Pet Abduction Bill

Edward Leigh Excerpts

2nd reading
Friday 19th January 2024 Commons Chamber

[Anna Firth]

It is unbelievable, isn’t it? Incredibly, two of the cats later reappeared in Leigh-on-Sea.

[Sir Edward Leigh (Gainsborough) (Con)]

I support the Bill, especially in memory of my dear friend David Amess. I am a dog owner, but one thing that slightly worries me is that cats are prone to wander, which is why we love them. Kindly old ladies sometimes see a wandering cat, pick them up and take them home, feeling that they are looking after them. Can my hon. Friend assure me that innocent ladies who pick up cats will not be enmeshed in this law?

[Anna Firth]

I thank my right hon. Friend for making an important point. The two offences are slightly different. The offence of dog abduction will be the taking and detaining of a dog, whereas only the taking, and not the detaining, of a cat will be criminalised, because cats roam. The behaviour of the two animals is different. There is also a defence of reasonable excuse. We do not seek to criminalise the good behaviour and good intentions of old ladies and many other people.

--- Later in debate ---

[Anna Firth]

My hon. Friend raises a very important and interesting point, which we could discuss because there are already obligations on the statute book, as he knows. I will come on to deal with some of the points he has raised.

I want to turn next to the purposes of the Bill. The golden thread running through this Bill is that dogs and cats are sentient beings. They are not mere property; animals and humans can and do form emotional bonds and there is a devastating impact when animal abduction takes place, both on people and on pets. That needs to be properly reflected in our criminal law.

Hon. Members will know that the theft of a cat or dog is already a crime under the Theft Act 1968 and the Theft Act (Northern Ireland) 1969, but under those Acts the sentience and intrinsic value of animals is not recognised. So currently, in sentencing, a stolen rescue labrador is treated as no different from a stolen power tool, mobile phone, or computer—indeed, the theft of a labrador is probably treated as lesser since computers and smartphones are often of high value and considerations of financial value run through the Theft Act.

Pets are of course not mere property; we have heard many examples of that already in this debate. This Bill will create two specific offences of cat abduction and dog abduction in England and Northern Ireland. So if a pet is abducted, that will not be treated in the same way as the theft of a watch or a mobile phone or a power tool, all of which can easily be replaced. They might be worth a lot of money and replacing them might be inconvenient, but the item itself is not affected by the crime, whereas a pet is. The Bill recognises that pets are family, not property, and the trauma suffered by both the owner and the pet when the pet is abducted is very significant, and it is the intention of the Bill to allow the courts to consider this impact on both the owner and the welfare of the animal when deciding on the penalty.

The second issue the Bill addresses is that pet theft and abduction do not currently have a unique identifier in crime datasets. That is why it is so difficult to identify the number of pets stolen every year: it is impossible to distinguish in many police records between the theft of an inanimate object and the theft of an animal. Of course, some dogs and cats will be taken as part of a burglary or a robbery, so the fact that an animal has been involved will not be mentioned at all in police records.

In preparing for this Second Reading debate I issued freedom of information requests to all 45 territorial police forces in the UK asking for the number of pets stolen each year since 2019. The responses I received perfectly articulate the problem we face. As of this morning I had received responses from 30 of the police forces, but 12 of those 30 told me that they are unable to provide the information requested as their records do not distinguish theft of pets from general theft of objects. That means that I have only been able to compile for myself information on the covered areas, making up around 29% of the population of the UK. By introducing this unique identifier, we will help the recording of the crime and see the true extent of it.

The offences themselves will cover the taking of a cat or a dog, but also the detaining of a dog. Cats and dogs are the most commonly kept pets in our country. It is now estimated that over a quarter of all adults own one or both of those pets, so dogs and cats seemed the appropriate place to start, but the species are different, and are treated differently in the Bill. The detaining offence, which we have already talked about, does not apply to cats, as they generally have more freedom to roam without their owners. The Bill is not intended to punish incidents where there has been no malice or ill intent in looking after a cat that has voluntarily come to another person’s home. Many of us will have read the children’s book “Six Dinner Sid”, in which Sid the cat has his dinner at six different houses on the same street.

[Sir Edward Leigh]

This is a really important point. I am thinking of my wife’s grandmother, who in our family was known as Granny Meow, because she had 14 cats. None of those cats had arrived in her home—she had gone out and picked them up, because she thought they were strays. She was a completely innocent old lady; there was no question of her stealing anything. I just want to be absolutely sure that Policeman Plod cannot knock on her door and take her to court, or could not have knocked on her door—she is long since dead, of course. I want to be absolutely assured of that, because it is important that people have that reassurance.

