(6 years, 5 months ago)
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My hon. Friend goes to the heart of the problem. Hopefully, all those listening from a parliamentary perspective will join him in urging everybody to push for that outcome.
People do not steal pets to love them. They use them, abuse them and treat them like inanimate objects. There are many heartbreaking stories. Pepsi, a 12-year-old cat from my constituency of Hartlepool, was brutally killed by lampers. Zeena, a Staffordshire bull terrier, was stolen from her family and forced to fight for her life in a dog-fighting ring. She was reunited with her family, carrying the scars of appalling injuries, four years later. Ella, a terrier, was kicked so hard by a dog thief that she died from her injuries. Ivy, a cocker spaniel, was stolen from her home and found dead the next morning. She had been dumped by the side of a road, having suffered serious dog bites and bruising. Bentley, a cocker spaniel, was stolen from his bed in West Yorkshire with five other cocker spaniels. Bentley died, as thieves gouged out his microchip, leading to a brain infection. The other five spaniels remain missing. Kemo joined the whole family when Olly had cancer. With the love and support of Kemo, Olly was able to gain the strength to beat cancer. Kemo was stolen in February 2018 and remains missing. In all those cases, the thieves have not been apprehended.
Pet theft rips the heart out of families and wrecks lives. It also serves as a gateway to wider animal cruelty and extortion. Despite that, pet theft is currently seen as no different from the theft of an inanimate object. The theft of a labrador is treated like the theft of a laptop. Potential pet thieves are fast learning that the chance of ever being caught is tiny. Even if they are caught, the chance of a custodial sentence or a substantial fine is incredibly slim.
If we are to catch the horrendous people who carry out this horrendous act, does my hon. Friend agree that enforcement needs to be at the top of the agenda? The law needs to be reformed, but we need enforcement of the laws, so that people are deterred from doing that sort of thing.
Yes, absolutely, and I will come on to that point. SAMPA believes that pet theft reform can and must become a reality. According to Dogs Trust, under British law, pets are classed as property in theft-sentencing legislation. That means that stealing a pet is viewed in the same way as stealing an inanimate object.
I am grateful for the opportunity to speak. It is a pleasure to see you in the Chair, Mr Sharma, and to serve under you this afternoon.
I start by paying tribute to my hon. Friend the Member for Hartlepool (Mike Hill) for an important speech. I agreed with his speech in full, and I hope that Dr Daniel Allen—the creator of this public petition—and all who love their animals feel the same way.
Millions of people and families from across the country—in Scotland, Wales, England and Northern Ireland—own pets of many kinds. In June 2017, I was elected Member of Parliament for Coatbridge, Chryston and Bellshill. It was an important moment for me and for my family, but I can assure everyone present that it was not the only important matter for us last year. We got a new dog—I was replaced by a dog called Mia, who joined our family. If my wife Anne was asked, I think she would say that Mia coming to us was more important than me coming to this House.
After so many weeks down here in Parliament, it could be said that in the eyes of the Gaffney family, Mia has indeed replaced me in our home back in Scotland. She certainly spends more time in my bed than I do. Like many Members from across the House, I could share many stories of my dog’s cheeky but loving behaviour, and about her determination to take my side of the bed and establish herself as the top dog in our house.
It is easy for me to have fun and laugh with my dog—she has certainly given me a lot of pleasure—but other people experience the heartache of losing their animals or having them stolen. I pay tribute to the Stolen and Missing Pets Alliance for the important work that it does to champion the rights of animal lovers, and indeed the rights of the animals themselves. I echo the words of Beverley Cuddy, the patron of SAMPA, who said:
“Pets are priceless, irreplaceable and their loss wrecks lives”.
Beverley is right and she gives voice to the feelings of so many people. I add my support to ensure that all our voices are heard here today in Parliament.
The fact that only one in five stolen dogs tends to be recovered is a disgrace, and it means that many families and other dog owners will never receive the closure that they need and demand after the loss of a pet. We must do more, and we must do better. There is no doubt that crime is on the rise in this country, whatever we may hear from the Home Office, and not just conventional sorts of crime. Pet theft is also on the rise, and we can see why.
