Animal Welfare (Sentencing) Bill

Angela Smith Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Wednesday 10th July 2019 Commons Chamber

[Angela Smith (Penistone and Stocksbridge) (Ind)]

I strongly welcome the measures in this short, simple Bill. I emphasise “simple”, because that is how it needs to stay in order to get it implemented quickly. The changes are long promised, long needed and long overdue.

There is a perception among many people, including, importantly, members of the judiciary, that the sentences available to the courts at the moment to deal with serious offences of cruelty are inadequate, despite the UK having some of the most progressive animal welfare legislation in the world. As we have heard, the maximum penalty for the most serious cases of animal cruelty is still only a maximum of six months in prison, an unlimited fine and/or a ban on keeping animals. Given the level of serious animal neglect, cruelty and violence against animals every day, that does not seem to be acting as a deterrent.

The Minister gave the example of the man who received only a 26-week jail term after he was found guilty of kicking a four-month-old puppy to death. We heard from the shadow Secretary of State about another example, that of the Lancashire man who received only a 22-week sentence and was disqualified from keeping animals for life after the RSPCA obtained a video of him setting his dogs on a pet cat and a fox.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

I thank the hon. Lady for making such an important speech. Does she agree that cruelty and a lack of empathy towards animals often translates into cruelty and a lack of empathy towards people? As a psychologist, I know that part of the psychopathy checklist we used to do with patients to measure sociopathy was animal cruelty.

[Angela Smith]

I completely agree with the hon. Lady. Indeed, that was a point I made in the Second Reading debate on the Bill that became the 2006 Act, and I will say more about that later.

When we compare ourselves with every other European country, we see that the maximum sentence for cruelty to animals in England and Wales is woeful. A substantial number of European countries have already legislated for a maximum sentence of between two and three years, and in some cases it is up to five years, as the Minister pointed out. Further afield, Canada, Australia and New Zealand already offer a maximum of five years’ imprisonment. Even within the United Kingdom, the maximum sentences in England and Wales pale in comparison with Scotland’s one-year sentencing power and, even more so, with Northern Ireland’s sentencing power of up to five years. I pay tribute to Northern Ireland for having made progress on this before any other devolved Administration or indeed the UK Parliament. I also recognise that Scotland has announced a consultation on proposals to increase sentences to five years, and I hope the Scottish Parliament sees that consultation through and implements stronger powers, so that we can all be in line and be in the same place as a United Kingdom.

There are several reasons why sentences for animal cruelty need to be increased, not the least of which is that public attitudes have no doubt changed in the 10 years since the passing of the 2006 Act. I served on its Bill Committee and I recall the contribution of the hon. Member for North Herefordshire (Bill Wiggin), who led for the shadow team. I remember those sittings clearly. It is now becoming more obvious that the courts, too, want to be given the option to pass tougher sentences for extreme forms of cruelty, with many magistrates and judges asking for an increase in the punishments they have at their disposal. Without this increase in sentencing powers we could also be in the invidious position of facing the prospect of no prison terms for animal cruelty or for fighting with animals being available to the courts, if the Ministry of Justice’s proposal to abolish sentences of six months or less is taken forward and implemented. We need to bear that in mind, and it is another reason why this legislation is so important.

I also want to draw attention to the link with domestic abuse. Blue Cross has pointed out that research clearly suggests a link between animal abuse, domestic abuse and other serious crimes. It found that women in domestic violence shelters were 11 times more likely to report that a partner had hurt or killed pets in the home, as the shadow Secretary of State pointed out. The research also shows a direct correlation between cases of animal abuse and cases of child abuse, with children at risk in 83% of families with a history of animal abuse. It should not surprise any of us to hear that. We need to do more as a society to join up the investigative powers of social services, the education system and the animal welfare charities, which work so hard to identify cases of animal abuse in homes up and down the country. We could do more to encourage joint working between these different agencies and charities to raise awareness of where the risk lies to animals, children and women, and to people generally.

