Animals (Penalty Notices) Bill

Baroness Bakewell of Hardington Mandeville Excerpts

2nd reading
Friday 18th March 2022 Lords Chamber

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I congratulate the noble Lord, Lord Randall of Uxbridge, on his very detailed introduction to the Bill, which I understand has government support. I shall not repeat the rationale that the noble Lord so eloquently stated.

It is important that everything is done to protect animals, both farming and domestic. Most animals are well cared for but occasionally there are lapses either of care or of recording on farms. A system of penalty notices is an excellent bridging gap between providing advice and guidance or the prospect of a criminal prosecution.

In many debates over the last two years, the UK’s reputation as a world leader in animal welfare has been mentioned on many occasions. This is a reputation we should be justly proud of and protect into the future. The way in which both livestock and domestic pets are treated says what kind of a society we are and how we wish to be treated.

Occasionally there will be lapses due to the inaccurate completing of forms. In 2019, there were 45,000 farmers keeping cattle and 61,000 sheep farmers. Every movement must be recorded to protect public health. This is vital. I lived in rural Somerset for over 40 years but recently moved to Hampshire. Last week we received through the post a notice telling us that we were in an area where avian bird flu had been detected and advising us to keep any poultry we had inside—we do not currently have any. This was a first experience of such a notice for us. Only by keeping accurate records will such information be available to the general public. It is, therefore, quite right that action should be taken against those who either accidently or deliberately record details inaccurately.

A penalty notice is an excellent stepping stone to make farmers aware of their lapses and bring the constant offenders into line. The threat of a criminal prosecution should be a sufficient deterrent, but used for minor offences it is a sledgehammer to crack a nut. Far better to head this off for minor offences but to keep it for serious breaches of animal welfare where animals are suffering as a result of neglect or cruelty.

It is important that there are measures to ensure that those selling kittens and puppies must include their licence numbers on any online adverts and that microchipping of animals takes place before rehoming. Sadly, there are still those who seek to import puppies raised in puppy farms and not given the attention and care that we would expect when buying a puppy. A penalty proportionate to the harm caused is important to act both as a deterrent and as a measure to help safeguard vulnerable young animals.

On the detail of the Bill, which I suspect will not be debated in Committee, Clause 3 lists the various offences covered in the Bill. However, I note that it does not cover the Dangerous Dogs Act, which will continue to be within the remit of the police. However, some concern has been expressed by the public and the animal charities that the breeds of dogs covered by the Dangerous Dogs Act need reviewing and that some dogs are covered which are not believed to be dangerous. Are the Government considering reviewing the Dangerous Dogs Act?

Clause (1)5 refers to

“persons who may be specified by regulations”

and paragraph (c) indicates that

“any other person that the Secretary of State considers appropriate”

may enforce these regulations. This is very wide. Can the Minister or the noble Lord, Lord Randall of Uxbridge, give an indication of just what kind of appropriate person this might be?

According to Clause 3(3)(a) the fixed penalty notice may not exceed £5,000, and paragraph (b) states that

“the maximum fine for which a person convicted of the offence is liable on summary conviction.”

Can the Minister say why this is not £5,000 and/or paragraph (b) instead of both? Can he also say whether the fixed penalty fine is a flat £5,000 or whether there is a sliding scale of fines up to a total of £5,000?

Clause 8 gives a list of the enforcement authorities and the explanation of what a “local authority” means—the noble Lord, Lord Randall, referred to this. Local authorities are currently under severe financial constraint. I am somewhat concerned that the fines imposed are to be paid into a consolidated fund, less expenses. What is the consolidated fund to be used for? This could appear a somewhat obscure tax and is likely, therefore, to be resisted. Is the consolidated fund to be used to reimburse local authorities for the work and expense that they will incur in carrying out the function of issuing fixed penalty notices? The noble Lord, Lord Randall, has given some information on this.

This is an excellent piece of legislation that should make it easier for culprits to be brought to proportionate justice and to understand the implications of their actions in terms of animal cruelty. I congratulate the noble Lord, Lord Randall of Uxbridge, and fully support the Bill.