Sale of Puppies

Angela Smith Excerpts

Tuesday 17th October 2017 Commons Chamber

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I congratulate the hon. Member for Islwyn (Chris Evans) on securing this debate on a subject that is dear to many hon. Members’ hearts, including mine. He gave an account of his first family pet when he was young, and I never give up the opportunity in such debates to talk about Mono, a rather erratic border collie that I adopted from the RSPCA. He lived to a good age and, certainly in the last seven years of his life, had a good life on our farm.

As a Back Bencher and a member of the Environment, Food and Rural Affairs Committee, I campaigned to change the rules around the licensing of puppy breeding. I was therefore pleased to have the opportunity to become a DEFRA Minister, and then to become responsible for companion animals. For once, I was in a position to see through something that I had sought for some time. As the hon. Gentleman pointed out, many people and organisations have been calling for more restrictions on the breeding and selling of dogs. I initiated a consultation, which Lord Gardiner has continued, and I now have the opportunity to update the House on some of our plans.

The hon. Gentleman will be pleased to hear that many of the ideas that he outlined are exactly what we are planning to do and exactly what we have already consulted on. The Government will be replacing existing laws on the breeding and selling of dogs with a stricter licensing regime. The regime will, for the first time, be linked directly to the Animal Welfare Act 2006 and will introduce several important changes. First, we will lower the threshold under which a dog breeder needs a licence, moving it from five litters or more to three litters or more, thus ensuring that more commercial dog breeders will be required to have a licence.

Secondly, we will require all dog breeders and the sellers of all pet animals, including dogs, to adhere to statutory minimum welfare standards that will be linked to the welfare needs set out in the 2006 Act. That is important for raising standards and improving consistency in the licensing regimes that local authorities put in place. Thirdly, we will remove the exemption through which some people who breed from their own pet dog claim that they do not need a licence to sell puppies. Fourthly—the hon. Gentleman made this point—we intend to reward licensees who are considered to be at low risk of breaching the new regulations with longer licences and fewer inspections. We could, for instance, recognise those who sign up to United Kingdom Accreditation Service-accredited schemes run by groups such as the Kennel Club, and the new regulations will provide for that.

Finally—this goes to the heart of the issues that the hon. Gentleman raised—we intend to make it clear that anyone in the business of selling dogs online will need a licence from their local authority. As he says, our legal view has always been clear that the 1951 Act, which regulates the licensing of pet shops, already provides that anyone in the business of selling dogs, whether they have a shop on the high street or are selling online, requires a licence, but we have accepted in the consultation that there may be a sense of ambiguity. We therefore want to place the requirement beyond any doubt, so I reassure him that we will be doing precisely what he asks for.

There have also been calls for more robust inspections. The statutory minimum welfare standards will have to be applied by local authorities, and the regulations will be accompanied by guidance to which local authorities must have regard. The regulations will require all inspectors to be suitably qualified, and the guidance will set out what “suitably qualified” means.

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

As a member of the Environment, Food and Rural Affairs Committee, I am pleased to hear about some of the proposed changes. However, who will bear the cost of training suitably qualified inspectors at the local authority level?

[George Eustice]

As the hon. Lady knows, local authorities already have budgets for such things and departments that deal with animal welfare. We will be addressing exactly what is required by “suitably qualified”. Most local authorities already have people who are suitably qualified, although they might require additional training.

--- Later in debate ---

[George Eustice]

If my hon. Friend will bear with me, I intend to return to that issue.

I conclude on the licensing point by thanking the many stakeholder organisations and animal welfare groups that have already contributed to our contribution and the formulation of these draft regulations. The hon. Member for Islwyn raised a point about the sale of puppies under eight weeks old, and he said that the first dog he had was sold at two and a half weeks. A couple of things are being done. First, the microchipping regulations that were introduced two years ago already require that no dog can be sold until it has been microchipped, and it is unlawful to microchip a dog until it is eight weeks old. In the normal course of events, it is already the case that no dog under the age of eight weeks can be sold.

