Animal Welfare (Sentencing) Bill

Debate between Neil Parish and Mark Tami

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

[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.