Animals (Penalty Notices) Bill

Debate between Jane Stevenson and Jerome Mayhew

3rd reading
Friday 4th February 2022 Commons Chamber

[Jane Stevenson (Wolverhampton North East) (Con)]

I rise to speak briefly in support of the Bill. I pay tribute to my hon. Friend the Member for Romford (Andrew Rosindell), who shares my enthusiasm for animal welfare. His commitment to the cause is valuable and appreciated by many hon. Members on both sides of the House. It has also been a great pleasure to listen to many hon. Members share experiences of their pets of various shapes and sizes.

It is valuable for children and adults to have and care for a pet to learn an appreciation and love of animals. For many hon. Members on both sides of the House, it informs our choices in this place and advances the cause of animal welfare. I should mention my two Cavalier spaniels, Cromwell and Bertie, who appreciate everything I do in this place on animal welfare. I am sure they look forward to seeing me later and congratulating me.

[Jerome Mayhew]

I rise not to talk about Cavalier King Charles spaniels, but to ask whether my hon. Friend agrees that the direct impact of the fixed penalty notice being applied as soon as the relevant authority considers that there is evidence beyond reasonable doubt adds a powerful deterrent to people causing cruelty or neglect to animals.

[Jane Stevenson]

I absolutely agree. Education and those low-level interventions will be important. At the moment there is not a good enough safety net on animal welfare, because only the most serious cases are likely to be investigated and only the most serious abusers are ever likely to be fined or prosecuted.

The Bill will do a valuable job of introducing low-grade fines and of providing the opportunity to give advice to pet owners, which is key. Some people are unintentionally not creating the best environment for their pets, but we can have a culture where they might get a warning and advice on animal welfare from an appropriate officer. That is what I most like about the Bill: it is pragmatic, it is not heavy-handed, but it will certainly raise standards broadly in animal welfare across the United Kingdom. I thank my hon. Friend the Member for Romford again for bringing forward such a useful and important Bill as part of the Government’s commitment to improve animal welfare.

Glue Traps (Offences) Bill

Debate between Jane Stevenson and Jerome Mayhew

Report stage
Friday 4th February 2022 Commons Chamber

[Jerome Mayhew]

I thank, I think, my hon. Friend for her intervention. One thing to be said for baseball bats as a method of controlling rodents is that, although they may not be very effective, and people rarely make contact, when they do, they are decisive.

I reminisce because we need to control rats and rodents, but we share this world. Growing up with the kind of childhood that I had, I instinctively understood how much we share this world with wildlife and I benefited enormously from that. When we need to control animals, therefore, particularly sophisticated animals such as mice and rats, we need to do that quickly and humanely, so I support the Bill almost in its entirety.

I run the risk of sounding a bit like a lawyer this morning, because I made a rather tedious intervention on the previous Bill and I am afraid I will do so again. I made the point on Second Reading, and was punished by being put on the Committee as well, where I took the opportunity to make the same point, for which I received cross-party support and agreement, that there is an issue in clause 1(5) that needs to be addressed.

The Bill has the effect of outlawing the laying of glue traps, but not entirely. It is still perfectly legal for licensed operators to lay glue traps in certain circumstances. Clause 1(4) says:

“A person who knowingly causes or permits an offence to be committed under subsection (1) or (2) commits an offence.”

That has in mind people who perhaps pay someone else to lay a glue trap on their behalf. Clause 1(5) says,

“A person commits an offence if the person—

(a) finds a glue trap in England that has been set in a manner which gives rise to a risk that a rodent will become caught in the glue trap, and

(b) without reasonable excuse, fails to ensure that the glue trap no longer gives rise to such a risk.”

This subsection relates to the passer-by. It is in that context that I have significant concerns about the current drafting, because a bystander will need to know the legal requirements for the setting of a glue trap.

A perfectly innocent bystander or passer-by who sees a glue trap in any situation will have to identify, first, that it is illegal, and then whether it is a licensed glue trap. Either it will put the passer-by at risk of committing an offence or it will be a terrible nuisance to licensed operators who legally lay glue traps for which there is a specific need, as passers-by will throw themselves upon the glue traps to disable them. I am concerned that the drafting still does not take account of this genuine concern.

[Jane Stevenson]

I thank my hon. Friend for enduring the ordeal of serving on the Public Bill Committee, to which he made a valuable contribution. I understand his concern about these measures, but it is crucial that we close the loopholes. I do not think a member of the public could be expected to know, and it would be a reasonable excuse, because a glue trap is essentially a piece of cardboard that is not recognisable as being very harmful, but a pub landlord might ask a pest controller to put them down, and he would be liable. He could not claim, “It wasn’t me, so I cannot be prosecuted.”

[Jerome Mayhew]

Actually, my hon. Friend’s example would be caught be clause 1(4).

I am also concerned about clause 1(5)(b), because it has the seeming effect of reversing the burden of proof. The defendant, the innocent passer-by, has to prove that they had a reasonable excuse. I would be grateful if the Minister addressed that point to reassure me and other hon. Members that we will not inadvertently create unintended consequences while continuing to support what is, without doubt, a very useful and much-needed amendment to our legislation.