Animal Welfare (Sentencing) Bill

Neil Parish Excerpts

2nd reading & 2nd reading: House of Commons
Friday 23rd October 2020 Commons Chamber

[Neil Parish (Tiverton and Honiton) (Con)]

It is a great pleasure to speak in the debate and to back the Bill from my hon. Friend the Member for West Dorset (Chris Loder), who is my neighbour and my friend. I am delighted that he has brought this Bill forward. Many things have been discussed, but we must remember that the Bill is about bringing in five-year sentences, so that the courts have the chance to give a good, long sentence to those who abuse animals. That is not available yet, but I would very much welcome it.

Before I start my main speech, I will diversify for a moment and raise halal slaughter. After leaving the European Union, we can introduce New Zealand’s system, which allows animal to not feel pain and be recoverable. It deals with the religious side, and the animal is all but stunned at slaughter. We cannot do it under EU law at the moment, but we will be able to when we leave. That will be a real opportunity, and I look to the Minister. I have many scars from dealing with this issue, not only here but in the European Parliament. I want all animals stunned at slaughter. We have a real opportunity as we leave the EU to get that sorted.

[Chris Loder]

I thank my hon. Friend and neighbour very much indeed. I wholly agree with everything he says. The Bill was not introduced just for religious reasons. A whole host of other matters have been highlighted, including that 25% of all sheep are slaughtered without being stunned, and that there are quite clearly other loopholes that some are taking advantage of. It is just a point-blank issue and is not specific to religion or anything else.

[Neil Parish]

One thing I have learned about this issue over many years is that the religious side has to be dealt with as well as the animal side. We have a real opportunity to bring the two together, because if we do not, I assure him that he will bear many scars, as I do, into the future. We have to deal with this, and I really think we can sort it.

It is also good to follow the hon. Member for Bristol East (Kerry McCarthy). She did a lot of good work on the Environment, Food and Rural Affairs Committee, and I miss her being on it. I agree entirely with her that we need to get more dogs into schools. We have a charity in the west country that gets dogs into schools, so that children can see the right way to handle a dog and look after it. Most of us were brought up and live in families that look after pets properly, but there are children who are not reared in the same way and who see cruelty to animals. If we are not careful, that will carry on over the generations, so getting dogs into schools is so important.

This is a very great day; we will get the Bill through, and I gently chastise the Government that we have taken rather a long time to get here. We could have tagged it on to one or two other Bills over the years, but it is a delight that we have it here today. The UK is, without question, a nation of animal lovers. Some 50% of adults own a pet: 9.9 million of us own a dog, while 10.9 million own a cat. By the way, Wilberforce, our dog, who was Westminster dog of the year in 2011, is delighted that today’s debate is taking place. He is sitting on the couch in our flat in Battersea watching it as we speak. Seriously, though, this is a great moment.

Too often we hear reports from animal welfare charities of mistreatment and neglect. Last year alone, the RSPCA brought 1,432 convictions for animal welfare offences to the courts. Such offences range from neglect, often where the owners do not have the means to care for the pet, to cases of excessive violence and cruelty. We always have to differentiate those, because there are some people who do not necessarily understand what they are doing or have the resources. I do not justify it for one moment, but there is a great difference between that and the cruelty that is out there. Some do not mean to be cruel but are; others really go out to beat the dog to death. Those are the ones we need to ensure do not get away with a four-month sentence. I am adamant about that.

Animal cruelty can have a lasting impact on an animal’s physical state and temperament, affecting their ability to trust and function. My hon. Friend the Member for West Dorset made that point about the dog that he has now, which had obviously been very badly treated. Such abhorrent crimes have no place in our society, and we should do our utmost to prevent and punish such behaviour. In the 2019 general election, I, like all Government Members, and I suspect all Members across the House, stood on a manifesto that committed to introduce tougher sentencing for animal cruelty. This is a moment at which the House can come together in the very best way, and we can unite all parties, because we need to sort this out once and for all.

I strongly support the Bill, not only because it strengthens penalties and offences, but because it creates a stronger deterrent against animal abuse. In 2016, the Environment, Food and Rural Affairs Committee published our “Animal welfare in England: domestic pets” report, which examined the legislation in place to ensure the welfare of pets. The report found several flaws in our current legislation and called for current measures to be strengthened to protect animals. One key recommendation was for tougher regulation of the buying and selling of pets. That could be puppy smuggling or all sorts. People need to be able to see the mother when they buy the dog. They should see the mother of the kitten as well, if they can, because they need to know whether the animal has been properly socialised.

