Animal Welfare (Sentencing) Bill (First sitting)

Debate between Oliver Heald and Luke Pollard

Committee Debate: 1st sitting: House of Commons
Tuesday 23rd July 2019 Public Bill Committees

[Luke Pollard]

Fantastic. I would like to come back to Inspector O’Hara later when other Members have put their questions.

[Sir Oliver Heald]

Q As you know, there has been a recent change in the law to make it more straightforward to prosecute under the Animal Welfare Act, in the case of service animals. At the moment, the sentencing guidelines talk about taking account of the fact that an animal is in public service.

Do you think there is a case for making the situation of the service animal clearer in the sentencing guidelines, and making it absolutely clear that it is an aggravating feature to attack a service animal? Inspector O’Hara might like to start on that.

Inspector O'Hara: Obviously, the service animal provision is relatively new, and we have yet to see how that will play out in court. I take quite a pragmatic view that the courts will be able to read between the lines with what is specifically written in the guidelines, to come to a correct conclusion in that regard.

Wild Animals in Circuses (No. 2) Bill (Third sitting)

Debate between Oliver Heald and Luke Pollard

Wednesday 22nd May 2019 Public Bill Committees

[Luke Pollard]

Our amendment seeks to include the words “caravans, trucks and trailers” after “vehicle”, which comes under the broad definition that the Minister has mentioned in his previous remarks about movable structures. It aims to ensure the comprehensive nature of the schedule, and to ensure that all the areas where a wild animal could be stored or transported are covered by this legislation.

As we heard from yesterday’s evidence, some animals require larger travelling cages, and—I imagine—some require smaller travelling cages. Not knowing the precise size of a travelling cage for a raccoon, I imagine it is considerably smaller than that of a zebu. That means we need to make sure that the different types of vehicle that could transport and store any of those wild animals at any time are sufficiently encompassed in the law that we are scrutinising.

[Sir Oliver Heald]

I am slightly concerned about this from a legal point of view. Surely a vehicle is any instrument of conveyance, so if we qualify it by talking about “caravans, trucks and trailers”, are we not narrowing the definition?

[Luke Pollard]

I am grateful for that point; I think that the right hon. and learned Gentleman has got to the nub of what I am trying to get at with the Minister. I am trying to set out clearly what is included in the definition. We do not seek to qualify what a vehicle is; we stress “including” to make sure that definition includes those different movable structures and vehicles that could be home to any wild animals at any point. The right hon. and learned Gentleman has correctly identified my ruse: getting the Minister to put on record that all those different vehicles and movable structures would be included, to make sure that there can be no hiding place for any wild animal in the event of an inspection by an inspector or, as we heard earlier, a constable enforcing the requirements.

Animal Welfare (Service Animals) Bill

Debate between Oliver Heald and Luke Pollard

3rd reading: House of Commons & Report stage: House of Commons
Friday 8th February 2019 Commons Chamber

[Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)]

I particularly thank the right hon. and learned Member for North East Hertfordshire (Sir Oliver Heald) for bringing forward this Bill and for his persistence in championing the cause of police dogs for so long. As in the previous stages, the Opposition will fully support this Bill as it corrects a crucial imbalance in animal welfare. Service animals are sentient beings that bravely and loyally serve the public. The law should recognise them as such and give them the protections that they deserve.

I join hon. Members in paying tribute to the brave police dog Finn. Opposition Members could not quite see him when he made his tour de force in the Public Gallery, but we look forward to being invited to the Government Whip’s Office for a photo later. This is not something that normally happens to Opposition Members. [Interruption.] Ah, there he is—brilliant. I look forward to visiting the Whip’s Office to see Finn in person, and to say thank you to PC Dave Wardell and all those who have campaigned for Finn’s law.

As we have heard from the right hon. and learned Gentleman, Finn protected PC Wardell from an attack that might have cost him his life or at least given him serious injuries. Finn’s case was extreme but, sadly, not unusual for police dogs. Life is rough, so we are told, and police animals are routinely put in harm’s way to protect us in the name of the law. Surely the time has come for the law to protect them as well. Every service animal matters and this Bill, when implemented, will make that true for police dogs. Police dogs and police horses are valued public servants and, like Finn, can be real victims of violence and animal cruelty. The law must give them the protection they deserve.

I am sure many Members in this House are followers of Devon and Cornwall police dogs on Twitter—DC_PoliceDogs. Rightly, it is one of the most popular Twitter accounts in Plymouth and the far south-west. It is a reminder of the daily work that police dogs do not just in big cities, but in rural areas such as the far south-west. It is fantastic to see how they join up with other service animals, such as the Devon and Somerset fire and rescue service specialist search dogs. All of them deserve good protection.

