Racehorse Protection

Laurence Robertson Excerpts

Monday 15th October 2018 Westminster Hall

[Mr Laurence Robertson (Tewkesbury) (Con)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I declare my registered interests, in that I receive hospitality from racecourses and racing bodies from time to time, and I am co-chairman, with the hon. Member for St Helens North (Conor McGinn), of the all-party parliamentary racing and bloodstock industries group. I very much welcome this debate, which gives us the opportunity to discuss how to improve the welfare of racehorses in the United Kingdom, because I am also the proud Member of Parliament for Tewkesbury, which includes the Cheltenham racecourse—one of the greatest in the world. It generates a lot of income, which helps the whole area. Tewkesbury is a rural area, and horses are very much part of the rural scene. The petition attracted 313 signatories from Tewkesbury, demonstrating that there is a love of horses there and a concern that they should be properly looked after.

I have a personal interest in this issue: my wife owns horses and has done so all her life. She trains them and competes, not in racing but in other sports. I am an animal lover—we keep farm animals as pets, and we have had pets all our lives—so I want to see what we can do to build on the good work that has already been done to ensure that racehorses are well cared for, not only during their racing careers but afterwards.

It will be heartwarming to the BHA, as I do not always agree with it on everything, to hear me say that I believe it is doing a good and improving job of looking after the welfare of racehorses. Although it is involved in racing, it is independent of racecourses, jockeys, owners and the other racing bodies. It does work on the fixture list, the integrity of the sport—it makes sure it is clean—and welfare. It has a board of 10 members. One comes from racecourses and one from another body connected to racing, but the majority are independent of those bodies, so they can carry out their work completely without bias. They investigate jockeys and trainers, and sometimes come down very hard on them. They have demonstrated their ability to do that as well as their independence.

[Jim Shannon (Strangford) (DUP)]

As the hon. Member for Hartlepool (Mike Hill) mentioned, the Irish racehorse sector already has self-regulated through law. Does the hon. Member for Tewkesbury (Mr Robertson) feel that, to safeguard the lucrative racehorse sector in the United Kingdom, it is vital that we follow the Republic of Ireland’s lead?

[Mr Robertson]

I will come to that issue in a minute, but the hon. Gentleman makes a very good point. Everybody in racing wants horses to be protected, largely because they love them. Owners pay a lot of money for racehorses, and training fees are some £20,000 a year, so purely from a financial point of view the last thing they want is for anything bad to happen to their horses. That is not what motivates them, but they put an awful lot of money into the sport.

The hon. Member for Hartlepool (Mike Hill) said that racing is a rich industry, but those of us who know it know that it is impoverished. The top 1% are rich, but lots of trainers and jockeys earn very little. Owners get back an average of 23% of the total cost. That is not a return—they lose 77% of everything they put in. They do it for the love of the sport, and it costs them a lot of money, so the last thing they want is for horses to be treated badly on the racecourse or in the stables. They simply would not allow that to happen.

A number of charities care for racehorses, some of which might have been involved in motivating this petition, and the all-party parliamentary group, which I have co-chaired for a number of years, raises money for some of them at a charity dinner in the House of Commons. Retraining of Racehorses, which is not one that we raise money for, does an excellent job of looking after racehorses after they have finished their racing careers. Greatwood—from memory, I think we raised about £50,000 for it in this place a few years ago—does great work in bringing retired racehorses together with disadvantaged young people. It is unfortunate that that work is not recognised as often as it should be.

Even people who are not as into racing as me are captured by the excitement, particularly that of the big race meetings. I mentioned the Cheltenham festival, but there is also the Grand National, Royal Ascot and the Derby. Those races capture the imagination of people not just in this country but across the world, who take a great interest in it. I have travelled the world to watch racing—I was in France just the other week—and, without question, British racing is the best in the world, although Irish racing is also extremely good. In this country, racing contributes some £3.5 billion to the economy and £275 million in tax. Some 17,400 people are directly employed in the industry full time, and another 85,000 are indirectly employed. It really does do a lot for this country, particularly in rural areas.