[Mark Tami]

On the importance of seeing the mother of the puppy, does he agree that there are still very bad practices where dogs in particular are brought in from abroad, reared in very bad situations, and then placed in what appears to be a nice, clean environment, when the history of that dog and those puppies is in fact very different?

[Neil Parish]

The right hon. Gentleman is right. Unfortunately these gangs—because that is what they are—of criminals set up almost a sting operation. There is a dog there, obviously not the mother, and they have imported the puppies or brought them in in vans, very often under seats and all sorts of things, in very bad conditions. They could be suffering from quite a lot of disease and people do not realise that they are buying a smuggled puppy. Of course, a lot of the breeds are very expensive. We are talking about big money. Unfortunately, there is a lot of money to be made in smuggling in puppies and selling them illegally, and that is why it is something we need to take very seriously.

As I said, a ban on commercial third-party sales is now in force. Again, we have to ensure that that actually works. I question whether we need to be able to bring in five puppies legally from the European Union or anywhere else in the world. I do not think we need five puppies for domestic use. Very few people buy five puppies to keep themselves; if they wanted to do that, they could have a special licence for it. Let us reduce the limit to two. I think two puppies would be fine, but five is unnecessary; again, it is a legal loophole.

The Committee also recommended that animal welfare should be included in citizenship classes in schools and that DEFRA should continue to work alongside animal welfare charities to create public awareness of the Animal Welfare Act 2006.

[Mark Tami]

The hon. Gentleman is being very kind. One issue that I have been worried about for a long time, which relates particularly to dogs, is the fashion situation: a breed becomes very fashionable and its value leads to a lot of the illegal trade and puppy farming. However, when those dogs become unfashionable, we have only to go to Battersea dogs home to see that, for all sorts of reasons, people no longer want them, and they end up looking for other homes.

[Neil Parish]

The right hon. Gentleman is right. Dogs become fashionable—perhaps a particular film is on television and everybody wants that particular dog—but then they go out of fashion, or they are very expensive to keep because they need to be clipped all the time and all these sorts of things, so they are discarded. There has also been a problem with pugs, where the fashion is to have them with shorter and shorter noses. The trouble is that eventually they cannot breathe. Breeders have even done that in this country. The Kennel Club has done quite a lot to try to improve that; but in the end, all these sorts of things are a form of animal cruelty. Some do not mean to do it, but again, we must be careful that we do not, through fashion, create a certain amount of animal cruelty by default.

The Committee also called for

“the establishment of an animal abuse register of those convicted of animal cruelty offences and who have been disqualified from keeping animals.”

It is very difficult for authorities to track people who have been banned. The Americans have done quite a lot of work on following those people. People who abuse animals often abuse people, too, and it is key that we make sure that we follow those who have been very cruel to animals.

The current penalties for animal welfare offences are feeble; the punishment does not fit the crime. Sentences for animal cruelty are woefully low. How is it right that a person in this country can maim, torture and murder a pet and receive a maximum sentence of only six months? Too often, those charged with the most violent animal welfare offences do not even receive a custodial sentence.

During the Committee’s evidence sessions, the British Veterinary Association pointed out that the maximum custodial sentence of six months was very rarely given, as the sentencing guidelines gave a starting point of 18 weeks for serious offences—a point that has already been made. I welcome the review of the sentencing guidelines in April 2017, which sought to ensure that the most serious cases of animal cruelty received appropriately severe sentencing, within the available maximum penalty.

Animal welfare offences continue to rise, however. As RSPCA prosecution figures show, from 2016 to 2018, the number of prosecutions secured in magistrates courts rose by over 200 to 1,678. Of the 1,000 or so people who are prosecuted for animal cruelty each year, on average only 10% are given custodial sentences. In 2018 alone, 862 people were found guilty of animal cruelty offences.

We have already heard of some horrible cases in recent years. In 2016, a pair of brothers filmed and sent images of themselves throwing a bulldog terrier down several flights of stairs. They then stamped on the dog’s body and viciously headbutted it. The terrier suffered serious injuries to her back, losing all ability in her hind legs, not to mention the terrible emotional trauma inflicted on the poor creature. Unfortunately, the dog, whose name was Baby, had to be put down due to her injuries. The fact that the dog was called Baby makes one wonder what these people could be capable of and whether that could include violent actions not just towards animals but towards humans, too.

[Jacob Young]

Does my hon. Friend agree it is shameful that the two individuals involved in Baby’s case did not serve any custodial sentence?

