Animal Welfare (Sentencing) Bill

Debate between Angela Smith and Lisa Cameron

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.

Puppy Smuggling

Debate between Angela Smith and Lisa Cameron

Tuesday 2nd April 2019 Westminster Hall

[Angela Smith]

Will the hon. Lady give way?

[Dr Cameron]

I will not, because we have little time.

[Angela Smith]

I just want to ask whether the same is being done in Scotland.

[Dr Cameron]

I will come to that. That historic change to the legislation will be the first major legislative step to help tackle not only illegal puppy smuggling and selling from abroad, but legal licensed puppy farm cruelty in this country.

Secondly, I am chair of the all-party parliamentary dog advisory welfare group, APDAWG. The group has successful meetings on this subject and well-attended members’ events. APDAWG—backed by a well-supported early-day motion and an e-petition, which secured over 100,000 signatures in just 13 days, and supported by the RSPCA, the Kennel Club and almost every other welfare organisation in the UK—was instrumental in the success of Lucy’s law. I commend all the work done to bring that forward.

Since I am the owner of a rescue dog, Rossi—a French bulldog, which is one of the most popular breeds for smugglers—it is not surprising that puppy smuggling is a subject close to my heart. It is also close to the hearts of my constituents in Scotland, where it is not uncommon for puppies to be smuggled in from Ireland and sold on via third-party dealers. The smuggling of puppies into the UK mainland for resale has been ongoing for many years and has repeatedly been raised by organisations such as Dogs Trust, which I commend for its work.

Welfare issues in pups and adult dogs include the conditions at breeding establishments where puppies are born and reared; the age at which puppies are separated from their mothers; the conditions under which puppies are transported; the length of travel time; the low standards of hygiene and increased risk of disease in undernourished, stressed young animals; the risk to public health and the health of the resident pet population from non-endemic and potentially zoonotic diseases entering the UK; and false documentation, fraud and tax evasion. That is by no means a complete list, but it gives some idea of the serious nature of the issue and how it affects both animals and humans.

The commercial sale of puppies through licensed third-party dealers provides a legitimate market for puppies imported from outside the UK. The existence of that market has significantly facilitated the lucrative legal and illegal puppy trade. Illegal dealers have been able to advertise and trade alongside licensed sellers because, under the outdated and recently repealed Pet Animals Act 1951, it has been perfectly legal for puppies to be sold on a commercial basis by persons other than the breeder, away from where they were born and without being seen alongside their mothers.

The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, which were introduced in October, have considerably tightened up the licensing requirements for dog breeding and selling. As we have heard, in December 2018 the Government committed to banning third-party sales of puppies and kittens in England in a measure known as Lucy’s law. That will be a significant development in the fight against puppy smuggling, so will the Minister give us a date for bringing it to fruition?

It is hoped that Wales and Scotland will also ban commercial third-party puppy sales to ensure that legislation is consistent across the UK and that anyone who sells a puppy on the UK mainland is totally traceable and accountable. Both legislatures have consultations under way on the issue.

I hope that I have suggested what the issues today are. I look forward to the Minister’s response.

Welfare of Young Dogs Bred for Sale

Debate between Angela Smith and Lisa Cameron

Tuesday 8th March 2016 Westminster Hall

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

I beg to move,

That this House has considered the welfare of young dogs bred for sale.

I am delighted to serve under your chairmanship, Sir Roger. It is a privilege to have secured this debate. This is an issue I feel very strongly about, having had rescue dogs in my family since childhood, and it is one on which there is overwhelming support from the public across the UK.

I would like initially to thank the organisations, many of which are represented here today, that work tirelessly on animal welfare and have supported this debate. They include the Royal Society for the Prevention of Cruelty to Animals, the Scottish Society for the Prevention of Cruelty to Animals, the Dogs Trust, Marc the Vet, the Blue Cross, Pup Aid and the Battersea Dogs and Cats Home, to name but a few. There are three important strands to this debate that I will cover: the breeding, trafficking and sale of young dogs. I know that other Members are keen to contribute, and I will therefore aim to be concise.

In terms of what is most visible to the public—the sale of young dogs—there is a real issue with puppies being sold in pet shops on our high streets. That is a long-standing issue, which was debated in this House only last year. The sale of dogs in pet shops gives the impression that they are mere commodities and does not afford them their status as man’s best friend.

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

I congratulate the hon. Lady on securing the debate. Can she inform the Chamber of the position relating to Scotland’s powers on the breeding and sale of dogs? Have the Scottish National party Government looked at this issue and are they going to act?

[Dr Cameron]

I am pleased to inform the hon. Lady that the Scottish Government are currently looking at this issue. I will touch on that later in my speech.

The sale of dogs in pet shops badges them as commodities and does not give a clear message to the public that a dog is for life. Pet shop puppies are often removed from their mothers too early, separated after just four weeks. Many have been reared in puppy farms, which many notable recent reports have exposed as unacceptable in terms of their animal welfare conditions. Puppy farms do not foster good care, socialisation or attachment with mothers, and we know that those issues contribute to poor temperament in dogs and an increased likelihood of illness and disease. That is not good for puppies, and it is not good for the public.

The high street is not, in my view, the place to buy a puppy. Selling puppies on the high street fosters puppy farming and puppy trafficking. It also leads to impulse purchases, where the household may not be best suited to the dog, nor the dog to the household. That is a very poor start. I am not alone in my view: polling indicates that 90% of the public do not wish to buy a puppy that has been reared on a puppy farm. People are often doing so unknowingly when they buy on the high street.

