Fly-Grazing of Horses

Debate between Damian Hinds and Neil Parish

Tuesday 26th November 2013 Westminster Hall

[Damian Hinds]

Absolutely. My right hon. Friend brings up one of the most terrible cases. I think that 2008, when the horses were seized in Amersham, was a high point for RSPCA horse seizures, and I pay tribute to the organisation’s work. I should also say that it has been of great assistance to me as I have prepared for this debate.

There are four senses in which the practice of fly-grazing is a terrible problem. First, of course, there is often the terrible condition of the horses themselves, which suffer neglect and malnutrition. Secondly, when a farmer’s field is being grazed on, it is also a problem for the farmers. Grazing, where it is not authorised, is theft; it is theft of a farmer’s livelihood. Quite often, of course, the farmer is left to deal with the problem. Although they are the victim and not the perpetrator of the crime, they assume some responsibility for the horses. Thirdly, fly-grazing is a burden for those who must enforce the law, and for the charities that care for the horses. Currently, those charities find themselves significantly over-burdened as a result. Finally, fly-grazing is a great problem for the public—there are issues of public safety if, for example, horses get on to the public highway.

[Neil Parish (Tiverton and Honiton) (Con)]

I also congratulate my hon. Friend on securing this debate. Does he agree that one of the great problems is the traceability of these ponies and horses? We must ensure that we know where they are. We have 70 or 80 passport-issuing agencies; there is no central database. We need to know where the horses are and who they belong to if we are to take action to stop fly-grazing and the welfare problems.

[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.