Animal Welfare (Sentencing) Bill

Baroness Hayman of Ullock Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Wednesday 10th July 2019 Commons Chamber

[Sue Hayman (Workington) (Lab)]

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]

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.

[Sue Hayman]

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]

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.

[Sue Hayman]

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]

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.

[Sue Hayman]

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.

[Mr Jim Cunningham]

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.

[Sue Hayman]

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 (Clacton) (Con)]

Do the hon. Lady’s comments about the welfare of animals also apply to animals that are bred for slaughter?

[Sue Hayman]

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.