Animals (Penalty Notices) Bill

Lord Randall of Uxbridge Excerpts

2nd reading
Friday 18th March 2022 Lords Chamber

Moved by

[Lord Randall of Uxbridge]

That the Bill be now read a second time.

[Lord Randall of Uxbridge (Con)]

My Lords, I beg to move that this Bill be now read a second time. I am delighted to be sponsoring this Bill here in your Lordships’ House this afternoon. It was steered successfully through the other place by my honourable friend Andrew Rosindell MP, who, as I think many Members in this House will realise, is a real champion of animal welfare.

The Bill will be part of the landscape of change that our farmers, animal keepers and animals deserve. I do not think I am speaking out of turn when I say that our high standards of animal health and welfare are something of which we as a nation are rightly proud. The Bill introduces a valuable addition to our enforcement tools to promote early redirection and positive behaviour change for those failing to meet these standards.

Let me give some context to the intention of the Bill. I apologise to noble Lords: I am normally very keen on making speeches as brief as possible, but I think it is worth getting as much as possible on the record—words I used to hate when I was a Whip—because not everybody will be here today to hear these words and it may give them some reassurance before we go further. I want to give an overview of the cross-compliance scheme, which currently sits under the EU common agricultural policy. Cross compliance is a system linking CAP payments to regulatory compliance, because the major vehicle for enforcement of standards on farms and its application of payment deduction is widely regarded as disproportionate. In this scheme, automatic and sometimes swingeing financial penalties can be imposed for non-compliance. Agricultural strategy and policy have been shaped by the CAP for more than 40 years. Now we have left the EU, we have an opportunity to replace this regime with a more proportionate and flexible approach.

As CAP payments wind down and with cross-compliance ending in 2024, there will be a wide enforcement gap between issuing advice and pursuing criminal prosecution. This would allow many offences to slip through the net without appropriate and proportionate recourse. We have an opportunity here to close this gap, improve enforcement on farms and provide new, more consistent penalties. The reason I say “more consistent penalties” is that, with this Bill, we have extended beyond farm animals to include all kept animals, including companion animals and zoo animals, as well as animal products and by-products. Penalties have been designed as the proportionate approach to redirect behaviour when animal keepers and businesses are falling short of the standards required of them. Defra Ministers have given assurances in the other place that penalty notices will not be appropriate for more serious offences—that is important. For these offences, prosecution is still the most appropriate course.

Just as the animal health and welfare pathway will provide advice and positive incentives to produce even healthier, higher-welfare farm animals, it is important to note that enforcement action starts with advice and guidance. It is important to give individuals a chance to comply before financial penalties are issued. The framework for penalty notices in the Bill will apply across animal health, welfare and biosecurity legislation. The measures in the Bill form part of a broader approach to maintaining and enhancing high domestic animal health and welfare standards, enhancing productivity and giving confidence to consumers and, indeed, international trading partners.

The Government published an Action Plan for Animal Welfare in May 2021, which sets out a range of reforms to ensure that the welfare of all animals builds on the UK’s high standards of animal welfare. These penalties are not intended to replace or substitute any of the other enforcement options we currently have, nor does the Bill introduce any new offences. It is not a stand-alone tool and we expect penalty notices to be used after or alongside advice, guidance or, indeed, an improvement notice. A financial penalty highlights the importance of complying with the rules and rectifying the issue. The use of the penalty notice does not mean that an individual can pay to shirk their responsibility: they would still need to put the issue right.

I shall give a brief overview of the content of the Bill as it is written. Again, I apologise for going through this, but it is important. Clause 1 defines the scope of legislation covered by the Bill and the role of enforcement authorities in issuing these penalties. It also sets out who the enforcement authorities may be. The Bill states seven pieces of primary legislation that it covers. I want to be clear that the Bill does not alter or create any new offences. Only the primary legislation and any subordinate legislation under that will be covered by these penalties. It covers only kept animals—so, for example, if something is not an offence already, this Bill will not make it an offence.

Clause 2 details the role of constables in issuing penalty notices under the Dangerous Dogs Act 1991. Clause 3 is the workhorse of the Bill: it sets out the structure, including the maximum penalty, which is £5,000—I emphasise that that is a maximum penalty—with a reduction of 50% if the fine is paid within 14 days. It also specifies the burden of proof, which sets out that the enforcement authority must be satisfied beyond reasonable doubt in order to issue a penalty. Clause 4 details the measures in place to ensure that the Bill is a reasonable one. It sets out the matters that must be considered consistently by enforcement authorities to give protection both to the enforcement authorities and the individuals who receive penalty notices.

