Summer Adjournment

Chris Kelly Excerpts

Tuesday 19th July 2011 Commons Chamber

[Chris Kelly (Dudley South) (Con)]

Thank you, Mr Deputy Speaker, for calling me to speak in this pre-recess Adjournment debate. We have a problem in Dudley borough: the number of roaming horses that residents have to put up with, particularly in the Brierley Hill, Brockmore and Pensnett, and Wordsley wards in my constituency. The problem of roaming horses is now so widespread that residents have set up an action group, Dudley Borough Against Roaming Horses, with nearly 600 people having signed up to the group’s Facebook page—not quite as many as the 1,500 members of my Facebook group.

The problem of roaming horses has been widely reported elsewhere in the country. Indeed, the Highways Agency reported in 2009 that more than 200 stray horses are removed from its roads across the country every year. It might be helpful to highlight the fact that the methods used to address the problem vary by type of land, depending on whether it is highway, public land or private property. Public authorities appear to interpret the rules differently, as do third-party organisations. I will concentrate on the actions of my local authority, Dudley metropolitan borough council, later in my remarks.

The Department for Environment, Food and Rural Affairs cites three pieces of legislation that can be used to remove roaming horses: the Animals Act 1971, the Highways Act 1980 and the Animal Welfare Act 2006. Other organisations advocate the use of other legislation or regulations to address the problem, including section 24 of the Town Police Clauses Act 1847.

Having researched the problem on behalf of my residents, it quickly became clear to me that different councils appear to be deploying different legal approaches. For example, Cardiff council has used antisocial behaviour orders to punish the owners of stray horses, and my own local authority has used section 24 of the 1847 Act, which states that officers are permitted to seize cattle, including horses, found on the highways. I commend Dudley metropolitan borough council for the innovative way it is trying to tackle this costly and worrying problem. I support the council, West Midlands police and the Highways Agency in using any of the methods at their disposal to protect the taxpayers of my borough and safeguard the welfare of these poor creatures, which is an issue I will return to.

There is a long tradition of horse ownership in the black country, and there are many responsible owners who legitimately graze animals and whose horses are legally insured, passported and chipped. There is also a long history of less responsible horse owners, who often tether their horses on council land so as to avoid grazing charges and food costs. Their horses are normally secured with chains and moved from site to site to feed, which is known as “fly-grazing”. I do not think that any of the owners of these tethered horses in my constituency have received or read DEFRA’s code on tethering, which has been available on its website since March.

The amount of grazing land in the borough is limited, and I am told that the council’s current waiting list exceeds 200, with little likelihood of many on the list ever obtaining grazing space. The council does have the opportunity to develop more grazing fields, but horses can be powerful animals and there would need to be significant investment in new fencing and infrastructure to release the fields for use.

The problem of stray horses and illegal grazing has been a long-standing problem in the borough. In the latter part of 2010 and early 2011 the number of stray and illegally grazing horses reported to the council increased, which in turn raised considerable concern within local communities. The cause of the problem was irresponsible horse owners abandoning their horses on open land with no regard to the potential danger to their animals or the public. Inevitably, these animals strayed while looking for food and water and got on to the local road network, causing significant upheaval.

Today I call for clear guidance to be placed on the LocalGov.co.uk website, based on best practice from across the country on how to tackle the issue, and for advice to be placed on Direct.gov.uk to advise people in my borough and across the country.