Personal Injury Fraud

Debate between Andy Slaughter and Julian Knight

Wednesday 18th November 2015 Westminster Hall

[Andy Slaughter]

As I have said, I believe that calls made in that way are banned. I will come on to say a bit more about law firms in a moment, but I think that would be the case for any such form of abuse.

The other area where I am entirely at one with the hon. Member for Lincoln is on referral fees. Again, the previous Government came to the issue late in the day. There were late amendments—on Report, I think—to the Bill that became the Legal Aid, Sentencing and Punishment of Offenders Act 2012, banning referral fees. We thought that that did not go far enough and would have liked them to be criminalised. I am afraid that the implementation by the Ministry of Justice was rather cack-handed and amateur for a while. That is getting better, and there has been a crackdown on claims management companies, which I welcome, as well as an extension of the ban on referral fees. Referral fees do not have any place in the British legal system. Those are the key ways of stopping such abuse.

The percentage of personal injury claims being made for whiplash has fallen, but Members are right to ask why the number of personal injury claims is increasing while the number of motor accidents is falling. One reason, undoubtedly, is greater use of advertisement, which encourages more people to claim. That does not necessarily mean that the claims are fraudulent, but it does mean that there is an industry encouraging the making of claims.

Thus far, so good, but the hon. Gentleman suddenly shoehorned into the end of his speech the conclusion that the small claims limit for personal injury should be extended to £5,000, the limitation period should be 12 months, and the quantum in such cases should be rigidly enforceable. I am afraid I cannot agree with him on that. It would be to attack a basic principle of English law—the principle of the courts’ discretion.

We already have clear Judicial Studies Board guidelines on quantum. There are reasons for the relatively short limitation period of three years. The hon. Member for Lanark and Hamilton East (Angela Crawley) mentioned that injuries are not always immediately evident. As for the old chestnut about raising the small claims limit to £5,000, I am entirely in agreement that after 16 years, if that is how long it has been, it is right to raise the limit proportionally by whatever the inflation rate has been during that time. It might mean taking the limit up to £2,000 or something of that order. Raising it to £5,000, however, would exclude 90% of all personal injury claims. For someone on a low income in particular, £5,000 is a substantial amount of money, and it is wrong for people in that situation not to have the benefit of legal advice. I see an ABI agenda there—that is what it always wants. Insurance companies are particularly keen on effectively taking lawyers out of the personal injury process, so that the relationship is between the victim and the insurer.

[Julian Knight]

Does the hon. Gentleman recognise that it is not just about an ABI agenda but about trying to reduce the cost of insurance to the public? The personal injury claim blight means that hard-working families must pay extra for their insurance.

[Andy Slaughter]

That is an opportune intervention, because that was to be my next point.

Sentencing (Cruelty to Pets)

Debate between Andy Slaughter and Julian Knight

Thursday 16th July 2015 Westminster Hall

[Andy Slaughter]

There are a number of elements to that, as the hon. Gentleman implies, one of which is the sentencing guidelines. Interestingly, there are sentencing guidelines for some animal cruelty offences and not for others. The advice from the Attorney-General, in answer to a parliamentary question, was that one should read across from those sentencing guidelines to offences for which there are no guidelines. For example, for section 7 offences, which cover poisoning, there are no specific sentencing guidelines, but one should look at guidelines in relation to, say, section 4 offences to see, first, whether existing guidelines are being followed—I am not sure that they are in every case—and, secondly, whether they should be strengthened in any way. That is a matter for the Sentencing Council. The Minister will no doubt want to deal with the use of existing sentencing powers and the question of whether there is any will in the Government to increase sentencing.

There is always danger inherent in the escalation of sentencing powers, not only because of the financial cost of prison places and so forth, but because if we begin to ratchet up sentences for one offence, there will be an immediate demand to do so for others. The Minister might want to look at repeat offending, however. By analogy, we proposed in the previous Parliament that driving while disqualified, which is a summary-only offence, should become an either-way offence with a maximum sentence of two years. Many animal welfare charities advocate a similar proposal for animal cruelty offences, which they think should carry a two-year maximum sentence.

The hon. Member for Sherwood is right that maximum sentences are rarely used. By definition, they are used only in the most serious cases. There is always a discount, usually of up to a third, for a guilty plea, which of course includes remission. Typically, even for a very serious offence with a guilty plea, the offender will receive a four-month sentence and will be out within two months. The only way in which the situation can be remedied, if Parliament’s will is for there to be longer sentences, is to increase the maximum. I am wary of sentence inflation, but in the case of repeat offending, there could be a reason for considering that proposal.

I used the analogy of driving while disqualified because to treat a first offence as a summary-only matter may well be perfectly reasonable. A small minority of people, however, repeatedly abuse the law by driving while disqualified again as soon as they get out of prison, knowing that the maximum that they are likely to get on a guilty plea is another two months inside. That might also apply to the sort of callous and sociopathic people who repeatedly commit serious offences against animals. The Minister might want to consider increasing magistrates’ sentencing powers, and to consider the selective use of either-way offences or the sentencing guidelines. I would be interested to see what he has to say on those matters.

