Horse Tethering

David Rutley Excerpts

Wednesday 20th February 2019 Commons Chamber

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

I congratulate my hon. Friend the Member for Thornbury and Yate (Luke Hall) on securing this debate, and I pay tribute to his campaigning activity in this House, on this issue and on many others, and to the hard work he does in the House.

I am grateful for the opportunity to debate the issues relating to horse tethering. I know it is an issue of concern to many, not only because of the important welfare issues involved, but because of the visibility of tethered horses in our countryside and by our roads and the many challenges that can arise if tethering is not undertaken properly and in line with established guidance and good practice.

As the Minister with responsibility for animal welfare, I am clear that we have to uphold, and continue to drive up, our already high standards of welfare in this country, including in relation to the tethering of animals, and I applaud my hon. Friend for securing this debate and highlighting the issues that can arise. As he has so clearly set out, some people are not tethering their horses appropriately and are causing these poor animals distress and suffering. I was horrified to hear of the cases he set out of the suffering that poor tethering practice can cause our much loved horses and other equines. The practices in the examples he gave must be stamped out so that these noble animals can live without the threat of cruelty or a life of misery. I applaud the work that HorseWorld is doing to look after these horses, and I welcome the aims of its effective Break the Chain campaign which focuses on ending all inappropriate and long-term tethering of horses, and in particular on seeing a ban on the tethering of equines for longer than 24 hours.

As my hon. Friend clearly pointed out, it is an offence under section 9 of the Animal Welfare Act 2006 to fail to provide for an animal’s welfare. As he mentioned, that means that a person who cares for an animal—whether it is a pet, a working animal or a farm animal—must provide for its five welfare needs, as set out in the Act. Those needs are a suitable environment to live in; a healthy diet, including fresh, clean water; the ability to exhibit normal behaviours; appropriate company —for example, some animals need to live in social groups; and protection from pain, suffering, injury and disease. Section 4 of the Act goes even further and makes it an offence to cause a protected animal any unnecessary suffering—commonly known as animal cruelty.

[Bob Stewart]

The Minister mentioned the requirement for horses to live among their own kind. We can vividly understand how difficult it must be for a lone horse. Were a man or woman put in a herd of horses on our own for 24 hours, we would understand how lonely that can be. It is lonely for a horse, too.

[David Rutley]

My hon. Friend makes a good point. The aim of the Government’s work in this policy area is to highlight that tethering should be for the short term. We want these animals to be as socialised as possible.

The 2006 Act is backed up by a number of statutory codes of practice, including the code for the welfare of horses, ponies, donkeys and their hybrids. The code provides owners and keepers with information on how to meet their animals’ welfare needs and includes a specific section on how to tether horses and other animals covered by the code. Although it is not a specific offence to breach a provision of the code, if proceedings are brought against someone, the court will look at whether they complied with the statutory code in deciding whether they have committed an offence. That makes the code a key document in relation to prosecutions for animal welfare offences. We are very grateful for the input and assistance from the British Horse Council and the Horse Trust in particular and for their advice last year on the changes we made to the code, which was updated in April 2018.

I should clarify that tethering is not a banned activity, as there are circumstances in which tethering may avoid a greater risk of harm arising—for example, if a horse strayed into a place of danger. That point was made by World Horse Welfare in the statement issued this week, which said:

“We are concerned that banning tethering could lead to more horses kept indoors where their welfare cannot be monitored, or left to wander freely, endangering both themselves and the general public.”

Tethering is defined under the code as

“securing an animal by an appropriately attached chain, to a centre point or anchorage, causing it to be confined to a desired area.”

Furthermore, the code states that tethering

“is not a suitable method of long-term management of an animal,”

but

“may be useful as an exceptional short-term method of animal management”.

I think that goes a long way towards addressing the first and third changes that my hon. Friend proposed.