I am concerned to ensure that we do the absolute best for racehorses, so I am not instinctively against having an extra body to look after them, but I wonder if it is the best way forward. As I have said, the BHA, which is independent of other bodies in racing, is doing a good and improving job. One of the problems in racing is that there are already too many bodies. As well as the BHA, there is the Horsemen’s Group, the Racecourse Association, the Racehorse Owners Association, the Professional Jockeys Association, the National Trainers Federation, racecourse groups and probably a few other organisations that I have not remembered. I am not convinced therefore that bringing in another body would help and I am not sure to whom it would report or how independent it would actually be.

That goes back to the point raised by the right hon. Member for Warley (John Spellar), who asked whether it is not better for people with long-standing expertise in racing and caring for horses to carry out that overview and supervise the work with racehorses. I am persuaded that that is probably the best way to continue, but that is not to say that improvements cannot be made. They have been made over the past few years: the number of fallers has, on average, been reduced, the fatality rate has thankfully been reduced, and there have been changes to the layout of racecourses, to the fences, and to whip regulations. Although those big improvements have been made, I emphasise that I am not satisfied with where we are. We must continue to move forward and I certainly want to continue working with the BHA in order to help it to do so, but that is the best way forward rather than creating another body.

Cheltenham spends hundreds of thousands of pounds a year on veterinary and welfare fees, and other racecourses spend an awful lot of money ensuring that the horses are properly checked and fit to run and that there are no problems. I accept that there is some way to go, but I think that racing is a very clean sport in this country. There are very few examples of drugs being given to horses, of any wrongdoing in betting, or of race fixing—they all happen very rarely. It is a good and clean sport but one that can and should improve, and I believe that it is doing so.

I should like to hear the Minister’s opinion. My view is that the BHA should take the issue forward and, perhaps, its structure could be altered or it could report more to the Government. I am not saying that changes are not needed in that respect, but I think that is the way forward. I am very grateful to the hon. Member for Hartlepool for introducing the debate in the way that he did, and I look forward to hearing what other hon. Members have to say.

--- Later in debate ---

[Philip Davies (Shipley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Wilson. I was not planning to speak in this debate, because I had tabled some amendments to the Offensive Weapons Bill, but the party Whips decided against holding that debate, presumably so that I might speak in this one. I therefore thought it would be rude not to take up the opportunity.

I do not want to speak for long, but I want to support my hon. Friend the Member for Tewkesbury (Mr Robertson), who set out clearly the case not only for horse-racing but for how well the BHA regulates horse-racing and in particular horse welfare. Like him, I have had my disagreements with the BHA, so I am not someone who automatically and naturally jumps to support it.

I should make it clear, as my hon. Friend did, that people ought to refer to my entry in the register of Members’ interests because, on a number of occasions, I too have received hospitality at the races, including at York racecourse, where I was on Saturday—as was the hon. Member for York Central (Rachael Maskell). I should add that I do not own any racehorses at the moment, although I have done so in the past. I would say that I was a modest owner of racehorses and an owner of very modest horses at that. The hon. Member for Hartlepool (Mike Hill), who led the debate, talked about the great riches in racing, but I assure everyone that I was not participating at that kind of level. My horses participated at the standard not of the Ebor meeting at York, but more of a Saturday evening at Wolverhampton. I should make that clear.

I will add to some of the points made by my hon. Friend the Member for Tewkesbury and respond to a few of the other points made so far. I shall do the latter first, if I may. The hon. Member for Westmorland and Lonsdale (Tim Farron), who unfortunately is no longer in his place, has Cartmel racecourse in his constituency—I might be wrong about that, but I do not think so—and I hope that he is a supporter of it, but he said something quite extraordinary. He said that it was incompatible for a regulator to promote a sport and to be responsible for animal welfare, but I think that the two go essentially hand in hand. How on earth can a body promote a sport such as horse-racing without a clear commitment to animal welfare? For the life of me, I could not understand his argument. For me, the two are perfectly compatible and must go hand in hand.

