All 2 Baroness Hayman of Ullock contributions to the Animal Welfare (Sentencing) Bill 2017-19

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Wed 10th Jul 2019
Animal Welfare (Sentencing) Bill
Commons Chamber

2nd reading: House of Commons & Programme motion: House of Commons
Tue 23rd Jul 2019
Animal Welfare (Sentencing) Bill (Second sitting)
Public Bill Committees

Committee Debate: 2nd sitting: House of Commons

Animal Welfare (Sentencing) Bill Debate

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Department: HM Treasury

Animal Welfare (Sentencing) Bill

Baroness Hayman of Ullock Excerpts
2nd reading: House of Commons & Programme motion: House of Commons
Wednesday 10th July 2019

(5 years, 4 months ago)

Commons Chamber
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Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
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Today has been a long time coming. We welcome the Government bringing forward this vital piece of legislation, although we regret that it has taken this long, considering that it has widespread support across the House and with the general public. I hope the Bill manages to make it through both Houses and on to the statute book in a timely fashion. It is imperative that it should receive Royal Assent and come into force as soon as possible so that our courts can start handing out appropriate sentences to those people convicted of inflicting terrible harm on innocent animals.

Neil Parish Portrait Neil Parish
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I want to thank the hon. Lady for the cross-party support that she has given to get this legislation on the statute book. I agree that that must be done quickly. The Bill has had cross-party support not only in the Select Committee but across Parliament, so let us try to get Royal Assent as soon as possible. Too many lenient sentences are being handed down for horrific welfare crimes at the moment.

Baroness Hayman of Ullock Portrait Sue Hayman
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I thank the hon. Gentleman for his well-made point, which I think we can all support.

It is absolutely right that we should seek to increase the maximum penalty for animal welfare offences from six months to five years. Britain can be proud of having some of the best animal welfare practices and legislation in the world, and the Bill does what it needs to do to enhance that reputation. The landmark Animal Welfare Act 2006 is something that, as a Labour Member, I am very proud of, because our Government brought it forward. Now, delivering maximum sentencing through the Animal Welfare (Sentencing) Bill will ensure that our high standard is maintained and builds on those original foundations.

I am aware that many Members right across the House have campaigned for this issue and for this Bill to come forward, but I would like to make a couple of particular mentions. First my hon. Friend the Member for Redcar (Anna Turley) has made a huge contribution in this House, working with Battersea Dogs & Cats Home, to put forward her private Member’s Bill. That campaign was supported when it first came to the House by many hon. Members from both sides, and I am pleased that we are making such good progress now. I would also like to thank my hon. Friend the Member for Bristol East (Kerry McCarthy) for her hard work on this issue. I also thank the Environment, Food and Rural Affairs Committee and its Chair, the hon. Member for Tiverton and Honiton (Neil Parish).

The last time I spoke on this matter on the Floor of the House was in spring 2017, following the publication of the Select Committee’s excellent report covering third-party puppy sales and maximum sentencing. We then had the short-lived draft Bill that would have covered sentencing and the recognition of animal sentience. From that, however, Ministers went back to the drawing board, which is why, to some extent, it has taken so long to get to this stage. After two years’ delay, it is really good that the Government have finally brought forward this Bill, because it is important that sentences for animal cruelty should act as a deterrent. I welcome this.

We are supporting the Bill today, but we will seek to improve it in Committee. We have concerns, which are shared by a number of stakeholders, about the scope of the Bill. This has already been mentioned in an intervention. The proposals apply only to the Animal Welfare Act 2006 and therefore do not apply to wild animals in the way that they apply to domestic animals. Our concern is that this creates a two-tier system, even if by oversight as opposed to intentionally. The same sentences should be available to judges for similar or identical crimes, regardless of whether the animal is domesticated or wild.

Bill Wiggin Portrait Bill Wiggin
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I took the Animal Welfare Bill through, and I disagree with the hon. Lady’s understanding. It is possible to commit acts of cruelty only when we as human beings have power over an animal. We must deliver the animal’s five freedoms, and it does not matter whether the animal is domesticated or wild. It is our power over the creature that determines an act of cruelty. I do not think that her accusation of a two-tier system is a fair one.

