Police Dogs and Horses

Debate between Roger Gale and Brandon Lewis

Monday 14th November 2016 Westminster Hall

[Brandon Lewis]

I thank the hon. Lady for ensuring that she does her best to hold me to account, as well as to tempt me into pre-judging what Bills might be introduced in the next Session. I hope she will understand if I resist, but I will say that if we see while working through the issue that a legislative change is required—Sentencing Council changes might not require it—I will seek to do something in 2017, which is not that far away.

We expect a huge amount from our police support animals, in terms of their training, temperament and performance in their various roles and the dangerous situations in which we ask them to perform. The scale of support for the petition shows that the public hugely appreciate their work. It is only fair that police dogs and horses receive the best possible protection as they go about their duties.

As has been outlined in this debate by Members and in the response to the petition, significant penalties are already in place that can be issued to those who attack animals that support the police. I recognise that this e-petition debate is about more than just penalties. I hope I have covered some of that already, but I will go further. I am glad that the penalties currently available reflect the seriousness of the offence; the issue is how and where they are used to prosecute successfully. As has been said, an attack on a police dog or other police support animal can be treated as causing unnecessary suffering to an animal under the Animal Welfare Act 2006. The maximum penalty is six months’ imprisonment, an unlimited fine or both. An attack on a police animal can be considered by the court as an aggravating factor, leading to a higher sentence within the range of six months’ custody.

Under some circumstances, assaults on support animals can be treated as criminal damage. I appreciate that that use of language can seem inappropriate, but it is important to note that that charge carries a much wider sentencing range, allowing for penalties of up to 10 years’ imprisonment. I appreciate the comments that my hon. Friend the Member for Dartford made about the valuations required, but we must also bear in mind that the valuation of a police dog, with its training, would be well in excess of the figures involved. Finn’s attacker has been charged with this offence, given the seriousness of the assault.

The petition calls for protection in line with that afforded to police support animals by the US Federal Law Enforcement Animal Protection Act 2000, as the hon. Member for West Ham said. Under that legislation, causing harm to a police animal in the US carries a maximum tariff of one year in prison. Where the offence is more serious, the maximum penalty can be as high as 10 years, so the maximum penalties available there, if used, are about the same as the maximum penalties here in England and Wales. The issue is whether they are being used and presented in the right way. I agree that the framework within which the offence is held, prosecuted and used is crucial; at the moment, many people feel that it is not ideal. That is why I have outlined that I will work with colleagues from the Department for Environment, Food and Rural Affairs and the Ministry of Justice, as well as campaigners and colleagues throughout this House, to consider how we can take the issue forward in a positive way.

[Sir Roger Gale]

I ask the Minister to take on board the fact that this is not really a DEFRA issue; it is a criminal justice issue. We are talking about police officers, albeit four-legged ones, who give great service, as do the dogs of the armed forces. They are not the same as assistance dogs, however highly assistance dogs are also held in esteem. It is time that the Ministry of Justice is compelled to understand that we are dealing with law enforcement personnel, and to treat them accordingly.

[Brandon Lewis]

My hon. Friend highlights the complication. The Animal Welfare Act 2006 is part of DEFRA’s portfolio, but as I said, I will also be working with colleagues at the Ministry of Justice. There is a wider issue, which people have raised with me, about how we define this. Is it an issue involving police animals, police and military animals, animals in the fire service and guide dogs? That is why I say that it is not as straightforward as we might like. I want to ensure that we get it absolutely right, so that we cover the right animals in the right way and get any legislation right. As I have said, the penalties elsewhere in the world that people want to be applied are available here; it is about whether they are in the right context and framework. I am determined that we will do what we can to ensure that we get it right. I take my hon. Friend’s point absolutely on board.

That is why it is important that we ensure that the right sentences are handed down when such offences come to light. The Sentencing Council recently consulted on revised guidelines for sentencing in the magistrates courts, including for animal cruelty offences. Throughout the development of the guidelines, the council has worked closely with the RSPCA. It is now reviewing consultation responses and developing definitive new guidelines, which it intends to implement in May next year. I am writing to raise the issue of attacks on police animals to ensure that it can be considered as part of the council’s consultation review.

I want us to do everything we can to ensure that assaults on police animals are taken seriously: that they are reported, that the police respond effectively and that the right sentences are handed down to those who think they can commit such crimes. My officials have been consulting police leads in the area, who are best placed to advise on this issue, and they agree that the penalties for attacking police animals are severe enough; it is the framework and how and when prosecutions are brought that we need to consider.

I know that police leaders are committed to the ethical and effective management, training and handling of police dogs. The current national police lead for dogs, Chief Constable Wilson of Suffolk police, chairs the police dog working group. To respond to one of the specific points raised in this debate, I am pleased to be able to tell the House that, with the support of the College of Policing, the working group is currently updating practice guidance addressing the deployment, safety and welfare of police dogs to further professionalise the discipline. At the heart of the guidance is the welfare of all police dogs. The House may wish to note that both dogs and mounted policing will be brought together soon under one national police lead, Deputy Chief Constable Rod Hansen of Gloucestershire police, who currently holds the lead on mounted policing.

National statistics on the number of assaults on police animals are not collated, as was rightly said earlier, but I can inform the House that the national working group will consult police forces on the issue over the next few months to get a better idea of the extent, so that we can get the reporting correct. I am confident that police and crime commissioners will also play their part in saying quite clearly on behalf of local communities that attacks on police animals are abhorrent and unacceptable. The day after the attack, the PCC for Hertfordshire, David Lloyd, praised PC Wardell and PD Finn for their quick thinking and bravery. He subsequently issued a statement applauding the petition’s success. I met David this morning to discuss the issue; I welcome his helpful intervention and his positive contributions, which highlight how PCCs can play a lead role in expressing the public’s view on how we should see police animals.

We must strive to protect all members of the policing family: police dogs and their handlers, police horses and their riders, police officers, staff and volunteers. I know that chief constables are signing up to a pledge to support officers and staff who are victims of assault. For our part, the Government could not be clearer about the great value and respect in which we hold the police and the need to support them in their work. To enable chief officers to understand the scale of the issue, it is important that we have accurate data to capture the number of assaults, so we have sought to improve the collection of such data. As I outlined to the House in an Opposition day debate in October, we will ask all forces to include the number of assaults with injury on a police officer as part of their recorded crime data from April next year. Combined with the measures that I have announced today to address assaults on animals, that represents a significant step towards building a much better picture of assaults against the police family, so that local police leaders are in a better position to fully support their workforce of all types.

I thank again those who launched and signed the petition for the way in which they have conducted their campaign, which has allowed people throughout the country to get their voices heard. Those voices are being heard very clearly; all the Members who spoke today highlighted that. The Government and our police partners will work together to look at assaults on the police family—I use that word carefully—in the round and to send the firmest possible message that such assaults cannot, should not and must not be tolerated.