Before I draw my comments to a conclusion, I want to pay tribute to the Chair of the Select Committee on Environment, Food and Rural Affairs, of which I am a member, for his leadership of our inquiry—the pre-legislative scrutiny we carried out on the original Bill, which put animal sentience provisions and animal sentencing powers together in the one Bill. It was a very good inquiry, and the recommendation we clearly made was that the two sets of provisions needed to be separated and that we needed to implement the sentencing powers provisions quickly. I am only sorry that it has taken so long to get to this point. A number of Opposition Members have asked the Secretary of State repeatedly when we were finally going to see this Bill on the Floor of the House. We have got here now, so I will leave that there, and just say that I am thankful to be able, at last, to get this on to the statute book.

I hope that the Bill will quickly pass its legislative hurdles and gain Royal Assent later this year, because we need to see these measures enacted. I take the point that there are various other issues that could be addressed in these provisions, such as extending the powers to cover cases involving wild animals, but I think we just need to get on and get this Bill through Parliament and on to the statute book. I know that the animal welfare charities are keen that that should be the case. I have been contacted and asked, “Please keep it simple.” So I understand the debate about other areas of animal welfare policy, but let us just get on with this. It is long overdue and we need to get on with it.

[Sir Oliver Heald]

I very much agree with what the hon. Lady is saying. Does she agree that as we are towards the end of the Session and have a limited window in which to do this, we really need to get it done?

[Angela Smith]

I take that point entirely, although it is not the fault of Opposition Members that we are up against it in the way that we are, with, I hope, the Session due to end at some point soon and the Queen’s Speech on its way. We do need to get on with this, and we should keep it simple.

The measure is supported by all the major animal welfare charities. I pay tribute to the work on this issue by Battersea Dogs & Cats Home, Blue Cross, the Dogs Trust and the RSPCA, all of which are worthy charities that I have worked with over a significant number of years. I also wish to mention World Horse Welfare, which of course feels strongly about this issue and needs to be included in any list of tributes to the animal welfare sector for the campaign to increase the sentencing powers.

It is right that the situation in England and Wales comes into line with that in the rest of the UK and in other western countries. I repeat that the current limit of six months, which is often reduced by a third if the defendant pleads guilty, is clearly not adequate and does not act as a deterrent, as shown by the fact that many of the associations that deal with animal cruelty have reported increases in cruelty, especially of the most serious types, despite the Animal Welfare Act being on the statute book.

I conclude by saying again: can we please just get on with this and get it implemented? Let us give the courts the powers that they need.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

I would like to thank the Members who have made valuable contributions to this important debate. As has been explained, one of the key purposes of the Bill is to ensure that there is a deterrent to animal cruelty by extending the maximum sentence possible. The many examples that have been given, particularly by the hon. Member for Redcar (Anna Turley), will reverberate among those for whom the welfare of animals is close to their heart. I am on to my fourth rescue dog, and it is noticeable that when a dog’s history is not known, they often flinch when they see people of a certain character, which perhaps reflects the horrendous experience they have been through. They often require a lot of extra training and support to recover from that.

I genuinely hope that this legislation, which has good support, will make quick progress under the stewardship of the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley). I should point out that the Bill is just one element of the action that the Government intend to take to improve animal welfare. There have been a number of pieces of legislation, and I hope they will soon be joined by this Bill and the Wild Animals in Circuses (No.2) Bill, which is progressing well through the other place.

I now turn to the points made by individual Members. The hon. Member for West Bromwich West (Mr Bailey) mentioned feral cats. It is important to state that the Animal Welfare Act 2006, which this Bill is modifying, covers protected animals. In its legal definition, a protected animal is a vertebrate animal of a kind commonly domesticated in the British Isles. This Bill ensures that stray dogs and feral cats will be covered.

Several Members, including my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) and my hon. Friend the Member for Southend West (Sir David Amess), have referred to the issues of horse tethering. The Animal Welfare Act 2006 and these new maximum penalties will absolutely apply to horse tethering where that leads to unnecessary suffering. Horse tethering is fully covered in the equine welfare code made under the 2006 Act, which gives clear guidance on appropriate tethering. Anyone not tethering in line with the statutory code risks prosecution under the Act. My hon. Friend the Minister recently hosted a roundtable with local authorities and welfare bodies, and he agreed to share best practice on enforcement on this very specific issue.

