Animal Welfare

Baroness Hayman of Ullock Excerpts

Thursday 30th March 2017 Commons Chamber

[Sue Hayman (Workington) (Lab)]

I thank the hon. Member for Tiverton and Honiton (Neil Parish) for bringing this debate to the Chamber, and for his continued chairmanship of the Environment, Food and Rural Affairs Committee. We have had excellent contributions from both sides of the House, including many from members of the Select Committee.

I would like to speak broadly in favour of the Committee’s recommendations. It is an excellent and thorough report, and I recommend that everyone read it. Having seen the RSPCA’s response to the report, I concur with its assessment of the recommendations and urge the Government to pay heed to them.

It has been said that Britain has the best animal welfare in the world. The Animal Welfare Act 2006 was a landmark piece of legislation and we in the Labour party are very proud of it. Acting upon the report’s recommendations would cement our position as world leader and ensure that our high standard of animal welfare is maintained. I would like to touch on two main points from the report, areas that have been admirably covered by my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick).

First, I agree with the Committee and the RSPCA that the Government should ban the third-party sale of dogs. Dogs should be available only from licensed, regulated breeders or approved re-homing organisations. The Pet Animals Act 1951 requires third-party sellers of dogs to hold a pet shop licence. However, this licensing is not protecting the welfare of all dogs or the interests of consumers, so the current situation is no longer fit for purpose. Licensing must be considered appropriate for third-party sales only if it meets the welfare needs of puppies. It serves no purpose if it does not mitigate risks or prevent harm. The only solution to protect the welfare of puppies is to ban third-party sales entirely.

International studies have found that puppies obtained from pet shops are more likely to be aggressive towards people, fearful, prone to separation anxiety, and infected with parasites and pathogens to a significant level. Behavioural problems are the most common cause of euthanasia in dogs under two years old, with the most common cause of fear and aggression being a lack of socialisation during the critical period up to 16 weeks old. Responsible breeders, by definition, will not sell puppies through third parties.

The third-party licensed pet shop market depends on and sustains low welfare breeding. As long as there is a market for cheap, intensively bred puppies, welfare problems will persist because the incentives for non-compliance far exceed the potential penalties.

We heard about online sales from the hon. Members for Southend West (Sir David Amess) and for Taunton Deane (Rebecca Pow). Demand has also been mentioned, and we need to look at that as well. Availability may artificially inflate demand, so reducing the supply of cheap, poorly bred puppies from dealers will promote a more responsible buying culture. A ban is vital to protect the welfare of puppies, and to serve as an essential first step in the improvement of standards in high-risk breeding establishments.

When we bought our family dog, a lovely chocolate labrador called Max, we knew how to find him—we knew who to buy from: we knew where to find a responsible breeder—but not everyone knows how to do that. We need to protect consumers from irresponsible breeders, and help them to make responsible purchases. We must ensure that animal welfare comes before profit. The Government must place a statutory duty on local authorities to enforce the Animal Welfare Act so that it has proper teeth, and then give local authorities adequate resources with which to enforce the regulations made under the Act.

The Committee recommended an increase in the maximum penalty for animal welfare offences to five years. My hon. Friend the Member for Redcar (Anna Turley) has done a huge amount of work on that with Battersea Dogs & Cats Home; I am grateful for her contribution today, and I am proud to support her campaign. Labour’s Animal Welfare Act created and amended a number of offences—for instance, causing deliberate harm or any unnecessary suffering to an animal, and wilful neglect. Such offences carry a maximum penalty of six months’ imprisonment or an unlimited fine: the penalty was raised in 2015 from a maximum fine of £20,000. The Act also includes a provision to increase sentences to 51 weeks under the “custody plus” system, consisting of a combination of community service and imprisonment. Current sentencing guidance issued by the independent Sentencing Council states that the starting point for attempting to kill, torture or cause prolonged neglect to an animal and the permitting of fighting is an 18-week custodial sentence, with a range of between 12 and 26 weeks in custody.

Unfortunately, the Government have yet to make any significant changes to ensure that the punishment for animal cruelty reflects the gravity of the crime. They should consider increasing magistrates’ sentencing powers, and providing for the most serious cases of abuse to be heard in the Crown court. Groups such as the League Against Cruel Sports, the RSPCA, and Battersea Dogs & Cats Home have expressed concern about the sentences for animal cruelty, which do not always appear to match the abuse suffered by the animals, especially in the case of extreme cruelty such as dog fighting. Sentences—which were mentioned by my hon. Friend the Member for Gedling (Vernon Coaker)— must reflect the seriousness of such crimes.

The Labour manifesto of 2015 committed us to improving protection for cats and dogs. We support the call by the League Against Cruel Sports for the implementation of its dog fighting action plan, which would include the holding by statutory agencies of a national register of individuals banned from keeping dogs. The RSPCA has run campaigns calling on the Government to undertake a review of sentencing for animal cruelty under the Animal Welfare Act, and to amend it to allow tougher sentencing for offences such as animal fighting. Of the 752 people who were found guilty of causing, permitting or failing to prevent unnecessary suffering to animals in 2014, only 76 received a sentence involving immediate custody, and only about half that number received custodial sentences of more than three months.

Finally, I have a couple of Brexit-related questions for the Minister. First, will he commit himself to maintaining all existing animal welfare legislation post-Brexit? Secondly—this was mentioned by the right hon. Member for Chipping Barnet (Mrs Villiers)—does he agree that any trade deals struck post-Brexit must respect the high animal welfare standards of the UK, and must not undermine the ability of British farmers to compete at home?

I look forward to the Minister’s response, and hope that he will take on board the many excellent recommendations in the Committee’s report.