Animal (Low-Welfare Activities Abroad) Bill

Rebecca Pow Excerpts

Committee stage
Wednesday 8th March 2023 Public Bill Committees

[Angela Richardson]

I thank my hon. Friend for her timely intervention. It is right to add to the list. In fact, if I went through a list, it would be a lot longer than I have time for this morning—I do not want to keep everyone in a cold Committee Room longer than is necessary. Yes, cheetahs are affected as well, as is marine life, including dolphins, which are used for feeding and swimming experiences, as was mentioned by my hon. Friend the Member for Meon Valley.

Many of us and our constituents will have seen such experiences advertised in the shop windows of travel agents or online, but were not aware of the animal welfare consequences. When we think about low-welfare activities abroad, we first think of the conditions of the animals, but it is important to note that there is a human impact, too. For example, research from Save the Asian Elephants has shown that at least 700 tourists and others have been killed, and more than 900 have suffered sustained injuries, such as crushed chests and internal organs, broken limbs and ribs, and serious head injuries. More widely, experiences involving big cats, marine life and reptiles carry a risk to public safety through the threat of injury and of the zoonotic transmission of disease. The Bill will improve the safety of both the animals involved in tourism abroad and the tourists themselves.

I appreciate that some will be disappointed that the legislation will not cover the whole of the United Kingdom, notably Scotland and Wales. I hope that our colleagues in the Scottish and Welsh Parliaments will be able to introduce legislation in their devolved assemblies that provides a similar framework. Today, we must focus on the first step on that journey, and put the Bill through to the next stage.

Everyone on the Committee and in the House represents a constituency where animal welfare is valued and cherished, as it is in my constituency of Guildford. The Bill will be roundly supported by our constituents. I was pleased to see, both on Second Reading and in an Adjournment debate on the subject in the House in January, that the legislation had cross-party support. There were contributions from Conservative, Labour and SNP Members. I hope that we continue in that cross-party spirit. I look forward to hearing from the Minister and Members on their further views on the Bill.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

It is a pleasure to have you in the Chair, Mr Stringer, for consideration of this incredibly positive Bill. It shows us working at our best. My hon. Friend the Member for Guildford has worked hard on it, and gathered cross-party support for it. I thank her for all that work, and the rest of the Committee and others for their useful input, including DEFRA. Responsibility has swapped between Ministers, but that has meant that we are fully aware of what is going on, and have got behind the Bill.

As we have heard, the Bill enables the introduction of a domestic ban on the advertising and offering for sale of low-welfare animal activities abroad. It provides a framework under which secondary legislation can apply bans to the advertising and offering for sale of specific activities. That is key; it means that different categories of creatures may be looked at individually when serious evidence is brought forward, so that we get the regulations right for each category. There will be parliamentary scrutiny of those regulations, which is welcome.

I will run through each clause of the Bill, although my hon. Friend just did that, just so that this is all on the record from the Minister. Clause 1 makes it an offence to sell any right to observe or participate in a low-welfare animal activity that takes place outside the United Kingdom and that is specified in activity regulations that apply in a relevant part of the United Kingdom.

Under the Bill, an animal activity is considered to be low welfare if the conditions in which the animal is kept or the treatment to which it is subject would be an offence under the Animal Welfare Act 2006 in England, or under the Welfare of Animals Act (Northern Ireland) 2011 in Northern Ireland. The power to make activity regulations is conferred on the appropriate national authority, which in England is the Secretary of State and in Northern Ireland is the Department of Agriculture, Environment and Rural Affairs, or the Secretary of State acting with the consent of the Department.

The decision about which animals and activities the ban will apply to will be based on evidence, as I mentioned. A ban will be implemented only when compelling evidence of the need for it is submitted. As I say, all activity regulations will be subject to parliamentary scrutiny via the affirmative procedure.

