Animal Welfare (Sentencing) Bill

Bob Stewart Excerpts

2nd reading & 2nd reading: House of Commons
Friday 23rd October 2020 Commons Chamber

[Sir Christopher Chope]

Well, that is another one on the agenda for the next Session of Parliament, Madam Deputy Speaker.

I will just conclude by saying that there is another element to this: the Sentencing Council guidelines for dealing with animal welfare offences. They say that a period of imprisonment should be merited only in the most serious offences. My concern about the Sentencing Council guidelines—perhaps the Minister could address this, too—is that they constrain the ability of magistrates in particular to impose the penalty that they think is appropriate, having regard to all the circumstances. If this House decides, as it wants to do today, to impose a maximum sentence of five years, is it reasonable for the unaccounted people who deal with the sentencing guidelines to bring in guidelines that suggest that there should not be many penalties of five years imposed by the Crown courts? So we have a real problem: the legislature has ceded control, or a significant part of control, over sentencing to the Sentencing Council.

[Bob Stewart (Beckenham) (Con)]

My very good and hon. Friend is making good points. Do the sentencing guidelines actually say, “If you cut off the tail of a dog, it’s this. If you kick an animal down the stairs, it’s that”? Are they the sort of sentencing guidelines that he is expecting?

[Sir Christopher Chope]

I am not expecting them at all. I am criticising the fact that they are no longer just regarded as guidelines, but accepted by many magistrates and judges as tantamount to instructions. If my hon. Friend looks at the sentencing guidelines for animal welfare, which I commend to him, he will see that they are not that specific, but they do give some general parameters that place constraints on the discretion of magistrates. The current guidelines impose severe constraints on the magistrates’ ability to impose an immediate custodial sentence for any offence of breach of animal welfare. That is another issue that needs to be raised.

We need to work with public opinion on that and not allow the public to be disappointed. They should not think that we are offering a panacea for improving animal welfare and reducing animal cruelty. Let us hope that the Bill does deter some of the most heinous offences, but let us not think that it is the full answer to all the problems.

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[Sir David Amess]

My hon. Friend the Member for Hendon (Dr Offord) has been involved in a bit of a battle over the years, particularly about dogs, and I am not sure where we are with that at the moment. Obviously, we have the sniffer dogs, and I think a couple of ducks live on the estate. Of course, we welcome all the mice, and there are a few rats about the place, I think. My hon. Friend the Member for Wolverhampton North East (Jane Stevenson) makes a good point; perhaps that is something for the Administration Committee.

My hon. Friend the Member for Workington spoke about his French bulldogs. My wife and I look after one of our daughter’s French bulldogs, called Vivienne, and although she does not know it yet I look forward to a fair battle at the Westminster dog of the year show. I am very jealous that my hon. Friend the Chair of the Environment, Food and Rural Affairs Committee has already won that contest.

I want the United Kingdom to lead the world on animal welfare. We have some of the most progressive animal rights legislation in the world and I can tell my hon. Friend the Minister that I am looking forward to improving it even further at the end of the year. I do not understand why, although the Republic of Ireland and Scotland have recently increased the maximum sentence for animal cruelty to five years, sentences in England and Wales are still among the lowest in the world and the weakest in Europe.

The RSPCA deals with severe cases of animal cruelty every day, and on average someone in England or Wales dials its helpline every 30 seconds. It is absolutely shocking to think that that amount of cruelty is going on. In November 2019, a man admitted to beating his 11-month-old German Shepherd puppy to death. He was sent to prison for four months. Cases such as this are all too common. Currently, the average sentence for animal cruelty is about three and a half months’ imprisonment. An average of just over three people per year over the past three years have received the maximum penalty of six months’ imprisonment for animal cruelty.

[Bob Stewart]

I thank my very good friend who represents Southend—the city—for allowing me to intervene. I am absolutely surprised that more people are not brought to court for animal cruelty in this country, given the number of people found by the RSPCA doing despicable and very cruel things. The RSPCA can bring people to court, so I just do not get why there are not many more people in magistrates’ courts facing—soon hopefully increased—sentences.

[Sir David Amess]

I absolutely agree. My hon. Friend the Member for Warrington South (Andy Carter) said in an earlier intervention that he is a justice of the peace and mentioned how frustrating dealing with these matters is. My hon. Friend the Member for Beckenham (Bob Stewart), and he is also right, of course, about Southend West and our determination to become a city. In fact, when we become a city, everyone will understand that my constituency is full of animal lovers.

[Bob Stewart]

Forgive me, Madam Deputy Speaker; I did not mean to give my hon. Friend another opportunity to lobby for Southend West. I am very sorry.

[Sir David Amess]

Well, I am not sorry. In fact, one of my hon. Friends just suggested that I should have a logo on my face mask. They have been ordered, and they will be available to colleagues when we return.

The Animal Welfare Act 2006 makes it an offence to cause unnecessary suffering to domesticated animals or animals under the control of man. However, the punishment currently really does not fit the crime. Our sentencing system does not adequately protect animals and fails to deter perpetrators from committing animal cruelty offences. The current maximum sentence for animal cruelty is just 10% of the maximum sentence for crimes such as fly-tipping, which is absolutely ludicrous. The Bill promoted by my hon. Friend the Member for West Dorset will, I understand, amend the 2006 Act, raising the maximum penalty for animal cruelty in England and Wales from six months in prison and/or an unlimited fine to a penalty of five years in prison and/or an unlimited fine. I commend him on that. No doubt in Committee and on Report, he may be open to the suggestions of others. However, his overall endeavour is to get this legislation on the statute book as quickly as possible.

