Police Dogs and Horses

David Mackintosh Excerpts

Monday 14th November 2016 Westminster Hall

[Mr David Crausby (in the Chair)]

Before we begin, I should warn Members that the case mentioned in the petition is currently before the courts. The House of Commons has agreed in its resolution on matters sub judice that cases that are active before the courts should not be referred to in debate. This is to avoid any possibility of what we say prejudicing a fair trial or impeding a successful prosecution. I therefore ask all Members to avoid any reference to that particular case.

[David Mackintosh (Northampton South) (Con)]

I beg to move,

That this House has considered e-petition 168678 relating to the status of police dogs and horses.

Sadly, it is not unusual to read reports in the press of police animals being seriously injured or killed, or having to be put down as a result of injuries sustained during their duties. Understandably, there is much concern among the public about animal welfare generally, but this issue hits at the very heart of compassion for animals and our responsibility to those we put in harm’s way for the benefit of society.

I should make it clear that this petition relates to a specific case that is currently progressing through the legal system. I shall of course follow your guidance, Mr Crausby, and make no direct reference to that case. In a broader sense, the petition asks that police animals be given enhanced legal protection and refers to legislation that was introduced in the United States. That legislation gives animals the status of police officers, but it is unlikely that that would be considered in this country, so I will concentrate on legal recognition for service animals injured while doing their duty to help to keep us safe.

At present, there is no specific offence or penalty relating to causing harm or death to a police animal.

[Paula Sherriff (Dewsbury) (Lab)]

I thank the hon. Gentleman for giving way so early in the debate. Our police animals—dogs and horses—are an integral part of the police service and contribute significantly to keeping us all safe. Does he agree that it is outrageous that if a police dog or horse is assaulted or injured, this is treated merely as criminal damage?

[David Mackintosh]

I am grateful for that intervention and I agree with the hon. Lady. At present, there is no specific offence or penalty relating to causing harm to, or the death of, a police animal. Under current legislation, such offences may be prosecuted under the Animal Welfare Act 2006 or the Criminal Damage Act 1971, which I will come to.

The petition suggests the adoption of legislation along the lines of the US Federal Law Enforcement Animal Protection Act 2000, which was introduced following similar concerns that police animals did not receive adequate protection under the law and were vulnerable to physical harm as a result. Following the Act’s introduction, it is a federal offence in the United States to maliciously harm or conspire to harm a dog or horse being used for law enforcement and carries a penalty of up to 10 years’ imprisonment.

The Government point out in their response to the petition that under existing legislation and sentencing guidelines it is technically possible for someone convicted of such an offence under the Animal Welfare Act 2006 to be imprisoned for up to 10 years.

[Gareth Johnson (Dartford) (Con)]

Can we smash this myth that 10 years’ imprisonment is available in almost any circumstance for assaults on police dogs and horses? For the matter to come before the Crown court with its extended sentencing powers would require the damage involved to exceed £5,000. I suggest there has never been such a case and that 10 years’ imprisonment has never been available for any offender convicted of such an offence.

[David Mackintosh]

I am grateful to my hon. Friend for that intervention. I have done some research into sentencing for this sort of act, which proves and backs up what he said. Alongside the 2006 Act is another option, the Criminal Damage Act 1971, which, sadly, likens any attack on an animal to damage to a police car or riot van, and does not reflect the bravery of the animal. That is wrong.

[Christina Rees (Neath) (Lab/Co-op)]

Animals are sentient beings. They are capable of feelings, emotions and pain. The law currently regards animals as mere property that is capable of being destroyed or damaged under the 1971 Act. Does the hon. Gentleman agree that this law must be changed so that animals are given the protection they deserve?

[David Mackintosh]

I am grateful for that intervention. I do believe the law should be examined and changed or a new law introduced. When looking into the issue in the run-up to this debate, I contacted or was contacted by various organisations, and their views are mixed. Organisations such as the RSPCA believe that the current legislation is adequate, but the Kennel Club feels strongly that such offences should be treated as assault or attempted murder. Clearly, there is a wide range of opinion.

As the petition demonstrates, there is a feeling among the wider public that police animals deserve greater legal protection than they currently enjoy, in recognition of the risks they face in the service of our society. In this respect, the law is definitely at odds with public opinion and that of the police, who care for their animals with exceptional compassion and humanity.

My concern is that although it may be technically possible to secure convictions with up to 10 years’ imprisonment, the failure to prosecute means that has no deterrent effect. There is an argument for enhanced protection for police animals, as we have heard from colleagues here today. I note that the Government’s response states that the maximum penalty for such offences is 10 years, but figures supplied by the House of Commons Library show that in 2015, the average custodial sentence for a prosecution under the Animal Welfare Act 2006 Act was just 3.3 months and the average fine just £244. Custodial sentences applied in just 10% of convictions. What sort of message does that send about how we treat and protect animals acting to uphold the law and who work to keep us safe?

The feeling among police officers is that prosecutions are so unlikely that assaults on animals are often not recorded, so it is hard to understand the scale of the issue. A specific offence of causing malicious harm or death to a police or service animal with clear penalties outside the 2006 Act would be a more effective deterrent and would recognise the unique risks these animals face. There is a sound argument for enhancing the current protection, but without suitable changes to the procedures for seeking and securing a prosecution, this would prove ineffective. A new offence would help to empower the police to seek a prosecution and provide clarity for the Crown Prosecution Service.

