Fly-Grazing of Horses

Chris Kelly Excerpts

Tuesday 26th November 2013 Westminster Hall

[Damian Hinds]

My hon. Friend rightly raises one of the significant underlying issues, and it is one that I will return to later.

There are three key pieces of legislation in this arena. First, there is the Animal Welfare Act 2006. However, that applies only where there is significant suffering; I am told that quite a “high-hurdle” test must be passed for it to be used. Secondly, there is the Highways Act 1980, which relates to cases in which animals are on or by the public highway. Thirdly, there is the Animals Act 1971, which is a means of getting horses off private land, although the process involved is quite onerous; I will discuss that process later. Significantly, there are also a number of private Acts that apply in different parts of the country, including the Mid Glamorgan County Council Act 1987 and, in my own area, the Hampshire County Council Act 1972.

What is the process if a farmer discovers that, say, a dozen horses have appeared on their land? They should call the local authority, which may check the horses. In doing so, it often finds that there is no microchip to allow traceability. The local authority then puts up a notice to say, “Contact us if these horses are yours.” The owner then has two weeks to come forward. Then, just before the two weeks are up, the horses miraculously disappear; hon. Members will be familiar with the situation.

[Chris Kelly (Dudley South) (Con)]

I congratulate my hon. Friend on calling for and securing this important debate. Does he have experience of an issue that I have in my constituency? Once horse bailiffs seize horses, or council employees are involved in bringing in horse bailiffs, people are then intimidated by the owners of the horses—the owners who have neglected them and left them in such a sorry state.

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[Mr Pat McFadden (Wolverhampton South East) (Lab)]

It is a pleasure to serve under your chairmanship today, Mr Hollobone. I begin by congratulating the hon. Member for East Hampshire (Damian Hinds) on securing such an important debate. I would also like to explain that I might not be able to stay for the full length of the debate, as I face the not unusual House of Commons problem of having to be in two places at the same time. However, I would like to use the minutes that you have allotted me, Mr Hollobone, to make a few points.

As the hon. Member for East Hampshire rightly said, although the problem of abandoned horses might be thought predominantly to affect rural areas, that is certainly not the whole case. I can assure the House that it is a significant problem in some urban areas, such as my own black country constituency. In many parts of the black country, specifically around the Bilston and Bradley areas of my constituency, it is common to see horses grazing on abandoned former industrial land or small plots of common land. The state of the horses varies. Sometimes they are in a decent state and looked after, but sometimes they are not and are in a very poor state. Sometimes they are tethered, sometimes they are not. Sometimes they can break free and be found wandering round housing estates, going into people’s gardens and causing at least a nuisance and in some cases real danger.

[Chris Kelly]

I thank the hon. Gentleman, a fellow black country MP, for giving way. Does he share the experience that I have had in my constituency, where these poor animals have been found dead, still tethered to the rope that chained them?

[Mr McFadden]

The hon. Gentleman is right that sometimes the horses die, particularly in winter when they are not fed during harsh weather. The problem is difficult to tackle on two different levels because of what I call the ownership issue. By ownership, I mean that it is difficult to establish who owns the horse. Even if you can establish that, it is difficult to get that person to accept responsibility for the horse’s welfare. In theory, under the law, horses should be microchipped and have passports that enable them to be identified, but the Minister will be aware that the law is routinely breached and ignored. I have been told by the animal welfare officer at Wolverhampton city council that, in her estimate, the vast majority of abandoned horses in my constituency have no microchip. The system is therefore simply not operating.

The first ownership problem is that it is difficult for the authorities to know to whom the horses belong. The other problem is that they are moved around at short notice, leaving a place and returning to it, which makes it difficult to track them. Another aspect of the ownership problem is that it is not clear who, in law, is responsible for policing the issue, removing horses and dealing with the problem. The police tend not to get involved unless the horse is on the highway, and practice among local authorities varies greatly. Some try to tackle the problem with energy and resources, but some do very little. The owners are aware of that and can take advantage of the situation by moving the horses around from one piece of open ground to another. Horse owners know that councils’ attitudes differ in that way.

The part of my constituency that is most affected by the problem is close to the boundaries of Wolverhampton, Dudley and Sandwell. It is quite easy for horses to be moved, and that makes enforcement more difficult. Sandwell is next to Wolverhampton, and its council estimates that the cost of a removal—for bureaucracy and transport, as well as legal and animal welfare costs—can be up to £1,500. Some councils have tried to tackle the problem by providing grazing space and charging owners to put horses there. For responsible owners, that may work. However, irresponsible owners currently get a free good by putting horses where they should not; they are unlikely to queue up to pay £10 a week or more for what they currently get for nothing.

Another issue is the resources of local authorities. I am not making a partisan point, but we know that money is tight for councils. Wolverhampton city council has one animal welfare officer, who works part time. She is responsible for pet shops, domestically kept animals, the few farms in the city council area and the huge issue of abandoned or illegally tethered horses. I spoke to her earlier today, and by lunch time she had had three reports from the public of concern about abandoned horses. To expect her, on her own and working part time, to deal effectively with the issue alongside her other responsibilities is clearly absurd, and it will not work.

