Pet Abduction Bill

Anna Firth Excerpts

2nd reading
Friday 19th January 2024 Commons Chamber

[Anna Firth (Southend West) (Con)]

I beg to move, That the Bill be now read a Second time.

Britain is a nation of animal lovers. Our pets are part of our families. They comfort us when we are down and give us a huge amount of laughter, energy and joy when we are up—and, in fact, all the time. They make a house a home. That is why it is so heartbreaking when any one of our beloved pets is snatched away from us, and it is also why the taking, abducting or detaining of someone else’s beloved pet is such a sick and cruel crime.

I would be devastated if my own lovely cavapoochon, Lottie—who, I might add, was robbed at the Westminster dog show this year, but she will be back next year, going for the full prize—or one of my two cats, Merlin and Marmalade, were abducted, and I know that my esteemed predecessor Sir David Amess felt exactly the same about his beloved pugs, Lilly and Bo. I want to pause for a moment and remember Sir David, who was the national champion of pets. He not only chaired our last debate on pet reform, in Westminster Hall, but contributed to it. I clearly have a few tricks still to learn. It is always a privilege to build on Sir David’s legacy, and I have chosen to stand in this particular place in the hope that a few Members might just look behind me. Let us hope his light remains as we discuss this Bill.

In my constituency, the wonderful Ann Cushion co-founded a social enterprise called known as Tilly’s Angels, alongside Helene Leader. Tilly’s Angels unites owners with lost dogs and cats. It was started in 2016 and has grown enormously. Ann and Helene now have a team of 18 dedicated volunteers, and their Facebook page is followed by nearly 27,000 people in Southend’s SS postcode area. I am proud that we have seven Tilly’s Angels with us in the Public Gallery today.

In September 2021, a few months before I was elected, Ann was volunteering, helping to locate other people’s missing dogs and cats, when she went on a fly-by visit to her sister. On returning to her van, its door was open and all four of her beautiful rescue dogs—Mandy, Micky, Ruby and Chara—were gone. She still remembers the sinking, sickening feeling of seeing those four empty dog crates. She described it to me as being as if her babies had been taken, “The pain was indescribable.” Of course, it was ironic given the good work that she had been doing for many years to help others in the same situation. Luckily, because of Tilly’s Angels, 20 people were out looking within an hour. Within days an army of volunteers had swung into action, and her dogs were recovered in dribs and drabs.

Of course, the vast majority of these stories are not happy. The data shows that only 12% of stolen pets find their way back to their owners. The vast majority—88%, or over 2,000 dogs and cats every year—are not recovered, which is devastating for those families and owners.

Cat theft, which is included in my Bill, is just as harrowing. Helene from Tilly’s Angels told me of a lady who went into Colchester Hospital for cancer treatment, leaving her four cats in the care of a neighbour, only to find on leaving hospital that not only had the lady moved but she had taken the four cats with her, leaving no forwarding address or contact details.

[Ms Lyn Brown (West Ham) (Lab)]

How do people do that?

[Anna Firth]

It is unbelievable, isn’t it? Incredibly, two of the cats later reappeared in Leigh-on-Sea.

[Sir Edward Leigh (Gainsborough) (Con)]

I support the Bill, especially in memory of my dear friend David Amess. I am a dog owner, but one thing that slightly worries me is that cats are prone to wander, which is why we love them. Kindly old ladies sometimes see a wandering cat, pick them up and take them home, feeling that they are looking after them. Can my hon. Friend assure me that innocent ladies who pick up cats will not be enmeshed in this law?

[Anna Firth]

I thank my right hon. Friend for making an important point. The two offences are slightly different. The offence of dog abduction will be the taking and detaining of a dog, whereas only the taking, and not the detaining, of a cat will be criminalised, because cats roam. The behaviour of the two animals is different. There is also a defence of reasonable excuse. We do not seek to criminalise the good behaviour and good intentions of old ladies and many other people.

[Mrs Natalie Elphicke (Dover) (Con)]

I am hugely supportive of the Bill. The pain, upset and grief of losing a pet in these circumstances is terrible, as has been very well illustrated. Not every cat is a roaming cat. There are some very beautiful breeds—I might say the most special breeds—such as the Ragdoll that blesses my household, that do not roam. They are indoor cats. I would be grateful if my hon. Friend could reassure me that the indoor nature of some cats, which is very similar to that of a dog, has been adequately taken into account by her Bill.

