Snares

Jim Fitzpatrick Excerpts

Thursday 21st July 2016 Commons Chamber

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

May I begin by congratulating my hon. Friend the Member for Lewisham West and Penge (Jim Dowd) on making a very strong case in support of the motion? I am usually pleased to follow the hon. Member for The Cotswolds (Geoffrey Clifton-Brown). He was making an argument, but sadly he ran out of time and we did not get to hear whether his case was as strong as that made by my hon. Friend. It certainly did not appear to be from where I am sitting.

I thank the League Against Cruel Sports, the Royal Society for the Prevention of Cruelty to Animals and the National Farmers Union for their briefings for this debate, and I especially thank Nikki Sutherland and Oliver Bennett from the Library for their very useful briefing to Members.

The RSPCA writes:

“In 2005, Defra introduced a Code of Practice on the use of snares. The Code sets out best practice in the use of snares, including guidance on where and how to set snares for different species and possible steps to take to avoid trapping ‘non-target’ species. It should be noted that compliance with the Code is voluntary and a 2012 report produced for Defra found that although awareness of the Code was very high (eg 95% of gamekeepers and 65% of farmers) the levels of compliance with the best practice it contains was very low.”

That was one of the strong arguments made by my hon. Friend the Member for Lewisham West and Penge.

The League Against Cruel Sports writes:

“The League believes that snaring is terribly cruel, indiscriminate and wholly unnecessary and leads to untold suffering and horrific deaths for wild, domestic and farm animals throughout the country…Most snares are used by gamekeepers to protect quarry, which are bred and protected to act as targets for blood sports.”

That is not the same as the farmer argument that we have heard previously.

I apologise to the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Suffolk Coastal (Dr Coffey), for not welcoming her to her new position when I opened my speech. I did not get a chance to do so during yesterday’s sitting of the Environment, Food and Rural Affairs Committee, because I was not there for all of her evidence, but I wish her success in her new job. Will she respond to the point made by the League Against Cruel Sports that most snares are set by gamekeepers, not farmers?

The League Against Cruel Sports states that the 2012 DEFRA report on snaring

“confirms that it is not possible for snares to be species specific and that non-target animals are still captured, even when the code of conduct is strictly adhered to…It is not possible to regulate the use of snares through a non-statutory code, as adherence to the code is low and there is no incentive for operators to obey it…It is clear that due to the cruel, unnecessary and indiscriminate nature of snares, primary legislation is the only viable option to ban their use.”

Will the Minister comment on that?

Not surprisingly, the NFU—an organisation for which I have high regard—says that

“the use of snares for fox and rabbit control is an essential part of wildlife and conservation management,”

and that

“in certain situations they can be the most humane method of pest control.”

As my hon. Friend has said, however, this issue is not so much about control and then humane destruction, but about animals dying in snares and not being dispatched as humanely as everyone would want them to be.

The Library briefing states:

“Snares are commonly used in the UK to catch certain animals prior to their killing. They can be legally used, subject to certain conditions, to catch animals including foxes, rabbits, rats and grey squirrels.

While snares can restrain animals without causing injury, they have the potential to cause injury and death”,

as my hon. Friend has said. The briefing also repeats another point that he made:

“They can also catch non-target animals such as badgers and cats. Their use is therefore controversial.”

To save time, I will not refer to the additional regulations for Wales and Northern Ireland, because my hon. Friend has covered those, but the briefing goes on to note:

“In recent years Scotland has tightened regulations on snares beyond the situation in England and Wales. Snares must have safety stops fitted and users are required by law to now attend a training course and register for a personal identification number. This ID number is required to be displayed on all snares which are set.”

[Margaret Ferrier (Rutherglen and Hamilton West) (SNP)]

Snare users in Scotland are required to have approved accreditation and must receive a personal identification number from the police, so snaring without an ID number is an illegal activity. Does the hon. Gentleman agree that that prudent measure should be implemented south of the border?