Again, there is some ambiguity under the 1951 Act, and some people have identified the fact that a small number of pet shops might have been able to sell dogs under eight weeks old. We will put the situation beyond doubt in the regulations by making it clear that no puppy below that age can be sold.

I want to move on to maximum sentences for animal cruelty as that is another important area in which we have recently made some announcements. The issue has been raised a number of times, including in private Members’ Bills promoted by several hon. Members, notably my hon. Friend the Member for Torbay (Kevin Foster). The Government have made it clear that we will increase the maximum penalty for animal cruelty from six months’ imprisonment to five years’ imprisonment. The maximum sentence needs to be increased for the most horrific acts, such as deliberate, calculating and sadistic behaviour. The offences for which that would apply could include causing unnecessary suffering to an animal and holding organised animal fights. The existing six-month limit does not allow judges to pass the most appropriate sentence in such circumstances. We want to send a clear message that animal cruelty is not acceptable in our society, and a Bill to effect the necessary changes to the Animal Welfare Act will be introduced as soon as parliamentary time allows.

I turn now to the question of a ban on the third-party sale of puppies. This issue is often raised and the hon. Member for Islwyn, to be fair, rightly pointed out the difficulty that enforcing such a ban might involve. We do not believe that a ban on third-party sellers is necessary, and that view is shared by many stakeholders. We believe that a better approach is to aim for more robust licensing of pet sellers, as well as continued encouragement that people source dogs from reputable breeders and see any puppy interact with its mother, and consider a rescue or re-homed dog first, alongside consumer pressure to drive down the sales of dogs from third parties such as pet shops. The evidence shows that that is already happening, with as few as 4% of pet shops now licensed to sell dogs. That figure is always declining, and the reality is that even fewer shops actually do so.

We want to drive up animal welfare standards rather than introduce bans that are difficult to enforce. That is why the new regulations will set statutory minimum welfare standards for all commercial pet sellers that the local authority must apply when considering whether to issue a licence. There will also be an opportunity to apply higher standards, with pet sellers and dog breeders able to earn recognition so that the better performers have a longer licence, with fewer inspections and a lower fee. We are developing a star system similar to that which applies to food hygiene, and that will be backed up by statutory guidance. The use of a risk-based assessment of operators and an emphasis on cost recovery will enable local authorities to fulfil their responsibilities and target enforcement on the poorer performers. It will also assist the public to make an informed choice when choosing a pet provider.

I turn now to the issue of online sales. I particularly wish to point out to hon. Members that the Department established the Pet Advertising Advisory Group some years ago. DEFRA has already published guidance on buying a pet and has worked closely with PAAG to drive up standards for online advertisements. It is important that we give credit where it is due, so I should like to take this opportunity to praise PAAG’s work, which has resulted in six of the largest online sites signing up to agreed minimum standards for sites that advertise pet animals for sale. The types of measures that have been introduced include: a requirement that all adverts display the age of the animal advertised, with no pet advertised for transfer to a new owner before it is weaned and no longer dependent on its parents; a permanent ban on vendors on a “three strikes and you’re out” basis, so that those who attempt to post illegal adverts can be blocked indefinitely from advertising on any of these sites; and steps to ensure that every “view item” page includes prominent links to PAAG’s advice on buying and selling a pet, which can ensure that someone who is searching for a dog or any other pet is targeted with informative emails to tell them what they need to know so that they will be able to care for that pet. The standards are being applied by half a dozen or so sites, including the main ones. People who are looking online should be advised to keep to those sites that have signed up to PAAG’s minimum standards.

[Angela Smith]

The Minister is being generous in giving way. I, too, applaud PAAG for its work—it has been very successful—but some advertisements are disappearing only to be found on sites other than the big six. Surely the Minister agrees that the Government have done part but not all of the job of dealing with problems relating to online sales.

