(3 months, 1 week ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
It is a huge privilege, having already had the pleasure of guiding my Pet Abduction Bill through the Commons this Session, to have the opportunity to debate my other private Member’s Bill, which I first introduced in the previous Session. This Bill, as the Minister knows, would amend the Animal Welfare Act 2006 to require a person in charge of a dog to take all reasonable steps to ensure that that dog does not fatally injure another dog, and would impose criminal liability if they fail to take reasonable steps and their dog fatally injures another dog. That is to plug a gap in the Dangerous Dogs Act 1991 that was painfully brought to my attention, which I will come on to. Before I go any further though, I thank the Conservative Animal Welfare Foundation, so ably led by Lorraine and Chris Platt, for all its help in getting the Bill as far as we have today.
We all know that we are a nation of dog lovers. There are now some 12 million dogs in the UK; that is more than the populations of Essex, Suffolk, Norfolk, Cambridgeshire, Bedfordshire and Hertfordshire combined, and then doubled. That works out to nearly half of all households in the UK having a dog. And we all know how loved our dogs are; we only have to look at the excitements of the Westminster dog of the year competition to see that. Indeed, as the House well knows, my cavapoochon, Lottie, is a much-loved member of our family. Companionship is the most common reason for having a dog and that was absolutely the case for my constituent Michael.
Michael was one of the first constituents who ever came to see me—in fact, he came to see me even before I became a Member of this House—and he was so distressed and in such anguish that it was a pleasure to take up his cause. Michael had a friend called Emily, who sadly died, and he adopted her beautiful white fluffy bichon frisé bitch, Millie, both to keep him company and to help him to grieve his friend, Emily. However, around two and a half years ago, Millie was savagely attacked by an off-lead, out-of-control dog while Michael was walking her through the rose garden in Chalkwell Park in Leigh-on-Sea.
Michael remembers the attack as if it were yesterday. It was like watching a horror movie. He described how the dog came at Millie like a missile, even though Millie was on the lead, and
“shook her like a rag-doll.”
Poor Michael watched, helpless, as Millie was literally torn apart. After the attack, the best he could do was carry her to the nearest vet’s, all the while bleeding and with serious open wounds to her abdomen. To add insult to injury, the owner of the dog that attacked Millie refused to take any responsibility for the attack, refusing to pay the vet’s bills for euthanasia.
No owner or dog should have to go through what Michael and Millie went through, and Michael is devastated and scarred by that experience even to this day. Obviously, he reported the matter to the police, but he was told there was nothing they could do because the incident was dog on dog and no human had been injured. You will know, Mr Deputy Speaker, that dog-on-dog attacks are becoming more commonplace; I am sure you have seen the extensive reports in the media and we only have to google “dog-on-dog attacks” to see a long list of news reports. Just this month, on 9 May, a couple was featured after their dog was so savagely attacked that they were hit with a staggering £23,000 vet’s bill for its treatment.
The loophole in the Dangerous Dogs Act 1991 is unacceptable and that is why I chose to reintroduce the Bill this Session. I am aware that most presentation Bills never make it on to the statute book, so I am pleased to report to the House that, as a result of the Bill and of my lobbying the Government, Department for Environment, Food and Rural Affairs officials have been working with the Crown Prosecution Service to update its prosecution guidance on dog attacks and attacks on other animals. That guidance now makes it explicit that a dog-on-dog attack can be prosecuted under section 3 of the Dangerous Dogs Act, the offence of a dog being dangerously out of control.
That is a good step forward, but the keyword is “can” —a lot of things can be prosecuted, but simply are not. I remain concerned primarily because there is no exhaustive definition of what a dog’s being dangerously out of control actually means. For example, those same sentencing guidelines state that
“it does not follow that if the dog causes injury, the dog was dangerously out of control.”
We could therefore have the ludicrous situation where a dog kills another dog and it is not deemed to be dangerously out of control—if, for example, the owner of a dangerous dog deliberately sets it on a neighbour’s dog. Although the updated guidance is a step forward, it does not deal with the problem I seek to address.
My hon. Friend is making a powerful speech and giving some very upsetting and tragic examples of how dogs attack dogs. Does she see similarities between this Bill and the Dogs (Protection of Livestock) (Amendment) Bill, which we discussed earlier, where the dogs have attacked livestock, and does she agree that more must be done to ensure that dog owners behave responsibly?
I thank my hon. Friend for making that point, which is absolutely right. This is about placing responsibility on the owner, not criminalising the dog itself. That is exactly why I am bringing forward this private Member’s Bill.
When I first introduced the Bill, I was contacted by many dog owners up and down the country, who shared heartbreaking tales about the loss of their treasured dogs. Many of them have contacted me again and are delighted that the Bill is being reintroduced today. Let me deal first with the scale of the problem. The Minister knows that, in order to support Michael, I submitted freedom of information requests to all 43 territorial police forces in the UK, asking whether they record dog-on-dog attacks as a separate offence and, if so, how many they have recorded over the last five years. Shockingly, only 14 police forces currently record a dog-a-dog attack as a separate incident. In 2016, they recorded a total of 1,700 dog-on-dog attacks. Five years on, the number had skyrocketed: in 2021, the same 14 police forces recorded 11,559 dog-on-dog attacks—a 700% increase—with a shocking 2,264 in London alone. The true incidence of dog-on-dog attacks is likely to be even higher, because the fact that a police force does not record dog-on-dog attacks as separate offences does not mean that they are not happening.
On the current legislative framework, laws have been strengthened in recent years to protect the public where a dog presents a risk to public safety—whether in public or in private—but it remains the case that a dog owner is not automatically liable for any form of criminal prosecution when their dog fatally injures another, unless the other dog is a guide, assistance or service dog, the dog bites a human, or
“there are grounds for reasonable apprehension that it will injure any person”.
That sounds good—it is an objective test—but it is not universally applied, and the proof of the pudding is what happened in Michael’s case. He was asked whether he wanted to press for some sort of prosecution, but he said that he had not feared for his own safety. It had been clear that the dog was going for the smaller dog, and Michael did not fear that there was a danger to himself at that point. The law does not adequately cover this type of incident, and pet dogs should have the same protection as guide, assistance and service dogs, because the loss that is felt by a family following the death of their beloved companion is the same, if not more.
My hon. Friend is making an eloquent speech. Some of the most distressing cases that have come into my inbox over the years have involved a precious pet facing these sorts of circumstances. I completely agree with her that, if we can make laws to protect guide dogs and assistance dogs, we should be able to do the same for precious pets, which mean so much to so many families.
I agree. That is exactly what this Bill—Emilie’s law—seeks to do. It will close the loophole and deal with this issue as a matter of animal welfare, placing responsibility on the dog owner. It is not about dogs, because dogs have owners. The owners should be responsible.
I am listening with considerable interest. There are a large number of farmers in my area, and some of them are sheep farmers. One of their complaints is that people stray on to their land with their dogs and often let them go. Let us imagine a situation in which a farmer is bringing in his sheep and has sent out his huntaway, which disappears over the brow. Unbeknown to him, a stray dog attacks the huntaway, which will probably be bigger than most dogs, and the stray dog is killed. Who is to blame?
I am grateful to my hon. Friend for his intervention. As I said at the beginning of my speech, the Bill is about placing responsibility on a dog owner to take all reasonable steps. In that instance, it may be that the farmer has taken all reasonable steps, in which case there would not be liability; if he has not, he would potentially be caught by the Bill.
