Animal Welfare (Sentencing) Bill

John Redwood Excerpts

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

[Sir David Amess (Southend West) (Con)]

It is a pleasure to follow the hon. Member for Penistone and Stocksbridge (Angela Smith), who has been a consistent champion of animal welfare since the moment she was elected to this House.

Hooray—Parliament is doing something! At long last we are making it worth while to come here. Colleagues should recognise that this is a broken Parliament. Why is it broken? Because we had an ill-advised general election, which my party obviously decided to hold. It was a disastrous result from my party’s point of view. We lost our majority and cobbled together some sort of alliance with the Democratic Unionist party. It has taken the business managers, who have come and gone over the past two years, a long time to get a grip on what to do in this sort of Parliament. At long last, they seem to have realised that there are things we can do. The Chief Whip has just disappeared, but one of his colleagues is on the Treasury Bench. I say to the business managers: if my party is struggling with a legislative programme for the new Queen’s Speech, why not consult the hon. Member for Southend West? I have a whole range of measures on which I think we could get some sort of cross-party support. Our constituents are very frustrated about the situation. If we are not going to have a general election, we cannot just keep on discussing meaningless motions. We have to get on and do something, and we could do a whole raft of things that could improve the quality of life in this country.

There is no point in our legislating on anything unless we enforce the legislation, so I was puzzled by the exchange earlier when my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) challenged my hon. Friend the Minister about cruelty to tethered horses. I listened to an Adjournment debate led by my right hon. Friend the Member for Harlow (Robert Halfon) on that very same issue. It is a puzzle to me, because in 1988, through a ten-minute rule Bill that became an Act of Parliament—the noble Lord Hogg was the Minister at the time—we got on to the statute book an Act to stop horses, ponies and donkeys being cruelly tethered and to make sure that they were properly watered and fed. For goodness’ sake, what has happened to that Act of Parliament? I realise that the longer we are here —I will come to the point made by my hon. Friend the Member for North Herefordshire (Bill Wiggin) in a moment—the more we are forgotten, but that is an Act of Parliament. If we have the law already, it is no good people jumping up with suggestions; we need to do something. We need to enforce the law that already exists, so I hope that my hon. Friend the Minister will do something about that.

[John Redwood (Wokingham) (Con)]

Does this measure not try to address that very point? We are all extremely frustrated that a good law is not being properly enforced; this measure might help.

[Sir David Amess]

My right hon. Friend, who has years of wisdom and experience, is yet again absolutely right. My hon. Friend the Member for North Herefordshire (Bill Wiggin) mentioned the fact that had he been listened to in 2006, the measure we are discussing would have already happened.

I am not going to fall out with the Opposition, but the hon. Member for Workington (Sue Hayman) has heard me say before that when the new Labour leader became Prime Minister in 1997, he and his team consulted a huge range of animal charities, and there was, over Labour’s 13 years in government, some disappointment about the failure to deliver. That is except for one issue, on which I might fall out with one or two colleagues, and that is foxhunting. I have always felt—in those days, there were just four or five of us—that the Labour party did a good thing on foxhunting. However, I absolutely empathise with my hon. Friend the Member for North Herefordshire in respect of those 13 years.

--- Later in debate ---

[Anna Turley (Redcar) (Lab/Co-op)]

It is always a pleasure to follow the hon. Member for Southend West (Sir David Amess). There is a rare outbreak of consensual agreement across the Benches today, which I am proud to be part of.

All of us who are speaking in the Chamber today are speaking on behalf of those who do not have a voice. We are speaking on behalf of those whom it is our human duty to protect, to feed, to care for and to love. In particular, I speak today on behalf of Baby the bulldog and of Scamp the dog and, of course, of so many other animals who have met their sad end at the hands of humans. They should have been nurtured, stroked and loved, but instead they were ultimately abused and then killed.

I am very glad finally to have the opportunity to speak to this Bill, which has, as has been said, been a long time coming. I was proud to spend the night in Parliament in July 2016, as I queued for a private Member’s Bill that was pretty much, word for word, the Bill that we have here today, and I am so pleased to see it here in paper. That Bill sought to increase the maximum sentencing for animal cruelty from six months to five years, building on a lot of work that had been done in the past, but sadly, that Bill was objected to by the Government Whips and never made it to Second Reading, and then ultimately fell with the onset of the 2017 general election. Of course, I am delighted that it is here, and I will not hold what happened against the Government. A few months later, I am delighted to say, they saw sense and announced support for the policy, and here we are today.