We also heard earlier, I think from the hon. Member for Hartlepool, that horses have no choice, unlike jockeys and so on. I have to say, that that is not entirely true, for two reasons. For example, a few years ago there was a terrible tragedy when the Cheltenham Gold Cup winner Synchronised, favourite for the Grand National that very same year, died. Synchronised ran in the Grand National and fell, but it did not die when it fell with the jockey on board; it died afterwards, after it fell for a second time, running loose and jumping the fences with the rest of the field. That horse did have a choice. It was loose—it had no jockey on its back. It carried on because horses love jumping. They love running, they love racing and they love jumping. There was a terrible outcome in that case—it is in the figures the hon. Member for Hartlepool referred to—but that horse did have a choice. It wanted to carry on with the rest of the field, because horses love running, racing and jumping.

[Mr Robertson]

I was at Aintree when that sad incident took place. Has my hon. Friend ever sat on a horse? If he has, he will know that it is simply not possible to get a horse to do anything it does not want to do.

--- Later in debate ---

[Chris Williamson]

I am delighted to hear that, because organisations have sought to find out how Members of Parliament would vote on a repeal of the Hunting Act and the hon. Gentleman was down as being in favour. However, we digress, because we are not here to talk about blood sports.

A self-governing body in any area leaves a lot to be desired. We see it in a host of things, from financial regulation to the governing of the horse-racing industry. The British Horseracing Authority has a range of different responsibilities, including race planning; disciplinary procedures; protecting the integrity of the sport; licensing and registering racing participants; setting and enforcing standards of medical care for jockeys and other participants; setting and enforcing common standards for British racecourses; research and improvements in equine science and welfare; regulating point-to-point racing in the UK; the compilation of the fixture list; and setting and enforcing the rules and orders of racing. There is only one reference to welfare, and that is in the context of research and improvements in equine science and welfare.

To be frank, I do not understand why any hon. Member would have a difficulty with an independent body having oversight of welfare in the industry. If a body is dedicated exclusively at looking at the welfare of horses, surely that would make it more accountable and better at the job. The BHA’s responsibilities include a host of things, which I have just listed, and welfare receives just a minor reference. Having an organisation dedicated to enforcing and improving welfare standards would improve the welfare of horses.

My hon. Friend the Member for St Helens North (Conor McGinn) tried to widen the debate and question the motives of the organisation behind the petition. He suggested that it wanted to abolish horse-racing, but that is not what we are debating today. All we are debating is whether an independent body should oversee the welfare of horses that participate in horse-racing. Why would anybody have a problem with that?

[Mr Robertson]

I certainly do not have a problem with a body overseeing this issue. However, the BHA can suspend a jockey for overuse of the whip—which is about not only disciplining jockeys but the welfare of the horse—and it is also responsible for the integrity of the sport. Does not the hon. Gentleman think that those functions fit rather nicely with welfare issues? A new body would take away those functions from the BHA and isolate the issue, when the fact is that other issues also come into play. Does he understand that point?

[Chris Williamson]

I take the point to an extent, but having an independent body would not mean that the BHA would then have no interest in or responsibility for welfare. An independent body would make sure that the BHA did its job properly and it would also have an overarching responsibility to prevent the same number of horses being killed or dying during horseraces. There have been 2,000 deaths since the BHA was founded and there does not seem to be any sign that the barbaric use of the whip is diminishing, notwithstanding the view of the hon. Member for Shipley that it is all lovely when a horse is hit with a cushioned whip and it does not hurt. The case for an independent body is unanswerable, in my opinion and that of many thousands of British people, whom we represent. Many hundreds of my constituents feel strongly about the issue, to the point that a number of them have lobbied me about it.

In conclusion, an independent body dedicated to stopping the tide of death and abuse in the horse-racing industry, is—

--- Later in debate ---

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I congratulate my hon. Friend the Member for Hartlepool (Mike Hill) on introducing this debate so well, and thank all hon. Members on both sides for their passionate discussion. This issue spans not only my brief, in the shadow Department for Environment, Food and Rural Affairs team, but that of the shadow Sports Minister, my hon. Friend the Member for Tooting (Dr Allin-Khan), who I thank for her input, as this is not only a welfare issue but an issue for the Department for Digital, Culture, Media and Sport.

