Police, Crime, Sentencing and Courts Bill

Lord Bishop of St Albans Excerpts

Lords Hansard - part one & Committee stage
Wednesday 3rd November 2021 Lords Chamber

Moved by

[The Lord Bishop of St Albans]

124: After Clause 54, insert the following new Clause—
“Poaching of game
(1) The Game Laws (Amendment) Act 1960 is amended as follows.(2) In section 2(1), after “committing” insert “, has committed, or is about to commit”.(3) In section 4—(a) in subsection (1)—(i) after “section thirty” insert “or section thirty-two”, and (ii) at the end insert “or any animal, vehicle, or other article belonging to him, or in his possession or under his control at the relevant time.”;(b) in subsection (2), after “gun”, in both places it occurs, insert “, animal,”;(c) at the end insert—“(6) Where a person is convicted of an offence under the Night Poaching Act 1828 or the Game Act 1831, the court may order the offender to reimburse any expenses incurred by the police in connection with the keeping of any animal seized in connection with the offence.”(4) In section 4A(1), for “section thirty of the Game Act 1831 as one of five or more persons liable under that section” substitute “section 1 or 9 of the Night Poaching Act 1828, or section 30 or 32 of the Game Act 1831”.(5) After section 4A insert—“4B Disqualification Orders(1) Where a person is convicted of an offence under either the Night Poaching Act 1828 or the Game Act 1831, the court may, instead of or in addition to dealing with the person in any other way, make an order disqualifying the person from having custody of a dog for such period as the court thinks fit.(2) A person who is disqualified from having custody of a dog by virtue of an order made under subsection (1) may, at any time after the end of the period of one year beginning with the day on which the order was made, apply to the court that made it for a direction terminating the disqualification.(3) On an application under subsection (2) the court may—(a) having regard to the applicant’s character, conduct since the disqualification was imposed, and any other circumstances of the case, grant or refuse the application, and(b) order the applicant to pay all or any part of the costs of the application,and where an application in respect of an order is refused no further application in respect of that order may be made before the end of the period of one year beginning with the day on which the application was rejected.(4) Where a court decides not to make an order under subsection (1) in relation to an offender, it must—(a) give reasons for the decision in open court, and(b) if it is a magistrates’ court, cause the reasons to be entered in the register of proceedings.(5) Any person who has custody of a dog in contravention of an order under subsection (1), is guilty of an offence.(6) Disqualification from having custody of a dog under this section includes disqualifying a person—(a) from owning dogs;(b) from keeping dogs;(c) from participating in the keeping of dogs;(d) from being party to an arrangement under which they are entitled to control or influence the way in which dogs are kept;(e) from dealing in dogs;(f) from transporting dogs;(g) from arranging for the transport of dogs.””Member’s explanatory statement
This new Clause is intended to broaden the powers available to the police and the courts for dealing with illegal hare coursers. Measures include providing for forfeiture of animals on conviction and permitting the recovery of expenses incurred by the police in housing a seized animal.

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[The Lord Bishop of St Albans]

My Lords, I declare my interest as president of the Rural Coalition. In moving Amendment 124, I will speak also to Amendment 128 in my name. These amendments seek to strengthen police powers to deal with illegal hare coursing and, more generally, the illegal poaching of game.

Amendment 124 would amend the Game Laws (Amendment) Act 1960 to broaden the police’s powers to remove or arrest an individual trespassing on land where there is clear intent to trespass in pursuit of game, as defined by Section 9 of the Night Poaching Act 1828 and Section 30 of the Game Act 1831. It would also allow the police to seize any vehicles or animals used for the killing or taking of game found in the possession of the trespasser, and would allow the court to order

“the offender to reimburse any expenses incurred by the police in connection with the keeping of any animal seized”.

Further, the amendment seeks to broaden the court’s ability to limit repeated violations by issuing disqualification orders for those individuals convicted under the Night Poaching Act or Game Act for having custody of a dog or dogs.

