Pet Theft

Debate between George Eustice and Lisa Cameron

Monday 2nd July 2018 Westminster Hall

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I congratulate the hon. Member for Hartlepool (Mike Hill) on the way in which he introduced the debate.

As with every debate on animal welfare issues, it is one that is incredibly important to the public. This petition has more than 100,000 signatories—106,000, I am told —and today we have heard some heart-rending stories of individual cases from many Members’ constituencies, including from my hon. Friends the Members for Dartford (Gareth Johnson) and for Aberdeen South (Ross Thomson). The hon. Member for Hartlepool talked about some horrific cases of pets being stolen to be used, in effect, for baiting in dog fighting or to fight themselves. That is clearly the cruellest and most extreme end of this heinous crime.

When I was about 13, we had a beautiful young golden retriever called Sam. When he was about a year old, he went missing. To this day, I can remember us going out on the roads late at night, driving down every country lane around the farm in Cornwall and trying to locate Sam, all to no avail. We were unable to sleep that night because we were so distraught and upset that our wonderfully kind pet dog had gone missing.

The following day, we phoned every farmer in the area, in case Sam had gone on a runabout, and we phoned all sorts of other businesses in case we could locate him. As luck would have it, a local scrap-metal dealer phoned my mother back about an hour after they had spoken to say that there was a van at the scrapyard with a white-coloured golden retriever that might be our dog. My mother rushed off to the scrap-metal dealer, who undertook to keep the person occupied so that the van did not disappear. It was indeed our pet dog Sam, and my mother and our family were reunited with him.

The person who took Sam claimed that he had found him and had intended to take him to the police. It was therefore thought that we would not have a case and would not be able to bring a prosecution against the person, although that gentleman certainly had to endure a dressing down from my mother—a significant penalty.

I shall return to the issue of pet theft, but first I shall say a bit more about what the Government are doing to improve animal welfare specifically for pets. We have introduced new licensing requirements for puppy breeders, lowering the threshold at which they need a licence to breed pets. We have also strengthened the provisions on online sales, beyond any doubt bringing those who sell pets online into a licensing regime under the Pet Animals Act 1951. We have been clear that we intend to increase the maximum penalty for cruelty to animals to five years, and we have given our support to a private Member’s Bill that will strengthen protection and recognition for service animals. Finally, to come to the point made by the shadow Minister, the hon. Member for Workington (Sue Hayman), we have been clear that we shall introduce a ban on third-party sales of puppies, in particular, and other juvenile pets. We have had a call for evidence on the issue, and we intend to introduce provisions in that regard.

[Mr Adrian Bailey in the Chair]

Specifically on the issue of pet theft, a couple of years ago we introduced changes to make the microchipping of all dogs mandatory. That has had some impact already. More than 90% of dogs are now microchipped, which has made rehoming or the reuniting of people with their missing pets much easier for the authorities. The impact of that change has been extraordinary. The latest figures from Dogs Trust show that the number of stray dogs last year fell to about 66,000, which has almost halved on a few years ago, when we regularly had more than 120,000 stray dogs per year.

Microchipping also has a potential role in identifying animals that have been stolen. A couple of years ago there was some suggestion that we should legislate to create a legal obligation on vets to scan every animal in their practice to identify animals that might have been stolen. At the time we believed that to be a step too far, but we did work with the British Veterinary Association and the Royal College of Veterinary Surgeons to create clear guidance for veterinary practices that there should always be a presumption of checking any new animal presented to them when an owner enrols with the practice.

Earlier today, I discussed with the police lead on dogs, Gareth Pritchard, this issue of dog and pet theft. One point he made was that although the microchipping regulations are working well and have led to big improvements, we are starting to see some problems with people not keeping their details up to date—people moving home, for example, and not keeping the record up to date. In some cases, that is starting to make it hard to reunite people with their pets. It is important—and a provision of the regulations—for people to keep their data up to date.

I have done some work on the scale of the pet theft problem. As my hon. Friend the Member for Dartford pointed out, the figures out there range widely. Our belief is that the best estimate available is from a series of freedom of information requests put to all 44 police forces, with 38 providing reliable data back. From that, it is possible to ascertain that in 2016 there were 1,788 dog thefts and in 2017 the number rose to 1,909. That equates to around 34 dogs being stolen each week—a significant number. As a number of hon. Members pointed out, the 7% increase between 2016 and 2017 suggests that it is a growing problem. I will return to the statistics later, because my hon. Friend made the legitimate point that we ought to have reliable data in this area.

[Dr Cameron]

Will the Minister give way?

[George Eustice]

I was about to come to the hon. Lady’s question, but I will give way.

--- Later in debate ---

[Dr Cameron]

There has been an increase in pet theft of some breeds in recent years. Does analysis of the breeds that are being stolen offer any insight into the reasons, and therefore how we can best tackle this crime?