Although tethering is not prevented or illegal under the code, the code does include detailed specific advice on tethering and how it should be done properly. It details which animals are not suitable for tethering and provides advice on a suitable and appropriate site—for example, a site should not allow the horse access to a public highway or public footpaths. That helps to address the second change proposed by my hon. Friend. To tether a horse in such a way that it can physically be on a pavement or road is clearly contrary to the code and therefore open to enforcement action.

In addition to the statutory welfare code, other organisations provide advice on tethering. For example, World Horse Welfare has drawn attention to the code of practice produced by the National Equine Welfare Council specifically on tethering. In addition, the British Horse Society has produced a helpful leaflet that is available online and provides advice to anyone with concerns. The Redwings equine welfare charity also has useful advice on tethering, as does the Royal Society for the Prevention of Cruelty to Animals, which has also produced guidance on tethering. Our concern today, though, is not with necessary tethering that is undertaken in the short term, in the right way and in exceptional circumstances, to avoid a greater risk of harm arising; it is with avoidable and unacceptable tethering.

Under the 2006 Act, local authorities have powers to investigate concerns about the welfare of animals and if necessary to seize them—if they are suffering, for example. They can also prosecute if someone is neglecting an animal in their care. In addition, the way the Act is drafted means that anyone can bring forward a prosecution under the Act, and it is on this basis that the RSPCA prosecutes many hundreds of people each year for animal cruelty or neglect. It is important that we all recognise the important work the RSPCA does in this area.

Those convicted of such crimes under the Act can be subject to an unlimited fine or imprisonment for up to six months. I am pleased to say that the Government have announced that they are increasing the maximum custodial penalty for animal cruelty from six months to five years of imprisonment. The hon. Member for Strangford (Jim Shannon) will be very aware that the five-year penalty is already in place in Northern Ireland and we look forward to having it in England, too.

If anyone is concerned about how a horse or other animal has been tethered, they should report the matter either to the relevant local authority or to the RSPCA, which can investigate and if necessary take the matter further. If a horse or other animal is found not to be tethered appropriately, that could lead to a prosecution under the 2006 Act.

My hon. Friend the Member for Thornbury and Yate mentioned the important role of local authorities in this area and the need for them to appoint animal welfare officers. Local authorities have strong powers to enforce welfare controls and often work in partnership with the RSPCA or other welfare charities, or indeed with other local authorities that have expertise in horse management.

Enforcement can be targeted according to local priorities and needs. In some areas, for example, horse abandonment or poor tethering practice might be an issue. In others, it may be non-existent. We encourage all interested parties to work together at local level to use the available powers to address the problem of abandoned or incorrectly tethered horses. Local authorities have powers under the 2006 Act to appoint welfare inspectors, as my hon. Friend pointed out, and I encourage them to do so to meet the needs of residents and equines in their area.

[Bob Stewart]

The Minister refers to reporting to local authorities. A weekend is a long time, and local authorities close down. I should have thought that reporting it to the police might result in more action.

[David Rutley]

Local authorities often have emergency contact numbers, and the RSPCA can give a 24/7—or at least seven day a week—response. I think my hon. Friend’s concerns are addressed.

I am conscious that, in the short time I have left to speak, it is also important to highlight that the Control of Horses Act 2015 is also relevant. It was introduced by my hon. Friend the Member for York Outer (Julian Sturdy) with support from the Government and introduced more flexible options for the management of unlawfully placed or abandoned horses—often known as fly-grazing horses—some of which might be tethered. It has been welcomed by landowners, local authorities, countryside bodies and animal welfare charities.

In summary, the appropriate tethering of horses is an important issue that the Government are taking action to address. We have put a number of protections in the 2006 Act, the code for the welfare of horses and the 2015 Act. The strong arguments made today and the concerns that have been raised mean that I shall call for a meeting with key stakeholders in the months ahead to see what more can be done in sharing and documenting best practice on horse tethering and ensuring that messages on best practice are more actively disseminated to horse owners. I look forward to working with my hon. Friend the Member for Thornbury and Yate on these matters in the months ahead and I am sure that that will help us to deliver animal welfare at a continued high standard now and in the years ahead.

Question put and agreed to.