Pet Abduction Bill

Daniel Zeichner Excerpts

2nd reading
Friday 19th January 2024 Commons Chamber

[Daniel Zeichner (Cambridge) (Lab)]

It is always a pleasure to follow the hon. Member for Mid Norfolk (George Freeman). I congratulate the hon. Member for Southend West (Anna Firth) on her success in the ballot, on introducing this Bill, and also on her very comprehensive introduction to the debate. We have heard excellent speeches on both sides of the House—I thoroughly enjoyed the contributions from my hon. Friends the Members for Walthamstow (Stella Creasy) and for West Ham (Ms Brown), and I listened closely to the right hon. and learned Member for South Swindon (Sir Robert Buckland) and commend him for his expertise and good work on this issue. Of course, I also listened closely to my near neighbour the right hon. and learned Member for North East Hertfordshire (Sir Oliver Heald), who is not in his place at the moment.

I would also like to associate myself with the hon. Member for Southend West’s warm words about her predecessor and our former colleague, the late Sir David Amess. Sir David’s office was close to mine over in 1 Parliament Street, and we often chatted in the lift, sometimes conspiring together to try to expedite or improve legislation relating to animal welfare. He remains very much missed.

Indeed, I rather suspect Sir David would have approved even more if the Animal Welfare (Kept Animals) Bill had been proceeded with. While it is once again a pleasure to be debating the Minister today, she will no doubt be expecting me to berate her for the delays, and I hope I will not disappoint. It was actually the Minister’s former colleague at DEFRA, the right hon. and learned Member for Banbury (Victoria Prentis)—now the Attorney General—who led for the Government on that Bill.We spent many days in Committee. Yes, there were amendments and suggestions, but there was also very strong support from the Opposition for what the Government were trying to do, because we were addressing

“the very real problems of the day: the suffering of caged primates; the worrying by dogs of farm animals; puppy smuggling; cruel mutilation such as ear and tail cropping; and the pain of pet theft. All that and more has been happening every day since. For almost 1,000 days, the Government have allowed those abuses to continue.”—[Official Report, 18 December 2023; Vol. 742, c. 1201.]

If that rant sounds familiar, it is because I said the same when we debated the Animal Welfare (Live Exports) Bill. The same question arises, and I hope that one day a Minister will address it: why was the Animal Welfare (Kept Animals) Bill pulled after all that work, when it had such strong cross-party support? Why did a change in the ministerial team mean that Conservative manifesto promises were dumped time and again? Yes, we understand that bits of the Bill are being brought forward in dribs and drabs, but that is subject to all the uncertainties and vagaries of the private Member’s Bill process, without the expert evidence sessions that helpfully inform our discussions. I do not expect to get an answer, but the question remains and we will keep putting it—not least because of the strength of public feeling on these matters, as evidenced by the range of petitions linked to the Bill.

The Opposition welcome the Pet Abduction Bill. We support it and will try to improve it, but we want it done swiftly. We all know that dog and cat abduction can happen for a range of reasons, which sadly include resale, extortion, breeding and dog fighting. All those are devastating for owners and can involve distress and sometimes cruelty to the animals involved. I am grateful to Battersea Dogs & Cats Home for sharing its thoughts ahead of the debate. Data analysis from Scotland has found that in 32% of instances of dog theft investigated in 2019-20 and 2020-21, the offence was related to domestic issues or ownership disputes regarding the dog. That shows how complex dog and cat abduction is, and how far the crime is tied to deliberately creating distress for the human victim.

Dogs and cats are now sentient beings under the law, and owners view them as part of the family, yet if a pet is stolen, the offence is treated as akin to stealing an inanimate object. Currently, although sentencing can take into account the emotional impact on the human victim, the dog or cat’s financial worth is the biggest factor. That means that the punishment does not come close to fitting the crime or to acting as a deterrent.

The Opposition have been seeking action for years. Some 32 months ago, on 22 June 2021—this was before the Animal Welfare (Kept Animals) Bill—my Labour colleagues tabled amendments to the Police, Crime, Sentencing and Courts Bill to tackle pet theft. I urge interested Members to look up the very good discussion that took place. The Government batted away our efforts, and it took until the penultimate day of the Animal Welfare (Kept Animals) Bill for the Government to table what was, I have to say, a panicky and poorly drafted amendment. That amendment was debated on 18 November 2021; again, I urge interested Members to read the debate. Interestingly, that was after the pet theft taskforce had reported.

