Road Traffic Collisions Involving Cats

Rehman Chishti Excerpts

Monday 9th January 2023 Westminster Hall

[Tonia Antoniazzi]

I thank the hon. Member for her contribution. Doing the right thing gives us heart, does it not? The work of Cats Protection and all the organisations that have campaigned for cats is to be commended, because it is excellent in keeping the issue in the public eye, which is really important.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I pay tribute to the hon. Lady for her work on this issue. I introduced a presentation Bill on the compulsory microchipping of cats, and we are waiting for legislation to come in. I thank the Government for that.

The second part of my Bill was on the issue of reporting after an accident. Of course the great majority of people in our great country would do the right thing, but it comes down to a basic principle: parity of esteem. People love their dogs and cats. We currently have legislation under section 170 of the Road Traffic Act 1988 that covers horses, cattle, asses, mules, sheep, pigs, goats and dogs, but not cats. People in my constituency and throughout the country ask, “Why not?” If the primary objective is to alleviate pain and suffering, we need to make sure we have parity for cats.

[Tonia Antoniazzi]

I thank the hon. Member for his very good contribution. Unfortunately, the 1988 Act was not put in place with this issue in mind, but I am going to talk about the microchipping issue that he has done significant work on.

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[James Daly (Bury North) (Con)]

It is an honour to serve under your chairmanship, Ms Harris—I genuinely mean that.

It is a pleasure to follow a speech that I did not disagree with a word of. I congratulate Olivia, who is sat in the Gallery. This is probably one of the easiest legislative exercises in the whole of this Parliament: we simply add the word “cat” into legislation and achieve what has been set out in this debate. As much as we all love goats, we should not be differentiating between animals in respect of their value. We differentiate and judge things in this House on their meaning to our fellow citizens. To me, it is utterly bizarre that the law does not take into account cats, considering how many people in this country own cats and how important they are to our fellow citizens.

I hope the Minister, well-known animal lover that he is, will listen to this debate and look into doing something straightforward that will make a lot of people very happy. Although we struggle from time to time in this House, we have the opportunity to do something that will make people extremely happy.

[Rehman Chishti]

My hon. Friend has made the point clearly that this change is easily done if we consider the purpose behind the legislation. The Government have put forward the argument that one type of animal is a working animal of financial value; does my hon. Friend agree that legislation to require people to stop and report should be designed with regard to the alleviation of pain and suffering, irrespective of what animal it is? That ties into the Government’s commitment to animal welfare. We can move forward and do the right thing. Does he agree that that principle needs to be behind the legislation?

[James Daly]

I am probably going to agree with everything that everybody says in this debate. My hon. Friend makes a very articulate point. If it is the Government’s position that the change is not enforceable—in the sense that stopping and reporting if a car hits a cat is somehow not an enforceable legal responsibility compared with hitting another animal—I just do not accept that. In my view, there is not a logical argument in respect of the criminal-law side of this issue. I was a criminal lawyer for a long time and it is a straightforward matter to enforce reporting. There is no ambiguity.

Let me speak to and develop some of the points colleagues have made about criminal law, and what happens afterwards. I recognise Members present who have listened to what I have had to say at least two or three times previously. I think I am on my third or fourth time of trying to persuade the Government about my private Member’s Bill. I have not been successful yet, but I continue to live in hope. My nattily titled Pets (Microchips) Bill relates to Gizmo’s law, the campaign for which was begun many years ago by Heléna Abrahams in my constituency. In essence, the proposed law would do what has been articulated in this debate. It is a campaign for a legal requirement, which sounds like a grand statement, but it basically asks local authorities to do the right thing.

When a deceased cat is found, whether on the highway or elsewhere, the proposed law would require the local authority to scan the chip, if there is one—that relates to the point that my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) made about the Government’s commitment to the microchipping of cats, which would clearly help. It is a simple thing. People want to know what has happened to their pet—what has happened to their cats. I spoke today to Heléna, who works 20 hours a day in her job. She has set up a website for this purpose and works with local authorities to reunite cats with their owners. That is a wonderful thing to do, because it is about love, care, commitment and doing something for people who have no other way of finding out what has happened.

As the hon. Member for Gower (Tonia Antoniazzi) said, local authorities approach this matter very differently. Some just do not scan and do not make any effort whatever—I will not name and shame them—and some are better. We are simply asking for there to be a duty to take the cat and scan it. A pet food company has agreed to provide scanners for every local authority in the country that does not have one, so there is no cost to that. All they need is a fridge or deep freezer. The cost and time involved is absolutely negligible. There is no cost.

