Animal Welfare (Sentencing) Bill

Bill Wiggin Excerpts

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

[David Rutley]

I thank my right hon. Friend for his intervention, and for his concern about horse tethering. I share that concern, which is why we recently had a roundtable meeting with the relevant welfare groups and authorities to discuss how we could achieve best practice in this regard. I think that there have been some case studies—particularly in the Swansea area, if I remember correctly—and that real action has been taken. We need to spread that best practice far and wide.

It is a pleasure to introduce this important Bill. We committed ourselves in September 2017 to increasing maximum sentences for animal cruelty offences, and in December 2017 we published our draft Bill for pre-legislative scrutiny. That followed the introduction of the Animal Fighting (Sentencing) Bill in July 2016 by my hon. Friend the Member for Torbay (Kevin Foster), and the introduction of the Animal Cruelty (Sentencing) Bill, also in July 2016, by the hon. Member for Redcar (Anna Turley). I pay tribute to both of them and the supporters of their Bills; I thank them for their hard work.

I am delighted to have secured the parliamentary time to introduce this small but incredibly valuable Government Bill, which is of great importance to the House, the animal welfare community and the public more widely. I pay tribute to all who campaigned for the Animal Welfare (Service Animals) Act 2019, popularly known as Finn’s law, which is closely linked to the Bill. Finn is a police dog fondly known as Fabulous Finn to his friends, and a distinguished example of the incredible bravery and hard work of service animals. This Bill will ensure that those who cause injury to a service animal will receive a proportionate penalty for their horrific actions; I will speak on this in more detail a little later.

Many animal welfare charities and other organisations have been calling for increased sentencing for a number of years. I thank them for their campaigning on the matter and for ensuring that this issue has remained at the top of the agenda: Battersea Dogs and Cats Home, Blue Cross, the Royal Society for the Prevention of Cruelty to Animals and the League Against Cruel Sports, to name but a few, have been incredibly effective in their support for an increase in the maximum penalties, and I praise their tireless efforts. Claire Horton, chief executive of Battersea Dogs & Cats Home, stated that the introduction of this Bill is a “landmark achievement”.

This Bill is indeed a landmark step forward for animal welfare in this country. It demonstrates our commitment to protecting this nation’s animals. I pay tribute to Northern Ireland and my hon. Friends in the Democratic Unionist party for setting such a great example in support of animal welfare; Northern Ireland has already introduced a higher maximum penalty of five years for animal cruelty offences, which we are pleased to be able to match in England and Wales.

I also pay tribute to those hon. Members who have consistently advocated introducing this Bill, notably my hon. Friend—most of the time my friend—the Member for Tiverton and Honiton (Neil Parish), Chair of the Environment, Food and Rural Affairs Committee. He can be grumpy on occasions—[Interruption.] Oh, he is there! I had not realised he was behind me! Indeed, I thank all members of the Committee, who tirelessly press the Government on this issue.

Our Bill and the proposals therein on animal welfare sentencing have received strong support from across the House, and I am grateful to the Opposition Front- Bench team, not least the hon. Member for Workington (Sue Hayman) for her full and wholesome support; it is much appreciated.

[Bill Wiggin (North Herefordshire) (Con)]

Thirteen years ago in 2006 when the Animal Welfare Act was going through its stages, I proposed an amendment that would do exactly what this Bill does, so may I thank the Minister for bringing it in but express regret that it has taken 13 years to do so?

[David Rutley]

I am pleased the Bill is before us today; sometimes these things take time—too often in animal welfare—but I am really pleased that through working together across this House we have seen a number of pieces of legislation come forward in recent weeks and months. That is because we are working so closely together. I am extraordinarily grateful for that and for the support we have had from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who has long called for higher sentencing.

It is also important to recognise the hard work of our Whips. They are not able to speak on this matter, but I know that my hon. Friends the Members for Chippenham (Michelle Donelan) and for Milton Keynes South (Iain Stewart) are very keen for this legislation to come through. It would be remiss of me not also to mention the irrepressible hon. Member for Bristol West (Thangam Debbonaire), who is a complete enthusiast for this Bill and I am sure would love to be associated with it.

The Bill amends the Animal Welfare Act 2006, which currently sets out a maximum penalty of six months’ imprisonment and/or an unlimited fine for the more serious prevention of harm offences. That is much lower than the current European average for animal welfare offences, which is two years; indeed many countries have much higher maximum penalties. I am pleased to say that the Bill introduces one of the toughest punishments in the world and will bring us in line with the maximum penalties in Australia, Canada, New Zealand, Ireland, India and Latvia, which are all five years’ imprisonment.

