Sale of Puppies and Kittens

Debate between Robert Flello and Oliver Colvile

Thursday 4th September 2014 Commons Chamber

[Robert Flello]

My hon. Friend makes his point and I will just say again, yes, I agree. It could not be simpler: all prospective dog owners should first consider adopting from a reputable rescue shelter. If they specifically want a puppy, it should be sourced from a responsible breeder where puppy and mother will always be seen interacting together.

We believe that powers are already in place to tackle the issue but such is the volume of often old legislation that there is a need for clarification to ensure that loopholes cannot be exploited. The Pet Animals Act 1951 does not require pet shop owners to highlight the provenance of their animals and states only that the local authority “may” inspect a premises. In financially constrained times, it is hardly surprising that such inspections are not a priority.

The Breeding and Sale of Dogs (Welfare) Act 1999 requires third-party dealers selling puppies from licensed breeders to sell them with identification badges or tags, but because the 1999 Act does not form part of the pet shop licence conditions, it is generally not enforced. The 1999 Act enables breeders to sell puppies younger than eight weeks to a third-party dealer. That is beneficial for the breeder, who does not incur the costs of inoculating or caring for the animal, and for the dealer, who pays less for the dog. It certainly is not in the interests of the animal or its potential owner. The Act even provides a bit of a get out of jail free card, saying that as long as reasonable precautions are taken, an offence is not committed.

The Animal Welfare Act 2006 largely has not been used, nor has the secondary legislation in place to make it effective. Section 14 of the Act refers to codes of practice and guidance, but there is no liability if they are not observed. I will come back to the Act, which was enabling legislation. Again, we want the Government to “switch it on”—to make it work. The entire system desperately needs overhauling, but in the meantime one clear route to market for the puppy farms can be shut down. We can take a big step towards that today.

The 1951 Act states that a local authority shall have

“discretion to withhold a licence on other grounds”.

The former Minister of State at DEFRA, the hon. Member for Somerton and Frome (Mr Heath), stated in a written answer:

“Conditions can be placed on individual pet shop licences restricting the animals that can be sold.” —[Official Report, 2 September 2013; Vol. 567, c. 121W.]

That point, however, is contested. We would like the current Minister to clarify on the record what the situation is, given that Pup Aid’s own research shows that over half of local authorities are unaware that they are empowered to act to amend licensing conditions and to stop the sale of puppies and kittens.

It is the unanimous position of leading animal welfare organisations that the sale of puppies and kittens from retail premises should be banned. This regulatory change would inflict no additional burden on local authorities and match their own desire to clamp down on irresponsible breeding practices. Indeed, it is consistent with DEFRA’s own advice to prospective owners that

“if you are buying a puppy or kitten, you should ask to see it with its mother and the rest of the litter”,

and be satisfied that it is really the mother and not just a dog that has been brought in for show purposes.

[Oliver Colvile (Plymouth, Sutton and Devonport) (Con)]

At a recent meeting I had with the Friends of Wyndham Square in Stonehouse, I heard about the number of people on benefits who end up breeding dogs to try to make some cash. Does the hon. Gentleman think that that should be looked at, too?

[Robert Flello]

I am grateful to the hon. Gentleman for his intervention. Not only do I think it should be looked at, but I wrote to Her Majesty’s Revenue and Customs and the Department for Work and Pensions, and their response was very disappointing. Both of them wrote back and basically said, “Well, if you know of specific cases, report them; otherwise, we won’t do anything.” I think we need to see proper, from-the-top policy having a go through HMRC at those who are not paying tax and through the DWP at those who are not declaring it for other purposes. Let us have a national campaign on that.

Let me reiterate what I would like to hear from the Government today. Will the Minister confirm that local authorities are already empowered to amend licensing conditions and ban outright the sale of puppies and kittens in pet shops? Will he require local authorities to tackle this issue using those existing powers? If those powers are in doubt, then given that section 13 of the Animal Welfare Act 2006 on licensing of activities involving animals was explicitly designed to amend the Pet Animals Act 1951, will the Government use those powers to bring forward secondary legislation to address this issue?

Every day, hundreds of healthy, adorable cats and dogs are destroyed while at the same time hundreds of kittens and puppies are born in squalid pain and despair to satisfy the high street shops. Today is the first step of a campaign to show we are a nation of animal lovers. This evil trade must end. Today the Minister can be bold and begin the end of this trade. Thousands of animals’ lives are at stake. Minister, take that step with us, and make that change happen today.