[George Eustice]

The hon. Lady asked a similar question about what is driving the thefts. At one end of the scale, there are horrific examples of pets being stolen to be used in baiting and dog fights. This afternoon, I asked our police lead on dogs whether they considered that to be a large factor in dog thefts. His response was that generally speaking, as with lots of theft, dogs that are perceived to have a higher monetary value tend to be stolen. Obviously, that is bad news for pets that are deemed to be of high worth, but on one level it is reassuring—hopefully, the type of incidents that the hon. Member for Hartlepool described are the exception rather than the rule in this terrible crime. I will return to the data a little later.

As my hon. Friend the Member for Dartford and others pointed out, the Government’s view is that the Theft Act 1968 provides sufficient sanctions to deal with the problem. He made a powerful case about some of the issues with the Sentencing Council, which I will come on to in a moment. I want to take the opportunity as the Front Bench spokesman to recognise that pets are not just objects; they are sentient beings and companions to people. The fact that they are covered for this purpose under the Theft Act does not take away at all from the fact that they are sentient beings and more than just property.

In his introduction, the hon. Member for Hartlepool highlighted the fact that, somewhat bizarrely, the Act has a provision for the theft of mushrooms and for the theft of wild animals. He asked why if we can have provisions for those, we cannot have one for pets. The reason why they are pulled out is that it was judged at the time that sometimes there could be doubt about whether a mushroom was public property or private property, and there could be some doubt about whether somebody would have ownership of a wild animal. It is beyond doubt that pets have an owner, so that provision did not apply.

Turning to sentencing, a number of hon. Members—including, quite powerfully, my hon. Friend the Member for Dartford, but also my hon. Friend the Member for Crawley (Henry Smith)—highlighted the current Sentencing Council guidelines. Hon. Members will appreciate that sentencing is a matter for the Ministry of Justice, policing is a matter for the Home Office and companion animals form part of the portfolio of the Department for Environment, Food and Rural Affairs managed by my noble Friend, Lord Gardiner. However, I will do my best to describe the position as I see it.

It is important to remember that in 2016, the independent Sentencing Council updated its sentencing guidelines for theft offences. The new guidelines acknowledge that theft that causes emotional distress to the victim or where the item stolen is of a substantial value, regardless of the monetary worth, will indicate a higher level of seriousness and the offender should be sentenced accordingly. In the context of the theft of pets, my hon. Friend the Member for Dartford is right that although the Theft Act provides for a maximum sentence of seven years, there is scant evidence of that being used.

Our reading of the current guidance, which was issued in 2016, is that in applying that guidance, the theft of a pet should be considered as either a category two or a category three offence. The custodial sentence is two years for a category two offence and one year for a category three. My hon. Friend is right that, applying our interpretation of the most recent guidance, a seven-year maximum penalty is largely theoretical for pet theft unless there are other aggravating circumstances. But as a general rule, category two or three would seem to be an appropriate sentence.

I hope that I have been able to reassure Members of the seriousness with which we take this issue. The Government have demonstrated in just the last six months that we are willing to change the law wherever necessary. Although at the moment the Government are not convinced that we need to change the law, I want to give three undertakings. First, let us use this debate to be absolutely clear that the Government interpret the latest guidance from the Sentencing Council to mean that the theft of a pet should generally be treated as a category two or three offence.

Secondly, my hon. Friend the Member for Dartford and others made an important point about the need for statistics. This afternoon, I asked Gareth Pritchard, the Home Office policing lead for dogs, to marshal accurate data from the 44 police forces. It should not be left to third parties to try their luck through freedom of information requests—I agree that Government should marshal that. I have asked him to generate that data and to provide me with a report of the most accurate data he is able to gather.

Thirdly, I will discuss with my noble friend Lord Gardiner whether there are any other things that we have considered by way of enforcement and to improve detection rates for this crime. One of the messages I picked up from hon. Members’ contributions is that it may be not so much that the ability to sentence is not there or even that the maximum penalties are wrong, but simply that too few of these crimes are detected and too few prosecutions are brought.

Greyhound Welfare

Debate between George Eustice and Lisa Cameron

Thursday 15th December 2016 Westminster Hall

[George Eustice]

The hon. Lady makes a point that several hon. Members have raised. As she will be aware, this area of legislation is a matter for the Department for Culture, Media and Sport. There is already a statutory horse-racing levy, which has issues of its own. To extend the remit in the way that she and others have suggested would require primary legislation—I do not think we could do that through secondary legislation—and I am told that there may also be EU state aid and competition law issues. Clearly, those types of obstacles will shortly be removed, and in that context the Government may want to revisit and reconsider the issue in the future. I simply say that it would not be as simple as she says to amend the legislation. I am sure that DCMS Ministers will look at this debate, since they are looking closely at these issues in the context of the horse-racing levy.

My hon. Friend the Member for Tiverton and Honiton mentioned rehoming, which is a very important issue. There are estimates—they are only estimates—that around 8,000 greyhounds leave the industry, the sport, tracks and racing each year. The Retired Greyhound Trust and other animal welfare charities do incredibly good work. The Retired Greyhound Trust rehomes between 3,500 and 4,000 dogs, and we think that other welfare groups rehome around 1,500 dogs. Some people say there are therefore between 1,000 and 1,500 missing dogs.