The Government published the draft Bill for consultation and pre-legislative scrutiny in December 2017 as part of the Animal Welfare (Sentencing and Recognition of Sentience) Bill. The consultation closed in January 2018 and the Department for Environment, Food and Rural Affairs received over 9,000 direct responses to it; 70% of respondents agreed with the new maximum penalties. In the summary of responses document, the Government committed to bringing forward the sentencing clauses in a separate Bill as recommended by the Environment, Food and Rural Affairs Committee scrutiny report in January 2018.

There have been a number of recent cases related to serious animal welfare offences in which judges have expressed a desire to impose a higher penalty or custodial sentence than that currently provided for under the Animal Welfare Act 2006. For example, in 2016 an 18-year-old man kicked his girlfriend’s pet spaniel to death in an horrific attack. The dog was kicked repeatedly so hard that her brain stem detached. The man was sentenced to six months in prison and ordered to pay costs and victim surcharges of more than £1,000. The judge at the magistrates court said that he would have imposed a stronger, longer sentence if the law had allowed it. It was a sickening act of deliberate cruelty and in such cases a higher sentence would have been favourable for the court.

If I may, I would like to give another horrific example of where the judge explicitly told the court that he would have imposed a longer sentence if the guidelines had allowed. In November 2016 a man gave a dog painkillers and then beat her to death with a shovel. The man was sentenced to four months in prison and was disqualified from keeping all animals for life. That sentence was clearly not appropriate for such a dreadful act, and we need to change that, and we will now.

This Bill relates closely to the warmly received Animal Welfare (Service Animals) Act 2019, commonly known as Finn’s law, which prevents those who attack or injure service animals from claiming self-defence. It received Royal Assent on 8 April 2019, and I pay tribute to my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), who is also in his place, for steering the Bill so skilfully through this House.

When this Animal Welfare (Sentencing) Bill is enacted, those who cause harm to a service animal in the course of the animal’s duty could be subject to a maximum sentence of five years. The intention of Finn’s law was to increase the maximum penalty for animal cruelty as well as improving the protection of service animals. We are now completing the increased protection of service animals with this Bill, and as a result achieving what the Committee and campaigners have worked so hard for.

The Bill is due to commence two months after Royal Assent and has a limited impact on costs to the criminal justice system. The increase in maximum penalties will not result in an increase in the number of offenders being sent to prison; it will result only in the potential length of time that might be served by the most serious offenders. We have been in discussion with the Ministry of Justice on this matter, and the Government consider that this may lead to some marginal extra costs to the criminal justice system which are unlikely to be more than £500,000 per annum. DEFRA has agreed with the Ministry of Justice to take on the costs, as set out in the explanatory notes.

While some offences committed under the Animal Welfare Act 2006 may be more minor incidents, there are unfortunately cases of serious or systematic cruelty. For example, some forms of animal cruelty, such as dog fighting, can be linked to organised crime and are carried out for financial gain through betting and prize money.

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[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.

--- Later in debate ---

[Anna Turley (Redcar) (Lab/Co-op)]

I just want to add to the debate something that has not really been discussed. The most recent Labour Government introduced the Animal Welfare Act 2006, under which provision was made to increase sentencing to imprisonment of up to 51 weeks and a fine not exceeding £20,000. We did amend the law, but it never got enacted, which was bizarre. It is important to recognise that we did try to take steps. I do not know why that was not enacted.

[Bill Wiggin]

rose—

[Sir David Amess]

I do not think we can have an intervention on an intervention, but the hon. Lady makes a good and valid point that it seems my hon. Friend the Member for North Herefordshire is going to deny.

[Bill Wiggin]

I am afraid I am. I urge the House also to consider the case of lost dogs, which are now returned to councils rather than to the police. The criminal justice legislation that would have changed sentencing in the way the hon. Member for Redcar (Anna Turley) just mentioned was never brought forward by that Labour Government, so I am afraid the buck stopped very much with the Labour Government of the time. Indeed, the Minister concerned subsequently served at Her Majesty’s pleasure himself.

[Sir David Amess]

Madam Deputy Speaker, I have already been speaking for six minutes and I have not even started my speech, so I need to move on quickly. We want to get this legislation on to the statute book quickly, and people will be frustrated.

