Control of Horses Bill

Julian Sturdy Excerpts

Friday 16th January 2015 Commons Chamber

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

I am grateful to my right hon. Friend the Member for North East Hampshire (Mr Arbuthnot) for tabling these amendments and asking some important questions about the Bill.

Amendment 1 seeks to add ponies and jennets to the definition of a horse covered by the Bill and, in turn, to the provisions on horses in the Animals Act 1971. It may be helpful quickly to explain how the provisions in the Control of Horses Bill amend the Animals Act 1971. The Bill carves out special arrangements in the 1971 Act for stray and fly-grazing horses and other equidae. Its leaves the measures in the 1971 Act as they apply to other livestock unchanged. The provisions cover a range of equidae. As well as horses, the Bill’s provisions apply to asses, mules and hinnies. These equidae need special mention because, as the hon. Member for Somerton and Frome (Mr Heath) pointed out, they are not horses. Each is a different species. Horses are of the equus ferus caballus, and ponies are of the same species, as the hon. Gentleman pointed out. It might also be worth clarifying that the legal definition of a donkey is an ass, so they are also covered.

A pony is just a small horse and does not need to be specified, so they are already covered. Similarly, a jennet is a small breed of horse. Thus neither ponies nor jennets need to included in the definition of horse.

For completeness, I should say that I asked a number of questions about the definitions when scrutinising this Bill with officials, and I therefore point out that a mule is the offspring of a male donkey and a female horse, and a hinny is the offspring of a male horse and a female donkey. That is made clear in the legislation.

I understand the reasoning behind amendments 2 and 3. My right hon. Friend just wants to make it clear that there is a proper process for contacting the owners of a horse, where this is known. Unfortunately, it is not always easy for a person or local authority detaining a horse to identify the owner and then serve them with a notice of detention. Many fly-grazed horses cannot be identified through microchipping, as required by law, and even when a horse can be properly identified, the person detaining it might not be able to access its identification data.

We considered these points and decided that the police should remain the central point of contact for reporting detained or missing horses, and that notice of detention should be registered with the police in any case, even when the person detaining the horse is able to notify the horse’s owner. Under the existing provisions in the Animals Act 1971, the police have systems in place for registering this kind of information, which is often shared with local authorities. Horse owners should therefore contact the police immediately if they are concerned that their horse might have been detained.

The Bill leaves it open to the person detaining a fly-grazing horse to contact the owner directly, if the owner is known to him, but I believe that it would be a backward step to prescribe what form such action should take, such as sending a letter by first-class post, as my right hon. Friend the Member for North East Hampshire suggests. The person might know which caravan the owner lived in, for example, and could go and knock on their door and talk to them. Alternatively, they might know the owner’s e-mail address. It would be wrong to be prescriptive in this regard.

I asked questions about this again when we were considering the Bill, and I want to reassure my right hon. Friend. Clause 3(2) of the Bill states:

“The right to detain the horse ceases at the end of the period of 24 hours”,

and goes on to say that the person detaining the horse must notify the police and the owner, if they know who that is. If the Bill had required notification of the police or the owner, but not both, he might have a stronger case for requiring more clarity. I believe that the requirement to notify both, and to contact the police in any event, will provide sufficient clarity. As the shadow Minister, the hon. Member for Brent North (Barry Gardiner), pointed out, we are keen to get the Bill through and it would be wrong to introduce measures that were inconsistent with the 1971 Act. I therefore hope that, in the light of these clarifications, the right hon. Member for North East Hampshire will be able to withdraw his amendment.

[Julian Sturdy (York Outer) (Con)]

It is a pleasure to speak briefly to amendments 1, 2 and 3, tabled by my right hon. Friend the Member for North East Hampshire (Mr Arbuthnot). I must also put on record my thanks for his support for the Bill. On amendment 1, the Minister has already set out how a horse is defined for the purposes of the Bill. The shadow Minister, the hon. Member for Brent North (Barry Gardiner), has set out his position on that as well, and I do not need to say more on that.

I should like to speak briefly to amendments 2 and 3. I completely understand the very sensible intentions behind the amendments, but I believe that the police must remain the central point of contact, as the Minister has said. It is also clear that there has to be flexibility in these circumstances. First-class post might be the most appropriate way of notifying an owner in certain circumstances, but it is essential to have flexibility on that decision, and not to specify in statute exactly what should be done. The Minister talked about the time involved, and using first-class post might delay the notification so that it did not arrive within the required four clear days.