[George Eustice]

As I pointed out earlier, with the new regulations we are putting it beyond doubt that anyone selling online requires a pet licence. That is how the UK Government can address the issue. The hon. Lady will understand that we do not have jurisdiction over a classified ads operation based in Australia, for instance. What we can do, however, is to ensure that anyone who attempts to sell via the internet, wherever the classified ad website might be registered, will nevertheless require a licence. We continue to apply many of the other standards of the code, including the requirement that licensed breeders or sellers must display a licence number, and the need for an advert to include a photo of the pet and to set out its age. We have made good progress on online sales.

My hon. Friend the Member for Witney (Robert Courts) asked about the responsibility of buyers. It is a sad fact that unsuspecting buyers sometimes unwittingly provide a lucrative market for rogue dog breeders and dealers. Potential buyers need to take great care when they are considering taking on a puppy. They should always insist on seeing the mother when they purchase a puppy. My hon. Friend asked whether there are warning signs. If someone arranges to meet at a motorway service station to sell a puppy, that should be a warning sign. Before people buy a puppy, they should consider whether they have the right lifestyle to look after a dog for the next 10 to 15 years and, if so, what type or breed of dog is right for them. They should also consider whether they are prepared to spend the sort of money and commit the sort of time needed to look after a dog for the duration of its lifetime.

There is plenty of advice out there to help people to make the right choice when they buy a puppy. Such advice includes making sure that the breeder is a member of the Kennel Club’s assured breeder scheme or signed up to the puppy contract, which is of course supported by many animal welfare organisations, including the RSPCA, the Dogs Trust, Blue Cross and Battersea Dogs & Cats Home. Such advice can help to inform buyers before they make purchases. In addition, the new regulations I have outlined will help to ensure that puppies born in a licensed dog breeding establishment have a better chance than those born in backstreet breeding establishments.

Finally, I wish to address the point made by my hon. Friend the Member for Brecon and Radnorshire (Chris Davies) about illegal puppy imports and to talk about some of the work we are doing on that. We are aware that some puppies may be smuggled into this country from abroad to be sold as pets. DEFRA takes the illegal puppy trade seriously. Responsibility for deterring the illegal movement of puppies starts with their country of origin. Dogs, including puppies, and cats, including kittens, that move to the UK from EU member states, or from other low-rabies-risk third countries, must have received a rabies vaccination at not earlier than 12 weeks of age, after which there must be a wait of 21 days to allow immunity to develop. In practice, that means that puppies or kittens that enter the UK legally will always be a minimum of 15 weeks old.

The UK carries out more pet checks at the border than most member states. All pet animals that travel on approved routes are checked for their compliance to travel. Enforcement at the border also has an important part to play in combating the illegal trade. We are grateful for the Dog Trust’s continued support of the Dover puppy pilot. This partnership between the Dogs Trust, transport companies, Kent County Council and the Animal and Plant Health Agency has so far resulted in 649 non-compliant animals being seized and placed into quarantine since December 2015. DEFRA’s Animal and Plant Health Agency has also played a leading role. Crucially, it has helped to age puppies and identify those that have been illegally smuggled into the country when they are too young.

If a transport company suspects that undeclared pets are present in a vehicle, it can alert the appropriate authorities so that they can take the necessary action. Border Force and local authorities share intelligence and monitor movements, and Border Force officials are constantly searching vehicles for a range of things, and when they detect animals being smuggled in illegally, they alert APHA.

The Government are responding to concerns about the welfare of puppies. This issue has been dear to my heart both as a Back Bencher and as a Minister. I am sure that the hon. Member for Islwyn will be reassured to hear that the Government are already implementing many of the measures that he seeks. Indeed, perhaps reading our consultation gave him some thoughts about this area. I am clear that the measures that we are implementing will improve the welfare of our dogs and give them the respect that they deserve.

Question put and agreed to.