill allows local authorities to use their measures, which are easier, quicker and use fewer resources than many other punitive provisions, especially at a time when courts face such backlogs.

As the chief executive of the Royal Society for the Prevention of Cruelty to Animals, Chris Sherwood, said:

“Fixed penalty notices are really useful to quickly combat suffering of farmed animals, horses and animals kept in zoos.”

The Bill is largely welcomed by the animal charities and organisations including the RSPCA, Battersea Dogs & Cats Home and BIAZA—the British and Irish Association of Zoos and Aquariums. I hope that the Department for Environment, Food and Rural Affairs will work closely with them in developing the guidance to support the Bill.

Good and responsible zoos, farmers and pet owners or breeders should have nothing to worry about with the introduction of the Bill. The measures in it, however, can be used to ensure that standards are upheld and animals are looked after in the best and safest of ways. If that is not the case, enforcement agencies can decide on an appropriate response.

The hon. Member for Romford clarified some points, but I would also like reassurances from the Government. Under subsection (3), will the Government provide more detail on which Acts they expect to introduce regulations under? Furthermore, will the Government offer assurances on the process by which the decisions will be made? For example, will the Government consult the Zoo Experts Committee before introducing any further regulation under the Zoo Licensing Act 1981.

Overall, I am so proud to support the Bill as it passes through Parliament, to help ensure that no animal faces needless pain or risk to its safety. The UK can and should be a world leader in animal welfare standards. I hope that the Bill will continue to drive up adherence to those standards across the country.

--- Later in debate ---

[Jo Churchill]

I feel like I have given way enough. I thank the Committee for its comments and support.

[Andrew Rosindell]

I thank everybody here from all parties for their contributions. The Minister has taken on board a lot of the comments that have been made. I know there are things that need to be ironed out and further explanation to be given, but I think we all agree that the principle of the Bill will enhance animal welfare in this country.

In particular, I thank my friends the hon. Member for Rotherham, for her contribution and for her steadfast support for all the animal welfare work that I do and for the Bill, and the hon. Member for East Kilbride, Strathaven and Lesmahagow for her enthusiastic support. I have no doubt that she is bound to suggest this in the regular chats I am sure she has with the First Minister, over tea and cake, to give her some ideas about future legislation in Scotland.

We are all animal lovers—whatever party we represent, we are all on the same side when it comes to the care for and welfare of the animals for whom we are responsible. Where I come from, we are responsible for these creatures. They need us to protect and look after them, to care for them and to enhance their wellbeing. I hope that this legislation will take us a step forward in making the United Kingdom the best country in the world for animal welfare.

I also thank the supporters of this addition to our enforcement system who are not able to attend today. Many Members across the House who are not on this Committee offered their support and spoke on Second Reading, and many others have contacted me to express their enthusiasm for the Bill. Let us maintain that enthusiasm and continue the momentum until the Bill gets over the line. Remember, maintaining momentum up to that point—and beyond—is so important. I am sure we will continue to make progress as the Bill progresses to Third Reading and then on to the other place.

I offer my heartfelt thanks to my hon. Friend the Minister. Her commitment and dedication to animal welfare and her detailed explanation of the Bill has been helpful to all of us. It has given us the confidence to believe that the Bill will be a great addition to our legislation for the protection and wellbeing of animals. It has been a great pleasure to work with the Minister.

The winners from this legislation will be the animals in our care, to whom we have a solemn responsibility. That is the intention of the Bill. I could not close the debate without once again thanking the many organisations that have campaigned for and supported the new legislation. They have helped so much by providing advice and support throughout the process.

I also thank my team in my parliamentary office, in particular Elliott Keck and Stephen Reed, who have worked so hard on the Bill with officials from the Department for Environment, Food and Rural Affairs. I thank the Clerks, who have been so helpful in facilitating this Committee stage and the passage of the Bill so far and, as always, for their advice and guidance. Finally, I thank the officials from the Department for Environment, Food and Rural Affairs, who have been truly magnificent in advising and helping with consultations. They have given so much support to make sure that we were able to get the Bill to the stage we are at today.

I hope that we can press ahead. I look forward to the day in the very near future when the Bill is placed on the statute book. I believe it will reinforce our country’s reputation as a world leader on animal welfare and will continue to enforce the love of animals and protection of the animal kingdom across this nation of ours.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 to 9 ordered to stand part of the Bill.

Bill to be reported, without amendment.