Road Traffic Collisions Involving Cats

Richard Holden Excerpts

Monday 9th January 2023 Westminster Hall

[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.

[Bell Ribeiro-Addy]

Just to be clear, the Minister is saying that he is 100% sure that the change has to be made through primary legislation, so what exactly would he be getting back to us about, if that is not flexible?

[Mr Holden]

That is what I was advised, but if that is not the case, I will write to the hon. Lady and make it clear what can be done. My understanding at the moment is that primary legislation is needed.

[Bell Ribeiro-Addy]

If the change can be made through secondary legislation, will the Minister take steps to bring that forward?

[Mr Holden]

If the change can be made through secondary legislation, we would have to look at that, but I am assured by officials that it has to be done through primary legislation. That would obviously require a significant piece of legislation to go through both Houses. It is not a quick fix. We then get into timetabling and all sorts of other issues well beyond my remit as a junior Minister. On whether the change can be made through secondary legislation, I will definitely write to the hon. Lady.

[Mrs Murray]

Will my hon. Friend confirm that if primary legislation is needed, Members may be able to bring forward a ten-minute rule Bill or private Member’s Bill that amends the Act?

[Mr Holden]

My hon. Friend makes a good point. If primary legislation is needed, then the way to change the law could indeed be via a private Member’s Bill. Whether it would get Government support and time is a matter for others, but that would be a way to do it.

While we must do all we can to improve the safety of our roads, we must be careful not to make any decisions that could make things worse or have unforeseen effects in a rush to resolve concerns about how the law operates. Hon. Members from across the House have made important points about doing the right thing. My hon. Friend the Member for Great Grimsby (Lia Nici) gave the personal example of Stevie, and set out how she stepped in and did the right thing.

The hon. Member for East Renfrewshire (Kirsten Oswald) also said that doing the right thing is particularly important. As hon. Members have pointed out, although there is no obligation to report all animal collisions on the road, rule 286 of the Highway Code advises drivers to report any collision involving an animal to the police; if possible, they should make inquiries to ascertain the owner of a domestic animal, so as to advise them of the situation.

As Members, including the hon. Member for Gower, have made clear, cats tend to roam unaccompanied and are likely to go out at night. Drivers may not realise that they have had a collision with a cat in some instances, as they are small animals, similar to rabbits or other wild animals that can cross roads late at night. There are also hazards associated with stopping to check whether animals are alive after people have knocked them over, especially with very small animals. A requirement to report road collisions involving a cat would be difficult to enforce, especially when, as hon. Members have made clear, Petplan suggests there might be hundreds of thousands of these incidents brought forward a year.

In 2021, there were 348 reported road collisions in which both an animal and a person were involved directly. That is just an animal and a person. If we were talking about hundreds of thousands of cases, there would be a huge extra impact and administrative burden, especially given the free-roaming nature of cats. It is for that reason that the Government do not plan at present to make it a legal requirement for drivers to stop and report collisions with cats, but I would like to go into what we are attempting to do in this space, because we recognise how painful it is for owners to lose a pet. I remember going home from school as a youngster and learning—this was when I first realised that animals could die—that my family dog had sadly passed away. I think we have all had that experience at some point in our life.

In the last few years, we have pushed microchipping. It is the best way of reuniting owners with pets that have been tragically killed, stolen, or had a variety of other issues. Since the introduction of compulsory microchipping for dogs in 2016, over 90% of the dog population has been microchipped. That has been particularly successful in increasing reunification rates for stray dogs.

As hon. Members from across the House have pointed out, we have a manifesto commitment to introduce compulsory cat microchipping, and we consulted on that last year. The consultation showed that there was well over 99% support for that measure, which is fantastic. I spoke about the issue in Westminster Hall a couple of years ago, and both my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) and the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier) mentioned it. We are committed to introducing it, and we will lay the legislation for England before Parliament in the coming weeks. I hope that the devolved Administrations will follow closely, as this is a devolved issue in Wales, Scotland and Northern Ireland.