Numerous recent reports on puppy farming indicate an overwhelming lack of care and concern for basic animal welfare. Mothers who are used excessively as breeding machines for profit purposes are then discarded or even killed when no longer of any use. They are kept for their whole lives in cramped, unhygienic and often horrendous conditions that make us weep.

Puppy farming and trafficking is, however, big business. Recent studies indicate that, in the European Union, trade in cats and dogs is worth £1.3 billion annually. In 2015, 93,424 dogs were imported into the UK from the EU. The RSPCA indicates that in the past year, 30,000 dogs were imported to the UK from illegal farms in Romania, Hungary, Poland and Lithuania, and 40,000 came from Ireland.

[Dr Cameron]

The hon. Gentleman makes an excellent point. I feel extremely strongly about this. Having looked at the literature, it is clear to me that this is organised, professional and big business, and we must make concerted efforts to address it.

The RSPCA petition to scrap the puppy trade was signed by 50,000 UK citizens, with 82% of people surveyed indicating that they wanted the puppy trade scrapped. The petition highlighted the fact that a licence is needed to sell scrap metal, but not to sell man’s best friend. Concerns have also been raised by ferry companies and port authorities in Stranraer in Scotland and beyond that puppies brought in from the EU under puppy passport schemes often have no microchip, health certificates or rabies vaccines. That goes beyond animal welfare; it is organised and surely poses a public health risk.

Legislation must be fit for modern day society, where many transactions, including the sale of dogs, take place via the internet. The Pet Advisory Action Group indicates that, in conjunction with the authorities, it has had to remove 130,000 inappropriate adverts regarding animal sales. We must reform our system so that it is fit for purpose and so that welfare requirements are universal in our modern society.

We know that to develop into a healthy, well balanced dog, puppies must be reared in natural environments. It is recommended, including by the Department for Environment, Food and Rural Affairs, that puppies remain with their mothers for a minimum of eight weeks after birth. That must be properly enacted and monitored to protect dogs, ensure puppy development, attachment and socialisation, and reduce the incidence of aggression, illness and premature death. All responsible breeders should abide by the best standards and take pride in doing so. The “Where’s Mum?” campaign, supported by the public, highlights those issues and argues that puppies should only be purchased from a breeder when the mum is present and standards are adhered to.

The journey of a puppy should also be tracked from birth by registration and microchipping. Disreputable breeders ignore guidelines but often go unpunished, which only reinforces their behaviour. Guidelines indicate that dogs should breed no more than six times in their lifetime, and the Kennel Club’s recommendation is no more than four times. The Kennel Club reports that one in five pups bought in pet shops needs veterinary care or dies before they are five months old. They become sick due to the sickness of our system.

We are aware that animal welfare legislation is a devolved issue but close collaboration is needed to ensure that we get this right across the board and across the nations of the UK. In Scotland and England, further consultations are under way. The Welsh Assembly introduced additional animal welfare legislation in 2014. I ask that all Governments across the UK view these issues with the gravity they deserve. Actions, not merely words, are required.

I request today that the Minister consider the following. We need a public awareness campaign, co-ordinated across the UK, outlining how to recognise best practice in dog breeding and providing the public with guidelines on how and where to buy puppies reputably. We are looking for leadership on this issue directly from Government, and I would advocate that concerned citizens contact their MP or Member of the devolved Assemblies and ask them to champion that.

We need stipulations that those selling a puppy must have licences with adequate welfare conditions attached, and we must reduce the threshold for a breeding licence from four litters to two, as recommended. The construction and monitoring of a national database of puppy sellers is required to ensure the enforcement and checking of welfare conditions. The microchipping and recording of all puppies for sale is needed to ensure welfare and consumer confidence. Internet advertisers must also display the licence number of the puppy seller so that the puppy journey can be checked.

On welfare, the minimum age of selling a puppy at eight weeks should be not just recommended, but clarified and made mandatory. The principles of the assured breeders scheme must be enacted. Guidance under the Animal Welfare Act 2006 needs to be updated to prohibit the sale of puppies from pet shops or retail premises, and training and increased resource for local authorities should be provided to ensure that regulations are randomly monitored and enforced. Reporting on the monitoring and conviction rates of rogue puppy dealers and traffickers is needed. The public require action.

We must tackle the sale and trafficking of illegally imported puppies. Key agencies require regular shared intelligence across the EU and a published strategy that is monitored, enforced and reviewed. Visual checks must be routine for dogs entering the UK. That is required not just on welfare grounds, but on public health grounds, as outlined.

[Angela Smith]

I have listened very carefully to what the hon. Lady has said. I am glad to hear of a consultation by the Scottish Government, but I do not see, in anything she has said a clear commitment from them to do all the things that she is demanding of the UK Government—the Government relating to England. Is she saying that the Scottish Government will do all the things that she is outlining today?

[Dr Cameron]

I am saying that these are the issues that I wish to be taken forward across the UK, so that there are commensurate animal welfare policies right across all the devolved Governments and in the UK Parliament. I would not seek to pre-empt the outcome of any consultations, but this is certainly an issue that I feel strongly about. It is an issue I have brought to the House and I hope that the Governments will take it on adequately, given what I believe to be the gravity of the situation.

In conclusion, there is cross-party support on this issue. More importantly, there is widespread public support. Fundamentally, we are here to represent our constituents, not to enable big businesses trading in puppy maltreatment. The public demand and deserve action—meaningful action—on the welfare of young dogs bred for sale. We claim to be a nation of animal lovers; it is time that we walked the walk, because at this moment—today and tomorrow—puppies are being maltreated in this country by rogue breeders, traffickers and traders. We must put a stop to it.