At the time, I expressed some surprise that pet theft had been smuggled in “through the back door”, as I put it, but I and others agreed that urgent action was needed. Indeed, the right hon. and learned Member for Banbury said:

“This is being done quickly; I am not apologising for that because I think the situation is one that we need to resolve quickly.”––[Official Report, Animal Welfare (Kept Animals) Public Bill Committee, 18 November 2021; c. 172.]

I agree, but that was over two years ago. Actually, I find myself agreeing with the right hon. and learned Lady rather frequently these days. At the time, she was rather unkindly derided by Quentin Letts in a distinctly catty but quite funny column in The Times for being the Minister for cats. Frankly, in her current role she must often feel like she is herding cats. However, she was right that it was urgent then. It remains urgent now.

I argued at the time that the Government’s formulations “connected persons” and “animals capable of forming bonds” were problematic, and I suspect the Minister rather agreed. I am pleased that the present Bill uses a different form of words, as has been discussed, but I am not sure that the new formulation is without problems of its own. As has been explored today, the question of ownership within households is hard to define. I suspect we will wish to explore that further in Committee. For example, if Larry the Downing Street cat were to go AWOL—I am sure that that would not happen under the current occupant, but I am not sure about some of his predecessors—I wonder quite how the current wording would work.

I also have to wonder quite how the legislation will work when a much-loved cat is taken by an out-of-control pack of foxhounds, a situation that sadly still occurs. Again, that is something to be explored further. Although I welcome the protection of cats in the Bill and the regulations allowing the powers to extend the regulations to protect other species commonly kept as pets, there is an irony here, is there not, because the Government appear to be creating a probably unintended route to protect those who keep primates as pets from the abduction of their animals, yet they are failing to ban the keeping of primates as pets, as promised in a Conservative manifesto in 2019—something that was at least attempted in the Animal Welfare (Kept Animals) Bill.

I finish where I began: Labour strongly supports these measures to tackle pet theft and pet abduction. We will support the Bill, but we want it strengthened, and we want it done speedily.

Pet Abduction Bill

Daniel Zeichner Excerpts

Report stage
Friday 19th April 2024 Commons Chamber

[Dr Cameron]

I rise to support the Bill of my hon. Friend the Member for Southend West (Anna Firth) and the amendments in her name, and to thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for all the effort, thought and consideration he has put into the work he has done. As I mentioned, I lost my kitten when I was aged four, when microchipping was not a thing—it is one of my most prominent childhood memories. It still stays with me, but if microchipping had been possible then, we might have found that kitten and come back together as a family. It was such an issue for a young girl—losing my very first pet—so I thank my hon. Friend for all of his consideration. Microchipping is extremely important, as he says, and I am very glad that the Government will bring forward legislation in the near future.

I wish to speak briefly about a role that I had over the past few years until recently—that of chair of the all-party parliamentary dog advisory welfare group. I praise and thank my hon. Friend the Member for Southend West for taking this Bill through Parliament. During my time as chair of that group, we were able to bring Lucy’s law into legislation, and it made such a huge difference to animal lovers right across the United Kingdom. I have chaired a number of all-party parliamentary groups, and that is one of the most popular that I ever chaired: during the pandemic, up to 500 members attended the meetings online, and well over 100 people would attend every single meeting in Parliament itself. We must recognise that the UK is most definitely a country of dog lovers.

I also pay tribute to the local animal welfare sanctuary in Bothwell, just next to my constituency, which I visit very regularly. It covers the whole of South Lanarkshire, including my constituency, and I thank it for its work.

When I chaired the dog advisory welfare APPG, pet theft was a huge issue not only because, as my hon. Friend the Member for Southend West said, some of the dogs stolen were extremely highly pedigreed and valuable, but because the fate of some of the dogs was heinous. Often, people were taking the dogs as bait for dog-fighting purposes. The horrendous stories that we heard in that APPG underscore how vital it is that this legislation moves forward. It is an excellent step forward, and I think it sends a message to those who would try to abduct pets, particularly dogs and cats, that it is not acceptable. We wish to underscore that, and this Government have a mandate to do so.

Before closing, I wish to give my condolences to Mr Speaker for his loss. I did not have the privilege of personally knowing his father, but from my understanding, he has been a great servant to politics across both Houses. I wanted to pass on my condolences today, Madam Deputy Speaker.

[Daniel Zeichner (Cambridge) (Lab)]

Let me begin by saying that Labour strongly supports the measures to tackle pet theft and abduction, and I thank the hon. Member for Southend West (Anna Firth) again for introducing the Bill. Let me also echo the comments about Doug Hoyle, and the condolences to Mr Speaker.