First, the Bill would criminalise fatal dog-on-dog attacks, extending the same protection to pet dogs that already exists for service, guide and assistance dogs. Secondly, Emilie’s law would empower owners to pursue justice if their beloved pet is brutally attacked, while not demonising any particular breed or creating unhelpful stereotypes around certain breeds of dog. As I have said, the issue is poor ownership. Thirdly, the Bill would encourage responsible dog ownership and animal welfare by placing the responsibility for a fatal dog attack fairly and squarely on the person in charge of the dog, and empowering the police to take action, which will have a deterrent effect, thus encouraging more responsible dog ownership.
It is important to note that the Bill also includes a number of defences for good owners who are not to blame if their dog causes a fatality, such as if the dog that caused the fatal injury was responding to provocation from another animal or human, and the steps taken by the responsible person to prevent the situation from escalating. The point is to keep the onus on owners but ensure that they are dealt with fairly, and not punish them for a situation out of their control. Finally, my Bill would ensure that local police forces record dog-on-dog attacks as separate offences, enabling us finally to see the full scale of these offences.
The Bill is about protecting every single dog across the UK. The vast majority of dog owners are responsible but, for those who are not, there must be consequences. Passing the Bill would make our dogs safer, and it would also make our parks, streets, towns and cities—especially the new city of Southend—safer places for us and our dogs to live, work and visit. Finally, the Bill would send yet another signal to the world that we in the UK take animal welfare seriously, and make us the international exemplar that we all know we are. I have left just a little time, in which I hope to hear from the Minister.
(3 months, 1 week ago)
Commons ChamberI agree very much with my hon. Friend, who is right to recognise that. There have been particular concerns since covid that the training of dogs can often be challenging. The NFU and others have led me to believe that dogs left at home can often break out. The owner will not even know anything about an attack or livestock worrying, but the consequences can be significant. It is not simply that a dog will bite or kill a ewe or a calf; it is important to recognise that even just dogs running around can cause ewes and pigs to have abortions and so on.
My right hon. Friend is making an excellent speech, and I thank her for bringing forward this Bill. She is a true champion of the farming community in Suffolk and across the country, and she talks about the NFU. She will know that it is not just about the individual cases but about the scale of this problem, which I am happy to say does not exist in Southend. The NFU Mutual data shows that the value of claims for dog attacks on farm animals rose to more than £1.8 million in 2022. I did not know before preparing for today’s debate that, as she points out, it is not necessarily about when a dog comes into contact with a sheep. Just having dogs chasing sheep can cause a pregnant ewe to die or miscarry—
Loud cheers from behind me. We are making great progress on delivering so many of those measures that were originally intended in the Animal Welfare (Kept Animals) Bill. I think the record shows, as does today’s Bill, that the Government are dedicated and committed to improving animal welfare. Indeed, we have the highest welfare score of the G7, according to the World Animal Protection index. That is something of which the Government should be proud. I know that Mr Deputy Speaker is a great animal lover as well, so this is very pertinent to him.
We have given the Bill a thorough review today. It will give much added protection to our valuable livestock, and will send important signals to the public regarding access to the countryside with a dog.
Nothing more remains than to thank everybody involved—all of the officials who have worked so hard on the Bill and helped to guide it through both House, and the Opposition for their support. More thanks also go to my right hon. Friend the Member for Suffolk Coastal. I am delighted to support the Bill, and I look forward to seeing it on the statute book.
Question put and agreed to.
Bill accordingly read the Third time and passed.
(4 months, 1 week ago)
Commons ChamberI am delighted to have another opportunity to speak about this important Bill, and to speak to amendments 19 and 20, which are minor technical amendments in my name. I thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for his interest in the matter. I hope he will forgive me when I say that his amendments seem to fall into two broad groups: laudable concern about microchipping; and legal issues about the offence as drafted.
I will start with my hon. Friend’s amendments concerning microchipping. It is very clear that he has a great passion for ensuring that keepers microchip their pets. I am sure that we can all get behind that as a general point; that is a very responsible way for dog and cat owners to behave. Microchipping is a safe and reliable way of identifying animals. Whether they are found as strays, or whether, in keeping with the topic of this debate, they are recovered having been abducted, the microchip should be a lifeline to help them get home. That is obviously good for the animal and good for the keeper.
I agree wholeheartedly with my hon. Friend’s wishes to ensure that we are more responsible and that we encourage microchipping, although I do not agree with his trying to lever those principles into the Bill. The microchipping of dogs has been compulsory in England since 2016, nine years ago. It has also been compulsory in Northern Ireland since 2012. As he rightly points out, microchipping has been a success story: around 90% of dogs in the UK are already microchipped. There is also good evidence that microchipping works. The Government’s recent post-implementation review of the Microchipping of Dogs (England) Regulations 2015 concluded that the introduction of the regulations had increased microchipping and reunification rates, with obvious benefits for animal welfare and pet owners.
I am delighted that these benefits are soon to be extended to cats, through the Microchipping of Cats and Dogs (England) Regulations 2023. I agree with my hon. Friend when he says that all cats over 20 weeks in England will need to be microchipped from 10 June of this year, in a couple of months’ time, before—this is the key point—the Bill comes into effect. Indeed, already, more than 70% of cats in the UK are microchipped; the levels are similar in England and Northern Ireland. The amendments that my hon. Friend seeks to make today are totally unnecessary, because we will be overtaken by events in relation to the microchipping of cats.
The effectiveness of microchipping relies on keepers ensuring that the information on the microchip is up to date. That is what the police and the rescue centres need: accurate information to enable them to reunite the keepers with their animals swiftly and efficiently. As I keep saying, I could not agree with my hon. Friend more on the importance of that, but I do not think that it has anything to do with the Bill. I am sure that my hon. Friend the Minister will want to go into more detail about ways in which he intends to encourage more microchipping.
I understand my hon. Friend’s motivation for his amendments 3, 5, and 8 to 16 to further incentivise compliance with microchipping, but as I have already made clear, there is a high level of compliance already, and further legislation is coming down the track shortly. There is also an effective enforcement mechanism: where a dog in England is found not to have a microchip, police in local authorities have the power to issue a notice. That notice will require the keeper to get that dog microchipped within 21 days. That will apply unless the dog has been certified as exempt from the microchipping, perhaps by reasons relating to health, and it is an offence to fail to comply with that notice. A person would be liable for a fine of up to £500, and the same regulatory regime will soon come into force and apply to cats.
As I have said, these amendments are not necessary, because we will soon be overtaken by events. However, far more importantly, amendments 3, 5, and 8 to 16 would restrict the scope of this Bill considerably. Amendments 10 to 16 would remove cats from the Pet Abduction Bill entirely, as well as removing certain dogs from the scope of the offence. I regard that as a very retrograde step indeed, and one that I would oppose entirely. This legislation has been a long time coming. It has been very carefully considered by the pet theft taskforce, involving three Government Departments, and to seek to undermine it in this way is entirely wrong.
No, I will not give way. My hon. Friend had a very long time to speak and I would like to get through my remarks.
Cats are among the most beloved pets in the UK. There are around 11 million pet cats across the country, and a quarter of households have them. I must declare an immediate interest here, as I have two wonderful cats, Merlin and Marmalade, who are appalled by these amendments, which would take them entirely out of the protection of the Bill.