Plymouth, which I represent, has many fantastic things, but it does not have a racecourse. It is 27 miles to Newton Abbot, or a little further on to see a race at Exeter. However, that does not mean that the issues are not pertinent to the people I represent, as has been shown by the sheer depth and breadth of numbers of signatories on this petition.

It is important to mention from the outset what an important contribution horse-racing makes to the UK economy and to local economies across the country, providing jobs as well as entertaining punters. Horse-racing estimates that it employs 85,000 people around Great Britain and measures its contribution to the economy at over £3 billion. No one doubts its contribution, but the welfare of horses needs to be an important part of that contribution if it is to continue supporting those economies.

While horse-riding is an extremely dangerous sport for horses and their riders, according to Horse & Hound—which I admit might not be at the top of every Labour MP’s reading list—around one in 17 jump jockey rides ends in a fall. Many jockeys suffer life-changing injuries and mental health problems as a result, as they compete for prize money in a hotly contested sport. As was mentioned earlier, however, while being a jockey is a voluntary occupation, being a racehorse is not.

As Peter Singer put it in the 1975 book, “Animal Liberation: A New Ethics for Our Treatment of Animals”, animals do not have a voice to speak up for themselves, so I firmly believe that as parliamentarians we have a duty to give them that voice. Today, this House has spoken: every horse matters. In their welfare, their health, their conditions and their life from birth to death—before racing, during racing and once their racing days are over—every horse should matter. If every horse matters, as we have heard today, then we need robust and constantly improving equine welfare regulation to ensure that that happens.

We will shortly hear from the Minister about the Government’s position, but when this petition reached 10,000 signatures back in March, the Government responded by saying that they did not consider it necessary to establish a new welfare body, as

“overall racehorse welfare is improving and fatalities at racecourses are falling”.

Both those statements are true; my question is, how ambitious are we in wanting to see those improvements? I appreciate that DEFRA is a busy Department, but we must not be casual or cautious when it comes to animal welfare. We must be bold, ambitious and demanding. I think the Minister will have heard that from both sides in this debate.

The Government response at that time also pointed out:

“Racehorses, like all domestic and captive animals, are afforded protection under the Animal Welfare Act 2006. Under this legislation, it is an offence to cause any unnecessary suffering to an animal or for an owner, or keeper, to fail to provide for its welfare needs.”

That is right, and I am pleased that the Government have accepted the argument that sentences for those who fail to provide for the welfare of their animal should increase. Will the Minister say when he expects that to come online and when we can expect our courts to be able to use those sentencing powers in cases of poor animal welfare in horse-racing and elsewhere?

It is clear that the Government wholeheartedly back the British Horseracing Authority, but the crux of the debate is whether the BHA is conflicted in its mission between its support for the industry and animal welfare. I agree with hon. Members from across the House that we must have an integrated welfare component to all sports. We cannot have the idea that animal welfare is not something that anyone running a race is responsible for. It is the core thing that everyone running a race is responsible for.

This goes to the heart of what the BHA is there for. In its briefing paper it stated:

“Thoroughbreds are the centre of our sport, they are its very heart and soul.”

It is right. To its credit, the BHA does not hide from concerns raised about this sector. I met with its team earlier to go line by line through many of the concerns raised, and it is clear that the BHA understands the acute challenges ahead for the industry and what it needs to do to put it right. The BHA has been around since 2007 and was brought in by the Labour Government of the time. The Select Committee on Environment, Food and Rural Affairs stated in 2016 that the BHA

“is recognised around the world as having implemented a high standard in equine care.”

