Harvey’s Law

George Howarth Excerpts

Monday 2nd March 2015 Westminster Hall

[Mr George Howarth (Knowsley) (Lab)]

I begin by congratulating my hon. Friend the Member for Halton (Derek Twigg) on raising this issue and the Backbench Business Committee on recommending the subject for debate. My hon. Friend put the case with characteristic understatement but with the forensic skill that we all know him to possess, and I praise him for doing so.

Earlier today, I had a conversation with a good friend and constituent in Knowsley, in which we talked about this issue and the fact that I would be speaking about it later today. I know my constituent to be a responsible and caring dog owner, but she made the point that in her lifetime of owning dogs, on three occasions the dogs concerned—different animals—had gone missing for one reason or another. In none of the cases could that be put down to neglect on the part of the owner; it was simply a result of the circumstances. Happily, the outcome in each case was favourable and the dog was found, not least because the owner put a great deal of effort into trying to find it. That emphasises the point that, as we are discussing, even responsible dog owners who have taken every precaution that could reasonably be expected of them find that their animals go missing. It is important that we understand that.

I do not think that my second point strays too far from the subject, and it must be taken into account. Man’s relationship with animals stretches back a very long way, and the love of animals is deeply ingrained in our culture. Every Member of the House will be aware of the fact that we probably get more letters on animal welfare than on almost any other subject. We are not talking about something sentimental, however; the relationship goes back a long way. According to a report in one of the newspapers over the weekend, which I am sure that others have seen, our relationship with dogs in Europe is thought to date back to the time when the Neanderthals walked the earth. Tamed wolves—dogs, as we now know them—were used for hunting, which gave the human race the advantage over the Neanderthals, who had fairly rudimentary weapons. That gave us a real competitive edge. I say that simply to underline the fact the relationship between man and dog is of long standing.

[Dr Matthew Offord (Hendon) (Con)]

The right hon. Gentleman is looking back to the Neanderthals, but does he accept that in our modern society a lot of people purchase dogs and cats to teach their children responsibility for looking after animals and to teach them about the life cycle?

[Mr Howarth]

I agree, and I hope that the hon. Gentleman was not suggesting that I am a Neanderthal for having raised that historical fact. I will come on shortly to the point that he raises.

Given the nature and history of our culture, pet owners in this country have close, caring and responsible relationships with their pets, and we should celebrate that fact. Against that background, my hon. Friend the Member for Halton put his case very well. The hon. Member for Hendon (Dr Offord) is quite right to say that that those relationships offer young people a way of learning, within their family, the responsibilities that go with pet ownership—and, indeed, the responsibilities that we all have to take on in life as we become adults. In addition, many people who live alone find their dog or cat to be an enormously important part of their lives.

Against the intensity of the relationship between man and pet, Harvey’s law, which my hon. Friend the Member for Halton is promoting, is incredibly important. He explained the measures most adequately, so I will not go over the ground that he has already covered. Harvey’s law would be a small step, but one that might have a great impact on the lives of people and their pets. I hope that the Minister, in summing up the debate, will be able to give us the good news that he is prepared to take the matter on board and do something about it.

--- Later in debate ---

[Richard Burden (Birmingham, Northfield) (Lab)]

I congratulate my hon. Friend the Member for Halton (Derek Twigg) on securing this debate, and the more than 100,000 people who have so far signed the petition calling for Harvey’s law. As my hon. Friend said, it shows that democracy can work and can have an impact, and that people power can get concerns heard in this place. To that extent, congratulations are also due to the Backbench Business Committee for organising this debate; it is good to see the Chair of the Committee, my hon. Friend the Member for North East Derbyshire (Natascha Engel), here.

I am winding up this debate on behalf of two important bodies: one is the official Opposition, and the other is Charlie, my cat, who has given me special dispensation to be here. Normally he complains a lot when I leave on a Monday, but today he said, “Get yourself down there.” Charlie is a survivor of a road collision. He came in looking very much the worse for wear, but it could have been a lot worse. He made a full recovery, at least physically; he has been a lot more clingy since then. All of us who are pet owners know what it feels like when a pet is involved in a road incident or, worse, as we have heard in this debate, when a pet does not come home and we do not know what has happened to it.

If I have done my figures right, we have heard from 16 hon. Members from across the House who have been united. It is rare to find such a degree of unanimity in this place. Everybody spoke with great feeling, and often from personal experience of having a pet and knowing how it becomes an integral part of the family, and of what it is like not knowing what has happened to it. I was also interested in the speech made by my right hon. Friend the Member for Knowsley (Mr Howarth), who gave us the historical perspective. I have to say that until I heard his speech I was not aware that the relationship between humans and animals, particularly dogs, played a role in the progression from the Neanderthal race to the human race. I am glad that I now know it, and it should certainly give the UK Independence party something to think about in the period ahead.

[Mr George Howarth]

I do not think that any scientists would take issue with the fact that there was a progression from the Neanderthals to the human race, because I do not think that dogs are the missing link.

