Fly-Grazing of Horses

Chris Evans Excerpts

Tuesday 26th November 2013 Westminster Hall

[Chris Evans (Islwyn) (Lab/Co-op)]

It is a pleasure, as always, to serve under your chairmanship, Mr Hollobone. It is also a pleasure to follow the hon. Member for Somerton and Frome (Mr Heath). The Department for Environment, Food and Rural Affairs is somewhat poorer since he left as a Minister, but we have had the joy of hearing his words of wisdom today. I congratulate the hon. Member for East Hampshire (Damian Hinds), who is a good friend of mine, on securing the debate, for which the whole House has come together. Like many Members, I have received a great many representations from constituents who have expressed concerns about fly-grazing, and 10 of them asked me to attend the debate specifically because of horse welfare.

Fly-grazing of horses is illegal, but the legislation makes it difficult for landowners to remove horses from their land. Fly-grazing poses risks to people when horses wander the roads, going through school grounds, digging up sports fields or damaging nature reserves. In June 2013, animal welfare charities released “Left on the Verge”, which reported that more than 7,000 horses were at risk of needing rehoming or rescuing.

This issue was recently brought home to me by a constituent, Mr William Jenkins, who grazes his horses on Manmoel common, in the heart of my constituency. He relies on common-land grazing to feed his stock in the spring—more so than ever this year. However, when he turned his flock on to the common in May, after one of the harshest winters he can recall, there was little grass to graze, because it had already been eaten by dozens of abandoned ponies—unsurprisingly, many had already perished in the prolonged freezing conditions, dying of starvation or exposure. This has been an issue on Manmoel common for a number of years—although not only there—robbing farmers of their historic rights to graze the common, an important food source for livestock.

In a recent case, more than 100 horses were destroyed after being kept in detrimental conditions. They were among 400 horses found in a neglected state by RSPCA inspectors. In another recent case, a breeder was sentenced to 10 weeks in jail and banned from keeping horses for 10 years after being found guilty of causing unnecessary suffering when nine horses had to be put down and another 51 placed in sanctuaries.

There are a number of reasons why fly-grazing throughout England and Wales is increasing—primarily, the economic downturn combined with too many horses being bred. The result has been a horse market in which horses at every level have dropped in price. At the lowest end, they are being sold at auction for as little as £5. Farmers may advertise a horse and sell it after 14 days to cover their costs, but if the pony has no passport or microchip, that animal cannot be sold, costing the farmer more than the cost of raising the horse. There are also reports of some dealers cutting the cost of animal welfare and disposing of their horses by abandoning them on other people’s land when the horse has no further value to them.

The issue is made worse by the confusion about who has responsibility for fly-grazed horses. Is it local authorities, landowners or animal welfare charities? The Government need to take action to clarify the situation. Dealing with abandoned horses is a problem further complicated by rescue centres being under severe pressure and close to capacity, local authorities struggling with the numbers of horses left on their land, and landowners having to engage in costly legal action to have abandoned horses removed safely.

Another reason for the proliferation of fly-grazing is that the mechanisms in place for prosecution are insufficient and perpetrators are finding it easy to get away with—the benefits to them far outweigh the cost. The present law is insufficient, as it makes pre-emptive action impossible, and is insufficient when attempting to trace horse owners. Indeed, the inability to trace ownership is the fundamental reason why current laws do not work. Fly-grazers do not comply with horse identification legislation, and horses are often not microchipped when they should be.

The problem comes down to the complex mix of legislation relevant to removing fly-grazing horses. It includes the Animal Welfare Act 2006, the Animals Act 1971, the common law of lost or abandoned property, the Local Government (Miscellaneous Provisions) Act 1982, the Highways Act 1980, the Equine Identification (Wales) Regulations 2009 and the Horse Passports Regulations 2009—makes sense that, if you are a farmer or a horse owner, Mr Hollobone. All situations are different and require different elements of legislation to resolve them. Enforcers such as the police and local authorities will get involved only in incidents that violate criminal law.

[John Mann (Bassetlaw) (Lab)]

On local authorities, is my hon. Friend aware of the situation in places including Bassetlaw where, when the local authority takes action for good reason, the horse owner simply moves the horse to a non-local authority-owned piece of land, and if the owner of that land takes action, they move the horse back to the local authority land? In other words, they can never be nailed down under the law.

--- Later in debate ---

[Chris Evans]

My hon. Friend has hit the nail on the head. Horses are being moved round in a cycle. People are wise to the law and know that unless a criminal act has taken place there is no violation.

As a Welsh MP, I think we should look to the Welsh approach. As the hon. Member for East Hampshire said, that approach might not be perfect, but it is at least a start and is getting a grip on the problem. Wales is now taking action to rectify the problem. Ministers there are introducing a new Bill to tackle fly-grazing, the Control of Horses (Wales) Bill, which will take effect from early 2014. Conservative estimates are that 3,000 horses are being fly-grazed in Wales and 2,500 in England. Given the tough approach being taken by the Welsh Government, the Westminster Government need to highlight what measures they are taking to ensure that those 3,000 horses in Wales do not simply become England’s problem, which follows on from the point made by my hon. Friend the Member for Bassetlaw (John Mann). Fly-grazing is also a cross-border issue. My constituent, Mr Jenkins, supports the Welsh Government and has said:

“I think the new legislation will go a long way to help stop the problem, it will make people think twice about fly-grazing. The legislation is not perfect, a lot more could be done, but it is a step in the right direction and something we can work off moving forward.”

That is the issue.

The Westminster Government need to take action on the issue of fly-grazing, which has been getting increasingly worse over the past two to three years. They must simplify the legislation dealing with fly-grazing, whether they opt to make small amendments to existing legislation, such as the Animals Act 1971, or introduce new legislation, as the Welsh Government are doing. While streamlining the existing legislation, the Government also need to enforce the equine identification legislation, including the requirements to microchip and register horses.

There are several key areas that need to be addressed in any action taken by the Government. The first is easier removal of horses. It should be possible to remove horses immediately and dispose of them after seven days if the owner does not come forward. Secondly, we should reverse the burden of proof of ownership. Owners should have to prove ownership of horses they have sought to claim, which would reduce costs and the time currently spent by local authorities. Thirdly, we should make it easier to dispose of horses. Currently, horses can only be sent to auction or sold at market. Authorities should authorise options such as rehoming or, in worst-case scenarios, disposal.

I have two key questions for the Minister. We have seen in Wales that to enforce the legislation we will need multi-agency co-operation between local authorities, the police and charities. What support will the Government give to enable forward planning and the prioritisation of resources? Secondly, will the Government provide guidance to landowners and local authorities on how to handle cases of fly-grazing so that costly legal advice need not be taken to determine exactly which of the seven or eight pieces of relevant legislation apply?