Much of the discussion in Committee was about timing—a subject that has come up again this morning—but I will start by addressing amendments that have already been discussed, particularly amendment 10, which would effectively remove cats from the scope of the Bill. The hon. Member for Christchurch (Sir Christopher Chope) seems to play an important role in this place on Fridays. Along with some of my colleagues, I have felt frustrated on occasion by the degree of challenge that he presents, but I think it important for legislation to be properly challenged, so I thank him for the points that he has raised this morning, especially in relation to the amendments relating to dogs, which open up a range of wider issues.

I will not go through the amendments in detail one by one, because the hon. Member for Southend West dealt very effectively with many of those points and I found myself in agreement with her on all of them, but there are bigger issues involved in the way in which we register and track dogs. All this is complicated, and I know from talking to vets in my shadow ministerial role that they worry about being dragged into ownership disputes as a consequence. I think it is part of a wider discussion, and I am certainly not opposed to our having that discussion, but I agree with the hon. Lady that there is a danger of our being drawn into delays and also into diminishing the scope of the Bill, which I think would be disappointing. Labour will therefore not support the amendments tabled by the hon. Member for Christchurch.

Amendment 10, which relates to cats, strikes me as something much more fundamental, and we oppose it strongly. As my colleagues and I have argued throughout the long saga of this Bill and its predecessor, cat theft is a real issue. I note the discussion about numbers, but I suspect that there is a degree of under-reporting—the offence does not currently exist, so why would anyone report it?

Those who advocate for cats are, unsurprisingly, appalled by the prospect of the Bill’s being savaged in this way. Cats Protection tells me that

“with 11 million owned cats in the UK, we know how much cats mean to families and how devastating their theft is—both to the humans who love them and the cats themselves.”

It says:

“In just a few weeks of running some supporter actions, we had over 40,000 cat lovers get involved in campaigning for cats to be included in any pet theft legislation including over 10,000 letters to MPs. It is imperative that cats are included in the Bill.”

I am sure the hon. Member for Christchurch will say that a campaigning organisation making the case effectively does not necessarily lead to good law, but I think the point we can take from what it has said is that there is considerable public interest in the issue, and an expectation that action will be taken.

As for the microchipping issues that have been raised, I genuinely believe that they can be resolved. After all, we do not look at other theft offences and say that we will not tackle them because what was stolen could not be microchipped.

There was a particular irony in the discussion in Committee about timing and whether the Bill could be implemented within three months. I think Conservative Members know exactly what I am going to say: this could have been done fully two years ago. We need not have been here today. This is yet another private Member’s Bill that has appeared as a result of the Government’s abandonment of the Animal Welfare (Kept Animals) Bill. It seems to me that the real question about this Pet Abduction Bill is, “Who abducted the kept animals Bill, and for what purpose?” I have asked that question repeatedly but have never been given an answer, and I am certain that I will not be given one today. It is just another of those DEFRA mysteries—like the mystery of how the Secretary of State comes to override the advice of his permanent secretary, but that is one for another day.

The Government’s decision to ditch that major piece of animal welfare legislation has caused enormous disappointment to the animal welfare charities that had worked so hard on it for years, to pet owners and to members of the public, all of whom care deeply about protecting animals against cruelty. Most importantly, of course, it has allowed the mistreatment of animals to continue. We will never know how many animals might not have been abducted had this legislation been passed earlier—I am not the only person to have said that.

The same point was made powerfully earlier this month in a report by the Environment, Food and Rural Affairs Committee:

“The Government’s withdrawal of the Animal Welfare (Kept Animals) Bill stalled progress on key animal welfare issues. These delays have allowed the continuation of poor animal welfare practices. The Department must ensure that every provision from the Animal Welfare (Kept Animals) Bill is brought into force during the current Parliament. We welcome the introduction of Private Members’ bills that will take forward vital animal welfare measures, but note that the Government was relying heavily on Members who were successful in the Private Members’ bill ballot being willing to take on its handout bills to deliver its manifesto promises, rather than committing to bringing forward the legislation itself. While on this occasion it may prove successful, it was nonetheless a risky strategy.”

That is why we are here today, discussing this issue with a piece of legislation that, frankly, is at risk because of the process we are going through. There is no guarantee, given political uncertainty and the febrile nature of politics at the moment, that there will be time for the Bill to reach the statute book. The Environment, Food and Rural Affairs Committee is right to make those observations, and it is deeply regrettable that, contrary to what the Government promised in their May 2021 action plan for animals, they have failed to take leadership in cracking down on the rising rates of pet abduction.