The change in law has been a long time coming. For too long animal abusers have been getting away with a slap on the wrist, and this Bill will finally, I hope, bring justice for the thousands of animals who have suffered human cruelty. Like the hon. Member for Southend West, I did not come to Parliament expecting to champion animal cruelty. It was an incident of the most horrific cruelty in my constituency that caused me to understand the scale of what is happening around the country, and made me determined to make a difference and to change things. I apologise for some of the graphic details that I am about to share, but it is really important that we understand the reality of what is happening, and has happened, in the country and what has driven us to bring about this change in law today.

Baby was a small bulldog who was cruelly abused by Andrew Daniel Frankish in Redcar. Baby was held aloft by Andrew Frankish at the top of some wooden stairs before he repeatedly threw her down them, laughing as his brother filmed it. Baby was completely submissive throughout the episode, not even making a noise as she landed on the stairs, bouncing to the foot them and crashing through a baby gate to the floor. Her neck was stamped on and she was thrown to the floor with force over and over again. Her small chest was jumped on with the full body weight of one of the Frankish brothers.

One of the men said, “See if we can make it scream any more. We should throw it down the stairs by its ears,” before picking her up, throwing her against the wall, headbutting her twice and throwing her down the stairs again. Baby was tortured and beaten by those who were supposed to care for her. The whole horrible ordeal was filmed by the brothers for their entertainment, and they are heard laughing on the mobile phone. Baby should not have had to suffer that horrific abuse, but she did, and sadly was put down shortly afterwards. The evidence was found two years later on a mobile phone that happened to have been dropped on a supermarket floor; but for that, those two young men would never have been brought to justice.

We would hope that Baby would have seen justice after what she had been through, but sadly not. Despite the hard work of the police, the RSPCA and all those who gave evidence, the brothers were convicted of causing unnecessary suffering to her by subjecting her to unnecessary physical violence—an offence under the Animal Welfare Act 2006. But she was let down because the two brothers received a suspended sentence, just six months’ tagged curfew and £300 in costs. No one in this Chamber or the country can possibly feel that the justice system did its job that day.

That was when I decided to try to amend the law to ensure that sentences fit the crime in horrific cases such as this, and I was pleased to present my Animal Cruelty (Sentencing) Bill two years ago. During the progress of that Bill, another horrific incident in my constituency made the case for a change in the sentencing law even more pressing. A small dog named Scamp was found buried alive in woods near Redcar with a nail hammered into its head. The perpetrators pleaded guilty to offences under the Animal Welfare Act and were sentenced to just four months—not enough time for reflection, punishment or rehabilitation.

[John Redwood]

I thank the hon. Lady for bringing these horrendous stories to the attention of the House; they are very powerful in making the case that we all want to make. I thank her for what she is doing.

[Anna Turley]

I really appreciate that sentiment; that was very decent of the right hon. Gentleman. So often these cases bubble up in the media but then disappear. If this place is for anything, it is for responding to situations such as this and acting. I am proud that we are all here today to do that.

Scamp, as I said, was found buried alive. The people of my constituency were horrified by the two cases I have mentioned. I pay tribute to their response. Vigils were held in my community for those animals. Hundreds of people came to lay flowers and candles and to send out the message, loudly and defiantly, that the perpetrators do not represent our community. They do not represent the people of Redcar, who are decent and kind and love animals. But the people are angry: they feel that the criminal justice system has let them down, as do the majority of people across our nation of animal lovers.

On researching how these crimes could have resulted in such impossibly lenient sentences, I was astonished to find that the maximum sentence for any form of animal abuse is just six months’ custody. Incredibly, that has not changed since the Protection of Animals Act 1911, which was introduced, essentially, to make it an offence to override or overload animals pulling loads on the street or in pits. The law is lagging a century behind. If we are to continue declaring ourselves to be a nation of animal lovers, this Bill is necessary to send a loud and clear message that we take animal cruelty seriously.

I join others in paying tribute to the animal welfare organisations that have supported this campaign and for their efforts—day in, day out—in saving and protecting animals and investigating crimes. Specifically, I would like to thank the RSPCA, the Dogs Trust, Battersea Dogs & Home and the League Against Cruel Sports. I also thank the wider public for their contribution to the progress that the Bill represents. Colleagues across the House will have been lobbied by many of their constituents who have passionately held views on the need to protect animals and ensure that sentencing is a proportionate punishment.