[Anna Firth]

It is absolutely being taken into account; I thank my hon. Friend for raising that important point. There is no discrimination between cats and dogs when it comes to the penalty—they are being treated equally. It is only the way in which the offences are framed that is different. I absolutely take the point, and hope to illustrate it in more detail later.

Let me complete the story. Two cats reappeared, although one, sadly, reappeared dead on the road, and the other two are still unaccounted for. These tales abound wherever we go. Debbie Matthews, the daughter of the late, great Sir Bruce Forsyth—the only host, in my opinion, of “The Generation Game”—

[George Freeman (Mid Norfolk) (Con)]

Didn’t he do well?

[Anna Firth]

Didn’t he do well.

[Sir Oliver Heald (North East Hertfordshire) (Con)]

Keep dancing!

[Anna Firth]

We digress.

Debbie Matthews founded SAMPA—the Stolen and Missing Pets Alliance—after having a very similar experience, when her two dogs were stolen from a supermarket, as did Toni Clarke, who founded Pet Theft Awareness after her beautiful Siamese cat, Clooney, was stolen. The common thread that runs through all these stories is that the police response was practically non-existent. In Debbie’s case, the police told her that there was no point in them coming because nothing of value had been stolen from her car. Helen, who reported the incident of the cats I mentioned previously, was told by the police that they do not even consider a cat a possession. Of course, the approach varies across police forces—that is one problem that my Bill seeks to address—but that is simply not right and it has to change; and with this Bill, it will.

One reason that this legislation is so important is the sheer scale of these offences now. According to Direct Line, between 2018 and 2022 there were more than 12,000 dog thefts—an average of 2,400 a year, and the equivalent of seven dogs stolen every single day. Those figures are not complete, because not all forces even register such offences. Cat theft, which has been mentioned, is now catching up. According to Pet Theft Awareness, the police recorded that the number of stolen cats had jumped by 40% in 2021 to an all-time high of 560. Cat theft has quadrupled since 2015, and data from the Metropolitan police shows that cat theft as a proportion of total pet theft crimes rose from 6% in 2012 to 31% last year.

Cat theft is very much on the rise, and I am sure it is much connected with the beautiful breeds that some people have. One can only imagine the distress and anguish faced by owners of Siamese or ragdoll cats—these beautiful breeds that are kept inside—whose pets are snatched away from them. In saying that, I am not in any way diminishing the impact on me if Merlin and Marmalade, who are just normal old moggies, were taken; they are immeasurably valuable in my eyes.

I do not want to go any further without saying a huge thank you to some people who have done a lot of work on the Bill over many, many years. Dr Daniel Allen, an animal geographer from Keele University, and Debbie Matthews both campaigned for 10 years to get this far. The Conservative Animal Welfare Foundation has also done tremendous work, and is so ably led by Lorraine and Chris Platt, who I am glad are here with us today. I pay tribute to my right hon. Friends the Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Witham (Priti Patel), and my hon. Friends the Members for Stroud (Siobhan Baillie), for Dartford (Gareth Johnson) and for Ipswich (Tom Hunt) for all their work in this area over many years. In particular, the former Lord Chancellor and Secretary of State, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), was so instrumental in forming and leading the pet theft taskforce. It was his ingenious idea to move away from the more difficult-to-prove offence of pet theft to the more appropriate offence of pet abduction.

Public interest intensified during the pandemic, when breeders could not breed dogs but the demand for puppies and companionship soared, and we had a paradise for callous criminals who wanted to steal other people’s pets. That perfect storm of callous criminality caused a spike in pet theft, particularly of dogs, which led to the launch of the cross-Government pet theft taskforce in May 2021. It is important to stress that although this is a political issue, it is not, I hope, a party political one. The Bill has huge support from right across the House, for which I am very grateful.

