Harvey’s Law

Debate between John Hayes and Natascha Engel

Monday 2nd March 2015 Westminster Hall

[The Minister of State, Department for Transport (Mr John Hayes)]

It is a delight to serve under your stewardship, Mr Rosindell, and I congratulate the hon. Member for Halton (Derek Twigg) on securing the debate. I think that I am right in saying that it was 10 years ago this month, Mr Rosindell, that the late Lady Thatcher visited Romford and met Buster, your beloved dog, in his St George’s cross coat. What more fitting time to serve under your chairmanship than in this important debate?

Affection takes many forms. Homes are bound by ties, and the love that in families dwells is, in my judgment, enhanced and embellished—no, more that that: deepened—by the affection felt for domestic animals. The atmosphere engendered by pets in any home and the mood they generate changes families and changes life. They teach us to regard what God made in a different way; they challenge our certainties; they oblige sensitivity in all but the most inane; and they soften all but the hardest of hearts. As all hon. Members who have contributed to the debate have said, it a matter of uncertainty whether we own them or they own us. One of my favourite poets, T. S. Eliot, said:

“When a cat adopts you there is nothing to be done about it except put up with it until the wind changes.”

When we are adopted by our pets, we understand that affection—that deepening love.

It is in that context that we come to this debate, which was stimulated by the response of the Backbench Business Committee to a campaign that was being run on the basis of the loss of a much loved pet. I am delighted that so many hon. Members have contributed to the debate and that others from that campaign are here to witness it.

People’s distress after the loss of a pet has been made absolutely clear in contributions from throughout the Chamber, as the shadow Minister, the hon. Member for Birmingham, Northfield (Richard Burden), said, including from my hon. Friend the Member for Ealing Central and Acton (Angie Bray), the right hon. Member for Knowsley (Mr Howarth), my hon. Friend the Member for Colne Valley (Jason McCartney), the hon. Member for Denton and Reddish (Andrew Gwynne), my hon. Friend the Member for Pendle (Andrew Stephenson) and others.

It is important that I pay due regard to those contributions by setting out the circumstances that have led to the debate and underpin what has happened so far. As the Opposition spokesman said, the Highways Agency network management manual of 2009 sets out procedures for notifying owners of dogs that are killed on the strategic road network for a number of Highways Agency contracts in various parts of the country. Those contracts are being phased out and replaced with asset support contracts, which are underpinned by a new type of technical requirement: the asset maintenance and operational requirements. The document relating to those requirements details certain points to which our regional asset support contract service providers must adhere.

Requirements are outcome-based as far as possible and require the service providers to take risk-based, intelligence-led approaches to optimise their delivery. That has led to a change in the approach to dealing with canine fatalities across the strategic road network, as the replacement contract maximises efficiency. As has been made clear, new contracts no longer mandate that canine fatalities are scanned or identified, or that the owners are contacted. I know that the current position must be hugely disappointing for all animal lovers and pet owners alike.

I should like to clarify details of the statement made in response to the Harvey’s law e-petition upon its reaching 10,000 signatures, which described the standards set out in the network management manual. In my judgment that response was unclear, because it did not accurately reflect the Highways Agency’s changing approach to dealing with these fatalities. As soon as I heard about that, I asked for an urgent review. It is regrettable that that was not properly explained. So, I should like to clarify that the new contract was in operation in the area where Harvey the dog was collected. With regard to that sad occurrence, I understand that Harvey escaped when staying with the owners’ friends, which must have been heartbreaking for all involved.

Although the agency’s previous mandatory policy for dealing with canine fatalities is as I have described, it is still the contractor’s responsibility to follow their own processes and procedures. In this case, the contractor collected Harvey’s remains and transported them to a depot. A dog collar was located, but no tags were attached that could have enabled contact to be made with the owner. A scanner was used to attempt to locate a microchip, but sadly this was unsuccessful. The north-west motorway police group was asked whether any dogs had been reported as missing, but a negative response was received. Harvey was cremated and the ashes scattered in the cemetery.

Some weeks later, a Highways Agency traffic officer involved in collecting a dog from the carriageway came across a missing dog poster at a motorway service area and kindly contacted the owner to inform them of what had happened.

Not only are Highways Agency staff put at risk when trying to retrieve animals to reunite them with their owners, but any animal that escapes on to the network is a problem for drivers, who will take evasive action, which may result in a traffic collision involving potential casualties. It is important to note that due to the high speeds on the strategic road network, there is always a risk that a disc, microchip or other identifying mark will be lost in an incident. Because of the severity of accidents and the speeds involved, it is impossible to guarantee that remains can be fully identified in all cases.

The priority of Highways Agency traffic officers is to ensure safe journeys for road users. Nevertheless, when officers attend incidents involving stray or carried animals involved in collisions, they must deal with such incidents humanely and with compassion. Such incidents are distressing for all concerned. With the agency’s forthcoming transformation to Highways England and the surety of the funding and increased investment detailed in the roads investment strategy, there is an opportunity to focus more on the service that the agency delivers to its customers.

[Natascha Engel]

All we are asking for is that anyone who finds a dead animal passes the scanner over it to see whether it is chipped. It is a straightforward procedure; there is nothing complicated about it. The Minister is making it sound like it is enormously complicated, but it is not.

[Mr Hayes]

I am coming to my exciting peroration, and the hon. Lady will, I hope, be pleased with what I have to say. Although it is not possible to identify all animals or pets that are very badly injured or killed in high-speed accidents, it is absolutely essential that every possible and practical measure is taken to identify them and to contact their owners whenever and wherever possible. That involves working with relevant pet registration organisations, including the Kennel Club, and using any means by which the animal might be identified. As the hon. Member for Halton said, that aligns well with the amendment to the Animal Welfare Act 2006, which will make it compulsory to microchip all dogs from April 2016. As he argued, it would be ironic and contradictory not to rethink the practice highlighted by the campaign that followed Harvey’s death. I have therefore asked the Highways Agency to ensure that it collects and identifies every animal that is killed and to contact the owners by whatever practicable means, but I want to go further than that.

Oral Answers to Questions

Debate between John Hayes and Natascha Engel

Monday 15th November 2010 Commons Chamber

[Natascha Engel (North East Derbyshire) (Lab)]

10. What assessment he has made of the likely effects on levels of participation in post-16 education of the withdrawal of education maintenance allowance.

[The Minister for Further Education, Skills and Lifelong Learning (Mr John Hayes)]

We are committed to making sure that young people participate in education and training until they are 18. We will replace EMA with a fund that can more effectively target young people who actually need the support to enable them to participate.

[Natascha Engel]

We all know that scrapping EMA, as well as the Government’s change of heart on tuition fees, will adversely impact the poorest children. What proper guarantees will the Minister give us that children from poorer backgrounds will not drop out of education just because they cannot afford it?

[Mr Hayes]

Let us look at the details a little more, because the hon. Lady will wish to do so. The figures and the evidence show that we are spending more than £560 million to pay 650,000 young people to incentivise them. Only 10% of those young people need that to enable them to participate in learning post-16. That means that the Government have spent £9,300 each year for every additional young person whom EMA has supported to participate. We simply want to spend that money more wisely on the very people the hon. Lady champions.