My Pets (Microchips) Bill and Olivia’s proposal are about care, love and doing the right thing. We sometimes miss those things in our debates in this House. This is very simple and straightforward. An amendment could quite easily be made to criminal law and could quite easily be enforceable. We can certainly trust our police and other law enforcement bodies to ensure that cats have parity of treatment with other animals, and we can legislate for that. On Gizmo’s law, I hope Members will support the Pets (Microchips) Bill, which would cost nothing but would do a lot of public good and make a difference to a lot of people’s lives.

--- Later in debate ---

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

It is a pleasure to serve under your chairpersonship, Ms Harris. I thank the Petitions Committee for allowing this important debate, which will be closely followed by many of our constituents. I also thank all Members who have contributed; they have all made extremely relevant points. I particularly thank my hon. Friend the Member for Gower (Tonia Antoniazzi), who eloquently explained the issue, and Olivia, who some time ago started the petition, which 102,000 people have signed.

We are a country of cat lovers. I have had cats since I was a toddler and have gone through very many. I have been in the position where my cat has gone missing and we did not know what had happened to her, even though we scoured the streets and she was chipped. I only found out what had happened a few years later, by accident, when I was at the vet’s with another cat, and the woman I was sitting next to, who lived near me, could remember seeing my missing cat dead on the roadside. It took me a bit of time to get to the bottom of it, but, like most people when their cat does not come home, I eventually came to the conclusion that it had come to harm. As an animal lover, I know the pain caused by losing a pet.

Believe it or not, one day I found a cat behind my bin. I took it to the vet and had it scanned, but unfortunately it did not have a microchip. I eventually managed to rehouse it with another member of my family, as I already had three by then and had been told I could not have any more. If that cat had had a chip—if it had been compulsory for it to be chipped—we very likely would have been able to return it to its owner instead of having to rehouse it, albeit with a very nice family.

Under rule 286 of the highway code, drivers involved in an accident involving a domestic pet are advised to make inquiries to find the owner. However, the wording of the rule is quite vague and covers a wide range of driving incidents. It is time to change that and include cats. It is true that many owners ensure their beloved cats are microchipped, but it should be legislated for. Will the Minister look into updating the legislation to ensure that drivers are aware of what to do if they collide with a cat? The vast majority of drivers would want to do the right thing in such situations, but the highway code offers little in the way of guidance.

My hon. Friend the Member for Gower mentioned the local authority resources that will be needed if they are to take on the responsibility of scanning animals and informing owners of the fate of their cats. I thank Cats Protection, which has done so much work to talk to people about the issue and raise owners’ awareness.

[Rehman Chishti]

The point about local authorities needing resources for scanning absolutely needs to be looked at, but my hon. Friend the Member for Bury North (James Daly) mentioned the principle that local authorities should scan deceased cats so that they can be identified. How that is done across the country is a different matter, but the principle is that all deceased cats should be scanned so that they can be reunited with their loved ones; that is the change required, so that there is consistency and not a postcode lottery around the country.

[Gill Furniss]

I totally agree with the hon. Member’s sentiment that it should be put into legislation that it is compulsory for all cats to be scanned. That is the only way they can be identified.

I wonder how we can get around the problem about which we heard earlier—that 70% of cats who are scanned have not been registered with the microchipping company. The Government and the House should look at ways of encouraging registration or of doing microchipping differently, to ensure that it is not a waste of time or money. We must ensure that microchipping means that cats will be reunited with their owners, or that their owners will be informed of what has happened to them.

I was a little disappointed that, in their response to the petition, the Government say that they want to make roads safe for everyone. The reality is often quite different: road safety targets are non-existent; the road safety strategic framework has been delayed; and highway maintenance funding has been cut. After four decades of progress in reducing in road fatalities, since 2010 the numbers have plateaued. The Government are dragging their feet on measures to protect road users—human and feline alike.

We all know about the enormous pressures facing local authorities, and the cost of living crisis means that scarce resources are rightly focused on supporting struggling households. However, that means that if we are to be serious about this issue, additional resources for road safety, and particularly scanning, should be given to local authorities so that they can carry out the vital job of identifying cats and informing cat owners of what has happened. For that to work, there has to be some resource attached.

While we have the Minister here, I want to ask when his Department will publish the long-awaited road safety strategy framework. It would be good to see something about animal welfare in that, because it is so important to our constituents. I am also somewhat disappointed by the Government’s wider record on protecting animals, which seems to be one of delays and broken promises. Where is the ban on keeping primates as pets? Where is the action to tackle puppy smuggling? Where is the ban on fur imports? Those measures all have overwhelming public support, but this Government have been dragging their feet on all of them for too long.