That taskforce gathered evidence to understand the factors that contributed to both the perceived and real rise in pet theft. It heard concerns about the significant price rises for the UK’s most sought-after dog breeds during lockdown. According to the Dogs Trust, the price of some breeds rose by almost 90%. The number of “Buy a puppy” Google searches increased by more than 160% in the months between March and August, as everyone scrambled to buy their pandemic puppies. That led a number of sources, including animal welfare charities and experts, to suggest that those price increases almost certainly triggered the rise in pet thefts.

The findings of the pet theft taskforce showed that the emotional impact of having a pet stolen is high. Not knowing what has happened to a pet or where they are is an agonising situation to be in—one that all pet owners in the Chamber surely sympathise with. That emotional impact does not stop with the owners. The pets, too, can suffer from being taken away from their owners and thrust into an unfamiliar environment. There is also a high level of fear surrounding the victims of pet abduction. In fact, that was demonstrated to me last night when I took part in an hour-long phone-in on Iain Dale’s LBC show to talk about the Bill. Anyone who knows anything about Iain Dale knows what a massive dog lover he is. He has a walled courtyard at his house in which his two dogs, Woody and Dude, are allowed to go out, and it has a gate so that they are safe, but he is still worried and fearful that somebody else might get in. That was reflected in many of the calls, so this is still a real issue.

[James Daly (Bury North) (Con)]

This is a good Bill and I support it, but my concern is that an offence already covers this type of criminal behaviour. I do not believe that it is the difficulty in proving that offence that is causing the problem here; it is the police not taking allegations and investigations seriously. I hope that the new offence will impact on the police response so that they take the matter seriously. Does my hon. Friend think that it will achieve that?

[Anna Firth]

I share my hon. Friend’s interest in that area. Of course, those are questions that I have asked myself, and I think the answer is twofold. First, the police will have to assign a unique identifier to this separate offence, so we will finally be able to see the scale of the offence and which police forces are taking it seriously and enforcing the law on it. Of course, it would not be logical to suddenly find that pet theft is happening in only one or two counties but not in others—the degree might vary, but the offence is happening all over the country. Making it compulsory for the police to assign a unique identifier will, in itself, lead to greater enforcement.

The other point, which my hon. Friend does not directly touch on, is the sentencing for this offence. He will know that there have been many attempts to strengthen the sentencing guidelines, but he will also know, as a lawyer himself, about the separation of powers and that that is not a role for this place. However, by having a separate offence, there will be separate sentencing guidelines. I hope he is assured by that.

[George Freeman]

I strongly support the Bill and hope to catch Madam Deputy Speaker’s eye a little later.

On the point about the obligations and the legalities, I am reminded of a good friend of mine whose dog strayed on Hampstead Heath, was picked up by somebody, tied on a railing with a piece of string, and then stolen. Will my hon. Friend, and/or the Minister remind the House about the current differential obligations for dogs and cats, and what one is bound in law to do if one finds a dog or a cat at the moment, and under this Bill? What are everyone’s responsibilities?

[Anna Firth]

My hon. Friend raises a very important and interesting point, which we could discuss because there are already obligations on the statute book, as he knows. I will come on to deal with some of the points he has raised.

I want to turn next to the purposes of the Bill. The golden thread running through this Bill is that dogs and cats are sentient beings. They are not mere property; animals and humans can and do form emotional bonds and there is a devastating impact when animal abduction takes place, both on people and on pets. That needs to be properly reflected in our criminal law.

Hon. Members will know that the theft of a cat or dog is already a crime under the Theft Act 1968 and the Theft Act (Northern Ireland) 1969, but under those Acts the sentience and intrinsic value of animals is not recognised. So currently, in sentencing, a stolen rescue labrador is treated as no different from a stolen power tool, mobile phone, or computer—indeed, the theft of a labrador is probably treated as lesser since computers and smartphones are often of high value and considerations of financial value run through the Theft Act.

Pets are of course not mere property; we have heard many examples of that already in this debate. This Bill will create two specific offences of cat abduction and dog abduction in England and Northern Ireland. So if a pet is abducted, that will not be treated in the same way as the theft of a watch or a mobile phone or a power tool, all of which can easily be replaced. They might be worth a lot of money and replacing them might be inconvenient, but the item itself is not affected by the crime, whereas a pet is. The Bill recognises that pets are family, not property, and the trauma suffered by both the owner and the pet when the pet is abducted is very significant, and it is the intention of the Bill to allow the courts to consider this impact on both the owner and the welfare of the animal when deciding on the penalty.