[Neil Parish]

My hon. Friend is right, and we are here today to try to put that right. This cannot go on. Those brothers received only suspended sentences, and such cases demonstrate why we need much stronger sentences in legislation, to ensure that the courts can punish animal abusers in the way the public would expect. The courts need stronger sentences in their arsenal. The Bill will ensure that the most violent acts of animal abuse are dealt with accordingly, and it will make individuals think twice before neglecting their responsibilities or causing harm to animals. As the number of animal abuse cases increase, we need a stronger deterrent across England and Wales.

Last year the RSPCA was called to a property in Wales, and inspectors found 35 ponies trapped in dilapidated barns, outbuildings and overgrown paddocks. During the inspection, three other ponies were discovered trapped underneath a fallen metal roof, pinned to the ground by its weight. The trapped ponies could not move and were found with lacerations and injuries across their bodies. Elsewhere on the property, starving ponies were found in tiny paddocks, and all had overgrown hooves and various injuries. Six of the ponies were lame, and another horse was found dumped on a rubbish heap. It is just horrendous. In that case, the owners were sentenced to 16 weeks and 12 weeks respectively, suspended for one year. It seems that the courts are not taking animal cruelty offences most seriously, and we need to change that in Parliament. As has been said, we must also ensure that we enforce these regulations, not just bring them in.

Tougher sentences are urgent, and I welcome the Government’s great ambition to set the global gold standard for animal welfare, with the protections set out in the 2019 Conservative party manifesto. However, England and Wales remain gravely behind in their sentencing laws, compared with the other nations of the UK and across Europe. A survey of more than 100 jurisdictions carried out by Battersea Dogs and Cats Home showed that we have the most lenient sentencing regime, with a six-month maximum custodial penalty. No other country has a lower maximum sentence.

Ireland and Latvia have introduced sentences of five years, and other European nations are not far behind, with most countries having sentences of between one and two years. Canada, Australia, and New Zealand all have sentences of up to five years, and in Northern Ireland, following a review of the Welfare of Animals Act (Northern Ireland) 2011, the maximum sentence was increased to five years. In Scotland, a consultation is taking place for a maximum of five years, so we must get up to speed and get that five-year sentencing. England and Wales are not only behind our European partners, but we are falling behind the rest of the UK.

We must have a gold standard for animal welfare across the whole United Kingdom. We are a nation of animal lovers, as indicated by the number of Members here today to support the Bill. We need to get this right. We have a very able Minister, and I urge her to say to Government lawyers that there is a way of getting the Bill through. They do not need to make it hugely complicated, as they have done in the past, and—dare I say it?—they need to get on with this, deliver it, and support the Bill. Let’s get it done!

--- Later in debate ---

[Caroline Ansell (Eastbourne) (Con)]

It is a pleasure to follow my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont). I echo the point that he made about the value that animals have on the wellbeing and the learning of children. In his constituency, in mine and across the country, animals play a hugely significant role in learning and development. In that light, I mention West Rise Junior School in my constituency, which, perhaps unusually, has a farm where children can learn about the lifecycle and welfare of animals. Perhaps more unusually, it also has, to its credit, a small herd of water buffalo that grazes the marshland and that inspires the children’s artwork, poetry and creative writing. Right across the curriculum, the herd’s presence and inspiration is felt.

I pay tribute to my hon. Friend the Member for West Dorset (Chris Loder) for bringing this Bill forward today. It is hugely important. He is absolutely right when he says that it means a great deal to very many people. My last email before I rose this morning came in at one minute past midnight and urged us to make this change.

The change would promote our ambition and aspiration to be a world leader in the care and protection of animals. My hon. Friend’s story about Poppy was distressing, then infinitely heart-warming. He is right when he calls on us to recognise our legal and moral responsibility, and this Bill will send a powerful message. I was pleased, too, that he signposted pet theft, animal slaughter and animal sentience, which are all hugely important.

I will pick up on two points made by my hon. Friend the Member for Tiverton and Honiton (Neil Parish), one lighter and one darker. I echo the concern about the link between the abuse of animals and the later and longer abuse of people. The link is well established, so it is critical to take action on that front.

Perhaps as a point of information—I congratulate my hon. Friend on his success in Westminster dog of the year—I would like to raise in the name of cats everywhere whether there could not be an equal and opposite competition, or whether it was by dint of their aloof and disobliging nature that there was no such show. I have not always, I confess, been a cat lover.

[Neil Parish]

Will my hon. Friend give way?

[Caroline Ansell]

I better had. I think I am in trouble.

[Neil Parish]

I thank my hon. Friend very much for giving way. I will pass on her good regards to Cats Protection. I suspect we will be able to have a Westminster cat of the year. We will work on that.

[Caroline Ansell]

I thank my hon. Friend.