[Jim Fitzpatrick]

My hon. Friend the Member for Lewisham West and Penge has also made that case, although obviously we would prefer a complete ban on these things. It has been demonstrated by the devolved Assemblies and the Scottish Government that improvements can be made to the present situation in England and Wales. I am certainly impressed by the fact that each snare has to have an ID number and that, where it can be proven that snares are not being used in the way in which people have been trained to use them, the number can be used to trace the person involved. That is an additional safeguard.

In conclusion, my hon. Friend has made a very strong argument for a complete ban on snares. Even if the Government do not accept that argument, there is also a very strong case, as the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) and I have just agreed, to amend regulations in England. Internationally, we appear to be in a small minority of countries. Northern Ireland, Wales and Scotland have all seen fit to move on this issue, and I hope the Government will tell us that they agree with the devolved Assemblies, and that they will improve the situation and move towards, I hope, a full ban. I look forward to hearing the Minister’s response in due course.

--- Later in debate ---

[Kerry McCarthy (Bristol East) (Lab)]

I congratulate my hon. Friend the Member for Lewisham West and Penge (Jim Dowd) on securing this debate, which is long overdue. I can only apologise for the fact that I was not able to hear all of his speech, because I was otherwise occupied. As a former vice-president of the League Against Cruel Sports, I pay tribute to the league’s tireless work to expose the cruelty associated with the use of snares, and to the many constituents who have contacted me to call for a ban. As has been said, 77% of the public support a ban.

Free-running snares—the supposedly humane option—can, as we have heard in graphic and horrific detail, strangle trapped animals or cut through their fur, muscle and bone. Snares are meant to be checked daily, but often they are not, so animals die from exposure, from dehydration, or because they have been rendered defenceless against predators.

The League Against Cruel Sports reports that 69% of animals caught are not the target species. We have heard how hares, badgers and even cats and dogs can be caught in them. I saw pictures yesterday of Scottish wildcats—Britain’s rarest mammal—being killed in snares. It is illegal under the Wildlife and Countryside Act 1981 to set a trap or snare intended to injure a protected animal such as a badger, otter or red squirrel. It cannot be right that people can escape prosecution simply by arguing that they lacked the intention to catch those animals, when the likelihood of a protected animal, rather than the intended targets, being caught is so high.

Other countries have managed to ban snares. The UK is one of only five countries in Europe in which snares are completely legal. In countries where snares are not banned outright, such as Spain, the Netherlands and Sweden, their use is much more tightly regulated. We are always hearing from the Government that the UK leads the way in animal welfare, that we have much higher standards than anywhere else and that we are the best in the world. I wish that that was true. Iran has just banned wild animals in circuses, for example; we cannot even do that. Although we have much to be proud of, we need to recognise where we are not leading the way, and where we could take lessons from other countries.

[Jim Fitzpatrick]

My hon. Friend just mentioned a ban on wild animals in circuses. At least we won that argument. The Government accepted it, and it was a Conservative manifesto promise in the 2015 general election. We hope that the Government will deliver on it by 2020, but does she agree that the sooner they do so, the better?

[Kerry McCarthy]

As I will come on to say later, the Government have a track record of not acting on such things, even when they have notionally accepted the evidence and said that they will act.

The British Association for Shooting and Conservation, which I have met to discuss a range of issues, disagrees. It states that snares are

“an important tool for conservation and food security”.

I accept that farmers have a right to control predators, but that should not mean that we cannot look at whether there are more humane, effective ways of doing so. On conservation, the RSPB accepts there is sometimes a need to control foxes, but it has not found the need to resort to the use of snares on its reserves. Indeed, the RSPB will tell us that fox snares are known to kill capercaillie, the large woodland grouse that is at risk of extinction. Neither the Wildlife Trusts nor the Woodland Trust use snares. Utility companies, local authorities, Network Rail, Natural England, Highways England and the Forestry Commission all manage their land without using snares for pest control.