Clauses 5 and 6 state the responsibilities of enforcement authorities once a penalty notice has been issued. This includes the need to surrender any profits to the Consolidated Fund and the need to report annually on the usage of those penalties. In doing so, enforcers will be able to fund their enforcement of the law, but they will be unable to use these penalty notices as a revenue-raising tool—that is important.

Clause 7 emphasises that this is an enabling Bill and the usage of penalty notices will be determined by government, as it continues to engage with stakeholders, many of whom have acknowledged that this will be where the detailed work begins. It is also very important to emphasise that.

Clause 8 gives key definitions, including for local authorities, which by definition also includes unitary, district and metropolitan councils. Finally, Clause 9 gives information on the extent and commencement of the Bill.

I will refer back to a point I made about the type of offences that would be suitable for penalties. I have said that these financial penalties will not be suitable for the most serious offences. I know that officials in Defra have discussed this at length with key stakeholder groups. Animal cruelty offences are severe crimes that should face the full force of the law and the Bill does not intend to dilute their severity. The Animal Welfare (Sentencing) Act introduced longer prison sentences for crimes against animals and the Bill will not impede its operation.

As has been stated in the other place, these penalties are not to be used for severe offences that should be dealt with by the courts, if there is a concern that the Bill might water down the seriousness with which we respond to severe crimes. I reassure noble Lords that that is not the intention of the Bill; in fact, it is drafted to avoid this. The farming community understandably has a strong desire to understand how penalty notices will be used in practice. As I and others in the other place have said, penalty notices will not be issued for acts that should be prosecuted.

If noble Lords do not mind, I will talk through an example of where a financial penalty would be appropriate; it relates to bovine tuberculosis and the movement of animals. Post-movement tests are mandatory for cattle moved into parts of England with low TB risk from higher-risk areas. This is an important control that helps to protect the east and north of England. Within the areas in England with low TB risk, there may be less awareness of the implications of having to live with the disease because it is currently not a major concern for most who farm there. In many cases, a reminder of why it is important to comply with statutory disease controls will have the desired effect—but, for some individuals, that may not be sufficient. So although not testing is an offence, it is often not a proportionate measure to prosecute. A notice would be issued to the farmer to resolve the issue in a timely manner by carrying out the test. If it is not resolved, a penalty would be issued to highlight the importance of complying with the notice and reducing the risk of spreading the disease. I trust that this gives both noble Lords and indeed farming NGOs a greater understanding of where penalty notices will add value to our enforcement abilities.

I reiterate that the Bill extends beyond animal welfare alone: it covers legislation spanning health, welfare, biosecurity and animal by-products. The majority of offences captured by it fall under those other areas. For these offences, there is currently a gap in our enforcement options between advice and prosecution. Penalty notices are an additional tool, to be used alongside other tools to influence behaviour change.

Penalty notices are not a new introduction to the world of enforcement and, as many of your Lordships will know, they are already used in both civil and criminal enforcement regimes. England uses financial penalties for minor environmental offences, such as littering: a person who drops a cigarette butt on the floor may find themselves receiving a £50 fine. Although all environmental offences are wrong, we can see how this offence, compared to more serious environmental crimes, would be suited to a fine instead of pursuing a court case as a first step. This is the aim of the Bill: to introduce a financial penalty system that works for animal health and welfare offences too severe for just advice and guidance, yet not severe enough that pursuing a court case is an appropriate first step.

The devolved Administrations are also introducing financial penalties in the animal health and welfare space: Scotland introduced powers in 2020 to be able to introduce financial penalties in secondary legislation, and Wales has published a White Paper with proposals to use civil sanctions for relevant animal health and welfare offences. The Government are proposing criminal financial penalties in England so that we can have the option to still pursue court action in the event that an individual chooses not to pay the penalty.

The Bill itself introduces enabling powers, and much of the detail will be determined in the secondary legislation and formal guidance that is yet to come and which will be laid before Parliament. This Government have committed to ensuring that penalty notices are applied fairly by building on the matters to be considered in Clause 4; this is one of several safeguards in place.

It has been reiterated many times in the other place that officials are committed to working closely with stakeholder groups to make sure that these penalties are applied fairly and proportionately. I wish to highlight that commitment here, as I am sure my noble friend the Minister will do later. I make particular reference to my honourable friend Victoria Prentis MP, for her commitment in the other place.