We heard impassioned stories on Second Reading about the importance of cats to people and the heartache it would cause them if they were lost. We heard about Mrs Landingham, the cat of my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), and Liesl von Cat, the cat of my hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon). We heard from my hon. Friend the Member for Dover (Mrs Elphicke) about her beloved ragdoll cat and we have of course heard about Cats Protections today.
The “Cat Theft Report 2022” from Pet Theft Awareness shows that cat theft increased by 40% in 2021 and more than quadrupled between 2015 and 2022. This is a growing problem. Cats deserve the same protection as dogs.
I have already said to my hon. Friend that I will not give way at this point—
I am grateful to my hon. Friend for giving way. It is a debate, and I wondered if instead of giving percentage increases she could give put a figure on the number of cat thefts.
My hon. Friend is right to suggest that it is small. It is a matter of hundreds, not thousands. The point that I am making is that it is increasing. I do not believe that cats deserve less protection. As we heard on Second Reading from the hon. Member for Walthamstow (Stella Creasy), who is not in her place, Bengal cats, which have a value of thousands of pounds, are among the cats being stolen. We can check Hansard, but from memory they might be worth as much as £5,000. The number of cats may be small, but the value of the cats both to the owner and in actual fact is significant.
My hon. Friend is making a very good point. It is about not just numbers but the emotional impact on families. I declare an interest, as I lost a kitten at the age of four. It still comes into my mind when I think about this Bill and how important it is. It had an emotional impact on my whole family. Numbers do not give the full flavour of the impact on the community across the United Kingdom who are cat lovers as well as dog lovers.
I am grateful to my hon. Friend for that point. She is absolutely right. Whether someone’s cat is a mongrel, a rescue cat or a stray cat that they have rightly adopted and looked after, or—I have just checked Hansard—a £5,000 Bengal cat, to the owner they are a member of the family, and they deserve the same protection. Merlin and Marmalade deserve exactly the same protection as my precious Cavapoochon, Lottie.
The House of Commons Library helpfully prepares a brief for these debates and it refers to Pet Theft Awareness, which conducted freedom of information requests across a number of forces. Some of the biggest forces, including Greater Manchester and others, did not respond, but taking the figures from the Metropolitan police and applying them at the same percentage rate, we get a figure of around 1,500 cat thefts a year, rather than the 500 or so that were referred to.
I am grateful to my hon. Friend for bringing that more accurate information to the Chamber and illustrating that we are talking about a figure in the thousands for cats, just as for dogs. If we were to remove cat abduction from the Bill, as per the amendments from my hon. Friend the Member for Christchurch, we would be sending a clear message that cats do not matter as much as dogs. That would be wholly wrong. It would certainly be met with a great deal of resistance from my constituents in Southend West.
While I am on the subject of cats, I would like to correct the record. It has come to my attention that, in Committee on Wednesday 31 January, responding to a question from my hon. Friend the Member for Dover about indoor pedigree cats such as ragdolls, I inadvertently misspoke. When speaking about extending some of the dog provisions to holding indoor cats, I said that clause 3 should enable further provisions to be made, but that is not the case. The enabling power in the clause relates only to the abduction of animals commonly kept as pets other than dogs and cats. I want to make that clear. However, as I said clearly in Committee, and as I assured hon. Members then and now, clause 2 already applies in relation to the taking of a ragdoll cat.
The amendments would exclude certain categories of dog. Although amendment 8 acknowledges that dogs can temporarily be exempt from microchipping requirements for medical reasons, it does not recognise that puppies do not have to be microchipped until they are eight weeks old. Were the amendment to be accepted, a person taking or detaining puppies would be entirely exempt from the offence of dog abduction, yet we know that high-value puppies may be the subject of organised crime. Yesterday, I consulted the police and crime commissioner for Essex, Roger Hirst, about the Bill, and he reminded me—as an Essex MP, you may recall this case, Madam Deputy Speaker—that a litter of blue merle French bulldog puppies, valued at £100,000, in nearby Basildon was stolen in its entirety, in a clear case of organised crime. To exclude puppies from the Bill would be another extremely retrograde step.
The amendment would have the same effect in relation to dogs that have been imported into England by their keeper for a holiday of less than 30 days, as the 2023 regulations do not require them to be microchipped. It would also exclude certain working dogs, such as police and Army dogs, that do not have to be microchipped until they are three months old; they would be unprotected before then.
In addition, there is a risk in relying on a definition laid down in secondary legislation that is crucial to the interpretation of the Bill. There is a risk of unintended consequences in the application of the offences were the secondary legislation to be amended. Furthermore, the Microchipping of Cats and Dogs (England) Regulations do not apply in Northern Ireland, which has its own microchipping legislation. As a result, if the amendment were made, the abduction of most dogs in Northern Ireland would be excluded from the scope of the dog abduction offence—another backward step.
It is important to recognise that the abduction offences in the Bill are deliberately framed around the broad concept of lawful control. By not using terms like “keeper” or “owner”, the Bill recognises that different people have lawful control of our dogs at different times. By changing the wording as proposed in amendments 3, 5 and 9, a person taking a dog so as to remove it from the lawful control of a dog walker, for example, would not be committing an offence. I do not believe it is right for a dog to be afforded different levels of protection in law according to the individual the dog happens to be with at any given time. We know that dogs are commonly abducted from parks or gardens, when they may well be under the lawful control of a dog sitter, a dog walker, or another member of the family. Why should a dog that is stolen or abducted in those circumstances be dealt with differently? I do not believe that it should be, and think most people in this country would agree.
In summary, I believe that abducting a dog is an abhorrent crime—I think we can all get behind that idea —regardless of whom the dog was taken from, and exactly the same is true for cats. Although I am of course sympathetic to the underlying intention of amendments 3, 5 and 8 to 16, they move the Bill far away from its intended spirit. We simply cannot create a two-tier system in which only microchipped animals are in scope of the legislation. Given that the legislation implicitly recognises that cats and dogs are sentient beings, it is absolutely not right for only those that are microchipped to be protected, so I urge my hon. Friend the Member for Christchurch not to press those amendments. I will leave it to the Minister to address my hon. Friend’s new clause 1 and amendment 21.
I beg to move, That the Bill be now read the Third time.
May I put on the record, on behalf of everybody in Southend West, our condolences to Mr Speaker and his family on the loss of his esteemed father, Doug Hoyle?
I am delighted to present this Bill for its Third Reading. I am grateful to all Members who have engaged so passionately and shared their stories at all stages, and I will keep my remarks as brief as I can so that other Members can get in. I will start, as I did on Second Reading, by taking a moment to reflect on my predecessor, Sir David Amess, who was a true titan when it came to championing our pets, particularly dogs. As I mentioned on Second Reading, he chaired and spoke in the last debate that we had in this place on pet reform, and I know that he would be so proud that Southend West is playing a pivotal role in bringing forward this legislation. I, too, am proud to be building on his legacy again today.
When I introduced the Bill, I started by saying that Britain is a nation of animal lovers and that pets are part of our families. I believe that our discussions, both today and at all previous stages, have illustrated that perfectly. We are showing that cats and dogs are not just items, and that abducting them causes real distress to families and individuals, because actions speak far louder than words. This Bill will send a signal that we take animal welfare seriously in the UK.
