Animal Cruelty: Sentencing

Neil Parish Excerpts

Tuesday 8th November 2016 Westminster Hall

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

It is a pleasure to serve under your chairmanship, Mr Hollobone. Thank you very much for dividing up the time; I shall try to ensure that I keep my speech below five minutes.

I thank the hon. Member for Redcar (Anna Turley) not only for introducing her Bill but for securing this debate. Whatever political party one comes from, what is going on is just abhorrent. The major issue, on which I hope we will hear more from the Minister, is the fact that however horrendous the crime, the maximum sentence that can be awarded is six months’ imprisonment. If the perpetrator pleads guilty, they automatically get two months knocked off that sentence, so they often serve around four months for the most horrendous crimes.

I agree entirely with the hon. Lady that if someone can string up a dog, cat or any other animal and beat it to death or kick it downstairs, or whatever the other horrendous things that have been happening are, it will not be too long before they can do that to a human. The Americans and others are linking things up and creating a register of those who have committed animal welfare crimes, and that would be a good way forward for this country.

[Robert Flello]

Does the hon. Gentleman think that as well as going on a register, those individuals should be reported to local social services, which should look carefully at their family environments?

[Neil Parish]

The hon. Gentleman makes a good point, and yes, they should. Some individuals will be just completely and utterly cruel and base; perhaps others will be challenged in some way and so not necessarily able to understand all they are doing. It is a combination of all those things. There needs to be a link with social services, but we also need to send a message not only to those who are blatantly cruel but to those taking part in dog fights and keeping dogs for that purpose. There is a criminal element out there. Sometimes, making money from inflicting animal cruelty can be an easy way of making some sort of a horrible living.

We are talking about sentient beings. Animals feel pain. Many of us present will have animals of our own. At home we have both a dog and a cat, and I have had many other animals in my time as a farmer. When someone has an animal, they are its protector. Animals cannot protect themselves, so they are very much in our care. They give us much love, and then what do we do? Individuals treat them so dreadfully and they cannot protect themselves. It is just absolutely horrendous. We need to ensure that we send the right message to everyone out there that if they are going to abuse an animal and beat it to death, they will get a sentence of at least five years, if not longer. That would ensure that we at least send out the message that animal abuse is absolutely wrong and that perpetrators will go to prison, and it would prevent others from going down the same route.

I do not wish to say anything further because there are others who wish to speak, but I ask the Minister to please deal with this problem seriously, as they have done in Northern Ireland. Let us be clear and put up the sentences massively.

I pay tribute to the RSPCA, Battersea dogs home, the Dogs Trust, Blue Cross and many other charities that do some marvellous work in trying to make sure that our animals are protected and looked after properly.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

I thank you, Mr Hollobone, for your efficient chairing of proceedings today. I begin by congratulating the hon. Member for Redcar (Anna Turley) on securing today’s debate on animal cruelty and the skilful way in which she is handling her private Member’s Bill. She is airing the issues here in advance of the Bill being brought before the House. As the Chairman of the Environment, Food and Rural Affairs Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish), rightly put it, this issue should go beyond party politics. I understand the strength of feeling about offences against animals and why people feel anger towards those who commit such crimes.

So far as the Government are concerned, this matter sits between the Ministry of Justice and DEFRA. I assure the hon. Member for Redcar that the Government take animal welfare seriously. I know that the topic is of widespread concern to many. I also appreciate the concerns about those who carry out appalling acts of cruelty on defenceless animals and the wider implications of the links between animal and human abuse. The research carried out by Teesside University has been mentioned, and I assure Members that we will look at it closely.

Northern Ireland and Scotland have also been mentioned in the debate. The question was asked why, if Northern Ireland can increase the maximum penalty for animal cruelty to five years, England and Wales cannot. Penalties are devolved to Northern Ireland. Each jurisdiction decides the appropriate maximum sentence for each offence, but we will look at the experience of Northern Ireland and Scotland and the impact the changes have specifically on offending behaviour. That is what we want to look at. We want to ensure that increasing the maximum sentence has an impact on offending behaviour.

[Neil Parish]

While it may be DEFRA that deals with animal welfare, it is the justice system that deals with sentencing. It is up to our courts to decide the length of sentence, but a maximum sentence of only six months gives the court very little flexibility. If we increased that maximum sentence dramatically, the courts would have much more flexibility in dealing with cases.

[Mr Gyimah]

I thank my hon. Friend for his intervention. I will come on to the six-month point in a second, but on the five-year point, a maximum five-year sentence would be the equivalent of a sentence for gross bodily harm of a human being. Those are serious offences, and we do not have to stand back. The penalties need to work across the board. In other words, if we increase the penalty to five years in line with GBH, we will have to look at sentencing across the board. That is something the Government need to do to ensure consistency in the criminal law, which is important. As far as Scotland is concerned, again this is a devolved matter.

As is often said, however, prevention is better than cure. To that end, some animal welfare organisations help educate youngsters in animal welfare. I should mention the role of the RSPCA, as other Members have. It does great work in schools. Blue Cross, too, works in schools with children to help them become informed, responsible and active citizens. It is interesting to note from my research for the debate that the RSPCA has been campaigning for and enforcing animal welfare legislation for nearly 200 years. In that time the organisation has built huge expertise in animal welfare. It of course not only prosecutes people, but provides advice to owners about how to look after their animals properly. The Government recognise that tremendous effort, and it is to the credit of the RSPCA that it has improved the lives of many animals.

I am, however, aware of horrible cases, some of which have been mentioned today, specifically the one involving the Frankish brothers and their pet bulldog. I hope that Members appreciate that I am unable to respond specifically on the details of that case, but many people consider the penalty to have been too lenient. On that point, I would pick up on another issue that was raised: how we deal with unduly lenient sentencing. The Attorney General refers some sentences he considers unduly lenient to the Court of Appeal to reconsider. Those are summary-only offences and so animal cruelty is not currently within that scheme. That includes assault on humans and common assault, which are also not within the scheme. The Government are considering the scope of the scheme and how to implement our 2015 Conservative manifesto commitment to expand it.

On sentencing, we should remember that it is a matter for our independent courts. The court is best placed to decide on the appropriate penalty for an offence because it is in possession of the full facts of the case, many of which might not be reported in the newspapers. When deciding what sentence to impose within the maximum limits available, the courts are required to take account of all the circumstances of an offender, as well as mitigating and aggravating factors.

On maximum penalties, it is worth stressing that while sentencing is a matter for the courts, setting the framework that the courts work within is a matter for Parliament, as we all know as legislators. The maximum sentence of six months’ imprisonment for causing unnecessary suffering to an animal was set by Parliament to cover the most serious imaginable behaviours for that specific offence. It was only last year that the maximum fine for causing unnecessary suffering to an animal was raised from £20,000 to an unlimited fine, although I note the point made by the hon. Member for Redcar that in imposing that fine, the courts often means-test it to make sure that it is payable. I am aware of that nuance.