My right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) mentioned Finn’s law. Given that you are a fellow Essex Member of Parliament, Madam Deputy Speaker, and that my hon. Friend the Member for Clacton (Giles Watling) was interested in the matter, I should say that I was privileged to be at the event at which Paul Nicholls, together with the chief of police, unveiled the monument to police dogs. I met Finn and the whole thing was just a tear-jerker. My right hon. and learned Friend spoke about the dog barking when the legislation went through the House of Lords, and I can testify to that.

Now to my brief speech. It is true that a dog is a man’s best friend but, as we have heard already, there are too many examples of cruelty. There is a danger that we will talk about more and more horrific things, such as dogs being forced to fight against each other and the latest thing, which is sport trophy hunting. How is it that companies can be trying to attract Brits to go abroad, where these magnificent animals are enclosed, so that they can cut off their tusks and heads and so on? It is absolutely barbaric. Shame on anyone who goes on one of those holidays.

I am told that 26% of households in the United Kingdom own a dog and 18% own a cat. The vast majority of British people look after their pets well. We have one or two farmers present; introducing children to animals at an early age is a good way to get them to treat animals well. I know that not all children can necessarily empathise with animals, but I think that that would help. I join others in saying I am so glad that, as a developed country renowned for its historical championing of animal welfare, we are to have this legislation.

In 2017, the RSPCA investigated 141,760 complaints. That is a huge number. In 2018, the RSPCA phone line received 1.1 million calls. I am sure that none of them was made from the constituency of my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois), but an awful lot were certainly made in Essex. The way in which the animals are protected is the first vital part of the Bill. The second important part is that it will act as a deterrent. The Bill recognises that the root of the problem is really with animal abusers, and although it may take a few months to kick in, all the literature that I have read agrees that this legislation will act as a meaningful deterrent.

There are too many examples of animal cruelty. Recently, in a national newspaper, we heard about a French bulldog that had just had puppies. How could someone have chained that dog to a car—we all saw it—and dragged it along the road? That is just horrendous, and the person responsible has still not been caught. I am glad to say that the RSPCA is on the case.

Just last week, The Independent reported that a driver in Somerset was luring birds on to a road with chips before mowing them down. That is sick behaviour beyond belief. In another shocking example, which took place at the end of last year, a man in the UK hit a dog with a hammer and strangled it with a washing line just because it was getting on his nerves—perhaps he had mental health problems. None the less, these are absolutely despicable incidents, and they are happening in our country.

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[Sir David Amess]

Embarrassingly, my right hon. Friend recognises that I am susceptible to flattery, but as I am on the Panel of Chairs, I do not think that I can also serve on the Committee, much as I would like to.

Let me go back to the Protection Against Cruel Tethering Act 1988. When my right hon. Friend the Member for Rayleigh and Wickford was a councillor in Basildon, we opened the horse and pony sanctuary in Pitsea. It is tragic that this big event has been completely whitewashed and here we have legislation and it is not even being enforced. That is very disappointing.

Controversial lady though my good friend Ann Widdecombe is, she and I introduced a ten-minute rule Bill for endangered species some time ago. I am very glad that the Animal Welfare Act 2006—she was still here then—has been as effective as it has.

In 2017, the RSPCA investigated all these complaints. My final point is that there have been only 1,492 prosecutions, so we have a huge number of complaints—more than 1 million phone calls—but very few prosecutions. I hope that my hon. Friend the Minister will address that. It is very good that we are increasing sentences from six months to over two years, but is there a problem with resources? Do we not have the enforcement officers with local authorities? I am told that the cost of everything that we are putting in place today is about £500,000, which I realise is an awful lot of money.

[Bill Wiggin]

I think that my hon. Friend is suggesting that he would like to see the number of convictions going up. Actually, I would like to see the number of convictions going down, because people who are committing acts of hideous cruelty are going to prison for a lot longer and are therefore less likely to do the same thing again and are less likely to involve an animal. We should judge this not by the number of convictions, but by the success with which the Bill delivers proper justice for those creatures.

[Sir David Amess]

My hon. Friend articulates the point that, hopefully, this sentencing will be an effective deterrent, so we will not have the same number of complaints.

On 23 May, I asked a question in this House about the lack of animal welfare officers in local authorities. I hope that the Minister might have some news on that, because, possibly, 440 RSPCA inspectors and 50 welfare officers are not enough to tackle this problem.

I repeat: this is a broken Parliament; but in a perverse way, I am glad that animals have benefited from the legislative opportunity that has arisen because it is broken. May we, in the weeks and months ahead, pass much more legislation such as this.