Understandably, police officers have extremely close bonds with their animals. They help the police to prevent and to fight crime and to secure convictions. The animals are placed in harm’s way daily and, sadly, often suffer physical harm that sometimes results in death. We must not forget their role in protecting police officers and the public and in preventing injury and loss of life. Police officers have told me that on occasions, if it had not been for the animal and its intervention, they fear they would have been killed.

The care with which the police treat their animals and the affection they receive from the public should be echoed in the protection they receive under the law. We have a clear moral and ethical responsibility for the welfare of these animals, and I support the introduction of the sort of measures suggested in the petition. I am grateful to be able to lead this debate today.

[Christina Rees]

The South Wales Police Federation constables branch board chair, Steve Treharne, wrote to me recently about the safety of police officers, but he also talked about the need to give the same protections to police animals, as an extension of what he called the police family. Does the hon. Gentleman agree that it is time that police animals were given the same status?

[David Mackintosh]

The hon. Lady makes a very clear point and is backed up by a message from her constituent. It lends weight to the argument that we have heard already today: that we should be looking to introduce new protections in legislation for police animals.

[Sir Roger Gale (North Thanet) (Con)]

I think I am right in saying that my hon. Friend does not have the right of reply to this debate, and I would like to hear his comments on this issue. I do not know whether he consulted the British Transport police, but for a brief time I was privileged to hold a warrant as a constable with the BTP, and we regularly worked with police dogs on the London underground on drug interdiction. Drug dealers are not nice people; they are quite prepared to harm anyone and anything to get their way. Is it not time that we recognise that the animal is in effect an extension of the policeman or woman, and give them the protection that they deserve?

--- Later in debate ---

[David Mackintosh]

I am grateful to my hon. Friend for his intervention. I did not speak specifically to the British Transport police, but he makes a very salient point. It is very important that we recognise the vital job that these animals do. If they were not there to help us, the police officers would have a much more difficult job. It is also worth registering the fact that it takes a lot of effort, time and money to train the animals to do their specific jobs. By recognising their status in law, we would also be recognising the contribution they make and how much we as a society have invested in them in the first place, so it is a very credible point, and I am happy to move the motion.

[Mr David Crausby (in the Chair)]

Let me just say that the hon. Gentleman does have the right to reply at the end of the debate, on condition that the Minister gives him time to reply. It has been my experience sometimes that that is not the case.

--- Later in debate ---

[David Mackintosh]

I welcome all the speeches and interventions from the right hon. and hon. Members who took part in this wide-ranging debate, which has covered a number of issues.

I am grateful to the hon. Member for Halifax (Holly Lynch) for her input. She gave some real, specific examples, particularly of brave police dogs, reminding us that they help not only to fight crime but to protect vulnerable people and catch criminals. We also heard from her that the legal threshold is too high, so it is hard to bring about prosecutions. Given her work with the commendable “Protect the Protectors” campaign, she is well qualified to point that out.

My hon. Friend the Member for Eastleigh (Mims Davies) suggested an amendment to the Policing and Crime Bill, which the Minister dealt with in his response and which I will come back to. My hon. Friend the Member for Stevenage (Stephen McPartland) reminded us that the attack on police dog Finn prompted this petition and that we should wish him and his handler, PC Dave Wardell, all the best. We treat these brave dogs and horses like a broken window. We need to do much better than that. My hon. Friend referred to a survey of handlers that indicated that after 92% of incidents, no charge was brought; only 8% of incidents resulted in a charge.

The hon. Member for Halifax suggested that the use of body cameras could help to bring about better prosecutions in the future. I ask the Minister to look at that. My hon. Friend the Member for Stevenage referred to laws in other countries, and I hope the Government will seriously look at those. My hon. Friend the Member for North Thanet (Sir Roger Gale) reminded us that as MPs we all owe a personal debt of gratitude to the police dogs that sweep the Palace of Westminster daily. He also reminded us that police horses should not be forgotten.

The shadow Policing Minister, the hon. Member for West Ham (Lyn Brown), rightly thanked the 120,000 people who signed the petition and she reminded us that the attack on police dog Finn and PC Wardell was not an isolated incident. She asked the Minister to write to the Sentencing Council, to make it aware of the views of the House. I commend that suggestion; we must ensure it happens. She also pointed out that legislation does not adequately recognise the bravery of police animals.

In his response, the Policing Minister told us that he is a dog lover, which I am sure we all welcome. He also discussed the direction of travel and the challenges involved in looking at this issue. He questioned whether sentencing is being used effectively. He said that the guidelines are adequate but we are not sure whether they are being effectively implemented. I am pleased that he recognises why the term “criminal damage” is so inappropriate and why it affects so many people when it is used. I am also pleased to hear that he has written to the Ministry of Justice and to DEFRA to see what extra legislative support we can put in place to help service animals. I welcome that; I will also write to those Departments and to the Minister after the debate, and I hope we will see something about this in the Queen’s Speech next year.

The Minister also said that he had written to the Sentencing Council. The cost of training and investing in service animals amounts to more than the £5,000 threshold required by law. I hope he will ensure that that is pointed out to the Sentencing Council and to the Crown Prosecution Service.

I welcome the Minister’s comment about collecting data. If we improve data collection, we will be better able to identify the issue and have more accurate statistics. I ask that that point is passed on and filtered down to the individual dog handlers, many of whom feel that the threshold is so high that they do not report any attack because they do not feel the report will go anywhere.

I am grateful that the Government have pledged to look at the issue, which I will be following up with the Minister and other members of the Government. I thank all right hon. and hon. Members who spoke in this debate and I thank you, Mr Crausby, for chairing it.

Question put and agreed to.

Resolved,

That this House has considered e-petition 168678 relating to the status of police dogs and horses.