I welcome the words of the hon. Member for North Ayrshire and Arran (Patricia Gibson). She has used her platform in this place to press for similar action in Holyrood and across the rest of the United Kingdom. I recognise that it is terribly sad when a cat is injured or killed on the roads, and it does not matter what side of the border it is on.

As the hon. Member for Gower mentioned, National Highways already requires its contractors to record details of any cats or dogs found on the roadside, and the location in which they were found. Some of that is due to the importance of strategic roads. We do not want stray animals on the national highways, so we want to know of any gaps in fences and so on. There is a different health and safety dynamic to that, but it is something that we implemented. National Highways is under the Department for Transport and so is a direct responsibility of the Government. National Highways must also scan for a microchip, and store the animal, with the aim of reuniting it with its owner where possible.

Similarly, we understand that the overwhelming majority of local authorities have arrangements in place to scan cats and dogs found by the roadside, and to endeavour to reunite the animal with its keeper. Many pets will therefore be reunited, but we recognise that there may be challenges to successful reunification in some cases. For example, sadly reunification may not be possible if the nature of the animal’s injuries affect the functionality of the microchip, or if a microchip’s records are out of date. That is particularly the case with cats.

[Patricia Gibson]

I am delighted to hear the Minister talking about moving towards making microchipping compulsory for cats. Does he share the view put forward by Blue Cross, which is that cats should be registered on a single database, to make attempts at reunification as efficient and successful as possible?

[Mr Holden]

The hon. Member makes a very good point, and I am just about to come on to the best practice issues that she raised. The legislation on compulsory microchipping that will be brought forward is England only, because this matter is devolved to Wales, Northern Ireland and Scotland. I hope that these issues will be looked at by the devolved Administrations in the coming months.

Local authorities may adopt different approaches to reuniting cats and dogs found by the roadside. As the hon. Member for Gower mentioned, 92% of local authorities have the necessary facilities, but only 75% use them. It is important that we address that inconsistency. To show our commitment to the issue, we will shortly commission a research project to help us better understand any barriers and to explore best practice. We will then work with local authorities and other stakeholders to develop and promote best practice in this area, which is particularly important.

I pay tribute to Cats Protection and other volunteers, including Mandy and her team from CatsMatter, Heléna Abrahams and the team behind Gizmo’s legacy campaign, and my hon. Friend the Member for Bury North for their tireless efforts to help reunite animals found by the roadside with their owners. We recently consulted on improvements to the pet microchipping regime, which the hon. Member for North Ayrshire and Arran mentioned. We are analysing the results and will publish them soon.

A key area of the consultation was about how to make it easier for approved users, including local authorities, to access database records, and that will be covered in the response to the consultation. We also consulted on the introduction of a single point of portal search, which would allow approved users to quickly search compliant databases for animal records without needing to contact the database operator directly, which can obviously be time-consuming and can act as a deterrent, as I found when speaking about this issue to vets in my constituency of North West Durham. Quicker access to database records also supports other campaigns that seek to make better use of microchip scanning, as we have all discussed.

I pay particular tribute to Sue and Dawn, who are behind the Tuk’s law campaign, which would require vets to scan microchips and check for rescue back-up contact details prior to euthanising a healthy animal. Members from both sides of the House have been glad to get behind that. We worked closely with the campaign and the veterinary profession to find an approach that worked for everyone, and have incorporated the principle of scanning before euthanasia into the guidelines that underpin the code of professional conduct for veterinary surgeons. That is now in place.

The new single point of search will also support the aims of the Fern’s law campaign, led by Debbie Matthews, which calls on vets to scan the microchip of an animal at the first presentation to check whether it is stolen. That issue can also affect cats, which, as we know, have a tendency to roam a little further than other animals.

In summary, the Government believe that microchipping is the most effective and quickest way of returning a cat to its owner. We are progressing further with it, both through the call for evidence and through the new best practices guidelines that are coming down the line. In coming weeks, microchipping legislation for England is being introduced, and we hope to see that happen across the rest of the United Kingdom as well. We remain committed to microchipping; we look forward to the introduction of legislation that will make it compulsory, and to making further improvements later in the year.