Animal Welfare (Sentencing) Bill

Nigel Evans Excerpts

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

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

The hon. Lady has made some strong points. There of course is a cats competition ongoing at the moment, which Mr Speaker’s own cat is in, as is my cat, Charlotte, who is a rescue cat. On a serious note, she suffered significant abuse in the first few months of her life. I rescued her. She was extremely timid and extremely difficult and I have worked with her over the last few years to get her to a much better place. I really want to commend all the cats organisations, including Wood Green, Cats Protection, Battersea Dogs and Cats Home, which is running the cat of the year competition, and many others.

[Mr Deputy Speaker (Mr Nigel Evans)]

As the hon. Gentleman knows, the Chair shows no partiality whatever, but the Speaker’s cat is a very fine cat.

[Caroline Ansell]

I will give way to the Minister.

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[Daniel Zeichner]

I am very grateful to the hon. Member for giving me the opportunity to explain why it is actually Government Members who have been misled. At the moment, the protections are absolutely cast-iron, of course, but the day following the end of the transition period, all those cast-iron guarantees slip away. They can be changed and undermined by secondary legislation—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. I will allow the hon. Gentleman to respond to the intervention but let us not go too wide of the Bill, please; this has nothing to do with the Bill.

[Daniel Zeichner]

I am very grateful, Mr Deputy Speaker, but I do think that it is important to address these points when they are made.

We share the deep concerns of the animal welfare organisations that, once again, the Bill may run out of time. A letter sent to the Secretary of State this July, signed by a coalition of 11 organisations—including the RSPCA, Blue Cross and Dogs Trust—has been candid about this, saying that confidence in the Government’s commitment to deliver the Bill is starting to diminish, and what has been promised on so many occasions over the last three years has not materialised. What is needed is a clear timeframe for the passage of the Bill, including when the next stage will be scheduled, because we do not know how long this Session of Parliament will run. Would it not be extraordinary if the Government once again allowed this simple piece of legislation to fall through a lack of Fridays? What a feeble excuse that would be. Can the Minister provide a concrete guarantee that this Bill will now finally get the time it needs, and ensure that those tougher measures will be available to the courts in 2021?

We are supporting the Bill today, but will seek to improve it in Committee. We have concerns, which are shared by a number of stakeholders, about the scope of the Bill. The proposals apply only to the Animal Welfare Act 2006, and therefore do not apply to wild animals in the way in which they apply to domestic animals. Our concern is that this will create a two-tier system, even if that is by oversight rather than intention. In discussions around previous iterations of the Bill, we have had good debates about this issue. It is not always a simple or easy distinction, but it does raise possible cases. For example, torturing a pet cat and torturing a feral cat could lead to different penalties. They are both cats, they have both been tortured and they both suffer, so why the distinction?

There are also questions about the different penalties for organised crime. Cases of organised cruelty, such as gangs perpetrating dog fighting, would, we think, come under the Bill, but what about the equally serious and equally organised crime involved in hare coursing? We believe that the same sentences should be available to judges for similar or identical crimes, regardless of whether the animal is domesticated or wild.

Guilty offenders might well seek to persuade a court that a lesser sentence should be imposed if the victim can be classed as a wild animal, but animals have the same welfare needs and any attack on them has the same impact on their welfare, regardless of whether they are a domestic pet, a police dog or a wild animal. They all feel pain, they all suffer, and the people who harm them should feel the full force of the law.

I know that stakeholders have raised a number of additional issues, so I encourage the Minister to consider these carefully. First, will it be necessary to review and revise sentencing guidelines, once the Bill is passed, to enable the courts to establish clearly which offences would merit the toughest available penalties, which may not require a custodial sentence? Secondly, we will need to ensure that bans on keeping pets are properly monitored, recorded and enforced. Thirdly, will she consider the situation of dogs seized during proceedings, who will spend protracted time in kennels while cases go through the courts? Fourthly, will she consider whether filming animal cruelty offences for entertainment should be considered an aggravating factor in crimes, as raised earlier by the hon. Member for Redcar.

It has taken a lot to get the Bill to this stage. I thank the many Members across the house who have campaigned on the issue for many years, including, of course, my hon. Friend the Member for Bristol East, the hon. Member for Tiverton and Honiton (Neil Parish), and the previous Member for Redcar, Anna Turley. I also pay tribute to the animal welfare organisations that work so tirelessly on the ground to mend the animals that come to them abused and neglected, that have campaigned so successfully to see the Bill come to fruition, and that have continued to inform our debate today. In particular, I thank the RSPCA, Blue Cross, Battersea Dogs and Cats Home, Cats Protection and Dogs Trust for all their hard work.

I will conclude where I began, with Andy Knott of the League Against Cruel Sports. It has indeed been a long trek and, as he suggests, the truck always seems to be parked around the next corner. He says:

“Hop on and get this Bill back to barracks where tea and medals really do await!”

It is time to get on with it and get the legislation on the statute book. The Opposition will do all we can to make that happen and end the scourge of animal cruelty in our country.

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[Robbie Moore (Keighley) (Con)]

I congratulate my hon. Friend the Member for West Dorset (Chris Loder), who I know has worked incredibly hard in getting this Bill off the ground and getting it through to this stage. I thank him myself and on behalf of my constituents from across Keighley and Ilkley, who have contacted me on this specific issue.

We all love our pets. Whether it is cats, dogs, guinea pigs or, as our right hon. Friend the Education Secretary might say, a tarantula, we all seem to have that bond. I just want to outline a very tragic story that I picked up in my constituency. It was to do with an American bulldog, Smiler, who was unfortunately found by the RSPCA in a bath with her head bloodied. She had physically been abused and was found in a state where the owner had tried to clean her with bleach. That story illustrates the necessity of this Bill and how important it is that we strengthen the sentencing measures to give a clear demonstration that any animal cruelty will not be tolerated at all. Strengthening the provisions up to five years will go a long way to doing that.

I want to conclude, because I am conscious of time. On the Conservative Benches, we are animal lovers, and we are on the side of animal welfare through this Bill being pushed through the House. I am very pleased to see that it has been supported by the Government, and we have also seen the Ivory Bill, CCTV in slaughterhouses and an aspiration and a desire to stop live exports, which I am wholly behind. I am pleased that the Conservative Government will be driving this Bill through.

[Mr Deputy Speaker (Mr Nigel Evans)]

I will call the Minister next and then Chris Loder, and then the question will be put. Then we will just suspend for a brief moment for the sanitisation of both Dispatch Boxes before we move on to Sir Christopher Chope’s Bill.

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[Mr Deputy Speaker (Mr Nigel Evans)]

We now suspend very briefly for the sanitisation of the Dispatch Boxes. Will those leaving please do so socially distanced?

Sitting suspended.