One wonderful thing about the House is that we are often united when it comes to issues of animal welfare. We are united in sending a signal to the world that we believe in, and are proud of, our record on animal welfare. Of course, I have lots of people to thank. I thank the people who have made significant contributions in this area over many years, including my right hon. Friends the Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for Witham (Priti Patel); my hon. Friends the Members for Stroud (Siobhan Baillie), for Dartford (Gareth Johnson) and for Ipswich (Tom Hunt); the former Lord Chancellor and Secretary of State for Justice, my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland), with whom I was at Bar school; my hon. Friend the Member for Dover (Mrs Elphicke); Dr Daniel Allen; and Debbie Matthews, the daughter of the late Sir Bruce Forsyth.
I thank the many organisations that have given input and support, including the Conservative Animal Welfare Foundation, which is so ably led by Chris and Lorraine Platt; the Stolen and Missing Pets Alliance; Pet Theft Awareness; Cats Protection, which we have heard about again today; the Dogs Trust; Battersea Dogs and Cats Home; Refuge; and of course Southend’s own Tilly’s Angels, which prompted me to take this Bill on board.
I also thank the brilliant Essex police, fire and crime commissioner, Roger Hirst, for his help and support, and, more importantly, for all that he does to tackle pet abduction in Essex. Tackling pet abduction, in particular dog theft, is a key objective in his police and crime plan. As a result of his focus and the extra resources he deploys, we have seen a 10% reduction in the dog theft figures over the past year. He does fantastic work. If anyone in Essex wants to help him to keep fighting pet abduction, they will have the opportunity to do so on 2 May.
I want to emphasise the timely nature of the Bill. Since Second Reading, new figures have been released by Direct Line showing a 6% uptick in the number of dogs abducted in the past year, with only one in six found and returned. That is the lowest recovery level since 2015. Those figures should concern us all, because of the number of pets who are traumatised and separated from their owners, most of them permanently. Families are going without a beloved member of the family. As I have said throughout, that is exactly what our pets are.
We have also seen distressing articles in my local paper about attempted pet abductions, which also seem to be on the rise. Only last month, my local paper, the brilliant Southend Echo, carried an article about two thugs in Benfleet who jumped out of their van and hit a pensioner over the head with a lump of wood in an attempt to force him to hand over his beloved cocker spaniel. Thankfully, the pensioner incurred only minor injuries and the dog was unharmed, but he was obviously deeply shaken. This week, there has been a report of another incident in Benfleet; a man was attacked by two men in Woodside Park who were attempting to steal his dog. Those reports underline how important it is that we get the Bill on the statute book, and that the police start taking action to enforce it. These really are shocking incidents, and I implore all hon. and right hon. Members to back the Bill.
Pets need to be recognised in law for the sentient beings they are. Their place in society needs to be properly recognised by the law of the land. The Bill is the opportunity to do that. I hope all Members support it.
With the leave of the House, I thank everyone here for their contributions to the debate, and I extend that thanks to Members who are unable to be here but who contributed to past debates. In particular, I thank those who attended Second Reading and/or Committee stage, including the hon. Members for West Ham (Ms Brown), for Walthamstow (Stella Creasy), for Bootle (Peter Dowd), for Canterbury (Rosie Duffield) and for Selby and Ainsty (Keir Mather); my right hon. Friends the Members for Gainsborough (Sir Edward Leigh) and for Suffolk Coastal (Dr Coffey); my right hon. and learned Friends the Members for North East Hertfordshire (Sir Oliver Heald) and for South Swindon (Sir Robert Buckland); and my hon. Friends the Members for Dover (Mrs Elphicke), for Mid Norfolk (George Freeman), for Bury North (James Daly), for Wolverhampton North East (Jane Stevenson), for Stoke-on-Trent Central (Jo Gideon) and for West Dorset (Chris Loder)—and I of course thank my hon. Friend the Member for Darlington (Peter Gibson). It really has been a huge cross-party effort.
I would like to echo the thanks to those who have spoken today. It has been wonderful to hear many of the points that we talked about at length on Second Reading refreshed, echoed and underlined so ably. To my hon. Friend the Member for Milton Keynes North (Ben Everitt), I give my regards to Magic and Ninja. I thank him for reminding us again of “Six Dinner Sid” and the beauty of his constituency. My hon. Friend the Member for North West Norfolk (James Wild), who is such an able advocate for cats, reminded us of the figures from Cats Protection.
I thank my hon. Friend—I hope I can pronounce the constituency correctly—the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron)—[Interruption.] Almost. I thank her for speaking so movingly on Report about cats and their sentience, and her experience with her kitten. It will stay with me for a long time. My hon. Friend the Member for Darlington is such a true animal lover and has backed the Bill right from the beginning. With uncharacteristic modesty, he did not mention Clemmie, Peppy and Ebony today, but please send my regards to them.
Finally, I thank very much my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) for coming today and for everything he said, including the wonderful tribute to my predecessor. I cannot help but think of the saying that people sometimes become like their pets. He mentioned that he had a dachshund called Tiger, and the way he champions his causes in this place brings that magnificent beast to mind.
Is my hon. Friend saying I am like him because he was tiger-like or because he was small?
I was of course being nothing but wholly complimentary. It was about the strength, tenaciousness and effectiveness with which my right hon. Friend makes his points—and that killer blow he so often brings to mind with his advocacy.
Of course, I must thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for his interest in this matter, for campaigning on microchipping and for the progress that we have made on that today. Equally, I thank the Opposition for their support, particularly the hon. Member for Cambridge (Daniel Zeichner). I think back to all the stages of this brilliant cross-party cause for which he has been with us. In that spirit, I would like to take a photograph to celebrate this groundbreaking legislation leaving the Commons, and I invite everybody who wants to take part to Westminster Hall at 2.40 pm—everybody is absolutely welcome.
I thank the Clerks and the DEFRA officials for their advice, and the excellent team in my office, who have worked so hard to make this happen. Of course, special thanks go to my constituency neighbour and Comptroller of His Majesty’s Household, my hon. Friend the Member for Castle Point (Rebecca Harris), who is also a huge animal lover. Without her advice, we would not have got this and so many other private Members’ Bills to this stage so swiftly. She is both the queen and the unsung hero of our sitting Fridays—I am not sure you can be both, but she manages it. I thank Lord Black of Brentwood for making the Bill a truly Essex affair by agreeing to take it through the other place. It will be in an incredibly safe pair of hands. I cannot help but observe that where Southend and Essex lead, the nation so often follows.
Once again, I thank everybody. Animal welfare unites this House. I look forward to the House sending a clear message that the abhorrent crime of pet abduction will not be tolerated and needs to come to an end; pets are so much more than just a piece of personal property. Through the Bill, I hope that that day comes very soon.
Question put and agreed to.
Bill accordingly read the Third time and passed.
(5 months, 1 week ago)
Commons ChamberI am extremely keen to get the ban on wet wipes delivered. Has the hon. Lady spoken to her colleagues in the Welsh Labour Government? As she knows, these things need to go through with agreement from the devolved Administrations. I can assure her that I am pressing very hard on that, and hope to have something to announce very soon. [Interruption.] I will take the chuntering from the Labour Front Benchers into those discussions.
Ministers are already aware of the success of my quarterly water summits, which have caused Anglian Water to beat the Government target for reducing storm overflows by five years and to pilot all-year-round testing of our bathing waters. However, one agency consistency failed to attend: the Environment Agency. Will the Minister come to the next summit and bring the Environment Agency with him?
