Police Dogs and Horses

Debate between David Mackintosh and Christina Rees

Monday 14th November 2016 Westminster Hall

[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.