Labour Members have been at the forefront of protecting animal welfare for many years. Indeed, we like to believe that we are the party of animal welfare. From bringing forward the landmark Hunting Act 2004 to protecting domestic animals under the Animal Welfare Act 2006, Labour has always placed the welfare of animals high on the policy agenda. At a European level, Labour secured better welfare standards for battery hens and chickens, and tightened the rules on the transport of live animals. It is a record that my party can rightly be proud of, but it is also a record that requires us to support—and ensure that we support—all those who are fighting for animal welfare. It is the reason why we are very pleased to support this Bill.

The right hon. and learned Gentleman rightly mentioned that animals are not property and should not be treated as such under the law. The current law is inadequate in that respect, and the omission of service animals from the protection of animal cruelty legislation needs to change. It is fantastic and overdue that this Bill creates a specific offence for those who seek to injure service animals. They deserve appropriate recognition for the vital role they fulfil.

Recourse to the Criminal Damage Act 1971 is not good enough, and in cases such as Finn’s, it has been shown that that approach simply does not work. Some 1,200 police dogs are protecting us at any time, and their protection must be made clear in law. Labour welcomes the Sentencing Council’s updated sentencing guidelines on animal cruelty, which now include a new aggravating factor of causing unnecessary suffering to an animal that is being used in public service or as an assistance dog.

In reality, however, we know that we need to go much further. The law as it stands is not a successful deterrent, and many people who work with service animals think it is failing to offer protection. The Animal Welfare Act was a watershed moment in animal rights, but we must continue to build on the progress that we achieved over a decade ago.

[Sir Oliver Heald]

The hon. Gentleman may be aware that his right hon. Friend the Member for Exeter (Mr Bradshaw), who was the architect of the 2006 Act, is one of the Bill’s co-sponsors and agrees that this change is needed to improve that landmark piece of legislation.

[Luke Pollard]

I thank the right hon. and learned Gentleman for that intervention, and it is good to see on the back of the Bill the list of luminaries who are backing it. I note that my right hon. Friend the Member for Exeter (Mr Bradshaw) is among those champions. Indeed, his work in supporting the welfare of animals is something that I think all of us on both sides of the House can be proud.

I am pleased that the Government have announced increased sentences for animal cruelty. That is an important step forward for which Labour has been arguing for some time. I would be grateful if the Minister told the House when he intends to bring forward legislation to put that into practice. Sadly, on every single day that goes by without that strong deterrent being put into law, examples of animal cruelty are being carried out across the country for which there are insufficient criminal penalties. I would be grateful to the Minister if he clarified the position.

Let me turn briefly to implementation. This really important Bill extends to England and Wales. As was said by the right hon. Member for Hemel Hempstead (Sir Mike Penning) on Second Reading, there is the question of how we can extend the Bill’s provisions to the entire United Kingdom, with devolved Administrations making the appropriate decisions for their locality, but may I ask in particular about Northern Ireland? Northern Ireland does not have a sitting Assembly at the moment, so the devolved legislature does not have the ability to take action. I would be grateful if the Minister outlined what discussions have taken place with the Northern Ireland Office about how these really important provisions can be extended to police dogs in Northern Ireland.

[Sir Oliver Heald]

I am very eager that the law covers the whole United Kingdom. The position in Northern Ireland is slightly difficult because it has a different animal welfare law from the 2006 Act, which covers only England and Wales. When I looked into this with the House authorities, I found that it would be very difficult to amend my Bill to cover Northern Ireland, for example because the long title refers to the 2006 Act, which applies only to England and Wales. I was told that if I tried to amend the Bill to include Northern Ireland, I might lose it. However, this is clearly a very important thing to look at, and I am certainly supportive of doing something for Northern Ireland.

[Luke Pollard]

As someone who grew up watching films of dogs travelling the country to protect their owners and rescue people, I know that where there is a will, there is a way. I hope that Ministers will take forward the belief that extending Finn’s law to cover all parts of the United Kingdom is a sensible and prudent way for us to make sure that police dogs, wherever they are serving, enjoy the same protection as they will in England and Wales under the Bill.

The concerns raised by the hon. Member for Harborough (Neil O’Brien) about safeguards are important, and we must also consider concerns about self-defence. I know that the right hon. and learned Member for North East Hertfordshire addressed such concerns in the Bill’s early stages, but as we close one loophole regarding cruelty towards police dogs, we must not risk opening another. That is especially important when considering the implementation of the Bill and how it will be judged by the courts, and we must send the strong message today that we do not seek to create new loopholes around self-defence, especially regarding the excessive use of force.

The Opposition fully support the Bill. Animals do not have a voice in politics, and it is our job to give them one. There will be people across the country who, over the past few months, might not have looked at the House of Commons and decided that it is politics at its best, but today they will see hon. Members on both sides of the House coming together in favour of something that carries the overwhelming support and good will of the British people.

I hope that the Bill will create headlines in the media today. It is up to us all to show that when considering important matters such as protecting animals from cruelty, we will close any loopholes in the law that enable the perpetrators of such cruel violence to get away with it. That is something of which the House can be rightly proud. It has never been more important to have an ambitious animal welfare agenda, and the Opposition fully support the Bill.