There is no doughtier champion than my hon. Friend, who has been lobbying me on this issue. I am happy to commit to the Environment Agency attending her next summit, and I will also attend in person.
(6 months, 3 weeks ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Sir George. I thank all right hon. and hon. Members for considering my Bill and being in Committee today. Before we get into the meat of the Bill, I would like to say a number of thank yous. In particular, I will take the opportunity to thank Baron Douglas-Miller, my hon. Friend the Member for Taunton Deane (Rebecca Pow), my right hon. Friend the Member for Sherwood and all the officials in the Department for Environment, Food and Rural Affairs, as well as Anne-Marie Griffiths in the Public Bill Office, for all the support I have received to get to this point.
I also thank my right hon. Friend the Member for Suffolk Coastal, my hon. Friends the Members for West Dorset, for Darlington, for Dover, for Mid Norfolk, for Wolverhampton North East and for Bury North and the hon. Member for Selby and Ainsty for taking time out of their busy mornings to be here. Finally, I must thank Debbie Matthews of the Stolen and Missing Pets Alliance, Dr Dan Allen from Keele University, Toni Clarke and the rest of the team at Pet Theft Awareness, the Conservative Animal Welfare Foundation, Cats Protection, the Dogs Trust, Battersea Cats and Dogs Home, Refuge and of course Southend’s very own Tilly’s Angels and Ann Cushion for their invaluable support and engagement with the Bill.
I welcome the Government’s support for the legislation. This Government have taken huge strides in extending animal welfare, and the Bill marks another big step in the right direction. We heard many passionate and cross-party speeches in support of the Bill on Second Reading, with many stories from Members about their and their constituents’ pets. Those stories show so clearly how much our pets mean to us and our constituents, and what a cruel and sickening offence pet abduction actually is. The current law treats the abduction of a pet as if it was the theft of property, goods or an inanimate object, which does not reflect the position that pets now have in our society and the fact that they are sentient beings. We also know that we do not have easily accessible records of the unlawful taking of pets, because of the ways those crimes are recorded. Solving that is a key part of my Bill, in order to make it easier to address the issue and ensure that pet abductions are recorded separately.
I will not repeat everything that I said in the Chamber on Second Reading, but I will repeat this: Britain is a nation of animal lovers. Pets are part of our families; they make a house a home. The distress caused to not just the animal but the family when one of our beloved pets is suddenly and unlawfully taken from us is heartbreaking, which is why reform of our laws in the area is so long overdue and much needed. The new offences of pet abduction that the Bill introduces will focus on dogs and cats, but there are enabling powers in the Bill to extend the offences to other species of pet animals in the future, where appropriate, by way of regulations.
I will now run through the clauses and their effects. Clause 1 deals with dog abduction, making it an offence for a person to take or detain a dog, thus removing it or keeping it from the lawful control of any person, or from any person who is entitled to have lawful control of it, such as a dog walker, a dog sitter or a vet. Both the person and the dog need to be in England or Northern Ireland at the time that the dog is taken or detained for the offence to be made out.
There are a number of safeguards and exemptions, which are set out in the Bill. First, the pet theft taskforce heard evidence that a majority of reported pet theft cases involved domestic disputes between partners and the Bill does not seek to criminalise that sort of case. Therefore, subsection (2) sets out that no offence is committed where a dog is taken or detained from a household where the dog had entered that household after the two people had started living together. Subsection (3) sets out that it is a defence for a person to show that they had lawful authority or a reasonable excuse to take or detain the dog. Again, such a person would include a vet or dog sitter.
Subsections (4) and (5) provide specific defences in relation to stray dogs in England and unaccompanied dogs in Northern Ireland, taking into account the statutory requirements that exist in the two jurisdictions. For example, members of the public who find and take possession of a stray dog in England have a duty under the Environmental Protection Act 1990 either to return it directly to its owner or to take it to the local authority of the area in which it was found.
Therefore, any member of the public who retains possession of a stray dog for more than 96 hours—four days and four nights—and neither returns it to the owner nor takes it to the local authority could be, in theory, in scope of the offence of pet abduction. However, there is of course the fall-back defence of “reasonable excuse”, to ensure treatment on a case-by-case basis and to ensure we do not inadvertently criminalise well-meaning behaviour.
I take this opportunity to congratulate my hon. Friend on introducing this Bill, which has such strong cross-party support. I raised on Second Reading what happens and what the obligations are on people when they come across a dog that has become separated from its owner, as happened to Marika Cobbold, who has written widely about this issue. Her puppy was picked up by somebody on Hampstead heath. That man texted her on the mobile number on the dog’s tag, but was then in such a hurry that he left the dog tied with a piece of string to a railing, from which it was then stolen. I believe that that man had an obligation to do something rather better than to leave the dog tied to a railing, and I just wanted to make sure that this Bill will not inadvertently undermine the obligation on people to ensure that, if they find a dog, they take it to somebody and make sure it is in good care.
My hon. Friend makes an important point, which is exactly why I have reiterated the obligations in England on a person who finds a dog in just that scenario. They are still under the duty set out in the 1990 Act either to return the dog to its owner or to take it to the local authority.
Subsection (6) provides that, in relation to the three safeguard defences or exemptions set out in clause 1, as long as sufficient evidence of the defence is established, the burden will move on to the prosecution to disprove the defence beyond reasonable doubt.
Regarding the penalties for these offences, a dog abduction will be a triable offence either way. Conviction on indictment will carry a maximum term of five years’ imprisonment or a fine, or both. Summary conviction in England and Wales carries a penalty of imprisonment for a term not exceeding the general limit in a magistrate’s court, which is currently six months, a fine or both. Summary conviction in Northern Ireland carries a penalty imprisonment for a term not exceeding 12 months, a fine not exceeding the statutory maximum, or both. Lastly, subsection (8) of clause 1 includes definitions for “taking” and “detaining” for the purposes of the clause.
We come on to clause 2, which deals with cats. Cats have been added following a lot of work by the pet theft taskforce and the all-party parliamentary group on cats. It makes it an offence for a person to take a cat in England and Northern Ireland so as
“to remove it from the lawful control of any person”.
While the taking of a cat can be an offence, detaining a cat will not be, thus reflecting the different behaviour, with cats being more free-roaming than dogs. That definition also avoids criminalising well-meaning behaviour where a person looks after a cat that they thought was stray, abandoned or lost. That is the “Granny Meow” difference, which was much discussed on Second Reading.
As with clause 1, subsection (2) creates a mirror exemption, identical to the case of dogs, to exclude from the scope of the offence domestic disputes over the custody of a cat between partners going their separate ways. Again, as with clause 1, subsection (3) sets out a mirror defence of
“lawful authority or a reasonable excuse for taking the cat”
and again, as with clause 1, the cat abduction offence is triable either way and the penalty provisions are identical to that of dog abduction. There is no hierarchy or difference between dogs and cats.
Clause 3 is the enabling clause, which enables other animals commonly kept as pets to be protected at a later date. Clause 3 gives a power to the appropriate national authority in England or Northern Ireland to amend the Bill to extend the offences in clause 1 or 2 to include further species of animal commonly kept as pets. The power may be exercised when there is evidence that there is a significant increase in incidents of unlawful taking or detaining of animals of that species.