The hon. Members for Workington (Sue Hayman) and for Ipswich (Sandy Martin) both mentioned wildlife, as did the hon. Member for Bristol West. The House will be aware that this Bill is specifically about amending the Animal Welfare Act 2006. Other legislation does apply to wildlife, with different levels of penalties that can be imposed, including unlimited fines. However, I am conscious, as they are, that the commitment was specifically made to amend this Act. Who knows whether there will be opportunities for further legislation in a new Session of Parliament, if—dare I say it?—we are ever allowed to prorogue so that we can move on to the next Queen’s Speech. That is a matter for debate on another day.

It is important, as my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) said, that we consider Finn’s law part two, or the sequel, but this Bill does actually provide good strengthening. He referred to other parts of the United Kingdom, but it is important to say that this is a devolved matter and the Government take that seriously. I want to commend him and others for their national campaign and what they have been doing to take the case to other parts of the United Kingdom. As the hon. Member for Penistone and Stocksbridge (Angela Smith) said, Northern Ireland is already at that stage, and we will be joining it.

The hon. Lady mentioned the Lord Chancellor’s proposals about custodial sentences. My right hon. Friend is considering the issues relating to more minor, short-term custodial sentences. He is on record as saying that there is a very strong case to abolish sentences of six months or less altogether, with some closely defined exceptions, but any such proposals do not affect this Bill, which is about increasing the maximum available penalty for animal cruelty to five years. It may apply to the more minor offences under the Animal Welfare Act, but those offences, such as in section 9, do not generally attract a custodial sentence now, and an unlimited fine will continue to apply.

We also have the issue of the sentencing guidelines. The Government have already been in contact with the independent Sentencing Council about the change to the maximum penalty, which we hope Parliament will introduce shortly. There is already an existing sentencing guideline in relation to animal cruelty offences under the Act. It was reviewed and updated by the Sentencing Council as recently as 2017. However, I am pleased to say that the council has confirmed that, once the Bill is passed, it will consider the need to revise the guidelines and any revision would involve a public consultation.

[Angela Smith]

I am grateful to the Minister for the clarification she has given, but let me be clear that, in my speech, I was absolutely defending the need for this Bill in the context of the potential change in the law in relation to six-month sentences, which I think strengthens the need for this legislation. That is all I will say.

[Dr Coffey]

I entirely agree with the hon. Lady’s point, which is why I am sure the House welcomes what she has said and also the progress on the Bill.

The hon. Member for Redcar referred to filming and to making this an aggravating factor. I think this is a very useful point, and we will certainly raise it with the independent Sentencing Council. As I have said, it has already indicated that it will consider and revise the guidelines once this Bill has become legislation.

One of the things my hon. Friend the Member for Southend West mentioned was enforcement. Under the Animal Welfare Act 2006, it is for local authorities, the Animal and Plant Health Agency and indeed the police, which all have powers of entry, to inspect complaints of suspected animal cruelty and take out prosecutions, where necessary. It is for local authorities to make decisions about what they consider to be local priorities, rather than for the Government to decide. However, it is important that local authorities have the opportunity, as they do now, to continue to work in close partnership with others. We know that the RSPCA does investigate allegations of cruelty. It has successfully prosecuted between 800 and 1,000 people on average every year, and in doing that, it does a very valuable job.

My hon. Friend the Member for Clacton (Giles Watling) mentioned the impact of animals being held in kennels. I think it is fair to say that we do not necessarily expect a large number of cases to come before the Crown court, where the issue about the length of time may arise. At present, we estimate that about 25 cases that would previously have been held in the magistrates courts may well now be held in the Crown court. However, we consider that only a very small number of animals may need to be held in kennels for an extended period.

We cannot say from the Dispatch Box today precisely what decisions will be made about which animals would need to be taken away from the owner while somebody is awaiting sentencing, and such an action would not necessarily follow. However, it is also important to state that the Animal Welfare Act has provisions that allow a court to disqualify anyone from having animals, if necessary for life, if they have been convicted of an offence.

The court can also issue orders under section 3(6)(b) of the Bail Act 1976 to prevent the commission of further offences while on bail. The courts can make the sale of existing animals, and indeed a prohibition on owning animals, a condition of a defendant’s bail. It is important to stress that courts already have the power not only to prevent people on trial for animal welfare offences from acquiring new animals, but to remove the animals they already have. I do not believe we need further legislation to bring that about.

On what was said by the hon. Member for Bristol West, this legislation does apply to farmed animals. It is about animals that are under the care and protection of humans. I am pleased that she recognises the things we have done on animal welfare.