I hope that the Minister will carefully consider all the points raised by Members today. The motivation behind the petition is one we all share: for beloved family pets to be better protected. We do not need more empty promises that are destined to be dropped or kicked into the long grass; we need the Government finally to take the wheel and deliver real progress to improve road safety for all users of any species, including cats. In particular, we need the Government to amend the Road Traffic Act 1988—I hope that they can do so by statutory instrument—so that no one has to wonder what has happened to their beloved cat, and that cats have the same protection as other animals.

[The Parliamentary Under-Secretary of State for Transport (Mr Richard Holden)]

It is an absolute pleasure to serve under your chairmanship, Ms Harris. As the hon. Member for Gower (Tonia Antoniazzi) pointed out, Britain is a nation of animal lovers, and Members on both sides have made heartfelt speeches. I want to acknowledge the work of my hon. Friend the Member for Bury North (James Daly), who has had to leave early, on Gizmo’s law and the private Member’s Bill that he introduced. I am grateful to Members who have spoken in this debate on the subject of making it a legal requirement for drivers to stop and report collisions with cats. I also thank Olivia, and the thousands of people across the country who signed the petition that brings us here.

As a Back Bencher, I spoke out in support of microchipping in Westminster Hall less than two years ago. I reassure right hon. and hon. Members that the Government take road safety extremely seriously; it is at the core of the Department’s agenda, and any death or serious injury on our roads is unacceptable. Our deepest condolences go out to the victims of road traffic incidents and their families. A focus of the Government is to make roads safer for all users; that will in turn help reduce the risk to all animals on them. We must all be clear about the heartbreak that the loss of pets—particularly cats, as we have discussed—cause people. For many, it is like losing a family member, as my hon. Friend the Member for South East Cornwall (Mrs Murray) said. Other Members reflected on how, during the pandemic, in what was a particularly difficult time, pets, especially cats and dogs, were particularly important to people’s mental health and physical wellbeing.

The Department is working on the road safety strategic framework, which—to give the hon. Member for Sheffield, Brightside and Hillsborough (Gill Furniss) some assurance —we hope to publish in spring this year. That framework will be based on a safe system approach, and we are considering what supporting indicators on casualty reduction might be appropriate. The key principle in a safe system approach is to recognise that people make mistakes and things can go wrong. The approach accepts that responsibility is shared, and that collisions can be the result of a combination of factors that can be mitigated. The road safety strategic framework provides the instruction needed to deliver a safe system approach effectively and efficiently. That approach has been accepted in many other sectors, including health and safety and public health. It is already adopted as best practice in other countries that have gone on to make further significant reductions in road deaths and casualties. While Britain has some of the safest roads in the world, we can always do more, and we intend to do just that.

Let me quickly address an issue raised by the hon. Members for Streatham (Bell Ribeiro-Addy), and for Sheffield, Brightside and Hillsborough: I have been advised by officials that primary legislation, and not a simple statutory instrument, would be required to change the law in this area. However, if that does not prove to be the case, I will write to both hon. Members to clarify further.

[Rehman Chishti]

I thank the Minister for giving way, and for all he does on road safety. On stopping and reporting after an accident, is the Minister saying that the road safety review will specifically look at what parliamentarians have said today about adding cats to section 170 of the Road Traffic Act 1988? At the moment, it is not clear whether it will.

[Mr Holden]

I am happy to take that question back to the Department, and will write to my hon. Friend about that, as well as to the hon. Member for Gower. That is something that we need to look at urgently.

[Rehman Chishti]

I am most grateful to the Minister for clarifying that the question will be taken back to the Department. The Prime Minister said in his speech in January that the Government would look at doing things differently—at innovation, and at trying new ideas. Will the Minister look at amending the legislation, so that it does not simply deal with the value of the animal or whether it is wildlife, and so that its aim is to alleviate pain and suffering and ensure parity? That would be in line with the Prime Minister’s commitment, and with what has been said today.

[Mr Holden]

I thank my hon. Friend for bringing that issue forward. It is an important issue, and I will take it back to the Department and write to him about it.

As I have been saying, we are looking at the holistic, best-practice approach that has been adopted in other countries, and that we have adopted for public health and health and safety legislation, in order to both minimise the impact of road traffic accidents on humans, and prevent further injury and accidents involving animals. For example, not that long ago, when I was in the Department as a special adviser, we brought forward some road signage designed to protect small mammals. The change is something that the Government are prepared to look at, but as I have said, primary legislation would be required.

I would like to speak more broadly on this issue, because Members have brought up different aspects of the legislation, including microchipping, which I would like to touch on.