[Anna Firth]

I can absolutely assure my right hon. Friend that it is specifically stated in the Bill that it is a defence that a person is picking up stray animals, or is involving themselves with someone else’s animal for good, honourable and noble reasons.

--- Later in debate ---

[Sir Robert Buckland (South Swindon) (Con)]

It is a pleasure to follow the hon. Member for West Ham (Ms Brown), who spoke with passion about her devoted pet. Her story will be repeated millions of times across our country, bearing in mind our reputation—I think, in the main, our justly held reputation—as a nation of animal lovers. I will come on to some of the exceptions that we all know about in a moment.

If it is true that pets take on the characteristics of the people who look after them, then in the case of the cat who lives in my house—I put it that way rather than saying “my cat”—I would say that her propensity to be demanding and voluble may well bear some similarities to me. I leave it for the House to draw its own conclusions. Our cat is, of course, a Cats Protection cat. She is the second cat we have had in our family, both from Cats Protection, and I pay tribute to that wonderful organisation. We need never buy a cat in this country: there are tens of thousands of deserving cats who need a home, and charities such as Cats Protection provide a wonderful source of cats that need love and a home.

Our cat is named after Mrs Landingham—devotees of “The West Wing” will know that she was a great character, the President’s secretary in the first two seasons of that wonderful drama—and she has been with us now for several years. As I say, the relationship between cats and their families can be a complex one, and ours is no exception, but she is well loved, particularly by my daughter, who really enjoys her company. That is another story to add to the millions of others for whom the prospect of losing their pet would be one of real trauma—and we know the cases of trauma that exist.

Back in 2021, when I was in office as Justice Secretary, together with my right hon. Friend the Member for Witham (Priti Patel), who was then the Home Secretary, and my right hon. Friend the Member for Camborne and Redruth (George Eustice), who was then the Secretary of State for Environment, Food and Rural Affairs, we set up the pet theft taskforce. The taskforce consisted of not just officials from our three respective Departments but two police and crime commissioners—Katy Bourne, the Sussex PCC, and Chris Nelson, the Gloucestershire PCC—along with police leads and representatives of the Crown Prosecution Service and animal welfare groups.

We took evidence from a wealth of organisations such as the Royal Society for the Prevention of Cruelty to Animals, Dogs Trust and the Kennel Club, and indeed the Sentencing Council, bearing in mind the need to consider the interrelationship between any sentencing regime and sentencing for existing offences. It had been put very strongly at the time that we had the law of theft to cover the taking of animals and pets, and quite rightly, many lawyers said, “Well, what on earth are we doing? We don’t need another law and another layer of complexity for prosecutors and police to consider.”

However, it became abundantly clear that the treatment of animals as chattels, goods or property just does not meet the way in which society regards our pets. They are sentient beings—sentient creatures. They are much more than mere property, and therefore the definitions in the Theft Act start to become strained to breaking point. More than that, the Theft Act requires a test of dishonesty, defining theft as the dishonest appropriation of property belonging to another with the intention of permanently depriving that person of it. Those elements all have to be proved in order to prove theft. It is not just dishonesty, but an intention to permanently deprive. Herein comes the obvious line that many perpetrators would deploy, which is, “I was not intending to take this animal. I was taking it in for its welfare, and I was not going to permanently keep it.”

You can already see, Mr Deputy Speaker, some of the evidential challenges that might present themselves in proving the offence of theft, which is why the analogy with abduction seemed to me to be much more sensible. The law of child abduction has been part of our law for many decades and was last revised in the Child Abduction Act 1984. Those of us who are criminal practitioners—I see my hon. Friend the Member for Bury North (James Daly) in the Chamber—will be familiar with it. No doubt he has done cases involving child abduction, and I certainly have. It is nothing to do with dishonesty, and nothing to do with the dishonest state of mind of a person. It is all about the taking of a child from a family situation, sometimes out of the country. The consent of the child, when the child is under a certain age, is immaterial.

[Sir Edward Leigh]

I am getting a bit confused now. The whole point about the Theft Act is that intent has to be proved—mens rea. What happens when somebody takes a cat or a dog—this is precisely the point that my right hon. and learned Friend was making—and says, “I thought he was a stray so I was doing it for his welfare”? We are not going to have a great court case about the state of mind of that person, are we?