I congratulate my hon. Friend on this important Bill and on its cross-party support. She and I have discussed the issue of indoor pedigree cats, particularly ragdolls, which are beloved of me, Taylor Swift, Holly Willoughby and others. Can my hon. Friend assure me that, should it be necessary to extend some of the dog provisions in relation to holding indoor cats, the provision in clause 3 would allow a consideration of further extension of powers to protect indoor cats?
My hon. Friend has been a champion for cats, the ragdoll breed in particular—what an absolutely beautiful breed it is. I can assure her that clause 2, which deals with cats, will deal in its entirety with the taking of a ragdoll cat. I do not immediately see any need to amend clause 2, but should that be necessary, my hon. Friend is right that clause 3 should enable further provisions. I thank her for bringing that point and the whole issue of indoor cats to the Committee’s attention.
Under clause 3, I was just saying that the power can only be exercised where there is evidence of not only one incident of unlawful taking or detaining of another pet, but an increasing picture. The regulations that apply the offences to other species of animal can allow for different exceptions or defences, which again brings us to the point my hon. Friend the Member for Dover was talking about. However, they cannot alter the penalties set out in the Bill.
Subsection (5) requires that the appropriate national authority consult appropriate persons before making such regulations under the clause. The appropriate national authority is defined in subsection (6) as the Secretary of State in relation to England and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland. Any regulations made under this enabling clause are subject to the affirmative procedure in the normal way, meaning that the draft regulations must be laid before and approved by resolution of each House of Parliament or the Northern Ireland Assembly.
We now come to the technical provisions. Subsection (10) allows regulations under this clause to include different provision for different purposes, and consequential and other standard provisions. Subsection (11) includes explicit provision to amend the Magistrates’ Courts (Northern Ireland) Order 1981 in that respect.
Clause 4 makes an amendment to the 1981 order, consequential to the penalty provisions in clauses 1 and 2. That means that a defendant in Northern Ireland who is charged before a court of summary jurisdiction with a summary offence of cat or dog abduction cannot claim trial by jury.
Clause 5 sets out the territorial extent of the Bill, which extends to England and Wales and Northern Ireland. The only exception is clause 4’s consequential amendment to the 1981 order, which extends only to Northern Ireland. However, the provisions of the Bill apply only in England and Northern Ireland.
It is a pleasure to serve under your chairmanship, Sir George. I thank my hon. Friend the Member for Southend West for bringing forward this important Bill for pet lovers in this country. I also thank the hon. Members in this room for their support this morning.
The Bill will create offences of cat abduction and dog abduction in England and Northern Ireland, recognising that cats and dogs are sentient beings and not merely property. The intention is that it will allow the courts to place greater focus on the impact on the welfare of the animal as well as the interests of its owner when deciding on penalties.
The Bill is intended to deal with the unscrupulous people who abduct a cat or a dog. I am hugely aware that such people are an exception. The Bill does not intend to criminalise genuinely kind behaviour to cats and dogs that people do not own—for instance, where they believe the animal is a stray. The vast majority of citizens love animals and want to do the right thing if they see an unaccompanied cat or dog.
The pet theft taskforce found that in the majority of cases dogs were stolen from homes, mostly from gardens and outbuildings. The Bill makes it an offence for a dog or a cat to be taken from a person with lawful control of the animal. In the case of dogs, the Bill also makes it an offence to detain a dog to keep it from someone entitled to the lawful control of the dog.
These offences, as my hon. Friend the Member for Southend West has outlined, are subject to certain exceptions and defences. The Bill rightly makes no difference in the penalties for dog or cat abduction, but by limiting the offence to “taking” of cats, it does take into account the different lifestyles of those animals. I am particularly pleased that the Bill includes a cat abduction offence, which stakeholders have been calling for. It is right that there is no detaining offence for cats. They are known to occasionally make themselves at home on other people’s sofas, and some cats display deft cat-flap skills, meaning that people might not even be aware that a cat is in their home.
The maximum sentence attached to cat or dog abduction is up to five years in prison or a fine, or both. That aligns to the maximum term for animal welfare offences under the Animal Welfare Act 2006 and the Welfare of Animals Act (Northern Ireland) 2011. As the new offences are centred on the impact on the animal, we feel it is right that the maximum penalty aligns with other serious animal welfare offences. Although causing unnecessary suffering remains an offence in its own right under the Animal Welfare Act 2006, the intention is that the new offences will allow the court to take account of the impact on the animals when deciding on penalties. It could, for instance, consider any impact on the animal in circumstances where an animal is taken forcefully.
The Bill includes a power enabling the Secretary of State or the Department of Agriculture, Environment and Rural Affairs in Northern Ireland to extend the Bill’s offences to further species of animals at a future date, but the power is limited. The Secretary of State or DAERA must consider that animals of that species are commonly kept as pets, and there must be evidence of a significant number or rise in cases of unlawful taking or detaining.
The power is an important asset to the Bill. The pet theft taskforce’s recommendation for the development of the pet abduction offence was preceded by a change in demand during covid-19. The circumstances that might trigger the consideration of inclusion of other species of animals commonly kept as pets could be similarly unpredictable. We therefore agree that it is appropriate for the Secretary of State or DAERA to have the power to respond dynamically.
As we have heard, the Bill extends to England and Wales and Northern Ireland, although the provisions apply in England and Northern Ireland only. We welcome Northern Ireland’s joining in with the Bill. As the matter is devolved, it will be up to the relevant devolved Governments to consider whether they would like to bring in a similar framework.
The Bill builds on the excellent work of the pet theft taskforce and acts on a key recommendation of developing a pet abduction offence. It also meets the Government’s commitment in the action plan for animal welfare to tackle the serious crime. I commend my hon. Friend the Member for Southend West for promoting it.
I will go back to where I began and thank all right hon. and hon. Members for attending the Committee and for their support. We have great champions of animal welfare in Parliament. I am grateful for the attendance of the hon. Member for Canterbury this morning and for her support on social media and through the all-party parliamentary dog advisory welfare group.
Our nation is leading the way on animal welfare. Passing the Bill will cement our position and set an example, which I hope that many other countries will follow.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 5 ordered to stand part of the Bill.
Clause 6
Commencement
I beg to move amendment 2, in clause 6, page 5, line 6, leave out from “England” to end of line 7 and insert
“at the end of the period of three months beginning with the day on which this Act is passed.”
I can be swift. The Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Taunton Deane (Rebecca Pow) gave a commitment at the Dispatch Box on Second Reading, putting it on the record that the Government will commence the Bill within three months in England. I can therefore support the amendment.
Again, I thank my hon. Friend the Member for Southend West for promoting the Bill, which the Government fully support. I would also like to put on record my thanks to my right hon. Friend the Member for Suffolk Coastal, not only for her amendment but all the work she has done in various roles to support and improve animal welfare in this country. She is a true champion of animal welfare. With that, I look forward to seeing the Bill progress through its stages; I am delighted to support it.
I thank my right hon. Friend the Member for Suffolk Coastal for tabling this amendment. I particularly thank her for her expertise, which has been of great value to me in bringing the Bill forward, and for her contribution on Second Reading, which was much appreciated. I also thank my hon. Friend the Member for Taunton Deane (Rebecca Pow) for making a firm commitment at the Dispatch Box on Second Reading that the offences will be commenced in England within three months of Royal Assent, which has been repeated and endorsed by my right hon. Friend the Member for Sherwood this morning. I welcome this amendment, it has my full support, and I am grateful to the Minister for his full support as well.