Baroness Hayman of Ullock Portrait Sue Hayman
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That is an interesting consideration, and one that will be explored within the legal system. I am sure that we can look into it further in Committee. To give an example, the RSPCA reports that a man was jailed for just 22 weeks after he was convicted of setting his dogs on a pet cat and a fox. It is important that harming the fox can carry the same sentence as harming the family pet in those circumstances, and the law must reflect that.

Bill Wiggin Portrait Bill Wiggin
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I thought I was clear. In the case the hon. Lady just referred to, it was the dog that did the harm to the fox or the neighbour’s cat, not the human being. That is where the distinction arises. Had he been torturing any of the animals, he would immediately have fallen foul of this Bill.

Baroness Hayman of Ullock Portrait Sue Hayman
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But if any person directs an animal to do such appalling harm, should not that person bear some responsibility?

The Sentencing Council recommends that if a defendant pleads guilty at the first reasonable opportunity, the sentence may be cut by a third, so someone who commits the most serious crime against animals and pleads guilty could end up serving only four months in prison. I think we would all agree that that is an incredibly inadequate sentence for some of the crimes we have heard about.

The Minister mentioned that many people have campaigned for the increase, and I would like to mention groups such as the League Against Cruel Sports, the Dogs Trust, Blue Cross, the RSPCA and Battersea Dogs & Cats Home, all of which have campaigned strongly for the measure, having previously expressed concern about the leniency of sentencing.

Jim Cunningham Portrait Mr Jim Cunningham
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We should pay tribute to those organisations for all they have done over many years. Battersea Dogs & Cats Home has done an excellent job—in fact, my hon. Friend probably met its representatives when they came here last week.

Baroness Hayman of Ullock Portrait Sue Hayman
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I agree absolutely. There has been huge support for increasing the sentences for animal cruelty, and Battersea Dogs & Cats Home has been particularly keen to get the law changed.

I support the Minister absolutely in his view that we need to crack down on dog fighting and hand down the sentences that are appropriate for that crime. The Dogs Trust says that the woefully inadequate sentences currently available are cause for serious concern—as the Minister said, we have some of the shortest sentences worldwide. I am pleased to hear that Wales is also to take forward these measures.

There is no parity in the law—for example, if someone harms a service dog, the penalties are much higher than if they harm a pet or a farm animal. We believe that wild animals too should be covered. There is also no consistency in sentencing: a person can be sent to prison for three years if their dog injures a guide dog, but if they beat a dog to death the maximum sentence is six months. In Northern Ireland, five-year maximum sentences are already in place. It is important that we achieve consistency across the UK. Hopefully, the recent consultation in Scotland will enable us to harmonise the law right across the UK.

The Minister mentioned the connection between animal cruelty and criminal behaviour. We know that people convicted of animal cruelty are five times more likely to have a violent crime record, and that animal abuse is 11 times more likely in domestic violence situations. That is another reason why we need to act now. The legislation will protect not only our beloved animals but people, too. In addition, the Government need to place a statutory duty on local authorities to enforce the Animal Welfare Act, so that it has proper teeth, and to give local authorities adequate resources with which to enforce the regulations under the Act.

If the Government are serious about animal welfare, they must introduce the measures in the other half of the original Bill to enshrine animal sentience in law after we leave the EU. Even better, they could get behind the private Member’s Bill promoted by my hon. Friend the Member for Bristol East.

Animals have the same welfare needs and any attack on them has the same impact on their welfare, regardless of whether they are a domestic pet, a police dog or a wild animal. They all feel pain; they all suffer. The people who harm them all need to feel the full force of the law.

Giles Watling Portrait Giles Watling (Clacton) (Con)
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Do the hon. Lady’s comments about the welfare of animals also apply to animals that are bred for slaughter?

Baroness Hayman of Ullock Portrait Sue Hayman
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All animals need to be looked after to the best of human ability and should not be abused. We need the highest standards possible in slaughterhouses and abattoirs.

The Opposition welcome the Bill and will support it today.

Animal Welfare (Sentencing) Bill (Second sitting) Debate

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Animal Welfare (Sentencing) Bill (Second sitting)

Baroness Hayman of Ullock Excerpts
Committee Debate: 2nd sitting: House of Commons
Tuesday 23rd July 2019

(5 years, 4 months ago)

Public Bill Committees
Read Full debate Animal Welfare (Sentencing) Bill 2017-19 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 23 July 2019 - (23 Jul 2019)
Baroness Hayman of Ullock Portrait Sue Hayman (Workington) (Lab)
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It is a pleasure to serve under your chairmanship, Mr Bailey.