I fear that the introduction of detailed specifications of how notifications should be served could unnecessarily delay what should be an immediate process relating to animal welfare. Such delay must be avoided in the interests of all parties involved, not least the fly-grazed horses, in the light of the welfare issues involved. I therefore hope that my right hon. Friend will not press his amendment to a vote.

[Mr Arbuthnot]

I am not entirely convinced that we have dealt fully with the circumstances in which someone might know the owner but not know how to get hold of him. I hope that my hon. Friend the Member for York Outer (Julian Sturdy) will consider this point further when the Bill goes to another place, but in the circumstances, and given the gracious way in which he has dealt with the matter, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 5

Commencement, extent and short title

--- Later in debate ---

[Julian Sturdy]

Again, it is a privilege to speak to amendment 4. As the Minister rightly says, the Bill extends to England and Wales, not because of a mistake but for legal reasons. Although it extends to England and Wales, none of its provisions will apply to Wales. An important reason for that is what the Welsh Government put in place in 2014 and I pay tribute in this House to the Welsh Government for acting and introducing what became the Control of Horses (Wales) Act 2014. One reason I introduced my Bill was to follow on from that to make sure that this is covered in England, too.

[Mr Arbuthnot]

With those wonderful explanations, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Third Reading

[Julian Sturdy]

I beg to move, That the Bill be now read the Third time.

It is huge privilege to speak on Third Reading. First, I must draw the House’s attention to my declarations in the Register of Members’ Financial Interests. As hon. Members will be aware, my background is in farming, and it is from a deep affinity for the land and countryside that my interest in this Bill first arose. Thankfully, I have not suffered from the devastating effects of fly-grazing personally, but I have witnessed at first hand the problem it causes farmers, the unfortunate horses themselves and unwitting motorists in my constituency.

[Philip Davies (Shipley) (Con)]

May I congratulate my hon. Friend on getting his Bill through to this stage and, indeed, on introducing it? He is a great champion of his constituents, but I can assure him that on this issue not only they but many of my constituents will be grateful. This is a Bill and we are all grateful to him for the way he has steered it through.

--- Later in debate ---

[Julian Sturdy]

I very much thank my hon. Friend for those kind words. I know only too well that not only in his constituency but across our great county of Yorkshire we have areas that suffer greatly from fly-grazing horses and the problems that go with that. The issue does not just affect our great county of Yorkshire—it goes right across the country. Other hon. Members in the Chamber have issues to deal with in their constituencies and counties. That came across loud and clear in Committee, when a lot of hon. Members raised valuable concerns and gave examples of the impact that fly-grazing had had on their constituents and in their area.

I wish to thank all those who have contributed their time and energy to getting this Bill to Third Reading. After some disagreement last year with those who manage the time in this House and seek to control this place—such disagreements can be fatal to such proceedings—few thought this Bill would ever see the light of day, let alone make it to Third Reading, so I must also thank all those who have helped to remove the obstacles to this Bill. I especially wish to thank the Royal Society for the Prevention of Cruelty to Animals for its support from day one, when I was drawn in the ballot. I am also especially grateful to a large variety of animal welfare charities, including World Horse Welfare, the British Horse Society, HorseWorld, Redwings and Blue Cross. I am sure hon. Members on both sides of the House will agree that such animal welfare charities set an example to us all in their tireless work to improve the lives of those who have no voice of their own.

My Bill is somewhat unusual as it is also supported by a large variety of rural and countryside organisations, which do not always see eye to eye on some issues with the animal welfare charities I just mentioned. I am also grateful for the support of the National Farmers Union, the Country Land and Business Association and the Countryside Alliance. All these organisations have worked together on an animal welfare issue that unites them. It is an important issue, which is why I was delighted to introduce my Bill—indeed, it is so important that it unites organisations that are apart on certain issues.

I also wish to thank the original supporters of the Bill, without whose earlier, much-needed support it would never have been possible. I am also grateful to Members from both sides of the House who served in Committee last week, in addition to the Bill’s sponsors. The cross-party support the Bill has received is a fantastic example of how, even in the run-up to what some might say is the most important general election for a decade, those on both sides of this House can look beyond party boundaries and work together in the interests of the common good. I wish to thank the shadow Minister, the hon. Member for Penistone and Stocksbridge (Angela Smith), for her work. We have enjoyed numerous meetings together to discuss the contents of the Bill. As I said in Committee, I know at first hand of her commitment to the Bill and to animal welfare more broadly. She could not be here today as she had hoped to be, but I wish to thank the hon. Member for Brent North (Barry Gardiner) for attending in her place.