In my constituency of Peterborough, I was made aware in the area of Ravensthorpe of dog snatchers going round to houses and painting the fences red to alert their accomplices to the fact that there was a pet there. Does my hon. Friend agree that pet theft is becoming a type of organised crime and that it needs to be treated as such?
I thank my hon. Friend for that intervention, and I certainly agree with her. That is the problem—pet theft is profitable. Pet theft is easy, particularly when people are in the parks with their animals, or, in this type of weather, when doors and windows are left open and dogs escape, never to be found again. Pet theft is not being taken seriously by our law enforcement agencies, and we need to improve in that regard. Because the Government have yet to demonstrate their determination to tackle pet theft once and for all, we must do more.
A number of my constituents have been in touch with me about this debate and, indeed, signed the petition that we are considering. My commitment to them, to all animal lovers and to their animals is that I will do all I can to make sure that we in Parliament show criminals that we will not let them get away with pet theft. We are after them for our animals.
It really is a pleasure to serve under your chairmanship this afternoon, Mr Sharma.
I pay tribute to the hon. Member for Hartlepool (Mike Hill), as well as to the Petitions Committee, for taking this issue forward. I also pay a heartfelt tribute to Dr Daniel Allen, who started this petition and who is in the Gallery today, and to all those campaigners who have worked so tirelessly to move this issue right up the political agenda, such as the Stolen and Missing Pets Alliance, Pet Theft Awareness, DogLost, Beverley Cuddy, Marc Abraham, Debbie Matthews, Professor John Cooper, QC, and many, many more—in fact, too many to name. It is due to all their outstanding efforts that more than 100,000 people across the United Kingdom, including more than 70 in my constituency, have signed the petition. Having this important debate here today is a real triumph of people power.
When I am asked what the most difficult part of my job as an MP is, I always answer: “Monday mornings”. That is not because I hate having to roll out of bed to catch a 7.15 am flight, but because it breaks my heart every Monday morning to leave my Jack Russell-Yorkshire terrier cross, Poppy. The fact that she knows I am leaving and does her utmost to make me feel guilty about it just makes heading to London so much harder. I could not imagine ever returning home to find that Poppy was not there. I do not even want to contemplate the notion of her being stolen. For me, like millions of pet owners across the UK, Poppy is my family. To be honest, I am like a proud dad. She has her moments, like any teenager. She can be relentless with her ball and her ducky, but I love her to bits, and I would hate anything it if were to happen to her. Our pets are much more than possessions. It is not difficult to appreciate how truly awful, heartbreaking and simply devastating a crime pet theft can be.
The hon. Gentleman is making a passionate, moving point. Does he agree that this is not just about pets? This is about a life and about a family’s life. The law needs to bear that in mind. This is not about monetary value, but about a life being taken. If a child was taken, we would not say, “They are only a couple of years old, so we think they are not worth that much.” This is a life, and it matters to the family.
I could not agree with the hon. Lady more. We have a real emotional connection to our pets, just as we have that emotional connection to members of the family. When we lose family members, we grieve; when we lose our pets, we grieve in the same way, and it should be treated in the same way.
As it stands, our law does not take true account of the real value of our pets. As the law stands, our pets are not inherently considered any different from inanimate objects. Sentencing is based predominantly on the financial loss to the victim. In England and Wales, for example, the theft of a dog valued at less than £500 must be classed as category 3 or 4. Those are lower categories, which mean lighter sentences.
Unfortunately, the Sentencing Council’s 2016 reforms have not made English and Welsh courts tougher on pet thieves. Very few cases of pet theft are getting to court, and even when they do, too many pet thieves are walking free or being given light-touch sentences. Given that pets are stolen not to be given a warm and loving home, but to be abused, tortured and treated as disposable, the current state of affairs simply makes my blood boil.
In Scotland, the Scottish Sentencing Council has not put forward any guidelines on theft, so judges rely on case law to decide on sentencing for pet theft. That flexibility cuts both ways. While some sentences may accurately reflect the real emotional harm done to the victim, that is far from guaranteed. The problem with the law as it stands is, as any victim would say, that pet theft is fundamentally not about financial loss. The value of a pet to its owners is far greater than any financial valuation could quantify. Losing a much-loved pet—a member of the family—can tear the heart out of that family and be as devastating a loss as losing any other family member.
