Animal Welfare (Sentencing) Bill

Debate between Jim Cunningham and David Rutley

2nd reading: House of Commons & Programme motion: House of Commons
Wednesday 10th July 2019 Commons Chamber

[David Rutley]

We can talk about that in more detail in Committee, but it is clear that this is about animals that are under the control of man. So in a situation where a feral cat was under the control of a man or woman and was experiencing unnecessary harm, the Bill would apply.

[Mr Jim Cunningham (Coventry South) (Lab)]

I apologise for coming in a bit late. The Minister might have covered this earlier, but will the courts have discretion in relation to the maximum sentence? Am I right in thinking that there will be a scale?

[David Rutley]

I thank the hon. Gentleman for his question. Just to clarify, we are discussing the maximum penalty; there will be other gradations that the courts will see fit to use. It is important to highlight, as I have done with a couple of case studies, that the courts felt they did not have the right sentencing available, given the horrific nature of some of the crimes they had been looking at. The Bill is about providing a maximum. The hon. Gentleman must be psychic, because I was about to come to that point. Under clause 1, the existing maximum penalty of six months will be retained if the offender is summarily convicted. However, offenders may now receive a higher penalty of up to five years’ imprisonment and/or an unlimited fine if they are convicted on trial by indictment.

Clause 2 outlines that the Bill will come into force two months after Royal Assent. The application of revised maximum penalties is not retrospective and does not apply to offences committed before the Bill comes into force. The clause also specifies the short title of the Bill, and provides for the Bill to extend to England and Wales. Animal welfare is a fully devolved matter, as many Members know. However, in this case the Welsh Government have confirmed that the maximum penalty should also apply in Wales, and the Bill is drafted on that basis. The Welsh Government are preparing a legislative consent motion so that the Bill can be extended and applied in Wales.

It is the Government’s view that the subject matter of this Bill is considered to be within the legislative competence of the Scottish Parliament and the Northern Ireland Assembly. I have commended Northern Ireland for having already set the maximum penalty for animal cruelty offences at five years’ imprisonment in August 2016, and I am pleased that the Scottish Government have announced their intention to do so as well. This country has some of the highest animal welfare standards in the world, but our maximum penalties are currently among the lowest. An increase to five years’ imprisonment should be introduced to enable the courts to have more appropriate sentences at their disposal for the most serious crimes of animal cruelty, and to reinforce our position as a world leader on animal welfare.

The Government are pleased to be taking forward this positive step on animal welfare. Just a month ago, we introduced a ban on third-party sales of puppies and kittens, and we have introduced mandatory CCTV in slaughterhouses. The Bill follows the previously mentioned passing of Finn’s law and we are also demonstrating the importance of the value of wild animals with the Wild Animals in Circuses Bill progressing well through the other place. The Animal Welfare (Sentencing) Bill is a fundamental step in ensuring that we have an appropriate response to those who inflict deliberate suffering on innocent animals and, for the reasons I have set out, I commend the Bill to the House.

Wild Animals in Circuses (No. 2) Bill

Debate between Jim Cunningham and David Rutley

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019 Commons Chamber

[David Rutley]

We have worked closely with the BVA and I am really pleased that it has welcomed the steps we have taken. I agree that it has put forward some compelling arguments and I am pleased it recognises we are able to deliver on them. Again, we are seeing collaborative working relationships across Parliament with the welfare groups to get the proposed legislation through. It has taken time—more time than any of us would have liked—but it is now moving forward.

[Mr Jim Cunningham (Coventry South) (Lab)]

The Minister said that 95% of people responded to the previous Government’s consultation. What does that mean in numbers, so the House can have a good idea of how many people were actually consulted?

[David Rutley]

That is a fantastic question—a terrific question—which I know the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Suffolk Coastal (Dr Coffey), with her encyclopaedic knowledge, will be answering in a little time. It will be worth waiting for. I know the hon. Gentleman asked me the question, but we will get that answer in just a little while. Joking aside, the important point was that 95% of respondents wanted the ban. That is the key point. Society has moved on and this is not appropriate activity.

In terms of the next milestone, I have already talked about the important Backbench Business that was put through unopposed by my hon. Friend the Member for The Wrekin, calling on the Government to introduce a ban on the use of wild animals in travelling circuses. In response, in March 2012, the Government announced they would pursue a ban, with licensing regulations introduced as a temporary measure. In April 2013, the Government published the draft Wild Animals in Circuses Bill for pre-legislative scrutiny, leading to subsequent attempts, by the hon. Members mentioned in my introduction, to introduce the Bill via the private Members’ Bill route.

There are now only 19 wild animals left in travelling circuses. That is a low number, but the BVA captured the importance of the Bill when it said that a ban is emblematic of how we should be treating animals in the modern world.

Oral Answers to Questions

Debate between Jim Cunningham and David Rutley

Thursday 7th June 2018 Commons Chamber

[Mr Jim Cunningham (Coventry South) (Lab)]

7. What plans his Department has to limit the environmental effect of fracking.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)]

DEFRA and the Environment Agency take the environmental risks associated with oil and gas exploration very seriously. We have a robust regulatory regime, drawn from global best practice and more than 50 years’ experience of regulating the onshore oil and gas industry safely in this country. The Environment Agency will issue a permit only if it is satisfied that any risks to people and the environment can be effectively managed.

[Mr Cunningham]

Given that lots of people are concerned in certain areas where fracking can happen, what is the Minister doing to hold meaningful discussions and involve them in the decision making, so that they feel that their voice has been heard?

[David Rutley]

As always, the hon. Gentleman asks an insightful question. Our regulatory regime currently lets local residents have their say on two stages in the environmental permitting process: when the application is received by the Environment Agency; and at the draft decision stage, before the permit is finalised. A public consultation takes place once the planning application has been permitted. On 17 May, the Secretary of State for Business, Energy and Industrial Strategy and the Secretary of State for Housing, Communities and Local Government set out that they would be strengthening community engagement further by consulting in due course on the potential to make pre-application consultation a statutory requirement.