Animal Welfare (Kept Animals) Bill (Fifth sitting)

James Daly Excerpts

Thursday 18th November 2021 Public Bill Committees

[Dr Hudson]

Thank you, Mr Davies. I rise to welcome Government action on pet theft. In response to the hon. Member for Cambridge, I noted those amendments to the Police, Crime, Sentencing and Courts Bill a few months ago, and the reason why many of us on the Government side voted against them was not because we were against pet theft law being strengthened, but because we were given assurances by the then Justice Secretary, my right hon. and learned Friend the Member for South Swindon (Robert Buckland), who has been mentioned, that pet theft would be addressed in law. I am so pleased, as a veterinary surgeon and a parliamentarian, that we are now at the stage of recognising and passing pet theft into law.

I welcome that the Opposition will not oppose the new clause. I very much agree with the hon. Member for Cambridge that the new clause has been tabled at very short notice, and I feel that the Government can work with the Opposition, with Committee members, and with Members on both sides of the House, to ensure that we get the legislation right. We have to get the wording right so that we can stamp out the abhorrent crime of pet theft.

I have called for some time for the legislation, once introduced, to be expanded to include other species. I welcome the Government’s acknowledgment of those calls and their attempts to address them with new clause 6, but I share the hon. Gentleman’s concerns. As it is worded, the new clause is incredibly complicated, incredibly confusing and subject to much misinterpretation. I urge the Government to look closely at the definitions in the new clause, which are not suitable.

The Government are moving forward on animal welfare. The Animal Welfare (Sentience) Bill has been introduced, and will recognise that animals are fully sentient beings—the theft of animals is distressing for both the animals and their owners. Cats are being stolen as we speak, and should be included. I am keen, though, for the provisions to be expanded beyond pets.

I welcome the fact that we are expanding the measures to other species, but they should not apply only to pets. Should we be talking about “companion animals”, rather than pets? What about farm animals? When a farmer in Cumbria has 20 sheep stolen—a not uncommon occurrence—it is incredibly distressing for that farmer. I urge the Government to look closely at expanding the measures to include all animals: farm animals, horses, ponies. What about the Vietnamese pot-bellied pig that someone keeps in the back of their garden? What about someone who keeps a sheep to help them keep the lawn down—is that a pet or a farm animal? This is where we will end up going due to the complexities of the Bill.

I fear that if the Government do not change new clause 6, we will have some form of George Orwellian “Animal Farm” interpretation of how important some animals are compared to others. I urge the Government to not let us go into that. These animals are being stolen now—farm animals, horses, cats, dogs—so we need to act now. I welcome what the Minister is doing, and what DEFRA is doing, and I encourage them to listen to voices on both sides of the House. I ask with good grace whether the Minister will meet me and Lord Goldsmith. Can we get round the table and see if we can improve these clauses, so that all animals are covered, and so that we can stamp out not just pet theft, but animal theft?

[James Daly (Bury North) (Con)]

It is a pleasure to serve under your chairmanship, Mr Davies. I was a criminal defence solicitor for 16 years. The one thing that we will never get in legislation that will potentially go before the criminal court is 100% exact language. We are talking about legal interpretation. These are matters that will be decided on by those giving expert evidence and through the interpretation of the courts. That is how the system works—the separation of powers. I understand the point made by my hon. Friend the Member for Penrith and The Border about looking at the wider definition of theft, but all the matters that he mentioned are covered; they are acts of theft, which is on the statute book already.

I welcome new clause 6; I think it is a good clause. Criminal lawyers, together with those giving expert evidence and others involved in the court system, will be able to understand it clearly. Even if we were to have a lengthy discussion, as the hon. Member for Cambridge said, regarding what “forming bonds” means—we could discuss that forever—it will be expert evidence in a court that will decide matters, not what parliamentarians debate. I welcome the clause and congratulate the Minister on it.

[The Chair]

I welcome Members making contributions, but could you use your leg muscles to indicate that you want to contribute—perhaps near the start of the debate, but you are free to stand whenever you like—so that I do not miss you out? I almost missed that last request to contribute.