Unlike a laptop, a blender, a flat-screen TV or any other object, no matter how expensive, a pet is a living animal and a much-loved part of the family. To underscore just how devastating the loss of a pet can be, a growing number of companies now offer bereavement leave to employees who have lost a pet. Inanimate possessions just do not compare, and it is about time that was properly recognised in the law.
Pet theft can and does cause real harm to victims’ lives. Just ask Dawn Maw, whose dog Angel was stolen in December 2013. She spent more than £13,000 trying to get Angel back. She took unpaid leave from work and suffered depression and the breakdown of her marriage. Pet theft changed Dawn’s life. She has said that her phone might have cost the same as Angel, but the phone could have been replaced within 24 hours, and Angel was her best friend.
Another example is Rita and Philip Potter, whose labrador Daisy vanished from their back garden in Norfolk eight months ago. The family are devastated and fear that Daisy was taken to be sold on the black market. Rita said that Daisy was
“a beautiful dog, she was a wonderful companion. We have got seven grandchildren, and they all miss her so much. At Christmas time, our little granddaughter, who is just five years old, said all she wanted for Christmas was Daisy back home.”
Such cases are powerful and demonstrate so clearly why the current law makes no sense. The light sentences given to so many pet thieves, based simply on the financial value of the pet, are an added insult to victims. They do not reflect the harm caused and do not act as an effective deterrent. It is just not justice. We need to change the law to make pet theft a serious criminal offence in its own right, punishable at a level more appropriate to the deep emotional harm caused to the victims.
That is what I intend to achieve with the ten-minute rule Bill I will be proud to bring before this House tomorrow. My hope is that the Bill will bring much-needed change to the law in not only England and Wales but Scotland. As a Scottish MP, I am determined to ensure that Scotland is not left behind, by working with the Scottish Parliament, and particularly my colleague Maurice Golden MSP. I hope the Bill can deliver justice for pet owners in Scotland, too.
For too long, too many pet owners have gone through the absolute hell and misery that pet theft can cause, and too many pet thieves have got away with a mere slap on the wrist. That is unacceptable, and it is time for change. The petition is a great example of people coming together to change a real flaw in our criminal justice system, and I hope that, this week, this debate and my ten-minute rule Bill can be the start of the change we need to see.
I did detect a sort of question there. I totally agree with my hon. Friend that dogs have feelings and stealing them is barbarous. I have dogs myself. I have cavalier poodle bichon crosses—all right, they are mongrels. They are part of my family and the thought of losing one of them really distresses me, which is why I want to combat pet theft. It is terribly important. I raised my concerns with the Minister during a debate on rural crime in the main Chamber, and I asked for more information on what the Government intend to do about the issue. Unfortunately, that information was not forthcoming, so I hope to elicit a better response today from the Minister; I say that very nicely.
The matter is important, and the current application of the law surrounding pet theft is ineffective and should be changed to make the monetary value of the pet irrelevant, which will ensure that all criminals are prosecuted and sentenced to the full extent of the law. As we know, 105,968 people signed the petition, and 97% of respondents to a “Dogs Today” survey support the proposal and agree that all pet theft should be treated equally, regardless of the animal’s initial monetary value. There is clearly a great deal of public support for a change, and I ask the Minister to bear that in mind as we move forward.
I also ask the Minister to bear in mind something that has been said many times this afternoon, but that is worth reiterating: pet theft is cruel. It is cruel to the owners who are left bereft after the loss of a friend, a loved one and a member of the family, and it is cruel to the animal itself, as mentioned by my hon. Friend the Member for Beckenham (Bob Stewart). The animal can be mistreated or even, as we have heard—it is horrific—have its microchip cut out of its neck without anaesthetic to avoid detection.
The Government’s current position needs to evolve and take account of the strong public sentiment and the cruel impact that pet theft has on those involved. I have no doubt that I will be reassured that laws are already in place to deal firmly with offenders who commit such crimes. To expand on that point further, and as I am sure we are all aware, the theft of a pet is already a criminal offence under the Theft Act 1968.
The hon. Gentleman has made such a good point. I want to highlight something that I hope the Minister will cover. The lower the category, the lower the sentence, with little in the way of repercussions. That makes the crime even more attractive because it is low risk and high reward, so that needs to be borne in mind when looking at sentencing.
