Wildlife Crime

Christian Matheson Excerpts

Wednesday 20th March 2019 Westminster Hall

[Christian Matheson (City of Chester) (Lab)]

I beg to move,

That this House has considered wildlife crime.

May I say what a great pleasure it is to serve under your chairmanship, Mr Rosindell? I also thank all those outside the Chamber who have engaged with this debate on social media through the excellent House of Commons digital engagement team. With nearly 4,000 comments, it is clear that there is a real strength of feeling on the issue.

The term “wildlife crime” covers a variety of different offences, but the common thread is simple: cruelty to and the mistreatment of animals and birds. For example, the Royal Society for the Protection of Birds has told me about the plight of hen harriers, which are being hunted to extinction. In 2018 the RSPB satellite-tagged more than 30 hen harriers in the UK, but in just six months half of them had died. Eleven disappeared in suspicious circumstances near shooting moors. It is unclear whether those birds were deliberately targeted by the owners of shooting moors in order to protect the grouse, pheasant or partridge for the shooting season, or whether they were collateral damage during a shoot, but a suspicious sign is that the tags disappear and the scene of the crime is cleaned up. Whoever is shooting the birds knows they have done wrong.

The RSPB identifies weaknesses in the law. Of 68 confirmed kills of birds of prey in 2017, just four prosecutions were brought, with only one conviction. The RSPB is calling for stronger sentences and points to the dramatic decrease in egg collecting offences after sentences were toughened. Such offences went from an average of 167 a year in 2010-15, to just 10 in 2017.

The National Farmers Union has expressed concerns to me about hare coursing, which it tells me is having a severe impact on farm businesses and rural communities, not to mention the hares themselves.

[James Cartlidge (South Suffolk) (Con)]

I am delighted that the hon. Gentleman has secured this debate, and in particular that he has raised the issue of hare coursing. The feedback I am getting is that hare coursing is becoming more violent and aggressive and that higher sums are being wagered. If that is the case, does he agree that the response needs to be toughened up?

[Christian Matheson]

Not only do I agree with the hon. Gentleman, but I suspect—I cannot point to any evidence with me right now—that there is an element of organised crime behind some of that hare coursing. That would be damaging to farmers and rural communities, which perhaps have not been exposed to that level of organised crime in the past.

The NFU highlights the lack of resources for tackling wildlife crime, but crucially it has identified how the law can be toughened by extending criminal behaviour orders across a wider area than just the county in which the offence took place and by amending the Game Act 1831 to give police and magistrates the powers to seize dogs and reclaim associated kennelling costs from offenders.

Nowhere is the need for tougher laws more apparent than in the case of foxhunting. Local monitors have witnessed at least six foxes being killed by hunts in my own county of Cheshire this season. There were at least 10 additional reports of foxes being chased in the county and multiple reports of badger setts being blocked in the vicinity of hunts in Cheshire. Over the Christmas period, I and hon. Friends from the county were contacted by many constituents who shared horrific images and videos of foxes being slaughtered in hunts. It was those images and reports that led my hon. Friends and me to seek this debate in the House.

Laws were introduced for Scotland in 2002, and then for England and Wales in 2005 under the Hunting Act 2004, which was passed by the Labour Government and banned the use of dogs to hunt foxes and wild mammals in England and Wales. Although those were welcome and hard-fought pieces of legislation, over- whelming evidence suggests that they are regularly being ignored or exploited by hunts. The Hunting Act bans the hunting of wild mammals—notably foxes, deer, hares and mink—with dogs in England and Wales. However, the Act does not cover the use of dogs in the process of flushing out a wild animal, nor does it affect trail hunting, where hounds are trained to follow an artificial scent. The Government’s lack of political inclination to enforce or strengthen the laws lies at the heart of the issue.