It has been identified that the farming sector could benefit from a consideration period of two weeks, during which the inspector or enforcement authority takes some time between identifying the problem and issuing the penalty notice. This consideration period would allow for the issue to be put right and, if it is not, a penalty would be issued. After this consideration period and the issuing of a penalty, there is an additional safeguard in place: if an individual disagrees with a penalty they have been given, they have the option simply not to pay it. In this case, the enforcement authority would choose whether to pursue court action or not.

Let us not underestimate the significance of this safeguard. Enforcers would need to ensure sufficient evidence was collected to prove the guilt of the individual in order to take the case to court. This is no small task, and it is an extremely powerful safeguard, which I trust reassures noble Lords that these penalties will not be applied over-zealously. Although officials have identified the farming sector as one that would benefit from a consideration period, that does not mean that every offence or sector would benefit. The framework will allow for the issuing of on-the-spot fines and more delayed issuing if there is a consideration period in place.

I highlight that penalty notices will be tailored to fit the offence, and the animal sector in which it applies. Defra has committed to engaging fully with industry and other experts to decide how penalties will be used in practice. The general public, as well as noble Lords in this House, care greatly about animals in this country. This Bill is a small but important step towards improving the way in which we positively change behaviours that are harmful to the health and welfare of animals, as well as the biosecurity of our nation. The current enforcement toolkit needs additional options to tackle offences that are too severe for just advice and guidance, yet not severe enough for immediate criminal prosecution. This is a strong but simple tool that will clearly communicate the importance of following the rules we have in place.

To sum up, the Bill is broadly supported by the House, by animal health and welfare organisations and by the public. I beg to move.

--- Later in debate ---

[Lord Randall of Uxbridge (Con)]

My Lords, I thank all noble Lords for the consideration and contributions that they have given today. I sincerely thank the Minister for reiterating the Government’s continued support for this Bill and for endeavouring to answer some of the questions. I am sure that between us we can reassure on some of those other questions that have remained not quite answered. I look forward to supporting the Bill through its remaining stages.

I very much thank the noble Lord, Lord Carrington. He was almost enticing me to go down the path regarding kites and ravens but it is not in this Bill and, as a council member of the RSPB, I do not want to get completely taken down there. However, on that issue, which my noble friend Lord Shrewsbury also mentioned, the populations of some of these have grown exponentially. Only a couple of days ago I heard the first raven over suburban Uxbridge. We do not have many sheep farmers there, but these things are growing; I hear kites regularly. Although it is not in this Bill, we must have a mature discussion about this, otherwise farmers and other landowners might take the law into their own hands and do illegal activities which make the whole situation worse. I echo that.

My noble friend Lord Shrewsbury is far too modest. If I had known that he could have taken this through, I would have been only too delighted to defer to him. As we have heard, his experience with horses and other things far exceeds my own—so I will see if I can find him a job somewhere.

The noble Baroness, Lady Bakewell of Hardington Mandeville, wanted to take us a little bit down the path of the Dangerous Dogs Act, which I do not think is in this Bill. I also thank the noble Baroness, Lady Jones of Whitchurch, for some pertinent questions and will give her the reassurance I can: when it comes to secondary legislation, I shall keep a close eye on this as well. Statutory instruments are not always the thing that people like to get involved with, but they are probably some of the most important things. I often think that some of the strangest measures, certainly in the other House, are passed on a wet Wednesday afternoon when nobody is watching. So we will have to keep an eye on that.

Anyway, I again thank my noble friend the Minister very much. I also extend my sincere gratitude to those outside the House who have given unrelenting commitment to working with officials to take the Bill to where it is today. As my noble friend the Minister said, I know that officials have engaged particularly with the RSPCA and the National Farmers’ Union, and I am thrilled that constructive meetings have brought us to a place of agreement and contentment—he said hopefully. Officials are fully committed to continuing this engagement when we move to the next stage, which will include, importantly, writing the official guidance and drafting the secondary legislation.

I also thank very much the officials in Defra and the Government Whips’ Office who helped with the preparation for the Bill’s Second Reading and gave me more eloquence than I would normally exude. I close by once again expressing my gratitude to all noble Lords here today. I very hope the House will give the Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.

Animals (Penalty Notices) Bill

Lord Randall of Uxbridge Excerpts

Order of Commitment discharged
Monday 28th March 2022 Lords Chamber

Moved by

[Lord Randall of Uxbridge]

That the order of commitment be discharged.

[Lord Randall of Uxbridge (Con)]

My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.

Motion agreed.