Amendment 128 would increase the maximum fines for those found trespassing in pursuit of game and remove the distinction between a person and a group of “five or more persons” when determining the severity of a given fine to allow for individual convictions.

The diocese that I serve, which covers Hertfordshire, Bedfordshire, Luton and bits of London, includes many rural areas, and I know from conversations with landowners and farmers just what a problem illegal hare coursing is. It is not just the damage to land and property that causes anxiety, it is the threats, verbal abuse, intimidation and violence. This includes metal bearings being fired into tractor cabs; attempts to bribe farmers to allow hare coursing on their land; ringing farmers’ doorbells in the evening when they know that the farmer is out and the wife and children are at home; and direct threats that state that they know where the farmer lives, should the farmer report a hare courser.

One person described coursing as equivalent to being under siege—constantly having to repair damage from break-ins, and being scared for their own safety and that of the farm equipment. It is an illegal and barbaric practice that runs amok across the private property of farmers and landowners and helps facilitate organised crime, through the enormous sums that change hands in high-stake illegal betting.

Before tabling this amendment, I contacted senior members of the Hertfordshire police for their views. One spoke of how this amendment would give them confidence that hare coursing was being taken seriously and that, that being so, one of the most effective preventive tools would be to take the means to commit the offences away from the offenders.

Given the high value of the dogs used by those involved in illegal hare coursing, these amendments seek to address a substantial weakness in the existing law by extending the seizure and forfeiture powers for all poaching offences to include vehicles and dogs. That, alongside court-imposed custody of dog disqualification orders, would create the strongest possible deterrent to illegal hare coursers. These changes would address the current challenge of limited police resources, including having to pay for kennelling costs without being able to reclaim those costs from the offenders.

The current legislative framework for prosecuting hare coursing is failing farmers and landowners and it needs reform urgently. The NFU’s rural crime survey found that 41% of farm businesses had experienced hare coursing in 2020, and that figure went up to 60% in Yorkshire and 67% in East Anglia. I understand that Defra is consulting on provisions that are very similar to the ones outlined in this amendment, and I am encouraged by the comments of the Minister in the other place to the effect that the Government are taking this issue seriously and are committed to introducing new laws to deal with it. However, I am concerned that in the interim farmers and landowners will continue to be harassed, bullied and threatened by illegal hare coursers—and may well be so for another year, or two years, or longer, unless the Government bring forward legislation quickly.

The legislative changes that I am proposing command the support of some of the UK’s largest rural organisations, including the National Farmers’ Union, the Countryside Alliance and the Country Land and Business Association.

Our police and courts need the backing of the law to properly deal with illegal hare coursing and I ask the Minister to provide the Government’s timetable for introducing new laws to better deal with it, unless they are prepared to accept these amendments.

I thank other noble Lords who have signed these amendments, in particular the noble Baroness, Lady McIntosh of Pickering, who, due to a clash, is in another debate. The noble Baroness asked me to read out a couple of comments that she was very keen to be made in this debate. “I am delighted,” she writes, “to add my name to this amendment and to lend it my strongest possible support. Tough action must be taken against the despicable crimes of hare coursing and lamping, the latter of which involves perpetrators from built-up areas such as Cleveland and West Yorkshire coming to rural areas, such as North Yorkshire, and leaving deer with such unspeakable injuries that the landowner is obliged to call a vet to put the animals out of their pain.”

“Rural crime,” the noble Baroness goes on, “must be taken more seriously and put on a par with all other crimes, in terms of not just reporting such offences but procuring and punishing the offenders.” She concludes by saying that “rural communities are being neglected, and that that cannot continue.” I am grateful for the support of the noble Baroness and other noble Lords. I beg to move.

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[Lord Sharpe of Epsom (Con)]

I am obviously sorry to have disappointed my noble friend Lord Caithness with that reply, but I can only repeat what I said earlier. I am afraid that these things take time, and the consultations are ongoing. We intend to do something about this problem.

