Animal Welfare (Sentencing) Bill

Debate between Neil Parish and Jacob Young

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

[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!