Animal (Penalty Notices) Bill

Kerry McCarthy Excerpts

Committee stage
Wednesday 8th December 2021 Public Bill Committees

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

It is a pleasure to serve under your chairmanship, Mr Twigg, I think for the first time.

I thank everybody for their contributions. I will go through what I intended to say, and then come on to some specifics if there is any feeling that I have not addressed them. It is also a great pleasure to see Members such as my hon. Friends the Members for South East Cornwall and for Crawley, who with our hon. Friend the Member for Romford have a fine history of supporting animal welfare in this place.

I thank my hon. Friend the Member for Romford for introducing this private Member’s Bill; as the hon. Member for Rotherham said, my hon. Friend has a long history of supporting animal health and welfare. As chair of the zoos and aquariums all-party parliamentary group, a former shadow Minister for animal welfare and an advocate for the care and protection of animals, he takes this whole area incredibly seriously. It has been a pleasure to work with him thus far, and I look forward to supporting him going forward.

I thank hon. Members who have been selected to serve on the Committee and the organisations for the support they have given the Bill. They include the RSPCA, which I last had a conversation with as recently as yesterday; I thank it for sharing its thoughts. It falls into the three categories of those in the farm animal sector, such as the National Farmers Union, the Country Land and Business Association and so on; those in the companion animal sector—we have engaged with Battersea, the RSPCA and Cats Protection, among others—and those in the zoo sector, such as the British and Irish Association of Zoos and Aquariums. I say to the hon. Member for Rotherham that of course we will engage with the experts. Much of this is to be driven by engaging with those stakeholders, because they know the situation best. They are also aware of where some of the challenges to getting the balance right lie, as we progress with the statutory instruments.

The Bill, which had its Second Reading on 29 October this year, introduces a new financial penalty system, as has been said, and adds to the tools that we can use against those who commit offences against animals, demonstrating that we will not tolerate threats to the health and welfare of animals, the quality of our animal products, or the biosecurity of our nation. As Members on both sides have said, we in this country pride ourselves on our high standards of animal welfare, and we have powerful laws to maintain them, as the hon. Member for Cambridge alluded to. The hon. Member for Rotherham asked which Acts the penalties pertain to. They are the ones listed in clause 1, which I will not read out, and the Dangerous Dogs Act 1991, highlighted in clause 2.

[Kerry McCarthy (Bristol East) (Lab)]

I am pleased that this legislation is before us and that we finally seem to be making progress on the Animal Welfare (Sentience) Bill, but I was told, I think a couple of years ago, that the Government intended to introduce a big, comprehensive animal welfare Bill to try to tie up all loose ends and ensure that we have overall protection, rather than rely on private Members’ Bills, SIs, and bits and pieces here and there. Has that been dropped?

[Jo Churchill]

A comprehensive selection of Bills are going through Parliament, looking at the whole of animal welfare and ensuring that those gaps are plugged. That is why we support today’s Bill. It is about having a proportionate response, and ensuring that where we find a gap we find the right tool to deal with it.

For the most severe crimes of cruelty and abuse, imprisonment will always be the correct response and the most appropriate course of action. We have the necessary powers to deliver that. The Animal Welfare (Sentencing) Act 2021, which was passed in the summer, introduced a welcome longer prison sentence for heinous animal welfare crimes, which I am sure we all agree with. We now need penalties to redirect behaviour, which was the point that my hon. Friend the Member for Romford made. It is about ensuring that, where appropriate, people can be put on to the correct path of behaviour before more troublesome and more abusive crimes are committed, and that we use the most proportionate and effective measure for each of them.

The Bill provides for penalties to redirect behaviour where animal keepers are not doing the right thing. We have an opportunity to improve how we tackle offences relating to animals and animal products. I would like to restate the relevant offences will be determined during collaboration and formal consultation with stakeholders, including those mentioned here, as I reaffirmed yesterday in discussion with the RSPCA.

Clause 1 is essential to establish the relevant offences and the enforcement authorities for those offences. It lists all the legislation to which penalties notices could apply, protecting the health and welfare of companion, farm and zoo animals, biosecurity and animal products. That does not mean, however, that the penalty notices would be considered an appropriate enforcement measure for every offence listed in the legislation.

Through the passage of the Animal Welfare (Sentencing) Act 2021, another private Member’s Bill, it was good to see the punishment for acts of cruelty being bolstered to a custodial sentence of five years. Once again, I would like to put on record that we have no intention of watering down the severity of offences. However, it remains imperative that all the legislation listed in clause 1 remains as it is. In that way, we can properly consider, in collaboration with stakeholders, which offences are suitable for a penalty notice and which are not.

We will explain further in the guidance under clause 4 that will accompany the new regulations, to ensure penalty notices are used appropriately and consistently without diminishing how they address the most serious offences, particularly that of cruelty. Designating the most appropriate enforcement authority for each offence is important to ensure the right people have the right powers to take action and change the behaviour of those committing less serious offences. Actually, it might be the good breeder who helps make sure that the behaviour is the right one. It does not necessarily always fall to an enforcement officer to issue the behaviour notice in the first place. We want the whole system to be one that engages and directs people’s behaviour. Then, the enforcement officers can either bring the direct commentary to the individual or step it up to a fixed penalty notice or, in the case of a heinous crime, use the court.