Despite the best efforts of the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) to convince us that this is just about farming, we know that snares are mostly used on shooting estates. Snares are used to trap natural predators, in their natural habitats, in an often barbaric fashion. The birds are spared death by fox only to be shot by humans, in almost unimaginable numbers, not for food or conservation but for sport—as Chris Packham would say, not sport but slaughter.

We are here to discuss a ban on snares, not wider issues around shooting. However, I want to put on record the fact that, to date, more than 62,000 people have signed Dr Mark Avery’s petition to ban driven grouse shooting, supported by conservation experts such Chris Packham and Bill Oddie. They are concerned about the persecution of hen harriers, the environmental damage caused by heather burning and the increased flood risk caused by grouse moor management, as well as the use of snares. Those are serious, legitimate concerns, which Ministers should be working with conservationists and shooting estates to address, but the Government have so far only given a complacent, dismissive response, which verged on the rude, to the public petition.

There is also the issue of lead ammunition. There are viable alternatives to lead shot but, despite that, the Government have shelved the report of the lead ammunition group, which was submitted more than a year ago. There are concerns about the welfare of the millions of pheasants and partridges reared in cramped cages every year purely for the purpose of shooting. The last Labour Government introduced a code of practice and commissioned a study on cage-based breeding, but the coalition Government withdrew the code and failed to publish the review’s findings.

A similar picture emerges when we look at efforts to address the flaws in the use of snares. As has been said, the previous Labour Government published a code of practice some 11 years ago. Subsequent research for DEFRA was concluded in 2010, but it took the coalition Government two years to publish it and nothing has been done. Some four years after the report came out, the then DEFRA Minister could tell Parliament only that

“officials worked with stakeholders to explore options in light of the report’s findings. We are considering options and will make an announcement in due course.”

Last year, the League Against Cruel Sports documented evidence of animals found dead in snares and of pits filled with carcases to lure foxes into snares that were placed along the edge, in violation of the code of practice. There is a clear need to act, but the Government do not seem willing to do so.

The same thing has happened all too often with animal welfare issues under this Government. We have talked about wild animals in circuses; on that and on many other issues, the Government have been too slow to publish research, failed to commission reviews that would give them the evidence necessary to support the policy, and dismissed expert advice, as we have seen with the badger cull. We can only conclude that neither animal welfare nor evidence-based policy is a priority for the Government; that Ministers are in thrall to vested interests and allowing their own ideological aversion to any form of intervention or regulation to hold sway; and that preventing unnecessary suffering is simply not something they care about.

Given the new Secretary of State’s enthusiasm for repealing the foxhunting ban, I fear that today’s debate may not meet with her approval. The Minister, whom I congratulate on her appointment, supported efforts last year to weaken the hunting ban, which is disappointing. I hope that on this issue she will prove more receptive. I hope that she does not stand before us today and tell us that the code of practice is working. From all that I have heard today from my hon. Friends, and from all that I have read and watched in recent days—that has included video evidence of the graphic slaughter of these animals—it seems all too obvious that the voluntary approach and code of practice are not working, and that very little progress has been made. Unless the Minister is very persuasive today, I believe the obvious conclusion is that a ban is necessary.

--- Later in debate ---

[Dr Coffey]

I thank my hon. Friend for his kind words. I would just ask him to be patient and wait a few minutes.

Returning to the recognition that snares are capable of causing injuries, the Wildlife and Countryside Act 1981 prohibited the use of inhumane self-locking snares. I recognise what the hon. Member for York Central said: that they are accepted to be in law mechanisms that tighten and cause asphyxiation. The 1981 Act requires trappers to check their snares at least once every 24 hours. Hon. Members will also be aware that the Act prohibited the use of snares to take certain species, including badgers, otters, red squirrels and hedgehogs. The Deer Act 1991 offers similar protection to any deer. Under the Animal Welfare 2006 Act, there is a legal responsibility to prevent unnecessary suffering to any animals under human control, including any animal restrained in a snare.