In a similar debate in 2013, the Environment, Food and Rural Affairs Minister said:

“The Government deplore acts of animal cruelty and believe that offenders deserve the full force of the courts.”

He expressed his belief that the current legislation was “fit for purpose” and pointed out that judges had

“a great deal of discretion”—[Official Report, 15 October 2013; Vol. 568, c. 229-230WH.]

when it came to determining the appropriate sentence for individual cases. That might be what the hon. Member for Sherwood is complaining about—judges may use that discretion in the wrong way.

The Minister in that debate also noted that nobody had been given the maximum sentence available under the law, and that judges would be expected to explain why anyone convicted of animal cruelty offences was not subsequently disqualified from owning or keeping animals. That is an important point. The sentencing guidelines state, in bold type:

“Consider disqualification from ownership of animal”.

I believe that that power is too rarely invoked. I had some personal experience of the matter, because my godson’s young brother’s kitten was savaged and killed in his presence by a dog. The court returned the dog to the owner with a £280 fine, despite the fact that it was a serial offender—or rather, the owner was a serial offender at letting it get out and be abusive in such a way. The dog was being used, effectively, as a weapon, but in such a case or in the case of someone who repeatedly commits animal cruelty, I cannot for the life of me see why any court in its right mind would allow them to continue to keep an animal. I ask the Minister to address whether he feels that the judiciary have heeded his colleague’s words on section 4 and section 7. If not, does he intend to take any actions to encourage the toughening up of the law, or at least of the guidelines? Will he consider asking the Sentencing Council to look at it again?

I would also like the Minister to clarify his position on section 8 offences, which relate to animal fighting. As things stand, the maximum sentence is six months, but it is rarely handed out. Animal fighting offences are some of the most serious offences and there can be very little mitigation for matters such as organised dog fighting. Does the Minister feel that the law in that respect is sufficient, or will he consider reviewing the situation?

There are powers in the 2006 Act to impose deprivation and disqualification orders. Will the Minister commit to ensuring that guidance in that area is updated and republished to ensure that it is used better and more consistently? How can it be right for repeat offenders of animal cruelty, poisoning or fighting to get away without being disqualified from looking after animals and possibly mistreating them again?

I advise the Minister to read the Labour manifesto. His colleagues seem to be dipping into it from time to time, whether it is the Chancellor on minimum incomes or, this morning, the Lord Chancellor on better use of the court estate and amalgamating places where hearings should be held. On animal welfare, we said:

“We will build on our strong record on animal welfare—starting with an end to the Government’s ineffective and cruel badger cull. We will improve the protection of dogs and cats, ban wild animals in circuses, defend the hunting ban and deal with wildlife crime associated with shooting.”

We made six pledges, one of which was to improve the protection of dogs and cats. Our offer on animal welfare was very strong, and I hope the Government are prepared to work with us on achieving some of those aims.

Today we are discussing the protection of domestic pets, and too often we see inadequate dog breeding practices causing suffering to both the animal and its owner. More puppies are being bred than there are good homes available, and large-scale puppy farms and backstreet breeders operate in terrible conditions in which dogs are frequently sick or unsocialised.

[Julian Knight]

The hon. Gentleman has made some fine and balanced points in his interesting speech. On puppy farming, is not one of the points about sentencing and the treatment of offenders that there are major profits to be made for professional breeders and those involved in animal-related issues? He talked about a case that resulted in a £15,000 fine, which is equivalent to five or six puppies of a premium breed. With such potential profits to be made, is it not true that the available sentences and criminal sanctions are inadequate?

[Andy Slaughter]

Indeed, and the maximum £15,000 fine was for six separate offences. Most fines for individual offences are way below that level. I am not sure whether the maximum fine, which was increased to £20,000 by LASPO, is necessarily inadequate. It might just be that the courts are not imposing fines. Fines have to be proportionate, because it is pointless fining people who will never have the means to pay. We perhaps need to find an alternative such as community sentences. There can be no reason for not fining commercial enterprises, or people who are making profits from dog breeding, at or near the maximum.

The unlawful trafficking of puppies with little or no regard for their health means that many fall sick or die shortly after purchase, leaving their owners not only heartbroken but often lumbered with large vets’ bills. Such trafficking also results in unsocialised dogs that present a threat to humans and other animals. Dogs are effectively treated as mere commodities by the people who are selling them. There is ineffective regulation, a lack of information for pet owners and a failure to address irresponsible and cruel breeding practices. The coalition Government struggled with those issues, and I hope the new Government will make headway. If they do, they can count on our support.

We pledged to review the inadequate regulation of the sale and breeding of cats and dogs. Poor breeding and rearing practices contribute greatly to the number of abandoned animals in rescue centres, and tougher sentencing might play a part in stopping animals being abandoned. That will have a beneficial effect down the line, including for animal rescue centres, which do such a fantastic job. We urge the Government to build on the Animal Welfare Act and the strategy we proposed.