Labour will not be supporting the amendments tabled by the hon. Member for Christchurch, but I hope that the Bill can proceed intact to Third Reading and beyond.

--- Later in debate ---

[Daniel Zeichner]

Let me reiterate how strongly we in Labour support these measures. I again thank the hon. Member for Southend West (Anna Firth) for bringing the Bill forward. I also echo her comments, and those of others, about Sir David Amess. I think he absolutely would have been thrilled to see this legislation going forward today. I would also echo the hon. Lady’s comments about the many animal welfare charities that work so hard on this and provide such excellent briefings. Again, I think they too will be very pleased to see the legislation going forward.

As has been said, we are a nation of animal lovers. Pets are very much a cherished part of our families. We know that companion animals are sentient beings who can experience pain, fear and distress, just as we can, and we can all imagine—some Members have spoken passionately about it today—the heartbreak that is experienced by any pet owner when their beloved animal is abducted.

Yet—we talked about the numbers earlier—the Kennel Club estimated that there were 2,355 cases of dog theft in 2020, amounting to approximately 196 dogs stolen every month. As we have heard, cats are also increasingly victims of this crime, with a report by Pet Theft Awareness finding that, in 2021, police recorded a 40% increase, and a quadrupling since 2015.

As we have heard throughout this process, the law, as it currently stands, is ill-equipped to deal with the problem. Under the Theft Act 1968, pets are wrongly treated as inanimate objects. Their value is diminished to that of physical property, like a TV or a toaster, and that cannot be allowed to continue. That is why the pet theft taskforce recommended in 2021 that a new offence of pet abduction be created—a new kind of offence that would put the emphasis on the welfare of the animal abducted and pay due regard to their status as sentient beings.

That is what the Bill does, with those two new criminal offences of dog abduction and cat abduction attracting up to five years imprisonment, a fine, or both, to deter those who are looking to exploit animals for financial gain by stealing them from their owners and selling them, or using them for breeding. Through the creation of those specific offences, pet owners will now have a clear legal framework by which they can ensure that their cases are actively investigated. Creating those specific offences will also require police to collate better data, allowing any patterns emerging to be properly analysed. Collating more accurate data will help to formulate the best prevention strategies .

I am delighted that we have managed to ensure that cats are covered as well as dogs. With compulsory microchipping, it should soon be much easier for anyone attempting to ascertain whether a cat is owned or lost to establish those details. I am also pleased that there is an enabling power, so that the appropriate national authorities may create pet abduction offences in respect of more species of animal where there is significant evidence of incidents involving the unlawful taking or detaining of animals of that species, or a significant increase in the number of such incidents. I note in passing that the amendment is a sensible, simple future-proofing provision, like the amendment we proposed to the Animal Welfare (Livestock Exports) Bill, which went through this House earlier this year, but which the Government chose to reject.

Although we welcome the Bill, the Government have fallen far short of the lofty claims on animal welfare that they trumpeted at the last election. There has been none of the promised action to stop British farmers being undercut by low-welfare imports—a huge issue for famers, consumers and animal welfare, which the Government have ignored. Indeed, when I challenged the Prime Minister at Prime Minister’s questions this week, he actually cited some of the trade deals as things to be proud of—quite incredible, given the damage we know they will do. There has been no implementation of promised regulations banning electric shock collars for cats and dogs, no sign of the promised consultation on banning snares, and no action on banning hunting trophy imports, which is why last month another private Member’s Bill was before the House, this one promoted by my right hon. Friend the Member for Warley (John Spellar), seeking to do exactly what the Government promised in their 2019 manifesto.

I could go on—you will not want me to, Madam Deputy Speaker—but so many promises made by the Government in their 2019 manifesto and their 2021 action plan for animals have been abandoned for no good reason, but only to avoid more splits in an already divided Conservative party. Labour believes in introducing the strongest possible legal protection for animals that depend entirely on us. I am proud that it was a Labour Government who brought in the landmark Animal Welfare Act 2006—still this nation’s leading piece of animal welfare legislation. I am proud that is was a Labour Government who banned cosmetic testing on animals, ended fur farming and stopped the hunting of wild mammals with dogs. If we are fortunate enough to form the next Government, we will advance that proud legacy by promoting the highest standards of animal welfare, not only for cats and dogs but for all animals. In the meantime, we will continue to support private Members’ Bills, including this one.