I am also exceptionally grateful for the steadfast support I have received from the Public Bill Office and the Clerks there, to whom I remain greatly indebted, particularly with regard to some of the House’s more detailed procedures. I recommend to anyone wishing to obtain a deeper understanding of the parliamentary process that they undertake a private Member’s Bill—it has certainly been an illuminating education for me. Many Members in the Chamber today already know all about that, because they participate in many Friday sittings and have participated in many private Members’ Bills.

Finally, and perhaps most importantly, I wish to thank this Minister and Lord de Mauley, and their Department for Environment, Food and Rural Affairs officials. I have had the privilege of working closely with them, receiving their full support. That has been transformative for the Bill’s prospects, and I am grateful for all their hard work in this process.

Animal welfare forms the backbone of the Bill, which, in its amended form, will go a long way towards improving the existing legislation on fly-grazing. Our ability to protect horses from a life of neglect on both private and public land will be greatly enhanced. From my numerous meetings with animal welfare charities it has been clear that the existing laws are having a negative impact on everyone, apart from those who seek to abuse animals. Clearly, we need to tackle fly-grazing consistently across the whole of England, on both public and private land, and that is the Bill’s aim. If we do not do that, this mobile problem will continue to move from farm to farm, and from council to council, with no respite in sight for the horses involved.

The problems that animal welfare charities are having to cope with are all too clear. It has been widely reported in the local media that parts of the country are under siege from thousands of fly-grazed horses and their irresponsible owners. That presents a danger to not only the horses, but, sadly, the wider public. In Committee, hon. Members recounted vividly some shocking examples of how abandoned horses have particularly affected their constituencies and constituents. As the hon. Member for Penistone and Stocksbridge mentioned in Committee, a horse escaped on to the M25 last week, resulting in the motorway having to be closed for more than an hour. That caused commuters horrendous disruption, but, luckily, a serious accident was averted. However, the horses themselves have not always been so lucky. The RSPCA reported last week that at least five horses being fly-grazed in a field near Leighton Buzzard had all died from contracting the small redworm parasite. The horses were reported to be underfed and severely unkempt. They had not received the proper care and attention they deserved and needed. If they had received such attention, they would have still been alive today.

Furthermore, towards the end of November, the British Transport police reported that 12 horses had been killed near Cambridge. The animals were struck near the Fen road level crossing in Milton by two trains travelling in opposite directions. The Royal Society for the Prevention of Cruelty to Animals was devastated to learn of the horrible tragedy. Four seasoned inspectors attended the scene and said that it was one of the worst things they had ever seen and that they would never forget it. Emergency services, including firefighters, police, paramedics and air ambulance crews attended the collision, which blocked the track in both directions and caused major travel disruptions. A number of minor injuries were sustained, but, thankfully, no passengers were seriously injured.

Unfortunately, fly-grazing has caused a number of problems in my own constituency. Just before Christmas, a dozen horses on council-owned land near Osbaldwick had to be seized by the local authority due to welfare concerns. In September, an accident on the A64 between York and Scarborough involved two abandoned horses and a cement mixer. One horse died immediately, and a second had to be put down soon afterwards. It is my understanding that the owner of the horses has yet to come forward to claim responsibility for the appalling lack of care.

Last November, three abandoned ponies in an extremely poor condition of health were rescued by officers. They were categorised as emaciated by the attending vet. Although the RSPCA was advised on the identity of the owner, it was unable to prove ownership, so the case did not proceed to court. Thankfully, the ponies in question have been safely rehomed.

A further case from my postbag involved a horse being hit by passing traffic on the A1079 from York to Hull. When the owner learned of the accident, he did not come to the horse’s aid, but callously decided to leave the animal in a terrible state and in pain in a nearby field without any veterinary attention.

Such examples clearly make the case for why we need the Bill to be on the statute book as soon as practically possible, so that such abuse can be swiftly dealt with. Indeed, the Bill does not only seek to remedy the current weaknesses of the law, but has at stake a wider point of principle. As I said on Second Reading, no one should be above the law. There are those who attempt to frustrate the laws by which everyone else lives. Abandoning a horse to a life of neglect has no place in civil society and we should not turn a blind eye while people’s land is seized without their permission purely so an owner can avoid the responsibility of caring for their own horse.