I thank the hon. Lady for her intervention. I could not agree more. I am coming on to the question of low risk and high reward, which makes the crime attractive because the risk is so low but some of the animals can be worth a great deal. Indeed, they are stolen to breed from, and therefore the rewards are multiplied by however many puppies they have. The maximum penalty at the moment is seven years’ imprisonment, and it very rarely, if ever, gets imposed.
The guidelines take account of the emotional distress and therefore the harm that the theft of personal items such as a pet can have on the victim, and they recommend higher penalties for such offences. However, although I welcome such developments, I am uneasy about the current position for various reasons. First, as the Stolen and Missing Pets Alliance—SAMPA—tells us, the seven-year maximum sentence has never been awarded, so, out of the 646 reported incidences of pet theft in 2017, there were no cases where that sentence was applied. That is because the penalty for pet theft is often decided based on the monetary value of the pet, as we have heard this afternoon. Many pets have little or no monetary value, although in the eyes of their owner, as we have said, they are priceless. However, in the eyes of the court, that value does not exist. The courts deal only in monetary terms, and the most severe sentence recommended for stealing a pet that is worth less than £500 is two years rather than seven.
My second point of contention is that in the past three years dog theft has increased by 24%, which demonstrates that the sentencing guidelines are clearly not working and are not a deterrent to potential pet thieves. To demonstrate that point further, between 2015 and 2018, 96.75% of dog thefts ended without charge, showing that the courts have not become tougher on this particular aspect of pet theft. Additionally, I have heard from SAMPA that the police are reluctant to record pet theft because it negatively affects their crime figures. That explains why cases of pet theft are rarely investigated, and why the few cases that do make it to court do not result in a conviction. Potential criminals know that the chance of getting caught or ever receiving punishment is, as we said earlier, very slim, so the crime is low risk.
My third concern is the reliance on microchipping, which does not address the issue. Microchips can be overwritten, meaning that stolen dogs can be easily moved on rather than reunited with their owner, as the Government suggest. Moreover, as I mentioned earlier, the chips can simply be cut out, causing great distress to the animal. As a result, I believe we must address that particular issue and improve security compliance on the microchip database. Also, we should complement the microchipping regime with a new dog registration regime, and I will be bringing forward legislation to reintroduce that here in England in due course.
(6 years, 9 months ago)
Commons ChamberClause 4, as amended, means that incomes can only be used for navigation purposes. Ultimately, this becomes a chicken-and-egg situation: money will have to be raised if the commissioners are to provide the type of facilities people want on the Middle Level in consultation with navigation users. The alternative is to ask those who are paying for drainage to pay for those facilities to be provided initially via their council tax bills, which seems neither fair nor equitable. This cannot be a money-raising exercise. The purpose of any moneys raised by navigation must be absolutely clear. People are already paying for drainage via council tax and a levy.
Would the historical public right of navigation and extending the powers to privately owned waters and marinas give the Middle Level Commissioners complete control and enable them to charge boats licence fees?
An amendment was made in Committee making it clear that the powers would not be extended to someone who owns the waterways and the frontage of a property. The promoters have confirmed that the owners of the marinas wish to be included in the powers of the commission. There is no specific definition. We are not talking about a lock or a quay; we are talking about an open waterway. The aim is to manage it as a whole system, with registration applying throughout, and without different safety standards or insurance requirements. That should benefit the hon. Lady’s constituents.
Amendment 1 would extend the time between the passing of the Act and the date on which it would come into effect. A 12-month transition period applies to many of the provisions relating to construction and use, but it does not make sense to delay all the provisions—such as the commissioners’ new duty to have regard to the interests of boat dwellers—to that extent.
Let me now deal with amendment 2. My hon. Friend the Member for Christchurch asked where the words “any other offensive” had come from. The wording is actually similar to the requirements under the Environment Agency’s powers to control discharges into water for works purposes under section 163 of the Water Resources Act 1991. It is a well-established definition, and I hope that that will reassure my hon. Friend.
My hon. Friend said that amendment 3 was a probing amendment. Adding a reference to electric vehicles to a provision that also includes vehicles under sail does not take into account the direction in which technology could well move. Electric motors are becoming much more powerful, certainly far more powerful than a sail vessel. However, as I have said, my hon. Friend did say that this was a probing amendment.
