Animal Welfare (Sentencing) Bill

John Spellar Excerpts

2nd reading & 2nd reading: House of Commons
Friday 23rd October 2020 Commons Chamber

[Chris Loder]

I thank my hon. Friend for his intervention. We have in excess of 1 million reports to the Royal Society for the Prevention of Cruelty to Animals of difficulties with animals or the mistreatment of animals. It results in fewer than 100 ultimate prosecutions, so that, further to the point made by the right hon. Member for Alyn and Deeside (Mark Tami), clearly indicates that the area of animal welfare needs much more attention, and particularly the enforcement point, as I shall come on to in my speech.

I am pleased to say that the Bill introduces one of the toughest punishments in the world and will bring us into line with the maximum penalties available in other Commonwealth countries, including those in Australia, Canada, New Zealand and India, which are all at five years’ imprisonment. With this Bill, we will lead the way in Europe on animal sentencing, where the average custodial sentence for animal welfare offences is currently just two years. It is a simple, yet vital measure that will ensure perpetrators who harm an animal by, for example, causing unnecessary suffering, mutilation or poisoning, face the full force of the law. That includes cases of systematic cruelty, such as the deliberate, calculating and callous behaviour of ruthless gangs who use dog fighting to fuel organised crime. The Bill will mean that the courts will have sentences at their disposal commensurate with the most serious cases, so that the punishment fits the crime. This will send a clear signal.

[John Spellar (Warley) (Lab)]

Like others, I congratulate the hon. Member on bringing forward this very important Bill. He touches on something very important: the link between these crimes and other criminality. Should it not be reinforced by Government to police forces and prosecutors that those who break the law break the law and, therefore, there should be many more prosecutions, because in many cases, these people are also involved not only in other crime, but, actually, in cruelty, particularly to children and other human beings?

[Chris Loder]

I wholly agree with the right hon. Gentleman that those who break the law and who carry out crimes, whatever those crimes may be, should feel the full force of the law. I am delighted that the Government support the Bill, and many other measures to tackle those crimes, to address that point.

The Bill will mean that the courts have sentences at their disposal commensurate with the most serious cases so that the punishment fits the crime. That will send a clear signal to any potential offender that there is no place for animal cruelty in this country.

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[Chris Loder]

I wholly agree with the hon. Gentleman on that. Part of the reason this Bill needs to be put forward is that the support from the organisations that specialise in animal care, such as those I have outlined, will increase the publicity of this much more. I invite all Members, both those here today and those who are not, and everybody watching on television, to support the case and make sure that this is well known.

We now have an opportunity to deliver a strong message to animal abusers that their behaviour will no longer be tolerated. When this Bill is passed, they can expect those tougher sentences. The increase in the maximum penalty for animal cruelty will be the first increase for such offences in more than 30 years, since another private Member’s Bill, from the then hon. Member for Ealing North, increased the maximum from just three months’ imprisonment and a maximum fine of just £1,000. I know that this House contains many hon. Members who have spoken up for animal welfare over the years, and I am sure we will continue to do so again. I hope that with the support of hon. Members from across this House this Bill will reach the statute book and make a real difference by reducing the instances of animal cruelty, as the hon. Gentleman highlighted.

Although this Bill will go some way to correct the deep injustices of cruelty to animals across this country, there are many aspects of animal cruelty that it does not address. I am sure Members on both sides of the House will speak about other areas of priority for animal welfare, such as addressing pet theft and the right to keep family and pets together no matter what the accommodation arrangements. At that point, I should pay tribute to my hon. and dear friends the Members for Ipswich (Tom Hunt) and for Romford (Andrew Rosindell), who is not in his place. I should also thank my hon. and dear friend the Member for Redcar (Jacob Young), whose kind concern, support for the Bill and help I appreciate.

[John Spellar]

rose—

[Chris Loder]

If the right hon. Gentleman does not mind, and as I have given way once to him already, I would like to make a bit more progress.

I particularly look forward to when the Government will introduce legislation on animal sentience as well, a matter that has given the Select Committee on Environment, Food and Rural Affairs much cause for concern. I pay tribute to its Chairman, my hon. Friend the Member for Tiverton and Honiton, for his work and to its members who are present, especially my hon. Friend the Member for Keighley (Robbie Moore).

Two areas of animal welfare concern should be firmly on our list of priorities as the nation’s Parliament. The first is live animal exports. It is disgraceful that our well-cared-for farm animals can be loaded on a lorry and sent thousands of miles by land and sea to a destination in southern Europe. As if that is not bad enough, these poor animals go on to be slaughtered not even in continental Europe but in places such as Libya and Lebanon, as reported by the BBC a couple of weeks ago.

For those who believe that the National Farmers Union is on the side of animal welfare and that this Government are not, I say that it is this Conservative Government who want to stop live animal exports. Who is it that wants live exports to continue—for our cows and other animals to be subjected to a disgraceful level of care and slaughter, thousands of miles away from the United Kingdom? It is the National Farmers Union. Today I call on Members to ensure that this Parliament delivers on the Conservative manifesto pledge to stop live animal exports. Let us remind ourselves of how that pledge became possible.

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[Kerry McCarthy]

Well, the hon. Gentleman did thank the hon. Member for Redcar, and he did not mention Anna, but let us not quibble over it. She does deserve a lot of credit for her indefatigable campaigning on this issue, and I have to say with no offence to the current hon. Member for Redcar that I miss her in this place.

The Government never really explained why they would not support that Bill back in 2017, and then we got bogged down in the process of bringing in a joint sentencing and sentience Bill for pre-legislative scrutiny—the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish), is nodding away, because we both went through that process. It was basically all about the sentience side, and I would argue that it was about delaying the sentience side, which I will come on to later. There was no need for pre-legislative scrutiny of one clause that talked about sentencing.