The main thing that I want to make clear is the Opposition’s support for the Bill, for which we have waited a long time. We also support the intention behind the amendment of my hon. Friend the Member for Redcar, who has done so much to bring the Bill forward. We believe strongly that increasing the maximum penalty for the worst offences is important in order to send a clear message that society simply will not tolerate the gratuitous cruelty to defenceless animals that she described so vividly on Second Reading—to be honest, it nearly brought us to tears in the Chamber.

We know that perpetrators of such abuse are five times more likely to have a violent crime record and are more likely to engage in domestic violence against women and children. We need penalties to create a very effective deterrent, right at the beginning, when people do these appalling crimes. We do not necessarily expect many more people to be locked up for longer, but the sentence has a deterrent purpose. If people think they will get a maximum of only six months—or only 22 weeks, as has happened in the past—they are less likely to take their crime seriously as a criminal offence.

We need to ensure that the Bill gets a speedy Royal Assent. The Animal Welfare Act was brought in to level the playing field for animal cruelty penalties. That includes domestic pets, farmed animals and other wild animals, so that they all have the same sentence. Unfortunately, it has been only a six-month maximum, which has not acted as a deterrent as it was designed to do. Northern Ireland led the way in 2016 with a maximum five-year sentence for the worst cases. That also applies to causing unnecessary suffering to any animal. The equivalent under the England Wales and Animal Welfare Act is limited to protected animals, commonly defined as domesticated, under the control of man, or not living in a wild state.

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This country has some of the highest animal welfare standards in the world, but among the lowest maximum penalties. Clause 1 will ensure that in those rare but shocking cases that we have heard about too often today offenders will be properly punished. The new maximum sentence will also send a clear signal to any future potential offenders that animal cruelty will not be tolerated.
Baroness Hayman of Ullock Portrait Sue Hayman
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As I said before, we are pleased to support the Bill and the increase in sentences. It is good finally to see it here and I hope we can get it on the statute book shortly. As I said on Second Reading, we have no intention of voting against it, but would rather seek to improve it where we can through amendments such as that tabled by my hon. Friend the Member for Redcar.

As I mentioned, we are concerned about the scope of the Bill and its narrowness, because it applies only to the Animal Welfare Act 2006, and therefore does not apply to wild animals. I will come on to that in more detail when we reach new clause 2.

I will not say much, because it is important that the Bill moves forward as swiftly as possible. We welcome the fact that it will increase maximum sentences to five years and the fact that that brings England and Wales more into line with the rest of the UK. The Minister mentioned that Northern Ireland has moved on to five years. Scotland, as we know, has been consulting on doing the same. It is important we are not left behind in England and Wales.

As we have heard, public consultation was an important part in getting the general public and animal welfare organisations to support the work that the Government are doing. I know that Battersea Dogs and Cats Home, the Dogs Trust, the RSPCA and many others have worked with us and the Government to support the Bill and enable it to come forward. I know that a lot of people have worked very hard to get us to the place we are at now. I thank all those who have worked on this Bill.

The Environment, Food and Rural Affairs Committee’s 2016 report on animal welfare referred to the increasing disparity in sentencing powers on a range of offences relating to animals. That report also included the recommendation to increase the maximum sentence for cruelty offences against animals to five years.

Oliver Heald Portrait Sir Oliver Heald
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Does the hon. Lady agree with me and the evidence we heard this morning that one great advantage of increasing the sentence is that in the horrible cases where there is torture, where a service animal is attacked, or where a number of animals are killed or badly treated, it is possible to mark that if the maximum sentence is five years, so those aggravated features can be reflected in the sentence?

Baroness Hayman of Ullock Portrait Sue Hayman
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The right hon. and learned Gentleman makes an extremely important point. One thing that has been quite difficult when looking at the evidence is some of the extraordinary cruelty against animals of which people are capable. The work he did with other colleagues on Finn’s law was really important, because service animals put themselves in front of their police officers or whoever they are working with to protect them. It is important that that has now been recognised.

It is important that we are finally giving judges the tools they need to start handing out the kind of sentences that are required if we are to have not only a punishment that will act as a deterrent, but a punishment that is right for the crime. We do not have that at the moment. In conclusion, the Opposition will support the Bill, and I thank everyone for their work on it.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

Extent, commencement and short title

Question proposed, That the clause stand part of the Bill.