The promoters would find amendment 4 unacceptable, because it would potentially remove the need for a static vessel to meet construction and safety standards or insurance requirements. I think that, given the issues that we have been debating over the past year, few of us would consider it sensible for those requirements not to apply to houseboats.
Amendment 5 would extend the commissioners’ powers in quite an odd way, and could require them to dig out virtually every watercourse in the area that is not a navigable course. It suggests the idea of a sort of waterway statutory off-road notice. This has already been taken care of by a change that was made in relation to boats that people own that are on their own property and used only by them. Parking a boat in a marina, for example, would be the equivalent of parking it in a public car park.
I made a point about amendment 6 in an earlier intervention. As was pointed out by my hon. Friend the Member for Shipley (Philip Davies), replacing the words
“appear to the Commissioners to be (taken together)”
with the word ”are” could allow a challenge over who had been appointed if someone felt that an appointee did not represent them. I do not feel that that would be an appropriate or helpful addition to the Bill. Such a challenge to the advisory committee could potentially frustrate its establishment.
I oppose amendments 9, 16 and 22 because the point of introducing a practical power is to provide for a simple registration plate that can be enforced. Getting into an argument about whether a boat has been used or not seems neither sensible nor appropriate, particularly if we are talking about looking to have basic construction and safety standards and insurance standards. In exactly the same way as if we park a car on a public road, it does not matter whether we are driving it or not as it still needs to be roadworthy and have paid vehicle tax. There are therefore similar precedents in other areas of legislation, so again I suggest that these amendments are both unwelcome and unnecessary.
As for amendments 10 and 11, the Bill makes it clear how the income from navigation will be used to fund benefits for navigation so, again, neither of them is necessary. On amendments 12 and 13, it does not seem unreasonable to allow commissioners to set conditions on the use of facilities such as, for example, cleaning showers and not abusing waste facilities. Indeed, it could undermine the purposes of providing those facilities if they were not able to provide a basic regulation system for how they were used, which is common in many other environments.
On amendment 14, I appreciate the passion of my hon. Friend the Member for Christchurch for ensuring that disabled people have a strong voice in this Chamber, along with my hon. Friend the Member for Shipley, who is a passionate advocate of equalities, hence his membership of the Women and Equalities Committee. However, this amendment is flawed as it refers to a register of disabled persons when that register was abolished by the Disability Discrimination Act 1995, so again I suggest it would not be sensible to bring that in.
I had the pleasure of chairing the Opposed Private Bill Committee, which took evidence on this legislation. I and four parliamentary colleagues—two from this side of the House and two from the Opposition—have considered the objections raised by the petitioners in great detail, and the undertakings made in response. I should like to thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for his kind comments about the conduct of the Committee, and about its work. I believe that the Bill strikes the right balance between the clear need to upgrade the levels and the legitimate concerns of those who use them, and as a result I am happy to recommend the new Middle Level Bill to the House.
I will give way to the hon. Lady, as I know that she has a local concern.
I thank the hon. Gentleman for giving way. Can he assure me that low-wage families living on boats will not suffer homelessness as an unintended consequence of the legislation? Can he also confirm that the revenue acquired from the licence fee will be spent on boaters and their facilities?
I thank the hon. Lady for her intervention. I know that she has taken a particular interest in this matter. On the question of homelessness, I shall deal in detail with the potential for a review if the interests of houseboat dwellers are not taken into account. She also asked about licence fees, and the Bill contains the idea that the money raised from those fees should be spent on navigation. In fact, according to the information that we have, that is unlikely to be enough to cover all the potential navigation costs.
As I have said, I believe that the Bill strikes the right balance. Today’s debate is, rightly, restricted to the technicalities of the Bill, as the case for updating the law governing the Middle Level navigations is undeniable and has been accepted by the House. The existing Acts were laid down in the 19th century and simply do not reflect the realities of managing a modern waterway. The Bill will bring the Middle Level into line with the rules governing neighbouring systems, prevent the diversion of resources away from vital flood prevention measures, and allow the commissioners to provide the standards of safety and convenience that should be standard on all British waterways.
