Pet Abduction Bill

Lindsay Hoyle Excerpts

Report stage
Friday 19th April 2024 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

I beg to move, That the clause be read a Second time.

[Mr Speaker]

With this it will be convenient to discuss the following:

Amendment 1, in clause 1, page 1, line 2, after “if” insert “without lawful authority or a reasonable excuse”.

This amendment seeks to ensure that an offence is only committed if the acts complained of are shown to have been made without lawful authority or a reasonable excuse, so that it is not necessary for the person alleged to have committed the offence to prove their innocence.

Amendment 2, page 1, line 3, after “to” insert “permanently”.

This amendment seeks to ensure that only acts where the dog is permanently removed from lawful control would fall under the offence.

Amendment 3, page 1, line 3, leave out “any person” and insert “its keeper”.

This amendment seeks to ensure that only where a dog is removed from the lawful control of its registered keeper falls under the offence, rather than removal from any person.

Amendment 4, page 1, line 5, after “to” insert “permanently”.

This amendment seeks to ensure that only acts where the dog is detained so as to permanently keep it would fall under the offence.

Amendment 5, page 1, line 5, leave out from “of” to end of line 6 and insert “its keeper”.

This amendment seeks to ensure that only where a dog is detained so as to keep it from its registered keeper falls under the offence.

Amendment 6, page 1, leave out lines 21 to 23.

This amendment is consequential on Amendment 1.

Amendment 7, page 2, line 16, leave out “(3)”.

This amendment is consequential on Amendment 6.

Amendment 8, page 2, line 30, at end insert—

“(aa) references to a dog are only to a dog which—

(i) has been implanted with a microchip pursuant to the Microchipping of Cats and Dogs (England) Regulations 2023; or

(ii) has been certified as exempt from such an implant under those Regulations”.

The above Regulations provide for the compulsory microchipping of dogs and the recording of each dog’s identity and its keeper’s contact details on a database. This amendment ensures that the offence of dog abduction can only be made in respect of dogs which have been microchipped (or are certified as exempt) in accordance with those Regulations and will thereby incentivise keepers to comply with the rules about microchipping.

Amendment 9, page 2, line 34, at end insert—

“(aa) “keeper” has the meaning given to it under the Microchipping of Cats and Dogs (England) Regulations 2023”.

This amendment ensures that “keeper” is intended to have the same meaning as under the specified Regulations.

Amendment 10, page 2, line 39, leave out clause 2.

This amendment removes the offence of cat abduction.

Amendment 11, in clause 3, page 3, line 36, leave out “or 2”.

This amendment is consequential on the removal of clause 2 from the Bill.

Amendment 12, page 4, line 5, leave out “or 2”.

This amendment is consequential on the removal of clause 2 from the Bill.

Amendment 13, page 4, line 8, leave out “or 2(5)”.

This amendment is consequential on the removal of clause 2 from the Bill.

Amendment 14, page 4, line 38, leave out “or 2”.

This amendment is consequential on the removal of clause 2 from the Bill.

Amendment 15, page 5, line 6, leave out “and 2”.

This amendment is consequential on the removal of clause 2 from the Bill.

Amendment 19, page 5, line 6, leave out

“come into force in relation to England”.

and insert

“, so far as they extend to England and Wales, come into force”.

This is a technical amendment to ensure that it is clear how the commencement of clauses 1 and 2 operates in so far as those clauses extend to England and Wales (rather than just in relation to England).

Amendment 21, page 5, line 7, at end insert

“provided that the Secretary of State has fulfilled the requirement to publish the guidance required by section [Guidance]”.

Amendment 16, page 5, line 11, leave out “and 2”.

This amendment is consequential on the removal of clause 2 from the Bill.

Amendment 20, page 5, line 11, leave out “in relation” and insert

“so far as they extend”.

This is a technical amendment to ensure that the commencement of clauses 1 and 2 is dealt with in the same way throughout clause 6.

[Sir Christopher Chope]

Before I begin to address the issues, Madam Deputy Speaker, may I, on behalf of myself and many others, express our condolences to Mr Speaker, who I know is unable to be present today because he is attending his father’s funeral? I had the privilege of serving with Doug Hoyle in this House from 1983 until 1992, and he was an exemplar for Back-Bench activity during that time. Our sympathies are very much with Mr Speaker.

Turning to the amendments, and particularly new clause 1, I thank the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Keighley (Robbie Moore) and my right hon. Friend the Minister for Food, Farming and Fisheries, with whom I was privileged to have a meeting last week to discuss my amendments. They will have a better understanding of the way I work than quite a lot of other colleagues. I am pleased that as a result of that meeting there was essentially an agreement—an acceptance—that we must try to link communications about the appalling incidents of pet abduction or theft to the need for people to microchip their loved animals, particularly dogs and cats. In the course of that discussion, it was pointed out by the Minister of State that before the Bill is to become law, it will be necessary for guidance to be discussed with the Crown Prosecution Service regarding exactly what the enforcement provisions would be. I hope that in responding to this debate, my right hon. Friend will expand on that point.

Following that discussion, I thought I would table a new clause about guidance, so that any references in the debate could include references to the specific issue of guidance that would be issued following the enactment of the Bill. I would like that guidance to set out clearly the position for people who do not microchip their cats and dogs. Microchipping of dogs is mandatory and has been since 2010, but we know that something between 5% and 10% of the 9.5 million dogs in this country are not microchipped. In early June, it will be mandatory for all cats to be microchipped, and probably about 70% have been microchipped by now.

I hope that we can send out a message, in discussing this important legislation, that if someone does not have their cat or dog microchipped, they should not expect the law to rush to their assistance in the event of their cat or dog being abducted. Apart from anything else, if they complain to the police that their dog or cat has been abducted and it has not been microchipped, it is all the more difficult to identify it, search for it and so on. On that great principle of English equity, it seems to me that if someone seeks the protection of the law, they should come with clean hands. In this context, that means they should be able to say that they have complied with the law in respect of the pets for which they have responsibility and have microchipped them. I hope people will realise that if they do not—I hope that the Government will point this out in the guidance—have their pets microchipped, they will not be able to take advantage of the benefits and special provisions in this legislation.