Clause 2 sets out which advertisements would be prohibited under the Bill. If an advert has the purpose or effect of promoting the observation of or participation in a specified low-welfare animal activity that is to take place outside the United Kingdom, it will be prohibited. It also establishes the circumstances in which a person does and does not commit an offence by advertising a low-welfare activity.

An offence is committed if a person publishes a prohibited advert in a relevant part of the United Kingdom, or if they cause such an advert to be published. The key is the way in through such adverts. Similarly, a person commits an offence if they print or distribute a prohibited advert that has been published in a relevant part of the United Kingdom, or causes such an advertisement to be printed or distributed.

A person does not commit an offence if the advert is in a publication—excluding in-flight magazines, which could come into this country—that is printed outside a relevant part of the United Kingdom and whose principal market is not a relevant part of the United Kingdom. If an advert is distributed electronically and the person did not carry on business in a relevant part of the United Kingdom at the time of distribution, then that person does not commit an offence. Likewise, if a person sells a publication to a member of the public that contains a prohibited advert, then that person does not commit an offence.

The bans are important because, as my hon. Friend highlighted, no specific provisions in law regulate the domestic advertising and sale of animal activities that take place overseas. Domestic travel agents can currently advertise activities involving animals abroad that would not be permitted if they took place in England or Northern Ireland. The Association of British Travel Agents has guidelines, but they are not law and cannot be enforced. That is why the Bill will be so useful.

Clause 3 sets out information about the penalties, prosecution and liability for the offence. A person or business in England and Wales who commits an offence under the Bill is liable for a fine, which could be unlimited; in Northern Ireland, they are liable for a fine not exceeding level 5 on the standard scale, which equates to £5,000.

Section 127 of the Magistrates’ Courts Act 1980 and article 19 of the Magistrates’ Courts (Northern Ireland) Order 1981 do not apply in relation to offences under this Act. That means that the usual six-month time limit within which a prosecution for a summary offence must be brought will not apply. That will ensure that prosecutions are not time-barred in complex cases where data and evidence have to be gathered. That is clearly a helpful provision.

Clause 4 sets out the enforcement powers of local weights and measures authorities in England and the Department for the Economy in Northern Ireland. Clause 5 sets out what further provisions may be included in activity regulations made under clause 1. Activity regulations must be made by statutory instrument and, as mentioned earlier, will be subject to the affirmative procedure.

Clause 6 sets out the definition of terms commonly used throughout the Bill, including that of low-welfare activity. Clause 7 sets out the extent, commencement and short title of the Bill.

The Bill extends to England, Wales and Northern Ireland. However, the provisions of the Bill apply to England and Northern Ireland only. This is a devolved matter, and it will be up to the relevant devolved Administrations to consider whether they would like to bring in a similar framework. We welcome Northern Ireland’s joining in with the Bill. Its provisions will come into force two months after the day on which it is passed.

This Bill is one of many that have come through our Parliament in a few years that demonstrate that we are a caring nation and really mean business on animal welfare. The animal welfare action plan sets out our criteria. We have brought forward an enormous raft of legislation; that is worth noting, as there has been such a focus on this agenda recently. There is the Glue Traps (Offences) Act 2022; the Animal Welfare (Sentience) Act 2022; the Animal Welfare (Sentencing) Act 2021; the Animal Welfare (Services Animals) Act 2019; the private Member’s Shark Fins Bill passing through Parliament, which I have been part of; and the Hunting Trophies (Import Prohibition) Bill, also going through Parliament. I know colleagues have spoken in debates on it. The Bill before us is another example of just how much we are doing on this agenda, and how necessary the work is.

My hon. Friend the Member for Guildford mentioned the real difference that the Bill will make. It probably comes too late for some of the thousands of poor creatures referred to. There have been ghastly examples given, including of young creatures being taken away from their mums and their mums being killed. Big cats were referenced in one intervention, and dolphins were mentioned by my hon. Friend the Member for Meon Valley.