The second issue the Bill addresses is that pet theft and abduction do not currently have a unique identifier in crime datasets. That is why it is so difficult to identify the number of pets stolen every year: it is impossible to distinguish in many police records between the theft of an inanimate object and the theft of an animal. Of course, some dogs and cats will be taken as part of a burglary or a robbery, so the fact that an animal has been involved will not be mentioned at all in police records.

In preparing for this Second Reading debate I issued freedom of information requests to all 45 territorial police forces in the UK asking for the number of pets stolen each year since 2019. The responses I received perfectly articulate the problem we face. As of this morning I had received responses from 30 of the police forces, but 12 of those 30 told me that they are unable to provide the information requested as their records do not distinguish theft of pets from general theft of objects. That means that I have only been able to compile for myself information on the covered areas, making up around 29% of the population of the UK. By introducing this unique identifier, we will help the recording of the crime and see the true extent of it.

The offences themselves will cover the taking of a cat or a dog, but also the detaining of a dog. Cats and dogs are the most commonly kept pets in our country. It is now estimated that over a quarter of all adults own one or both of those pets, so dogs and cats seemed the appropriate place to start, but the species are different, and are treated differently in the Bill. The detaining offence, which we have already talked about, does not apply to cats, as they generally have more freedom to roam without their owners. The Bill is not intended to punish incidents where there has been no malice or ill intent in looking after a cat that has voluntarily come to another person’s home. Many of us will have read the children’s book “Six Dinner Sid”, in which Sid the cat has his dinner at six different houses on the same street.

[Sir Edward Leigh]

This is a really important point. I am thinking of my wife’s grandmother, who in our family was known as Granny Meow, because she had 14 cats. None of those cats had arrived in her home—she had gone out and picked them up, because she thought they were strays. She was a completely innocent old lady; there was no question of her stealing anything. I just want to be absolutely sure that Policeman Plod cannot knock on her door and take her to court, or could not have knocked on her door—she is long since dead, of course. I want to be absolutely assured of that, because it is important that people have that reassurance.

[Anna Firth]

I can absolutely assure my right hon. Friend that it is specifically stated in the Bill that it is a defence that a person is picking up stray animals, or is involving themselves with someone else’s animal for good, honourable and noble reasons.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

This Bill is really important for a lot of people. Is it not the lesson of both “Six Dinner Sid” and Granny Meow—of course, at the end of “Six Dinner Sid”, Sid also went to the vet six times, which was not what he was looking to do—that we really want to encourage people to get their pets chipped, so that any confusion about ownership can be resolved? That is the same for cats as for dogs.

[Anna Firth]

I thank the hon. Member for her excellent point—in fact, there is another excellent private Member’s Bill on that topic further down the list today. She is absolutely right: we do not seek to criminalise anyone who looks after Sid, George, or any other stray cat.

The Bill includes an enabling power to extend the offences to other species of animal commonly kept as pets. If there is evidence of a significant number or a rise in cases of unlawful taking, the Government will be able to react in a dynamic way. When listening to the radio last night, I was very struck by the number of people who phoned in to talk about birds—in particular, birds of prey—being stolen, so that may well be an area that we look at in the future.

We have heard concerns about the fact that good behaviour should not be criminalised. I want to assure Members that while the Bill proposes offences meant to punish those who purposefully abduct a pet, it also creates exemptions for certain connected persons and subject to certain defences, such as a reasonable excuse for taking or detaining an animal. For example—we have already heard some examples—the offence will not apply in situations where a couple have got a cat or a dog while living together, then have a disagreement about the ownership of that pet and go their separate ways. That could include someone who is fleeing an abusive relationship taking their valued pet with them. Refuge has raised that specific point and is very happy to see that situation exempted in the Bill.

[Jane Stevenson (Wolverhampton North East) (Con)]

I will congratulate my hon. Friend again when I make my speech. She is raising such valuable points about the different circumstances that we will see a result of the Bill. Potentially in the future it will encompass a wider range of species than dogs and cats, so does she feel that we may need a widening of microchipping to encompass those pets? It will be difficult to prove ownership of animals that are not microchipped if they do not have distinguishing features.