David Rutley Portrait David Rutley
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Clause 2 provides the extent, commencement and short title of the Bill. Clause 2(1) provides for the Bill’s extension to England and Wales only. Animal welfare is a fully devolved matter, but in this case the Welsh Government have confirmed that the maximum penalty will apply in Wales. The Bill is drafted on that basis. The Welsh Government are preparing a legislative consent motion so that the Bill can be extended and applied in Wales, which is excellent news.

Clause 2(2) provides the date and commencement of the Bill. The Act will come into force two months after Royal Assent. The clause also ensures that the application of revised maximum penalties is not retrospective and is not applied to offences committed before the Bill comes into force. It specifies the short title of the Bill, that being the Animal Welfare (Sentencing) Act 2019.

Question put and agreed to.

Clause 2 accordingly ordered to stand part of the Bill.

New Clause 2

Report on effects

‘(1) The Secretary of State must publish a report on the effects of the provisions of this Act.

(2) The report must include assessments of—

(a) trends in sentencing practice;

(b) the effects of this Act on animal welfare;

(c) the extent to which this Act has had a deterrent effect on animal welfare offences;

(d) the coherence and adequacy of animal welfare legislation in aggregate in the light of the operation of this Act.

(3) The assessment under subsection (2)(d) must include consideration of—

(a) the welfare of animals that are not “protected animals” under section 2 of the Animal Welfare Act 2006;

(b) sentencing for offences under—

(i) all sections of the Animal Welfare Act 2006;

(ii) the Wildlife and Countryside Act 1981;

(iii) the Deer Act 1991;

(iv) the Protection of Badgers Act 1992;

(v) the Wild Mammals (Protection) Act 1996; and

(vi) the Conservation of Habitats and Species Regulations 2017 (S.I.2017/1012).

(4) The report must be laid before Parliament within two years of this Act coming into force.’—(Sue Hayman.)

This new clause would require the Secretary of State to lay before Parliament, within two years of the Act coming into force, a report on the effectiveness of the Act, including specific assessments of its effect on animal welfare, the overall coherence of animal welfare legislation, and other matters.

Brought up, and read the First time.

Baroness Hayman of Ullock Portrait Sue Hayman
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I beg to move, That the clause be read a Second time.

New clause 2 would provide for an assessment of the effectiveness of the Act, and for a report to be laid before Parliament. I hope the Minister agrees that it is good practice for our legislation to be reviewed, and for Parliament to have the opportunity to consider the extent to which it is achieving its objectives, and indeed to consider whether any adjustments might be needed. Within that, we believe that there is a specific need to examine the level of penalties available to the courts for cruelty offences across animal welfare legislation as a whole.

The Bill improves the deterrence impact of penalties for cruelty under the Animal Welfare Act 2006, but introduces a two-tier system—maximum penalties for cruelty offences under the legislation listed in new clause 2 remain at six months. It is clear that offenders do not discriminate between wild and domestic animals in inflicting cruelty. The RSPCA has a shocking catalogue of offences, just a few of which I will mention: a wild rabbit hit with a log and stabbed with a pen; a sheep beaten to death with a gold club; a goldfish’s eye cut out; a squirrel set on fire; a cat chocked and suffocated; and two hens beaten to death. I find it extraordinary that anyone can behave like that.

How do we work out what maximum penalty should be available to the court in each of those cases? If a person kicks their pet rabbit, it should be clear that, under the Bill, the maximum penalty would be raised to five years, but what if the poor animal that has been kicked to death is a wild rabbit in the middle of a field? The nature of the offence is arguably identical, and most people would agree that the offender should face the same penalty, but would they? What about the case we heard about from the hon. Member for Southend West (Sir David Amess) on Second Reading, of a driver who put down chips in a road to attract wild birds so that he could then run them over? Should wild birds, squirrels or hedgehogs be regarded as under the control of man in a situation such as that, and would they come under this penalty? What about people putting out poisoned foods at a wild bird feeding station? What if wild chickens are taken and tortured? Is it different if chicks are taken from a hedgerow or from a garden nest box? These are genuine questions and I find the definitions confusing.