[Matt Rodda (Reading East) (Lab)]

I am grateful to my hon. Friend for securing this debate and for his comments about the support of the NFU in trying to deal with some of these appalling crimes. Does he agree that part of the challenge faced by many local police services across the country is the effect of austerity? Several hundred officer posts have been cut from Thames Valley police, which covers my area, in the past nine years due to austerity. That has had a serious and damaging effect on a number of aspects of police activity.

[Christian Matheson]

I accept that, and the particular consequence is that issues such as wildlife crime, which often requires specifically trained officers, are the first to fall by the wayside. If my hon. Friend will forgive me, I will refer to that later.

The Prime Minister has openly declared her support for foxhunting, and the Conservative manifesto committed to granting a free vote on the issue, although I welcome the Government confirming that they would not bring forward such a vote during this Session of Parliament. The Hunting Act continues to be abused across the board. There is a sense of a lack of political will from Ministers, which means the issue is constantly swept under the carpet. Responsibility is put on the shoulders of crumbling police forces, which are struggling, as my hon. Friend said. They have had £2.7 billion of real-terms cuts in direct Government funding since 2010.

The League Against Cruel Sports has collated at least 282 reports of suspected illegal hunting activity across the UK since the beginning of the foxhunting season on 1 November 2018, and 42 separate reports of foxes being killed. That indicates the scale of continued illegal hunting, although it is clear, when we take into account unreported cases and hunts that are not monitored, that the figures represent merely the tip of the iceberg.

The Hunting Act clearly needs to be strengthened. The evidence of abuse is clear and the required adjustments are straightforward. Weaknesses within the law, as identified by the RSPB and the NFU, are preventing blatant law-breaking by registered hunts from being effectively tackled. All that is needed is for the Government to have the will to act.

Fundamentally, the Hunting Act has no teeth. The deterrence value of penalties under the Hunting Act is significantly lacking. Only fines are available. Ministry of Justice data shows that the average fine for offences under the Hunting Act over the past 10 years was a measly £267, which is a price many hunters are willing to risk. It is certainly one they can afford. Custodial sentences need to be introduced to bring the law at least into line with penalties for other crimes against wild animals, such as badger baiting.

One of the main weaknesses is that the offence is a summary offence only, and an absolute offence. There is no offence, for example, of attempting to kill a fox with a hunt, and prosecutors would have to prove an intent to kill a fox. A hunt can therefore chase a fox across countryside with unmuzzled dogs following its scent. If the fox is killed unintentionally—whatever that might mean in this context—a conviction becomes difficult to obtain, as if chasing a fox with a pack of dogs does not indicate intent to kill it. Let us face it: the dogs do not know any better.

Even if there is video evidence showing the culprit with the dead fox, as happened in Cheshire, that is not sufficient to gain a prosecution, let alone a conviction. Cheshire police were criticised earlier this year when their press office put out a statement suggesting that we cannot believe everything we see on social media. Those press officers were right, but that does not mean we cannot believe anything we see on social media.

Another excuse is trail hunting, which allows for foxes to be accidentally killed by dogs on hunts. It is especially pernicious when the trail is laid using the urine of captive foxes. Why are the dogs not trained to follow a different scent? A gaping hole in the legislation allows hunts to claim that any chasing and killing were merely coincidental and accidental. For those who do not know, trail hunting involves people on foot or horseback following a scent along a pre-determined route with hounds or beagles. The concept of trail hunting is to effectively replicate a hunt without hurting a fox. It has been described by a judge in one case as a “cynical subterfuge”. In that case, the judge dismissed an appeal by two hunt employees who were part of the Harborough-based Fernie hunt and were convicted of breaching hunting laws. They were found guilty of hunting a live fox and digging into an active badger sett.

There is no system to record wildlife crimes in the UK and identify the size and scale of the activity. A recent Wildlife and Countryside Link report noted that 1,283 wildlife crime incidents were recorded by non-governmental organisations in 2017. Shockingly, only nine individuals and businesses were prosecuted.

Many wildlife crimes are not recordable or notifiable offences. That means that vital information about crimes that have been reported and investigated is not being collected by police forces across England and Wales. Valuable information about trends in crime and intelligence, which would lead to the allocation of resources, is therefore lost. Without proper information, the Government are also under less pressure to actually do something about such crimes.