I referred to this point earlier, and I am sure that my hon. Friend the Minister agrees that evidence shows that animal cruelty offenders often go on to commit violent crimes against human beings, so it is absolutely essential that courts have the ability to give these perpetrators sentences that match the severity of their actions. There were one or two interventions earlier on enforcement. In the bowels of this building are piles and piles of statutes. Laws are often already there, but there is no point in spending hours and hours legislating unless that legislation is enforced. I do not mean this unkindly to new Members, but they will learn in time that, although we think we do, none of us really has anything original to say. It has all been said before in different ways. It is like the call list: Members who are earlier on the call list get to say all the things, and people later think it has all been said before, but obviously their constituents very much want to hear their voice.

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[Elliot Colburn (Carshalton and Wallington) (Con)]

I support the Bill, and I congratulate my hon. Friend the Member for West Dorset (Chris Loder) on securing a position in the private Members’ Bill ballot. This is a fantastic opportunity for us to discuss these issues. I would like to pay particular tribute to the animal welfare charities that have been lobbying hard on this issue for many years, including Cats Protection and Battersea Dogs and Cats Home, both of which I have had the pleasure of speaking to over the last couple of months; I made it clear to them that I would be here today to support my hon. Friend in taking forward this important Bill. I also pay tribute to the amazing animal welfare charities in my constituency, such as Wallington Animal Rescue, which has done incredible work to look after animals at a local level.

This Bill is incredibly important to me, because, like so many other Members here today, I am a pet owner, and I have been blessed to be in a home with animals ever since I was a child. It began with just a few rabbits—that is all I could manage, according to my parents—and then when I became a teenager, we were given the opportunity to own a dog for the first time. Nothing brings more joy to a family’s life than bringing a pet into their home, and I recommend it to anyone who does not yet own one.

I was lucky a few years ago to meet Jed, who—I should probably clarify, given the topic we are debating—is not an animal. [Interruption.] I will leave that to my hon. Friends’ imagination. I had no idea that, in agreeing to marry Jed and let him into my life, I would be taking on responsibility for looking after not only two additional dogs, Willow and Lola, but also horses, sheep, pigs and—Jed’s real passion—chickens and ducks. It is more animals than I ever thought I would have in a lifetime, but they are part of the family, and I love having them.

I want to talk about the first dogs that arrived in our lives, Snoopy and Jazz, who were both rescues from Battersea Dogs and Cats Home. It is hard to believe from meeting him, but Snoopy was an unwanted Christmas present and ended up in Battersea after being left there by a previous owner. Snoopy and Jazz, like so many other residents of Battersea Dogs and Cats Home, were Staffordshire bull terriers, which sadly have quite a bad reputation across the country. They are seen as somehow more violent and as inappropriate pets, whereas anyone who has ever owned one will tell you that they are some of the most loving dogs you can have. I am so pleased that they were named the UK’s favourite breed of dog last year.

[Bob Stewart]

There are no bad dogs; there are bad owners, and dogs take after their owners when they do something very bad.

[Elliot Colburn]

I could not agree more with my hon. Friend. It is a testament to the work that animal charities such as Battersea Dogs and Cats Home do that they are able to find new, loving, permanent homes for dogs like Snoopy and Jazz.

Jazz came to us because she had been passed around many different homes—she had been to around three or four—because some of her previous owners had found her behaviour challenging. She was described as a “bin raider” when we took her on, and I can confirm that that description was accurate. Sadly, some of the behaviour that she displayed when we took her on, particularly her apparent fear of men, suggested to Battersea, when eventually it let us take Jazz home, that she had probably been subject to some level of abuse in the past. I am pleased that we managed to give Jazz a good home and that she is still with us today.

I know just how devastated my family and I would be if any of our animals were to be taken from us and abused by others. Unfortunately, there were a number of quite high-profile animal-abuse cases involving cats in my constituency and surrounding areas—the Minister may know of this already. What is known as the “Croydon cat killer” case started a few years ago; unfortunately, it is still an open investigation and we are no closer to finding the truth. It started off in Croydon, funnily enough—it got its name from the borough bordering my constituency—but this spate of cat killings, which involved cats being beheaded, spread to other parts of south London, including Carshalton and Wallington.

There was an investigation and the conclusion was that it was down to urban foxes. The cats’ owners find that a bit fanciful, and I have to say that I agree. The pattern of behaviour, particularly the cats being beheaded and left there, with no evidence of their being eaten, does not suggest to me that it was urban foxes. It suggests to me that systematic abuse is going on, and I sincerely hope that the investigations can be reopened and that the cats’ owners can get a bit of justice and a bit of an answer as to what happened to their beloved pets.

Let me bring my remarks back to the Bill. As we heard in earlier contributions, it is evident that a six-month sentence is certainly not enough. If we look into the statistics in a bit more detail, we see that in the past 10 years only 6% to 11% of all people convicted of animal cruelty offences were given an immediate custodial sentence. The current maximum sentence is clearly not a deterrent, which is why I fully support the measures in the Bill to increase sentences to five years. Notwithstanding the concerns that we have heard from my hon. Friends the Members for Southend West (Sir David Amess) and for Christchurch (Sir Christopher Chope), who are no longer in their places, I think that will go a long way towards acting as a deterrent to people who want to commit these heinous crimes.

I am very pleased that my hon. Friend the Member for West Dorset has brought the House together today. I fully support the Bill and look forward to seeing it through to Royal Assent.