Key to that is the BHA’s role in improving animal welfare and equine care in particular. That is where we need to ask ourselves at what pace this improvement is happening and whether it could go faster. Although we have seen improvements in the number of deaths, down from 0.3% to less than 0.2% of runners in 2017, the question at the heart of this debate is: where next? If we are to legitimise the BHA continuing to govern the regulatory approach, when will that figure be halved? When will we get to 0.1%—by what date? What steps will be taken to get there? What happens if we do not get there? When will the target be zero?

We have heard some great speeches today from my hon. Friends the Members for York Central (Rachael Maskell), for St Helens North (Conor McGinn) and for Derby North (Chris Williamson) and the hon. Members for Tewkesbury (Mr Robertson) and for Shipley (Philip Davies), but the purpose of today’s debate and all those contributions is to look at how we can improve equine welfare faster than we are at the moment. In a highly charged, high-pressure competitive sport, where financial gains can be made by winning or going faster, we must ask ourselves whether there is a profit motive in not ensuring the best animal welfare as part of that.

We must ensure at all times not only that equine care is the foremost of the industry’s concerns, but that it is seen to be the foremost, with the industry communicating how to do that. I am sure there is agreement across the House that animals should not suffer for our entertainment. What separates horse-racing from banned sports such as foxhunting, cockfighting and dogfighting is that it does not include unnecessary pain or suffering to the animals used. That is the heart of the social contract on the basis of which horse-racing is permitted.

The World Horse Welfare organisation believes that

“the role of horses in sport is legitimate and right, as well as mutually beneficial—so long as their welfare is put first.”

As my hon. Friend the Member for Hartlepool said, while some racehorses are treated like kings, horse-racing still causes death, pain, distress and suffering for many horses. While progress has been made on making the sport safer for horses, are we comfortable with the pace of change to date?

While the Labour party is still developing its full animal welfare position, hon. Members will know that we have consulted on our 50-point animal welfare plan, “Animal Welfare For The Many, Not The Few”. During the consultation period in the summer we received 5,000 responses, which is quite a lot for an Opposition consultation on this subject. At the heart of that plan was a desire to see an independent animal welfare commissioner introduced as a safeguard to ensure that all Government policy is not only compliant with animal welfare but is being enforced and that, where animal welfare is entrusted to self-regulatory bodies, that body is maintaining high animal welfare standards. That should be at the heart of this debate and goes to the heart of some of the petitioners’ concerns to ensure that animal welfare in the horse-racing sector is put front and centre and delivered.

If the BHA commits to always putting horse welfare above the interests of commercial sport, as it has done and says it does, if it can properly separate those sides of the organisation and always act to protect horses in line with the latest scientific evidence, it should have nothing to fear from enhanced scrutiny, inspection and transparency. Indeed, it has told me that it wants that, and an animal welfare commissioner would be a step towards achieving it.

The crux of the concerns of those who signed the petition and those who have spoken in the debate can be split into two broad themes. One is independence. Although the BHA has gone to great lengths to make its animal welfare bodies independent and separate, I believe it needs to do more to communicate that governance to the public and to continue to drive for those bodies’ greater independence and separation from the sector. The second theme is standards, and the demand that they should be world-class, world-leading and so ambitious that they set the UK out a furlong ahead, not edging it by a nose. I also want to see faster and further progress on the key equine welfare issues raised. The social contract that allows the use of animals in sport is changing. Consumers are more demanding, and welfare standards are rightly being pushed higher in response.

Having spent many years working for the Association of British Travel Agents, the travel trade body, I know about the power of self-regulation. However, I also know about the responsibility to ensure that, where an organisation regulates members who pay its wages, that organisation should remain one step ahead, in a leadership position, not following the pack. There can be no dash from last place to win the day in good governance or vision. Good governance and independence is not a destination but a constant journey. Standing still is not an option. The BHA should welcome this debate as an opportunity to improve not only its standards but its communication.