The practice of stopping up foxholes and badger setts, and using terriers to chase foxes out of their dens, continues. That surely demonstrates intent. Badgers are killed in the process, too. One Cheshire hunt monitor told me of such activities this year:

“On one occasion this hunt season we checked a large badger sett, it was fine and very active. The next day we discovered the hunt was due in the area…we went to check the sett on the hunt day and it had quad bike tracks leading straight to it and to several other setts in the immediate area, all entrances were filled in, we could see spade marks and boot prints. The hunt rode straight up to the badger sett that day and stopped, they were clearly surprised to see us, we then had to unblock 41 sett entrances or the badgers would have suffocated. We went back over subsequent days to monitor activity and we used thermal imaging technology to check the badgers were still alive. This sett is constantly targeted.”

David Keane, the police and crime commissioner for Cheshire, undertook a review of the laws relating to hunting and of his force’s implementation of those laws. He, too, found that

“the current legislation in the way it is drafted presents challenges to investigators and prosecutors”,

and that it causes confusion to the public and others.

Issues have been raised with Mr Keane regarding how legislation could be amended to assist. Following his review, he has made three proposals. The first is that recklessness should be applicable, beyond the current requirement to prove intent—a requirement that is not mirrored in all areas of criminal law. The second is for the introduction of an authorised list of scents, excluding fox or other wild mammal urine, for use in trail hunting. Thirdly, he has spoken of the need for a clearer definition of the role of, or restriction associated with, terrier men: those who follow the hunt around and assist.

In the past week, ahead of the debate, I have received countless emails from concerned citizens, appalled at the continued killing of wild animals for pleasure and the seeming inability of the law to bring people to account. Clearly, the laws on foxhunting are being deliberately flouted, by people who either believe that they are above the law, or are not deterred by the threat of the sanctions available under it. I fail to understand how someone can get pleasure from killing animals, and can conclude only that such people are in some way disturbed.

At the very least, the law on hunting with dogs needs to be changed to include recklessness as an offence. We might look at limits on the number of dogs allowed, and there is support across the House for increasing to five years the penalty for convictions for animal cruelty. That might help to deal with the bagging of foxes and the issue of hounds being given fox cubs for training purposes.

If those solutions are not adopted, however, we might have to consider another: banning hunting with dogs altogether. Hunts have had their chance to demonstrate that they are responsible, but they are failing to take it, possibly deliberately. The police are struggling nationally with manpower, and wildlife crime falls well below other priorities. Police are not always trained in the finer points of the detail of wildlife protection laws. To make it easier, we need to give them the tools to do their job, and that means much tougher laws to protect our wildlife.

[Several hon. Members rose—]

--- Later in debate ---

[Christian Matheson]

I thank all right hon. and hon. Members who have contributed to the debate. The term “wildlife crime” has been given quite a wide exposition. I welcome the contribution of the hon. Member for Henley (John Howell), who gave us the international dimension, and my right hon. Friend the Member for Delyn (David Hanson), who gave us the rural farming dimension. I particularly welcome the contribution of the hon. Member for Southend West (Sir David Amess), from the soon-to-be city of Southend, simply on the basis that he, the right hon. Member for North Thanet (Sir Roger Gale), and indeed you, Mr Rosindell, were pioneers of the cause of animal rights in the Conservative party when—if Government Members will forgive me—it was not always a fashionable cause in that party. Those hon. Members led the way, and I am grateful for that.

I am most grateful to the Minister and the shadow Minister for their expositions. My only concern about much of what the Minister said is that, although we are now out of the foxhunting season this year, when it begins again next year and the foxes continue to be killed in that dreadful way, the calls for further reviews and tightening of the law will continue and grow louder. I thank all hon. Members from across the Chamber for their contributions.

Question put and agreed to.

Resolved,

That this House has considered wildlife crime.