My hon. Friend the Member for Bristol East spoke on Second Reading about cruelty committed against game birds that are specifically reared for shooting before being released in the wild. Where does that sit within an offence of cruelty? What concerns me is that guilty offenders might well seek to persuade a court that a lesser sentence should be imposed if the victim could be classed as a wild animal.

We heard in evidence from Mr Schwarz that the two-tier approach could end in confusion for both the judiciary and prosecutors. We need to consider carefully whether the Bill’s good intentions to deter the worst acts of cruelty could unintentionally lead to offenders targeting more wild animals. The Opposition are pretty clear that all animals are equal and deserve to be treated with respect and kindness. As our animal welfare plan stated:

“Our vision is one where no animal is made to suffer unnecessary pain and degradation and where we continue to drive up standards and practice in line with the most recent advances and understanding.”

Our preference would be for the Bill to set a maximum sentence according to the level of cruelty in the offence, rather than whether the animal is domestic or wild, which I have discussed with the Minister. New clause 2 offers the option of looking into that and giving Parliament an opportunity to consider it once the Act has taken effect. As I have said, we do not want to delay the Bill—we want it on the statute book quickly, which is why we are asking for a review. I hope the Minister considers it and I look forward to his response.

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David Rutley Portrait David Rutley
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As I said, we have distinguished lawyers in the room for a reason—they make important points such as that one, which only my right hon. and learned Friend could make with such eloquence. I completely agree that there is an added responsibility. It is a privilege to be able to look after animals and, when we do, we should expect higher standards of ourselves. There are laws that are relevant to other wild animals but, when these animals are in the control of man, a higher standard needs to be adhered to.

I do not really want to mention these cases, but I am trying to provide clarification and confidence to members of the Committee. We heard the example of a rabbit being kicked in a very serious way. Whether a rabbit is wild or not, rabbits are commonly domesticated, and that would be covered by the Bill. Similarly, if other animals were mistreated under the control of man, they would be covered. I understand that there are concerns, but I reassure members of the Committee that the courts will be in a better position, as a result of this legislation, to hold people to account and put the right sentences in place. They will be able to make judgments that will help domesticated animals and, in many cases, wild animals too—I will come to the point about wild animals more broadly in a second.

A review of wildlife legislation has already been conducted. At the request of the Department for Environment, Food and Rural Affairs, the Law Commission commenced in 2011 its wildlife law project to develop proposals for a modern, simpler and more flexible framework. The commission published its report and draft Bill in November 2015, and recommended that the existing pieces of wildlife legislation be replaced with a single statute.

Exit from the EU provides an opportunity to re-examine our regulatory framework and how it works so that it is fit for purpose to meet our national needs in the future and to fulfil our international obligations. As hon. Members may be aware, much of our wildlife law stems from EU directives. That is why EU exit would provide an opportunity to take that wider look. We will need to consider the implications of EU exit for our approach to wildlife policy before deciding whether and how to implement the Law Commission proposals.

In addition to the existing reviews of the Animal Welfare Act 2006, the Ministry of Justice regularly publishes criminal justice statistics. Under the 2006 Act, data on prosecutions, convictions and sentencing speak to the impact of higher penalties on animal welfare.

In summary, I completely understand the point made by the hon. Member for Workington, but the Bill focuses on the most heinous crimes involving animals, including wildlife, under the control of man. The penalties for wildlife crimes that focus on animals in their wild habitat are separate from this legislation. Welfare groups have long called for an increased maximum sentence for the serious crimes under the 2006 Act. It is important that we get this change of an increased maximum penalty on to the statute book as soon as possible and without amendment.

I would be happy to commit to meeting the hon. Lady in the very near future to discuss different maximum sentences for Animal Welfare Act offences and offences relating to the welfare of wildlife. In line with our normal, standard procedure, we will look at the impact of the Bill in three years’ time. On that basis, and with a commitment to hold an early meeting, I ask the hon. Lady to consider withdrawing her new clause. I hope she can support the passage of this important Bill at this stage without amendment.

Baroness Hayman of Ullock Portrait Sue Hayman
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I thank the Minister for his considered response. He will probably think that I am a bit odd, but I have a copy of the report and the proposed legislation from the Law Commission by my bed. [Hon. Members: “Hear, hear!”] Thank you.

I would very much appreciate a meeting to discuss how we take this matter further. Some of the Law Commission work is excellent, and it would be good to see how we move forward. On that basis, I am happy to beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

Bill to be reported, without amendment.