Animal Welfare (Service Animals) Bill (First sitting)

David Rutley Excerpts

Wednesday 16th January 2019 Public Bill Committees

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

It is an honour to serve under your chairmanship, Ms Buck, to meet Finn and Dave Wardell before the sitting, and to have the active support of the policing Minister—quite the occasion and a real honour. I pay tribute to my friend of many years’ standing, my right hon. and learned Friend the Member for North East Hertfordshire. He was an outstanding Minister, and it is fantastic to see him turning his attention to Bills such as this. This important Bill will champion the cause of our much loved service animals and it recognises the strong feeling on the subject in the country and the public support for a fantastic campaign. Congratulations to all involved. After yesterday’s events in Parliament, it is great to see how on important issues we can come together—

[David Hanson]

We did yesterday.

[David Rutley]

The right hon. Gentleman suggests cheekily that we did yesterday. I am not so sure I agree with that, but today we will stick with animal welfare where we have broad agreement.

My right hon. and learned Friend the Member for North East Hertfordshire has brought together an impressive cast. We have former policing Ministers present, my right hon. Friend the Member for Hemel Hempstead and the right hon. Member for Delyn, and two former animal welfare Ministers, the right hon. Member for Knowsley and the hon. Member for Poplar and Limehouse.

[Sir Oliver Heald]

And a former Cabinet Minister.

[David Rutley]

Yes, the right hon. Member for Exeter.

[Mr Ben Bradshaw (Exeter) (Lab)]

The architect of the Animal Welfare Act that the Bill is amending.

[David Rutley]

I pay sincere tribute to the right hon. Gentleman for all his hard work—I hope he is pleased that we will not only back the important Finn’s law but take further strides towards making the legislation more impactful—and congratulate everyone involved.

Finn’s name is rightly associated with the Bill; it exemplifies the bravery of service dogs. The Government recognise that service animals do a fantastic job, an invaluable service that might take them into extremely dangerous situations. The best protection for them needs to be made clear in law, which is why we support Finn’s law and the campaign today.

As we have heard, in 2016 Finn was stabbed by an assailant when he assisted his handler, PC Dave Wardell, in the apprehension of a suspected offender. Finn received serious injuries but survived and even returned to duty before later retiring. He received all sorts of plaudits for his amazing and courageous work. In August 2018 the Secretary of State had the pleasure of meeting Finn and PC Wardell on a visit to Marsham Street. All the officials there were in awe and I have been told stories about how impressed they were to meet Finn. We can all agree with what the Secretary of State said at the time:

“Every day service animals dedicate their lives to keeping us safe, and they deserve strong protections in law. We will continue working with Sir Oliver Heald MP and the Finn’s Law campaign to achieve this.”

That is exactly what we do today.

When the Bill becomes law, animals such as Finn will have more protection from callous individuals, because it amends the Animal Welfare Act 2006—the architect of which is in the Committee—to make it clear that the ability for someone to claim that they were acting in self-defence when they attack a service animal should be disregarded in such circumstances. No longer will someone be able to inflict pain and suffering on much loved and heroic service animals, such as police dogs like Finn, police horses or animals supporting the prison service, and to say that they were simply protecting themselves.

In supporting the Bill, we agree with my right hon. and learned Friend the Member for North East Hertfordshire that prosecuting attacks on police and other support animals, which cause unnecessary suffering, under section 4 of the Animal Welfare Act 2006, could be made more difficult by the court having to consider whether the defendant acted in fear of harm. Relevant here is the list of considerations in section 4(3) for the court to consider whether the suffering was caused for a legitimate purpose, such as to protect a person, property or another animal. In other words, the perpetrator of the attack on a service animal could use the provision to claim they were acting to protect themselves. As noted, the Bill amends section 4 of the 2006 Act so that this consideration will be disregarded with respect to incidents involving unnecessary suffering inflicted on a service animal that is supporting an officer in the course of their duties. That will make it easier to successfully prosecute people who cause animal cruelty by attacking a service animal.

