Glue Traps (Offences) Bill

Jerome Mayhew Excerpts

Committee stage
Wednesday 19th January 2022 Public Bill Committees

[Jerome Mayhew (Broadland) (Con)]

It is a pleasure to serve under your chairmanship, Mr Dowd. I pay tribute to my hon. Friend the Member for Wolverhampton North East. What a great addition to our legislation the Bill will make when, as I hope, it becomes an Act. I have been persuaded by the arguments on Second Reading about the cruelty of glue traps that their use should be limited. I know that she is aware of my support for the purposes of the Bill.

However, I have one concern about the drafting, which I raised in the House on Second Reading, relating to clause 1(5). It states:

“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,”—

in other words, one that has been set and is active—

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

I have in mind the innocent bystander or passer-by who comes across a glue trap that they did not set, perhaps because they are not the owner of the premises. The clause, as currently drafted, creates a presumption of guilt against the finder. In harsh terms, it shifts the burden of evidence away from the prosecution to establish their motives, to the defendant to establish reasonable excuse and to explain why they did not take effective steps to put the glue trap out of commission.

My question, which I hope the Minister will be able to address in her remarks, is what would amount to a reasonable excuse under this drafting? Would ignorance of the law relating to pest control amount to a reasonable excuse? Although many of our constituents are well versed in the legislation around pest control, some are not. In fact, I would suggest that 99% of those innocent bystanders or passers-by would have no idea if a glue trap is an illegal device and whether its application in that context is licensed or otherwise.

[Kerry McCarthy]

I am glad that the hon. Gentleman has raised this point, because I had that flagged as a concern as well. For a start, what does “finds a glue trap” mean? Someone renting a holiday cottage on a farm, riding a horse at a stables or renting an office might come across one. There are so many circumstances in which it would be absolutely nothing to do with them and they would be in no way culpable by being there.

There is also knowing what to do. When the clause says

“fails to ensure that the glue trap no longer gives rise to such a risk”

it sounds as if the person that finds it is expected to dismantle it. Most people would not have the slightest idea how to go about that safely.

--- Later in debate ---

[Jerome Mayhew]

I am grateful for that intervention; we clearly agree with each other. I do not want to put unnecessary barriers in the way of the progression of this Bill—we want it to have a following wind—but there appears to be cross-party concern that the wording might need to be tightened up, or at least that explanations as to what might amount to a reasonable excuse should be given.

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

Thank you for the honour of serving in this debate, Mr Dowd. I congratulate my hon. Friend the Member for Wolverhampton North East (Jane Stevenson) on her private Member’s Bill reaching Committee. I attended its Second Reading on 19 November last year and greatly enjoyed the contributions of many Members, and was glad to hear the Government support for the Bill.

In the United Kingdom, we are rightly proud of the welfare standards for animals. The Brexit dividend has enabled us to continue to advance our world-leading animal welfare standards. Future legislation will introduce strong legal protections for all animals and ban the use of inhumane glue traps.

Pest control is necessary as pests can be a huge threat to public health, but they should be captured and controlled as humanely as possible. Other traps, such as snap or break back, are more humane, cost effective and reusable. Glue traps inflict slow, painful deaths on animals that have been captured, and do not just target rodents because other wildlife can be caught by these indiscriminate traps. They are described by many as one of the cruellest forms of rodent control. Therefore, I support the ban on this mechanism. Ireland and New Zealand already have bans and have transitioned seamlessly.

In my eyes, people with professional pest control licences should be able to continue to purchase these traps, because they are qualified to use them. The pest control industry is evolving as people become more aware of animal sentience and the need to treat all animals humanely. I welcome this legislation, and I once again applaud my hon. Friend the Member for Wolverhampton North East for introducing it.

Glue Traps (Offences) Bill

Jerome Mayhew Excerpts

Report stage
Friday 4th February 2022 Commons Chamber

[Jerome Mayhew (Broadland) (Con)]

I believe it was my hon. Friend the Member for Christchurch (Sir Christopher Chope) who, in an earlier debate on the Bill, described it as a rat protection Bill. Were it to be one, I would certainly not be supporting it. I grew up in an old farmhouse; some of my most profound memories of childhood involve rodents, and not in a particularly positive way. I remember lying in bed as a small child in that seemingly interminable period between being put down and actually falling asleep and hearing the scurrying of the mice—I hope they were mice, but we were never sure whether the mice or the rats had the upper hand at any one time. They would go up the wall and I would hear them pitter patter across the ceiling. I was used to it from an early age, so it became rather soothing after a while, which seems odd in retrospect.

We had a mouse in our kitchen for a period that became very bold. They are normally nocturnal, but one lived behind the gap where there should have been a dishwasher. It took to coming out into the kitchen while we were having our breakfast and would wander across the floor. It was rather sweet so we did not take effective action for a week or two, but I am sorry to say that my mother eventually decided that hygiene was the better part of that relationship. I am sure that she did not use a glue trap but an effective means was found to say goodbye.

I mentioned the contest between the ascendancy of the mice and the ascendency of the rats. It may be an urban myth but I have always assumed that there is only ever one kind in the house—mice or rats. I stand to be corrected on that. I remember that, when my brother was on a rat hunt in the larder with a baseball bat, he effected a clean hit on a moving target, which gave him enormous status, certainly in my eyes—I have looked up to him ever since.

[Lia Nici]

My hon. Friend is telling us a beautiful story of growing up in the countryside, about which I would like to read more in his future memoirs. I may have a sleepless night tonight though because “The Ascendency of the Rats” sounds like a new horror film. I am concerned that perhaps we should look at banning baseball bats with regard to rodents as well.

[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.