[Richard Burden]

I will try to think of a witty response to that, but for the moment it is failing me.

It is really important that hon. Members have spoken up on behalf of not only the human race’s best friends, but pet owners. As the debate has shown, the public care deeply about pets and are concerned about their well-being. I understand that about 9 million households in the UK own a dog, and the House certainly has a responsibility to be concerned for the well-being of all those dogs, as we do for animal welfare more generally. My hon. Friend the Member for Garston and Halewood (Maria Eagle) recently set out Labour’s intent to lead the way on animal welfare with six important commitments, from ending the badger cull to reviewing the rules on the breeding and selling of dogs and cats. It is with that last commitment in mind that the Opposition approach this debate, which has rightly included important and passionate contributions from Members from all parts of the House.

The Minister has already been asked a number of questions by hon. Members. I hope that he will be able to answer them; we are all looking forward to hearing his response. I may add a couple of questions myself. We have heard about Harvey’s sad death and the 13 weeks of suffering endured by his owners, Judith Devine and Shaun Robertson, because the Highways Agency guidance, as set out in the network management manual, just was not followed. I remind hon. Members that that guidance was published in 2009, and it sets out procedures for a number of Highways Agency area maintenance contractors when animals are found on the roads. It specifies that identification information must be collected and a search made for a collar and disc, and that owners must be notified as soon as possible. Where no collar or disc is found, the entire body of the animal must be scanned for microchips and ears checked for tattoos, and the appropriate authorities must be notified, whether that be the police or the local authority dog warden. If none of this information can be found but the animal is clearly a dog, it will be kept and as much information as possible must be passed on to the local police or dog warden.

This guidance just could not have been followed in Harvey’s case, and we have heard of other cases where it has not been followed. In 2013-14, 189 dogs and 213 cats were reported dead on the Highways Agency network. The Harvey’s Army campaign has told us in its e-mails and other approaches that numerous pets were killed on the roadside and disposed of without their owners being informed; we have also heard examples of that today.

Judith and Shaun wrote to the shadow transport team about this issue last year, and we raised a number of parliamentary questions that clearly showed that there is no standardised procedure for identifying, recording and managing animal fatalities on the road network.

We believe that people who have had their dog microchipped deserve to be treated with consideration and respect. It is also important that there is consistency across the Highways Agency, its contractors, local authorities and the police in how canine fatalities are handled, to ensure that both animals and their owners are treated with the respect they deserve. The point about the importance of a joined-up approach was made forcefully by my hon. Friend the Member for Denton and Reddish (Andrew Gwynne). Against that background, I was pleased to see in yesterday’s press that the Minister will agree with that point today. I hope that if new guidance is issued, it will provide pet owners with confidence that a consistent procedure will be followed. What we have seen and heard today is that that is not the case at the moment. However, there is another problem; the Government’s decision to scrap mandatory procedures for animal identification in maintenance and management contracts for the strategic road network is part of the picture.

I understand that the Highways Agency has been awarding these new contracts, which do not have a mandatory scanning policy, as a result of decisions made in 2010. The Highways Agency has denied that the change in contract had any part in the failure to identify Harvey, and says that contractors “may” still continue to scan for a chip when an animal is found and would

“attempt to reunite the owner with the animal whenever possible”.

However, that just does not ring true. If procedures are made voluntary, rather than mandatory, of course it is less likely that they will be followed. Even if they are followed in a number of cases, the frequency with which they are followed will decline. I hope that the Minister can tell us today why the decision to remove mandatory scanning was taken, who called for it and what the rationale behind it was. Also, if that decision was about saving money, how much money is it estimated to save?

--- Later in debate ---

[Mr Hayes]

I could not have summarised my own argument better than the shadow Minister has just done. Those are indeed the commitments. In the note that I will circulate on the contracts, it would be helpful for me to say a word about cats and the practicable means of contacting owners. I take the point that cats are often microchipped. As I was saying, that helps because of the availability of scanners and the fact that, as has been said in the debate, the straightforward business of locating and collecting animals in places where they can be scanned should mean that owners can be contacted wherever possible.

[Mr George Howarth]

I am grateful to the Minister for his constructive approach to the debate. Is his argument that legislation is unnecessary because his ministerial scope enables him to make the necessary changes through the contracts? Would it be more effective to ensure the mandate that he is giving by putting it into statute?

[Mr Hayes]

The right hon. Gentleman is an experienced Member of the House. He will know that a mandatory contract is what it says it is: mandatory. We must act immediately; I want no further delay. As the shadow Minister said, there is no need for a protracted review. The matter is straightforward, and the last thing I want is to have to wait for a legislative vehicle so that we can amend the law. We have an election coming and would have to wait for the Queen’s Speech; the right hon. Member for Knowsley will know, as will other experienced Members, that that business could become protracted, even for such a relatively straightforward measure. I just want to get on with it. The shadow Minister asked, perfectly properly, whether the changes would be mandatory, and the answer is yes.

[Mr Philip Hollobone in the Chair]