Even for officers who have enough time, another issue is at play, which we should be honest about: fear. Although the horse owners may not want to declare themselves, those involved in removing horses fear reprisals by them. It cannot be right that those who are empowered to deal with the situation, albeit on an imperfect and incomplete legal basis, should be inhibited from carrying through their powers by fear of reprisals. We would not tolerate that state of affairs in other walks of life, and we should not tolerate it in the one we are debating. The effect of what I have outlined is a problem that has gone on for years without a proper solution and without anyone getting a proper grip on it. It is a significant animal welfare problem that causes the public disturbance and distress. We cannot go on as we are.

What, then, is to be done? The current law is inadequate. There is a right of removal under the Animal Welfare Act 2006, but only if the horses are in poor or severe condition, which is not always the case. Different provisions apply to public and private land, and there are different approaches for the highway or common land. All that needs to be straightened out and simplified. I do not know whether what the Welsh Assembly Government are doing is perfect, but at least animal welfare groups, landowners and the general public have welcomed it. The Minister should endeavour to clarify and simplify the law to make it easier to remove the animals.

The simplification should include introducing easier powers of removal from common land; minimising cost and delay in dealing with some of the issues that the hon. Member for East Hampshire raised; and removing the problem of proving ownership—in fact, why not reverse the burden of proof and ask those who claim ownership of the horse to prove it, rather than charging local authorities with running around trying to find out who owns it? The changes should also include improving animal welfare and giving confidence to the public. The problem is growing, and may grow further because of what has happened in Wales. The fact that solving it has been too difficult so far should not prevent us from putting our heads together and trying to come up with a better system.

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[Julian Sturdy (York Outer) (Con)]

It is a pleasure to serve under your chairmanship this afternoon, Mr Hollobone. I congratulate my hon. Friend the Member for East Hampshire (Damian Hinds) on securing this important debate.

My hon. Friend may remember that I secured a similar debate back in July last year, on the connected issue of illegally tethered horses and the steps we need to take to clamp down on that problem. I said then that the problems that my constituents face on the edge of York with fly-grazing and illegally tethered horses are not restricted to York or the Yorkshire region. The problem is found throughout the country, predominantly —although not exclusively—in rural areas. I hope that the number of Members attending this debate has sent a clear message to the Minister about how important the issue is to constituencies around the country.

It must be remembered that fly-grazing not only blights the lives of the horses that are subjected to it, but impacts on farmers who grow crops that are destroyed and puts road users in jeopardy when animals stray on to the highway. I have had various meetings with the Royal Society for the Prevention of Cruelty to Animals, the local National Farmers Union and constituents about the issue of fly-grazing, and the message is clear: no one group can solve the problem alone. It is essential that we all work together on this growing crisis. The only way we can do that is with the support of the public, the Government agencies, the police and local authorities. If we all work together, we can stop the abuse once and for all.

At the core of the issue is a simple but profound point of principle that I believe in: no one should be above the law. Nor should people’s lives be negatively affected by those who have little regard for such laws. This is a horse crisis. That is exactly how the charities concerned regard the issue, in the excellent report “Left on the Verge”. The RSPCA, Redwings horse sanctuary, the Blue Cross, World Horse Welfare, HorseWorld and the British Horse Society have all reported an increase in the number of cases of neglect and abandonment that have been brought to their attention.

[Chris Kelly]

Local newspapers are also reporting huge numbers of cases of tragic horse deaths. In my constituency, the Express & Star, the Stourbridge News and the Dudley News are regularly filled with stories about horrific cases of horse death and neglect. Has my hon. Friend had a similar experience?

[Julian Sturdy]

I agree entirely with my hon. Friend. Those sorts of issues have been reported regularly in local media in my area. Also, there have been reports of issues on the highway, with cases of horses that were illegally tethered or were being fly-grazed on the highway escaping on to it and causing serious road accidents. We have to remember that this issue has a wider impact than just illegal fly-grazing.

My understanding is that ever since the horsemeat scandal, which devastated our confidence in the EU’s food safety process, the price of horsemeat has plummeted. Notwithstanding that collapse, irresponsible dealers have continued to buy, breed and import horses as the market has become saturated. As has already been mentioned, a horse can now be purchased for as little as £5, although it can often cost in excess of £100 a week to look after it properly. Irresponsible dealers are importing horses from France and Ireland under the tripartite agreement that allows for the free movement of horses without health checks.

As the market for horsemeat in mainland Europe is depressed, dealers are left with a surplus of horses, much of which, sadly, can been seen along the roadside and in other people’s fields, or even in people’s gardens. One particular case from my postbag, which I would like to touch on briefly, highlights the vast amount of damage that fly-grazing can do and the way it affects farmers. My constituent, Mr David Shaw, farms land in Osbaldwick that is located in close proximity to the local Traveller site. Mr Shaw’s land has been regularly overtaken by horses belonging to the Traveller community, which has caused a great deal of damage to his fences and crops, and to the land itself. Just recently, in October, Mr Shaw found approximately 14 horses in his fields. He turned them out, repaired the fences and spoke to the Traveller who owned them, requesting that he keep them off his land, but l5 minutes later the horses were back in his maize field again.