Clause 6 sets out how and when each provision in the Bill comes into force in Northern Ireland. It provides for clause 1 on dog abduction, clause 2 on cat abduction and clause 4 on consequential provision of sections 1 and 2 to come into force by order made by DAERA. Clause 6(3) sets out that clause 3, which contains the Bill’s enabling power to extend the offences to other species, and clauses 5, 6 and 7 will come into force on the day on which the Act is passed.
Clause 6 also provides a power for the Secretary of State and DAERA to make transitional or saving provisions in connection with commencement and to include different provision for different purposes. Clause 7 sets out the short title of the Bill. It will be known as the Pet Abduction Act 2024. Finally, I thank all Members for their contributions—
May I just give my hon. Friend the opportunity to make clear to those listening and reading what the police will understand as a result of this Act about changes to their powers? What will forces around the country be able to do in three months that they have not been able to do until now?
I thank my hon. Friend for his intervention. He is absolutely right; the proof of the pudding will be in the enforcement of the Bill. The police need to now know that there will be two separate offences of cat and dog abduction, that these will have a unique identifying crime number and that these offences must be enforced. We expect the police to use their powers to investigate and bring these cases forward and get proper sentences when someone’s dog or cat is abducted. By having a separate recording system, we expect every police force to be recording these offences so that we can look across the piece and see which police forces are taking action and which are not. It is therefore vital that the police are clear about the new powers and use them.
Finally, I thank you, Sir George, for chairing this Committee. I thank the Minister, and I thank the hon. Member for West Dorset for his steady and reassuring presence. I thank hon. Members who have spoken, and I give perhaps even bigger thanks to hon. Members who have not spoken.
(7 months, 1 week ago)
Commons ChamberI 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.
It is unbelievable, isn’t it? Incredibly, two of the cats later reappeared in Leigh-on-Sea.
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?
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.
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.
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”—
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.
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?
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.
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?
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.
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.
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.
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.
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.
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.
I thank my hon. Friend for an excellent point. The logic of that is irrefutable, and I agree with it wholeheartedly.
The lawyer in me is coming out here. Does “lawful control” mean ownership?
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.
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?
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—
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.
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).
(8 months, 1 week ago)
Commons ChamberI cannot speak in this debate without starting by talking about my amazing predecessor, who campaigned tirelessly on animal welfare during his 38 years in this House, as I know you too have campaigned, Mr Deputy Speaker. Sir David was the champion of all creatures great and small, many of which he protected in the confines of his own parliamentary room. At its height, it was home to five bird cages, seven fish tanks and even a tank that housed two turtles on their own, in addition to regularly housing Vivienne, his daughter’s French bulldog. I cannot speak about animal welfare in this House without referring to Sir David. He raised the issue six times during this Parliament before he was murdered; his last contribution in the House, just weeks before his murder, was to ask for a debate on animal welfare. I promised the residents of Southend and Leigh-on-Sea that I would do everything in my power to build on his legacy, so I am delighted to have the opportunity to speak today.
We are undoubtedly a nation of animal lovers. That is why in 2019 we promised the British people that we would ban the live export of cattle, and tonight we are making good on that promise. It is shocking that live animals have long been exported to the EU from the UK for breeding, fattening and slaughter. In most recent years in which live exports have occurred, we were exporting between 25,000 and 50,000 sheep and calves for fattening and slaughter. It is good that the last instance of the export of live animals was in December 2020, but that does not negate the necessity of our passing the Bill. This Bill is a point of principle, and it underpins our commitment to high animal welfare standards.
Some 87% of those who took part in the Government’s consultation on live exports in 2020 thought that livestock and horses should not be exported for slaughter and fattening. That view is echoed by my constituents in Southend and Leigh-on-Sea, nearly 100 of whom have written to urge me to vote to ban live exports. Doing what our constituents and the general public specifically sent us to this place to do is never a bad place to start with any Bill.
It is not surprising that the public take such a view. We all as children saw images on our TV screens of animals in crowded crates and lorries, and it would take the most callous person not to recognise the stress, injury and exhaustion that those animals were subjected to. We have heard about unweaned calves from Great Britain travelling to Spain on journeys lasting an average of 60 hours. That is two days, two nights and another whole day in a crowded, hot crate with not enough food and in absolutely disgusting conditions. In 2018, the shortest journey direct to slaughter from Great Britain to continental Europe was 18 hours. That is an affront to every decent human being. It is high time that we passed this ban, and I am proud that we are doing so.
My hon. Friend the Member for Penrith and The Border (Dr Hudson) made the point that if we ensure that animals are transported domestically for slaughter, we can ensure that the conditions in which they are slaughtered are humane. If they are exported off to the continent, we have no idea what pain and suffering they go through when they are slaughtered, and we have heard evidence of very much lower welfare conditions.
I wholeheartedly support making it an offence to send, transport or arrange transport for the export of live livestock such as cattle, sheep, goats and wild boar for fattening and slaughter. I also welcome the necessary exemptions for breeding and competition. Horseracing makes a unique contribution to the UK’s sporting culture, and in particular to the rural economy. I am pleased that the Bill will enable racehorses to continue to travel for racing and breeding, provided that they are transported in line with legal requirements aimed at protecting their welfare. We must remain ever vigilant in making sure that happens.
It is also important, as others have said—this is absolutely something that Sir David would have said—that we remember that we can bring in these measures only because we are no longer members of the European Union. For 50 years, despite multiple campaigns by animal welfare charities, we were unable to ban live exports because we were an EU member state bound by the EU rules, which the European Court of Justice had ruled were lawful. The trade in the live export of animals was held to be lawful as long as welfare in transport was complied with.
This Bill is a real Brexit benefit. It may have been a long time coming, but that does not negate the fact that it is a real benefit. Brexit gives us the freedom to go beyond our European counterparts and underpin our credentials as a world leader in animal welfare. I am proud to be part of a Government who are passing such a Bill. I am proud that this Conservative Government have introduced world-leading protections in any number of areas, and I use this opportunity to encourage Members from all parts of the House to support my Pet Abduction Bill on its Second Reading on 19 January. I also call on DEFRA—I am sure the Minister knows what I am going to say—to look again at Emilie’s law and criminalising dog-on-dog attacks in England, which are such a scourge for so many responsible pet owners who lose their beloved four-legged companion unnecessarily due to the irresponsibility of another pet owner.
I am delighted to support this Bill today. Banning live exports is the right thing to do. The export of live animals has been a stain on our society for far too long. I am glad that it is being stopped, but I am even more glad that, if we pass this Bill tonight, it will never come back again.
(9 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
It is a pleasure to serve under your chairmanship, Dame Caroline. I congratulate my hon. Friend the Member for Don Valley (Nick Fletcher) for so ably leading today’s Petitions Committee debate. In my constituency of Southend West, 192 of my constituents signed the first e-petition, 642876, and a further 693 signed the e-petition ending in 611.
[Mr James Gray in the Chair]
It is that first petition that I particularly want to speak about today. Specifically, I want to speak about the need for early intervention to prevent dog bites and other dog-related issues. The Minister will not be surprised to hear that I am going to focus on dog-on-dog attacks.