I know that some object to the Bill on the ground that to charge those who navigate the levels breaches an ancient right of free navigation. However, after close scrutiny, my colleagues and I do not believe that that is the case. For starters, there has always been a levy for using the Middle Level. When the previous Middle Level Acts were drafted, the waterways were heavily used by commercial and industrial shipping, with pleasure craft almost an anomaly in that respect. It was therefore sensible to concentrate fees for maintaining the navigations on commercial shipping.
However, the situation today is entirely the reverse: the levels are well used by pleasure and leisure craft, and they see little, if any, commercial traffic. It is therefore only right that we empower the commissioners to levy funds from those who enjoy the Middle Level today. We should also remember that many of the costs are incurred explicitly through keeping the waterways navigable. Locks could easily be replaced by much more cost-effective alternatives such as weirs, were flood control the commission’s only consideration. I believe that this also addresses concerns about a supposed right to free navigation. Certainly, the case can be made that the state ought not to levy a fee to sail on a naturally navigable river, but when public funds must be laid out to maintain an artificial navigation, it is just that those who benefit should pay.
I also urge the House to remember that the Middle Level navigations are not only navigable waterways but important flood protection measures, without which much of the fens would be under water for at least part of the year. The Middle Level commissioners are responsible for both those important functions, but without the ability to levy funds from those using the waterways, they have no choice but to maintain them by diverting money from their flood defences. As a matter of public safety, as well as one of basic fairness, this should change.
In Committee, we heard another important objection to the proposed fees system that I would like to address here: what will those who pay the fee receive in exchange? That is a perfectly reasonable concern, and I will briefly explain to the House how the Bill has addressed it. First, we have a commitment from the commissioners that they will not under any circumstances levy more money from boat users than they need to maintain the navigations in good order. In fact, I am told that they are likely to raise much less than that. The commissioners also know that they will only undermine their own fundraising efforts if they set the rates at a level that discourages the use of the waterways. I am therefore confident that the rates will remain competitive and in line with the rest of the inland waterway network, which is in effect a market.
Secondly, the commissioners have committed to spending the money raised from those using the navigations on maintaining the navigations themselves. Thirdly, the facilities on the Middle Level are clearly in urgent need of an upgrade. At present, there are only two public facilities on the entire system, and it needs not only more toilets, but other services such as drainage, watering posts, and refuse collection. All that needs to be paid for, and it does not seem right that local council tax payers are asked to fund improvements so that the actual beneficiaries can enjoy them free of charge.
Another objection heard by the Committee was that new rules would unfairly penalise houseboat dwellers. The rules in question are the commissioner’s powers to move vessels that have been abandoned or moored without authority. Some of the petitioners were concerned that the notice periods were too short. Others even alleged that the proposals violated the human rights of those who live on the level. However, I believe that the Bill has addressed such concerns. For a start, there is obviously no possibility of this or any other Bill empowering the commissioners to violate anybody’s human rights unless some explicit exemption were written into it for that purpose.
Beyond that, the Bill contains several additional measures intended to reassure residents of the Middle Level. It provides a clear definition of the “lawful authority” under which vessels can be removed and specifies that any notices must be served to the vessels in question. Clause 15 requires that the commission publish a clear protocol to specify that moving a vessel will be a last resort. Moreover, clause 13 explicitly mandates the commission to have regard for the rights and interests of boat dwellers and to report annually on how they have upheld that duty. That means that the Middle Level navigations will offer some of the best and most explicit protections to houseboat users of any part of this country’s inland waterways. I concluded that the protections are more than adequate to offset the legitimate concerns of boat users while still allowing the commission to perform the essential function of moving abandoned or illegally moored vessels that are either blocking the use of moorings by others or obstructing navigation of the narrower waterways.
Finally, on byelaws and regulation, the new powers proposed in the Bill will allow the commission to require vessels to be insured and to meet proper safety standards, while providing a period of adjustment so that those using the levels can make sure their boats are up to code. My colleagues on the Committee and I all felt that that was important not only for its own sake, but to prevent the Middle Level becoming a dumping ground for old, unsafe vessels that are no longer legal on other parts of the network. Furthermore, the Middle Level will be adopting standards similar to those of neighbouring waterways, which will mean minimal disruption for anybody trying to use the navigations as part of the broader network. In short, the Bill will modernise the management of the Middle Level while preserving, and indeed enhancing, its unique historical character both for today’s users and future generations.