Animals (Penalty Notices) Bill

Lord Carrington Excerpts

2nd reading
Friday 18th March 2022 Lords Chamber

[Lord Carrington (CB)]

My Lords, I declare my interests as a farmer, as set out in the register, and my membership of the National Farmers’ Union, which broadly welcomes and supports this Bill.

Like the noble Lord, I welcome this Bill, which fills an important gap in animal health and welfare legislation. My one concern—and this is the same issue raised by the noble Lord, Lord Randall—relates to the lack of a defined appeal procedure in the primary legislation. Happily, the Farming Minister in the other place has now provided some clarity and assurance that discussion with involved parties will be at the centre of any enforcement proceedings and will be covered in secondary legislation. This will enable farmers to give reasons for an appeal before facing the blunt instrument of a penalty notice charge, which is important in cases where there is a misunderstanding or misinterpretation on either side. Without this assurance, the farmer has a choice only of paying the penalty or facing prosecution. A simple, specified appeal process before a prosecution would save a lot of time, aggravation and money for all concerned. Could the Minister reconfirm that that assurance will be covered in secondary legislation?

I make one other observation in relation to animal cruelty and the application of penalties. Like other sheep farmers in the Chilterns, we have faced an increasing number of attacks—including the horrific gouging out of newborn lambs’ eyes, and their consequent deaths—by ravens and red kites, both of which, despite their growing numbers, are protected birds and for which farmers cannot obtain a licence to kill. Only this morning—I do not exaggerate—I witnessed such an attack on a lamb by a raven. Surely, licences to shoot these birds should now be considered.

It seems a terrible irony that a farmer can be prosecuted but not those kites and corvids. Perhaps, however, the Minister could consider penalty action against those who introduce or release previously extinct and dangerous species, whether bird or mammal, into our countryside without also introducing the means to control them. Perhaps this could be covered in the animal sentience legislation, like the suffering of crustaceans. Surely, lambs have feelings too?