We have got the GBGB to commit to publishing clearer data about dogs that leave the sport, in terms of what happens to them and what leaving means. I think we all agree that we should aim at all costs to avoid the euthanasia of perfectly healthy dogs. Wherever possible, we should try to rehome these wonderful, kind, loving dogs. I met two of them when a constituent brought two greyhounds that had been involved in racing to see me.

The EFRA Committee’s report made it clear in paragraph 60, on page 16, that the

“introduction of microchipping should significantly improve the tracking of greyhounds bred for racing from birth to death.”

Let us hope we get some progress on that.

The hon. Member for Poplar and Limehouse raised the issues of trainers’ kennels, which I have dealt with, and of disappearing dogs, which I believe we can make some progress on. He referred to the £0.5 million welfare initiatives fund that we mentioned in our response to the Select Committee, which I understand was the result of better than expected fund income and an underspend. That is obviously a welcome boost at a time when, as my hon. Friend the Member for Tiverton and Honiton said, funds for this sort of work have generally been declining.

The hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) highlighted some appalling cases of animal cruelty. I am as horrified by her examples and anecdotes as any other hon. Member or member of the public would be. I simply point out that every single case she cited is a clear breach of existing animal cruelty laws. Those cases breach the Animal Welfare Act 2006 and would have breached animal welfare legislation predating the 2006 Act.

The hon. Lady also said that we should have a moratorium on the opening of new tracks. I am not sure that that is the challenge we face. We have some 28 tracks in total, 24 of which are under a scheme with the GBGB. Only four are regulated by local authorities, and they are small independent tracks. I am not sure that the challenge we have is dozens and dozens of new tracks opening up and causing new problems. This sport does not seem to be expanding; if anything, it might be losing popularity. I therefore do not believe that we need the type of moratorium she suggests.

The hon. Lady and several other hon. Members, including the hon. Member for Redcar (Anna Turley), raised doping. That is already an offence under the Gambling Act 2005, and people can be prosecuted for it. Depending on what is used, it is also potentially an offence under the Animal Welfare Act 2006. The hon. Member for East Kilbride, Strathaven and Lesmahagow may take the view that there has been insufficient enforcement or that inadequate penalties have been applied in some cases, but the legal remedy for those issues exists.

[Dr Cameron]

I thank the Minister for clarifying those issues. Is there scope to put more resources into prosecution and ensuring that regulation goes much further?

[George Eustice]

There may be opportunities to review enforcement. Indeed, in DEFRA at the moment we have concluded another review of animal licensing establishments, where we are looking at getting more consistent enforcement across the piece on animal welfare. I am sure that I can look forward to another debate in this place because the EFRA Committee has also undertaken an inquiry into some of those proposals, which we are considering at the moment.

I may have misunderstood the hon. Member for Redcar, but she appeared to suggest that the Animal Welfare Act does not apply to the independent tracks or all tracks. That is not true. Whether a racing track is covered by the UKAS accreditation scheme or indeed by a licence from a local authority, all tracks and everyone at all times are covered by the Act—there is no exemption. The 2010 regulations supplement our animal welfare legislation; they are not an alternative to it.

The shadow Minister, in that vein, raised the level of inspection of those small independent tracks. That is ultimately an issue for the local authority. There are only four such tracks and only three local authorities are involved in licensing them, so the local authorities tend to be very familiar with the tracks they license and are in a good place to judge the level of inspection that is required. It is often the case that the smaller tracks tend to be for hobby racers rather than the professional industry, and we often have fewer issues with them. Therefore, in some circumstances a local authority may deem that an annual inspection is unnecessary.

I am grateful to the EFRA Committee for both its scrutiny of this matter and its report. The report’s findings support DEFRA’s own review of the 2010 greyhound regulations. Both the EFRA Committee’s report and DEFRA’s review found that there had been a number of successes in the past six years, as well as areas in which the industry could and should have done more. The GBGB is beginning to address those concerns, and we have agreements with it to do so by 2018—a two-year probationary period. Should the board fail, the Government will consider other approaches, including regulation.

Oral Answers to Questions

Debate between George Eustice and Lisa Cameron

Thursday 5th November 2015 Commons Chamber

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

1. What steps she is taking to ensure that farmers receive a fair price for their produce from retailers.

[The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)]

First, I welcome the new shadow Front-Benchers to their positions. I am sure they will find DEFRA to be a fascinating and rewarding, if somewhat unpredictable, brief to be involved with.

In the last Parliament, we introduced the grocery code adjudicator to enforce the principle of the grocery supply code relating to fair practice in contracting arrangements. In addition, we have encouraged large retailers to offer contracts with prices linked to the cost of production. Many of them now do so for their liquid milk, and such contracts are popular with farmers.

[Dr Cameron]

What steps is the Minister taking to alleviate the severe cash-flow pressures on our farmers, and will he consider placing a floor in the market to protect the dairy and lamb industry?

[George Eustice]

We have worked hard with the European Commission to get a support payment. The Rural Payments Agency is processing that now—for Scotland, England and all other parts of the UK. We aim to get that out in the first week of December. That will offer some support to dairy farmers with their cash-flow problems. In addition, we are working hard in England to ensure that we can get the basic payment scheme payments out to farmers on time.