[The Lord Bishop of St Albans]

My Lords, I share the disappointment of the noble Earl, Lord Caithness, because I am unclear exactly what the problem is; I have not heard anything substantive. I know that people working across rural areas in almost every sphere are absolutely passionate and are behind these amendments. There is a huge groundswell. I have been quite surprised, having tabled the amendments, at the appreciative comments from so many different groups. I totally accept that these amendments present only one solution, and I am aware of—and I welcome—the efforts of the honourable Member for North East Bedfordshire, who is an MP in my diocese and tabled the Private Member’s Bill in the other place. I will be meeting him before too long.

With the absence of any government proposals at this stage to deal with the matter, or to give any sort of assurances about timing, I am minded to bring these amendments back at Report. I would, however, be very happy to meet the Minister if that would help, to further discuss these proposals and see if we can find some way forward. With that in mind, I beg leave to withdraw the amendment.

Amendment 124 withdrawn.

Police, Crime, Sentencing and Courts Bill

Lord Bishop of St Albans Excerpts

Report stage
Monday 17th January 2022 Lords Chamber

[The Lord Bishop of St Albans]

My Lords, I declare my interest as president of the Rural Coalition. It is a great delight to stand in the House and congratulate the Government on tabling these amendments to address this very serious rural problem of hare-coursing, which has affected so many landowners and farmers across these islands. In particular, I pay tribute to the noble Lord, Lord Sharpe of Epsom, who really listened to the debate, when people from every part of the Chamber spoke. I know that he has taken that back to others. I am hugely grateful to him for doing that.

I know that this is something that the Government were keen to do and that the consultations with Defra and others were ongoing during the passage of the Bill, so I am grateful that we will not see the delay we thought we would face and that we can offer protection to rural communities and, indeed, hares. I will not say much about the actual amendments—they have been laid out already before us—but I note that the changes the Government are bringing forward are the result of a long-running campaign. I pay tribute to organisations such as the NFU, the CLA and others, which have continually raised this issue and campaigned for a change in the law.

I also pay tribute to our rural police forces and our rural police and crime commissioners. I have been speaking to those in my area who work in my diocese, and this has been a real issue for them. It has been very helpful that they have provided input and feedback on the sort of legislative changes that would be most useful to assist them to be more assiduous in combating hare-coursing. I hope these amendments will go a long way to assist the police to do this.

Of course, there will be some other problems beyond the legislative changes, such as with local police resources and their ability to arrive on time and in sufficient numbers to deal with it. That being said, this is a victory for rural communities, rural police forces, hares and, I believe, Her Majesty’s Government; I strongly welcome it.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I commend the government amendments, and congratulate the right reverend Prelate on his successful campaigning and all those behind it. It is great that we are seeing an awareness of the huge issues around wildlife crime, but this is very much a piecemeal approach, addressing one small element of wildlife crime, as important as it is. As the right reverend Prelate said, this is about the welfare of hares, as well as what is happening to people living in the countryside.

I ask the Minister—if he cannot respond now, I would appreciate a response by letter—whether the Government are considering doing something about the welfare of hares, particularly those being caught in spring and snare traps. There is a particular issue around Fenn traps approached by tunnels. There is guidance that says they should be restricted in size to the target species, but there is no legal provision on that. I am afraid there is some very disturbing documentation of hares, and pieces of hares, being found in such traps, and in Perdix traps. Think about what happens to an animal trapped by a paw and left to die, possibly for days, in terror and pain; I hope that that is something the Government are thinking about dealing with.

Briefly, on the wider issue of wildlife crime, I point any noble Lords interested in this to the Wildlife and Countryside Link’s annual report—there have been four of them now—on wildlife crime. It is the only summary available on the scale of the problem. As pointed out by that organisation, which is a coalition of 64 groups around the country, there is currently no recording of wildlife crime as a special category by the Home Office. That group is campaigning for that to happen. I hope the Minister might think about taking action on that.

Finally, we have a very solid law against the persecution of raptors, but we have to think about the use and application of that law, given that 60 hen harriers have been killed illegally or disappeared under suspicious circumstances on and around grouse moors since 2018.