I suspect that the Minister will argue that the BHA is the right body to oversee equine welfare. If so, what ambitious and stretching targets does he have for the sector? How can the deaths of 0.2% of runners be halved in the next five years? If they cannot, what will the public response be? I believe in self-regulation, but it has to work and has to carry consumer confidence to remain relevant. As we have heard, there is still a challenge with self-regulation in the sector, and more needs to be done for it to continue. That is why I want the BHA to publish ambitious plans to further reduce racehorse deaths, to set out how new technologies will help to support better behaviour, and to review the use of the whip. Many sound voices in the racing industry want change in that regard.

When our animal welfare plan was put out for consultation, we received countless responses on the use of the whip in racing, as my hon. Friend the Member for York Central mentioned. The BHA has taken steps to reduce the use of the whip, limiting it to seven strikes in a flat race and eight in a national hunt, or jump, race. However, we need to look again at whether that is right. I mentioned the changing social contract between those who participate in the sport, those who watch the sport and, importantly, those who bet on horse-racing. The use of the whip is one element of the social contract that has recently changed and that will continue to change. I know that there are voices within the industry that would like the use of the whip to be further reduced, if not outlawed, except in cases of safety. There is a strong argument in support of that.

The RSPCA believes that the only whips permissible should be those of proven shock-absorbing designs. I must admit that I think replacing whips in horse-racing with MPs whipping each other may soon become more fashionable, given the exchange that we heard earlier. However, it is important that whips are used with minimal force and on minimal occasions, and only for genuine safety purposes. If everyone in horse-racing stopped using whips, the horse that wins a race would be the one that is best trained, has the most energy and is most focused. The best jockeys with the best tactics would win the race, not necessarily those who strike the most with their whip. That has been happening in Norway since 1982, and British and Irish jockeys adhere to those rules when riding there.

The social contract is changing. We need to look at it and in particular at the number of deaths. At the moment, the deaths of 0.2% of runners is too high, equating to roughly one in 500 racehorses. The only reason that it is accepted is because they are horses. Were they humans, that level of fatality in a sport would not be accepted. We have to ask whether, if we applied the same standards to animal welfare as we do to human welfare, as is increasingly the case in animal welfare policy, we would accept the same number of deaths in cricketers or rugby players.

Labour demands that the industry comes up with more stringent and ambitious targets. I want the BHA to bring together its frequently good work, which we have heard about during this debate, into a more ambitious plan.

[Mr Robertson]

I agree very much with the hon. Gentleman. Is his conclusion that a separate, independent body is not necessarily the way forward, and that bolstering the BHA and perhaps making it more accountable is probably the best way forward?

[Luke Pollard]

At the moment, there is a strong case for reform and greater ambition. A self-regulatory system needs to carry the confidence of the public. I think that the BHA has heard the concerns voiced by Members on both sides of the House, including those who support its role, in wanting a more demanding and ambitious set of policies. We need to look at what will happen if that is not put in place. Organisations that do not keep pace with changing consumer demands on animal welfare and the changing social contract will see their business model effectively erode from the bottom up, as we have seen with SeaWorld in the tourism sector. If there continue to be more deaths, there is a real danger that the industry’s legitimacy could be threatened, as mentioned by Members on both sides of this debate.

Much more needs to be done on improving animal welfare. We should be clear that British horse-racing is a national success story, but we want the industry to work harder, faster and smarter to improve equine welfare and to set transparent targets that can be independently verified. The public have a right to know if activities only pay lip service to that or are genuine—ambitious plans or simply pedestrian. The industry has a lot of good stories to tell about animal welfare and safety, but it can also do a lot more to improve them.

If Labour was in government and I were in the Minister’s place, I would be demanding a greater set of targets from the industry, looking at how we can halve the deaths of horses involved in horse-racing. When will we reach the 0.1% target, and can it be a numerical target, not just a percentage target? As we heard from my hon. Friend the Member for York Central, Brexit could have an impact on the number of runners for races, so we want to make sure that we are not simply hitting a percentage target but talking about the number horses that die in the trade.

There is an awful lot of good news from the sector. However, there are an awful lot of improvements that Members on both sides should rightly demand if the industry is to continue to adapt and flex to meet the changing social contract and changing consumer demands that our electorate are making.