Animal Welfare (Sentencing) Bill

Debate between Bill Wiggin and Baroness Hayman of Ullock

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

[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.