[Anna Firth]

I thank my hon. Friend for an excellent point. The logic of that is irrefutable, and I agree with it wholeheartedly.

[James Daly]

The lawyer in me is coming out here. Does “lawful control” mean ownership?

[Anna Firth]

I am almost certain that it does, but I will have to refer to my notes to be precise. Perhaps I could come back to my hon. Friend on that, but it extends wider than ownership. It is designed to encompass a vet, a dog sitter or somebody else with a role in relation to the animal in question. I hope that helps my hon. Friend.

I hope that many hon. Members in the Chamber will volunteer to be on the Bill Committee—indeed, I consider that they almost have volunteered. It is so important that we do not over-criminalise well-meaning behaviour. The situation in relation to stray dogs, where people have simply meant to provide shelter to an animal for a reasonable period of time if they believe it to be without a home, will not be caught by the Bill. In Northern Ireland, a defence will apply to a person finding an unaccompanied dog.

Most importantly, the Bill will introduce a new offence whereby if someone is found guilty of dog or cat abduction, the offender will be liable to a fine and up to five years in prison. The maximum term of imprisonment is comparable with provisions for animal welfare offences under the Animal Welfare Act 2006 and the Welfare of Animals Act (Northern Ireland) 2011. The Bill lays a marker that the abduction of our beloved pets will not be tolerated. Any distress caused should be taken into account, and the Bill will also give the opportunity for monitoring.

[Mrs Elphicke]

I would like to reflect on cats, particularly the enormously precious indoor cat breeds. In relation to the sentencing provisions, how will the distress to the animal be demonstrated to the court? Does my hon. Friend consider that there might be a victim witness statement from the owner or usual keeper, or a statement from a vet? In what way does she consider that the distress may be evidenced adequately to the court?

[Anna Firth]

My hon. Friend makes an excellent point. I cannot be prescriptive today about how that will be demonstrated, but I can assure her that there would have to be evidence. The court could not take distress into account without some reasonable evidence. Sometimes, that evidence will be self-evident. Sometimes, it will be provided by owners or passers-by. I am not suggesting that it would have to be expert evidence, but there should be some evidence for the court to look at.

Finally, I pay tribute to all the organisations that have been involved in getting us to this stage. I have mentioned the Conservative Animal Welfare Foundation; I should also like to mention Cats Protection, the Dogs Trust, Battersea Dogs & Cats Home, Refuge, Iain Dale and LBC, and of course Southend’s own Tilly’s Angels, and thank them for all their invaluable support and engagement with the Bill.

If the Bill is enacted, we will have better protections for our pets, we will have offences that duly recognise that our pets are sentient beings, we will be better able to record and track pet abduction, we will have a better deterrent, and I hope we will see a prosecution rate greater than 1%, which is what it is now. Pets are valuable and much-loved members of our family. They ask little of us in return for their love and loyalty—

[George Freeman]

Not cats.

[Anna Firth]

Except in the case of some cats, pets ask little other than that we keep them safe. They deserve our support and protection. I thank hon. Members on both sides of the House for their support.

--- Later in debate ---

[Anna Firth]

With the leave of the House, I thank all hon. Members on all sides of the House for coming to this debate. We had a fantastic debate in which we all recognised the importance of animal welfare not just to us but to our constituents and the whole country.

I particularly thank the shadow Minister, the hon. Member for Cambridge (Daniel Zeichner), for his support. As we heard from the Minister, we have the support of the Government. I was particularly pleased to hear her comments about commencement. All eight speeches were fantastic, and I have taken very detailed notes. I thank everybody for all their points—the legal points made, the information we had about the journey and the taskforce, the data, the other possibilities for strengthening the Bill, the possible loopholes, and all the wonderful stories about people’s dogs and animals.

I finish by saying how grateful I am that we can use this debate to acknowledge the hard work of so many Members over so many years. I hope we can pass this legislation for our constituents who are animal lovers, and show the nation that we value our animals and we will work together for the reputation of our nation as a world leader in animal welfare. I thank Members.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).