It is impossible to know how many horses have been abandoned across the country, but animal charities estimate that at least 3,000 horses are being fly-grazed in England alone. The problem is acute and expensive for landowners, local authorities, enforcement agencies, welfare charities and, ultimately, taxpayers. The lack of care the horses receive and the intentions of their irresponsible owners are threatening the livelihoods of farmers and landowners, creating significant horse welfare problems, depriving people of the use of public spaces and risking the lives of motorists. The current lack of clarity in the legal process to deal with the problems is only making matters worse.

[Philip Davies]

I beg to move, That the House sit in private. Question put forthwith and negatived (Standing Order No. 163).

[Julian Sturdy]

The current lack of clarity in the legal process only makes matters worse. It has also been pointed out that intimidation and violence are commonly used against charity workers and good Samaritans who try to hold to account the irresponsible owners. Those who have suffered from fly-grazing are all too often powerless to remove horses from their land. Although several pieces of relevant legislation exist, none provides a definitive answer to the growing problem and all contain loopholes. A major stumbling block is the requirement to identify the owner of any horse being fly-grazed unlawfully. However, more than 70% of abandoned horses are not identifiable, which demonstrates the physical scale of the problem.

The main mechanism for dealing with fly-grazing has been the Animals Act 1971. Under the Act, after 14 days landowners may detain horses that stray on to their land and sell them at auction. The legislation was drawn up at a time when animals fetched a good price and not so many horses were being fly-grazed. The Act was not designed for the problem of deliberately fly-grazed horses. There are, therefore, numerous problems with using the Act to deal with this growing issue, which is affecting not only my constituency—the great county of Yorkshire—but areas right across the country. For example, the Act refers to animals straying on to other people’s land, but with fly-grazing we are concerned with animals placed deliberately on someone else’s land without their permission, which is a different matter altogether.

The Act allows animals to be sold at auction, but often the horses have little or no value, and it is commonplace for the owner to buy back the horse at a knock-down price, the horse having been micro-chipped by the person or the local authority responsible for the horse’s initial detention. Thus, the irresponsible horse owner who engages in fly-grazing at the expense of others receives the windfall of a fully vetted and legally compliant horse at little cost. The current law, therefore, has the effect of allowing the abusers of animals to benefit from their actions, leaving local authorities, farmers and taxpayers to pick up the bill.

Welfare charities have argued passionately for a mechanism whereby the horse being fly-grazed can either be rehomed or, in some circumstances, humanely destroyed. Sadly, World Horse Welfare says that rehoming centres are full of unwanted horses. It is therefore essential that the cycle of fly-grazing is brought to an end, before the number of unwanted horses grows out of control.

The loopholes in the current law must be closed, and this Bill will make several small but significant amendments to the 1971 Act in order to make it easier to tackle fly-grazing head on. The Bill gives local authorities and, since it was amended in Committee, landowners and occupiers in England the power to detain a horse on their land when they have a reasonable belief that the horse is there without lawful authority. It is worth noting that the provision can apply to both stray horses and ones deliberately placed there by irresponsible owners. The measure is similar to the powers available to local authorities in Wales under the Control of Horses (Wales) Act 2014, from which I received my inspiration for the Bill. After detaining a horse, the local authority or person must inform the local police within 24 hours of its right to detain the horse, as well as informing the horse owner if their identity is known. Once the police have been informed, the horse may be detained for a total of four working days from when it was first detained.

If after that time, the horse has not been claimed, the horse may be disposed of by selling it, arranging for it to be humanely destroyed or by gifting it to an animal welfare sanctuary. After four working days, the owner of the horse will no longer be able to claim it back, crucially breaking the cycle of abuse and neglect. Where a horse is sold and money is left over from the sale, any excess money, once the costs of looking after it have been deducted, can be claimed back by the owner.

As I have previously explained, it is essential that the Bill applies not just to public land but to private land and I am delighted that it has since been amended to include all land in England. It would be ridiculous for private land to become the unintended refuge for suffering and abandoned horses with landowners ill-equipped to alleviate the animals’ suffering.

It has been made clear that fly-grazing affects a great number of people in many ways and Members have given vivid examples on Second Reading, in Committee and on Report of how it affects their constituents and constituencies. In almost every case, an innocent, law-abiding person is either endangered or taken advantage of. It is my sincere hope that this will be the last winter in which abandoned horses are left outside in the cold without the protection of local authorities and private landowners acting in the animal’s best interest. I believe that the Bill will go a long way towards tackling the scourge of fly-grazing and I commend it to the House.