Recent estimates show that there are some 13 million dogs in the UK; we are literally a nation of dog lovers, with nearly half of all households owning a dog. We all know that dogs are not just pets; they are much loved members of the family and true companions. That was very much the case with a much loved bichon frisé called Millie, who was the constant companion of one of my constituents, Michael. The Minister knows that Millie was viciously attacked in Chalkwell Park in Southend-on-Sea. It is really as a result of that vicious dog-on-dog attack that I wished to speak today.
Most dog owners are responsible, but there must be consequences for the small minority who are not. It is clear to me that normally it is not the dogs that are the problem—although there may well be a legitimate need to single out the XL bully dog. Most dogs in themselves are not a problem, but dogs have owners, and every dog owner has a responsibility to ensure that their dog does not fatally attack another dog; they certainly have a responsibility to ensure that their dog does not attack a human being, let alone fatally attack someone. A growing cohort of evidence suggests that if we tackle dog-on-dog aggression and attacks, we might well prevent dogs from going on to attack other animals, adults or even children.
In recent years, laws both civil and criminal have been strengthened to protect the public when a dog poses a risk to public safety, whether in a public or a private place. It remains the case, however, under section 3(1) of the Dangerous Dogs Act, that a dog owner is not liable to any form of criminal prosecution when their dog fatally attacks or seriously injures another dog, unless that dog is a guide, assistance or service dog, unless their dog bites a human in the course of the attack, or unless—to quote guidance—there is “reasonable apprehension” that the dog will injure a person. That is not always the case, and certainly not when a larger dog, such as a boxer-type or XL bully dog, makes a beeline for a much smaller dog. That is exactly what happened in the case of my constituent.
In the previous Session, I had the privilege of promoting a ten-minute rule Bill that would have required a person in charge of a dog to take all reasonable steps to ensure that their dog did not fatally injure another dog—in other words, early intervention. It was called Emilie’s law. Sadly, the Bill fell when the House was prorogued, but that loophole still needs to be plugged. I have been inundated by emails from people all over the country expressing concerns about dangerous dogs attacking their dogs. I urge the Government to initiate an immediate review of existing legislation on dog attacks, with a view to amending the law to afford pet dogs the same protections that exist already under the law for service, guide and therapy dogs.
In preparation for my ten-minute rule Bill, I submitted freedom of information requests to all 43 police forces in the UK to ask if they record dog-on-dog attacks as a separate offence, and if they do, how many they had recorded over the past five years. I was shocked that only 14 police forces record dog-on-dog attacks as a separate incident and that, in those 14 areas, the number of dog-on-dog attacks has increased exponentially. In 2016, the 14 police forces reported and recorded 1,700 dog-on-dog attacks; in 2021, five years later, those same forces recorded 11,559 attacks. That is a 700% increase, with a shocking 2,264 attacks in London alone. I intend to resubmit those freedom of information requests, because I suspect that with all the media coverage of such incidents, the number will have increased still further.
I urge the Government to take notice of some of these terrible stories, in particular those of Millie and Michael in my constituency, because of the long-standing mental-health issues that such attacks cause. Even though it is now nearly two years ago since Millie was savagely attacked by an off-the-lead, out-of-control dog while on a walk on the lead in a rose garden in Chalkwell Park, Michael is still deeply affected by the attack. He still comes to see me and is very upset that Emilie’s law has fallen.
That is not atypical. Such attacks, when people irresponsibly allow their dogs to become dangerous and to attack other people’s dogs, have a lasting impact. It is the responsibility of owners to take necessary steps to ensure that we do not have such horrendous, unnecessary attacks. Millie was pretty much torn apart in front of Michael’s eyes. He had to carry her, bleeding and with serious open wounds to her abdomen, to the nearest vet to be euthanised. He had no recourse whatever, because he did not feel that he himself was at risk. It was obvious the dog was going for Millie; he did not feel under any reasonable apprehension of injury. The test is worded as an objective test, but it is interpreted by police forces as a subjective test, and that is the essence of the problem.
Part of my Bill would have required all police forces to record incidents where a dog has attacked another dog. Recording such incidents remains hugely important, because until we have the full picture and can assess the true impact of dog-on-dog attacks, we cannot take the next step of predicting whether attacking another dog is the first step towards attacking a human, including children, or another pet.
Protect Our Pets, which is a large Facebook campaign group, advises me that dog-on-dog attacks are nearly always the precursor to an attack on a human or another pet, so reporting in this area will allow for early intervention. Hopefully, it will also allow us to prevent some of these awful attacks, some of which are fatal. I urge the Government once again to look closely at the provisions of Emilie’s law and to work with me to make sure that we have all the necessary measures in place to prevent dog-on-dog attacks, so that people like Michael do not have to suffer the unnecessary loss of their beloved pets.
(11 months, 2 weeks ago)
Commons ChamberBecause the hon. Lady’s assertion is simply not true.
Rather than just scaremongering, which is what we are hearing again from the Opposition, could we have a focus please on the quality of our waters? In Leigh-on-Sea and Southend West, the quality of our water has gone up from 76% in 2010 to 93% and the vast majority of our beaches are rated good or excellent. Will my right hon. Friend applaud the work of local group the Bluetits Chill Swimmers, run by Daniella Bee, and Philip Miller of Adventure Island, who are assisting me in having regular sewage summits with Anglian Water? We have extracted a promise from Anglian Water to eliminate 75% of use of our combined storm overflows five years ahead of the Government’s target. Is this local action not the sort of thing we should be doing—not just scaremongering?
(1 year, 1 month ago)
Commons ChamberMy hon. Friend is absolutely right about these measures. By voting for them today—of course, they also need to go through the Lords—we will give our regulators all the tools that they need and that they have asked for to tackle this situation. He is right that it is a bit of a surprise that the Liberal Democrats are absent, but there we go. We will be able to remind people that, when Parliament was voting for this legislation, the Liberal Democrats were nowhere to be seen.
Secondly, there is currently no provision under the Environmental Permitting (England and Wales) Regulations 2016 for variable monetary penalties. The majority of Environment Agency investigations are conducted under those regulations, and at the moment the Environment Agency is limited in its enforcement options to giving warnings, advice, guidance or enforcement undertakings, or indeed having to go the whole hog and undertake formal criminal prosecutions.
The secondary legislation that we are debating will introduce variable monetary penalties to the 2016 regulations, ensuring a comprehensive, clear, effective and proportionate deterrent within the environmental civil sanctions regime. Penalties will be based on the degree of environmental harm and culpability, as well as the size of the operator. They are calibrated to act as a proportionate deterrent and punishment, and both instruments will require the environmental regulators to update and publish guidance that sets out their methodology for determining the penalty levels.
Last year, Anglian Water used its storm overflows in Southend West at least 13 times, which resulted in diluted sewage water being pumped into our waters for at least 24 hours, which is simply unacceptable. Will my right hon. Friend confirm that today’s measures, which I welcome, will mean that Anglian Water will face severe penalties if it breaks the rules again, and will she assure everyone in Southend and Leigh-on-Sea that we will finally have a real deterrent against it using those unacceptable practices?
My hon. Friend is right. By giving our regulators the tools that they have asked us for, we are taking action. Of course, the only reason we know about the storm overflows is the level of monitoring, which was pretty much completely absent before the Conservative party took power in 2010. It is critical that we use our tools effectively to ensure that people who have these permits are doing the right thing. The uncapped penalties will certainly be a deterrent.