We then debated another version of the Bill on 10 July 2019. I recall the Government saying then that it was really important to legislate as quickly as possible. The Bill went into Committee, and I was on that Committee. The Government wanted to get it done and dusted before summer recess, so they did not want to talk about any amendments or complicate things. There was a suggestion that there should be a more severe penalty for those who film themselves indulging in animal cruelty and post it online, partly as a deterrent, but also because such actions encourage other people to indulge in that behaviour. I must admit that quite a lot of 2019 is a bit of a blur to me. We did not know whether we were proroguing or nor proroguing, getting a Brexit deal or not getting a Brexit deal, having an election or not having an election.

That Bill did not become law either. The Government promised to legislate in autumn 2019, and then they called an election. I mean no disrespect to the hon. Member for West Dorset, but I do not see why, when this was in the Queen’s Speech, it has been left to a private Member’s Bill—it could have been Government legislation. I see the hon. Member for Southend West (Sir David Amess) in his place. He was here when we debated this in 2019, and he joined me in saying that there was so much of this legislation—the Wild Animals in Circuses Bill was another example—where the Government kept saying, “We really want to do this, but we just don’t have time to bring it forward.” But there have been loads of days when we have been on a one-line Whip, having general debates. We could have got this legislation through in one day, and then everyone could have taken part, and by now it would have been law.

Although the Government will seek to get a lot of credit for supporting this Bill now, it could have become law in 2017 when Anna Turley first proposed it. That means that we have had three years of light sentences for the very worst animal abusers and three years of not being able to send out a strong message to potential abusers that they would face five years’ imprisonment. That deterrent has not been there, and that is a great shame. Having said that, I welcome the fact that we are here now. I hope that the accelerator will be pressed and the Bill will get through Committee quickly and through the House of Lords, and perhaps by year end it will be law.

While we are talking about the messages that are sent out and the importance of a deterrent, I think that children should be taught about animal welfare in schools. Far too many people, and particularly young men, think that the way to treat a dog is to be very harsh with it, to abuse it and to almost beat it into submission, as if that is the way to train a dog. There are others who abuse animals because they find enjoyment in it. Discussing animal welfare at an early age—particularly for children from families that do not have pets—would be really important in instilling the right behaviour and helping people to understand what owning a pet is all about.

I would not want to do anything to delay the Bill, but I hope that reports of a far more comprehensive animal welfare Bill are true, because they have been kicking around for quite a while—I see the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Banbury (Victoria Prentis), smiling. Animal welfare is about a lot more than being nice to puppies or pets generally. There seems to be a focus on what I would describe as the low-hanging fruit, which is the “being nice to puppies” end of the spectrum. It is great that we have legislated for things such as Lucy’s law and trying to crack down on puppy farming, although I understand from Marc Abraham, who promoted that campaign through Pup Aid, that there are still some concerns about loopholes, so there is a new petition about the need to tighten that up. Finn’s law was a really good step. A petition on pet theft was discussed earlier this week in Westminster Hall, and there are also debates about ensuring that the law on microchipping is enforced.

[John Spellar]

My hon. Friend rightly mentions microchipping. It appears that there has been very limited enforcement of that by the police. Does she agree that the Home Office ought to give clear instructions to police forces that this is the law of the land and therefore they need to enforce it? I suspect that the police will find that the perpetrators are often subjects of interest in other criminal matters as well.

[Kerry McCarthy]

I thank my right hon. Friend for that intervention. He is absolutely right, and of course there is the whole question about how animal welfare is enforced at a local level and what resources that are made available. In the Environment, Food and Rural Affairs Committee, we have also debated the dangerous dogs legislation—the breed-specific legislation and things like that—and it really is a question of resources on that front.

As I said, there is a lot going on about being nice to dogs, in particular, and to pets, but at the same time as we talk about Britain having the highest animal welfare standards in the world we still allow hunts to flout the hunting ban. We repeatedly see stories of people basically getting away with chasing a wild animal and ripping it to shreds; they are not being prosecuted for that. Millions of game birds are raised in factory farms in France, Spain, Portugal and Poland and imported into the UK every year and shot in the name of sport. People will have different opinions on shooting as a sport, but I think we can all agree that the conditions in which those birds are raised in those factory farms and in which they are imported are very questionable, aside from the separate issue of driven grouse shooting, which we have discussed in Parliament recently. We are also allowing the “unscientific, inhumane and ineffective” badger cull, to quote the experts, to go ahead, with thousands more badgers due to be slaughtered this autumn.

We have also seen a failure to curb the unnecessary rise in animal experimentation and to address what leaving the EU means for the duplication of experiments if we are not subject to REACH, the EU regulation on the registration, evaluation, authorisation and restriction of chemicals. I always feel that I have to say this when I speak on this issue: I am not totally opposed to all animal experimentation. I have a niece with cystic fibrosis, and I would want to see whatever is possible done to procure medical advances that might help solve those genetic issues, but I think most people would agree that a huge number of unnecessary animal experiments are still being carried out. There is so much duplication and so little data-sharing, and that will become worse once we leave the EU because we will not be part of the same regime. That is a cause for concern.

The hon. Member for West Dorset mentioned live exports. Again, a promise made during the Brexit referendum campaign was that we would end the practice. I would argue that we could have done a lot more, because the EU set minimum standards that governed the export of live animals and we could have gone further. As I understand it, there were efforts in the EU led by, I think, Germany and the Netherlands, to reduce the number of hours for which animals could travel, but the UK opposed that in EU negotiations before the Brexit referendum. Before the general election, the latest news was that the Government were going to ban live exports for fattening but not for slaughter, and there was no real explanation as to why that was the case, but we may have moved on.