We are taking further steps to protect our heroic service animals, and indeed all animals under our care, by increasing the maximum penalty for animal cruelty from six months’ imprisonment to five years’ imprisonment. Specifically, we will amend the maximum penalties set out in section 32(1) of the 2006 Act. That will include cruelty caused by attacks on service animals, which is the second part of the Finn’s law campaign. We said we will do it and we are doing it. We will bring forward the necessary legislative vehicle as soon as possible.

[John Spellar]

Given the delay in reaching this stage of the process, could the Minister and his Department get in touch with the Government business managers to expedite the Bill’s further passage through Parliament to become legislation?

[David Rutley]

We are doing everything we can to facilitate that pace—we are looking at various vehicles. On the question asked by the right hon. Member for Delyn about the situation in Wales, a legislative consent motion will be brought forward. We will do everything we can to work with the Welsh Government to facilitate that.

We are increasing the maximum penalties for good reason: as a deterrent to those who would choose to inflict the most abhorrent cruelty on animals, and to help to address comments from sentencing judges who have said that they would have handed down tougher sentences in the worst cases of cruelty, had a higher penalty than six months’ imprisonment been available.

In summary, a two-step approach has been taken, in large part in response to the Finn’s law campaign. First, this Bill has been introduced by my right hon. and learned Friend the Member for North East Hertfordshire, which removes the consideration in section 4 of the 2006 Act that the person was acting in self-defence in attacking a service animal. Secondly, the Government will bring forward tougher sentences for animal cruelty in separate primary legislation as soon as possible.

[Sir Mike Penning (Hemel Hempstead) (Con)]

We have talked about what has happened in the Scottish Parliament. Of course, the Northern Ireland Assembly is not sitting, has not sat and is not likely to. What communications have there been with the Northern Ireland Office so that this great Union of ours has this law in Northern Ireland, whether or not the Assembly sits? As a former Northern Ireland Minister, I know the NIO has the powers for this. Perhaps the Minister will indicate when this law will come to Northern Ireland.

[David Rutley]

That is a fair question. The challenge in Northern Ireland, because the Assembly is suspended, is relative priority to other pieces of legislation we need to move through. My right hon. Friend makes an important point, and there is ongoing discussion with Northern Ireland officials.

[Sir Mike Penning]

It should not be forgotten.

[David Rutley]

I confirm that it certainly has not been forgotten, we just need to find a way forward in a very difficult situation.

I conclude by saying that I hope that Committee members are aware that, building on the tradition of previous Governments, this Government are taking forward a huge amount of important animal welfare legislation. It is at the top of our agenda. We are increasing sentences for animal cruelty, which we have talked about. We have brought in mandatory CCTV in slaughterhouses, a ban on the use of electronic shock collars on pets and, just before Christmas, we announced a ban on third-party sales of puppies and kittens. Those are very important pieces of legislation that have huge support across the House, which we are grateful for.

We are very clear that attacks on service animals such as brave Finn will not be tolerated. That is why we support the Bill and the additional protection it provides for our service animals. We will do all we can to support its swift passage without amendment through the Commons and the Lords as soon as possible. We also support the appropriate work in Scotland, Wales and Northern Ireland. I am very grateful for the cross-party support for the Bill, and the Government will ensure that we do the same.

[Sir Oliver Heald]

I thank everyone who has contributed to this short but constructive debate. Rather than making the usual point of order, may I also thank you, Madam Chairman, the officials from the Department, the Hansard writers, the attendants who have kept us safe, and everybody in the House who has facilitated the process, including the Clerk to the Committee, for being so helpful?

There were no other particular points for me to make. I looked into whether the Bill could apply to Northern Ireland, but apparently the legislation—the Welfare of Animals Act (Northern Ireland) 2011—is slightly different from that of England and Wales. That would make it difficult to apply and, possibly, make the Bill impossible to pass, so I did not pursue it, but I actively support the campaign in Northern Ireland. Thank you.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Bill to be reported, without amendment.