The hon. Member for Lewisham West and Penge refers to the inefficiency of snaring, but I am not aware that he has suggested other methods that would be more efficient in wildlife management. I recognise that the hon. Member for York Central referred to several alternatives, including chemicals. As yet, I am not aware that they are shown to be more efficient or effective. My hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) referred to efficiency. I think that is borne out, although I recognise some of the issues addressed.

The hon. Member for Lewisham West and Penge and other Members referred extensively to the 2005 code of practice issued by DEFRA, and to the 2012 study. He mentioned a number of issues he would like to see addressed. That is a view shared by many people. Land management organisations and gamekeeping associations around the country have developed a new code of best practice on the use of snares for fox control in England, which would also be suitable for the control of rabbits. Designed and written by a number of stakeholders, including the British Association for Shooting and Conservation, the National Gamekeepers Organisation, the Game and Wildlife Conservation Trust, the Moorland Association and the Countryside Alliance, of which I note the hon. Member for Strangford (Jim Shannon) is a member, this new guidance builds on the previous DEFRA code of practice, but draws on reliable research conducted by the Game and Wildlife Conservation Trust by setting out principles for the legal and humane use of snares.

The capture of non-target species can be reduced by appropriate setting, taking into account the behaviour of the target animal. The new code of practice emphasises this very clearly, stating that if non-targets are likely to be caught, snaring should not be used. Improvements in snare design mean that it is far more likely that non-target species, even if caught, can be released unharmed.

My hon. Friend the Member for The Cotswolds talked about well-designed snares and started to explain, before he was cut off in his prime, how best practice can tackle a lot of these issues—a point reinforced by the hon. Member for Strangford. The hon. Member for Poplar and Limehouse drew attention to the fact that snares are mainly used by gamekeepers, rather than farmers. I would point out that snares are used by different groups, including gamekeepers and farmers. These different groups operate in very different environments and have different pressures. Snares are often the most appropriate mechanism for gamekeepers. Upland areas have a different habitat and environment, with more unrestricted areas than farmland.

There have been many references to practices in Scotland and the Welsh code, which the hon. Member for Neath (Christina Rees) said should be made statutory. I think we should give the new code of practice, which I understand is very similar to the Welsh code, a chance to come into effect before even considering any further regulation.

If people do not believe the law is being enforced they should report such incidents to the police. Many forces have rural and wildlife crime units. The hon. Member for Poplar and Limehouse said that the wild animals in circuses prohibition will be delivered in this Parliament. I point out gently to the hon. Member for Bristol East that the Labour Government were in power for 13 years and the Ministers of the day were not persuaded to legislate on a ban.

[Jim Fitzpatrick]

I would not want the Minister to inadvertently mislead the House. After the Animal Welfare Act 2006 was passed, proposed legislation on circus animals was left to one side. Between 2007 and 2009, the Labour Government were persuaded of the case and the 2010 Labour party manifesto committed to legislating on wild animals in circuses. The lobby was successful, but she is correct that at that point we did not have time to legislate.

[Dr Coffey]

The hon. Gentleman is right. I am not questioning what was in his manifesto, but his party was not re-elected in 2010. I was referring to the practice of snares, rather than wild animals in circuses.

I am confident that the new code will improve the situation. It is different from the 2005 code, in that the new code has been designed and owned by the sector, rather than Government—although we have, of course, brought people to this place and had conversations. By showing leadership in this area, the sector will undoubtedly have more success in promoting good practice with their members and changing behaviour than the Government could achieve on their own. I cannot announce today exactly when the code will be published, but I am confident it will be very soon. I am on day four in this role as a Minister. I am really looking forward to the code’s being published and put into practice.

We have had an excellent debate. It is crucial that we all take responsibility and continue to work together to ensure that best practice is recognised, shared and followed by everyone who uses snares. We support measures that improve animal welfare, including the new code of practice. We are all looking forward to its being published very soon.