Animal Cruelty: Sentencing

Debate between Sam Gyimah and Neil Parish

Tuesday 8th November 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Mr Sam Gyimah)]

I thank you, Mr Hollobone, for your efficient chairing of proceedings today. I begin by congratulating the hon. Member for Redcar (Anna Turley) on securing today’s debate on animal cruelty and the skilful way in which she is handling her private Member’s Bill. She is airing the issues here in advance of the Bill being brought before the House. As the Chairman of the Environment, Food and Rural Affairs Committee, my hon. Friend the Member for Tiverton and Honiton (Neil Parish), rightly put it, this issue should go beyond party politics. I understand the strength of feeling about offences against animals and why people feel anger towards those who commit such crimes.

So far as the Government are concerned, this matter sits between the Ministry of Justice and DEFRA. I assure the hon. Member for Redcar that the Government take animal welfare seriously. I know that the topic is of widespread concern to many. I also appreciate the concerns about those who carry out appalling acts of cruelty on defenceless animals and the wider implications of the links between animal and human abuse. The research carried out by Teesside University has been mentioned, and I assure Members that we will look at it closely.

Northern Ireland and Scotland have also been mentioned in the debate. The question was asked why, if Northern Ireland can increase the maximum penalty for animal cruelty to five years, England and Wales cannot. Penalties are devolved to Northern Ireland. Each jurisdiction decides the appropriate maximum sentence for each offence, but we will look at the experience of Northern Ireland and Scotland and the impact the changes have specifically on offending behaviour. That is what we want to look at. We want to ensure that increasing the maximum sentence has an impact on offending behaviour.

[Neil Parish]

While it may be DEFRA that deals with animal welfare, it is the justice system that deals with sentencing. It is up to our courts to decide the length of sentence, but a maximum sentence of only six months gives the court very little flexibility. If we increased that maximum sentence dramatically, the courts would have much more flexibility in dealing with cases.

[Mr Gyimah]

I thank my hon. Friend for his intervention. I will come on to the six-month point in a second, but on the five-year point, a maximum five-year sentence would be the equivalent of a sentence for gross bodily harm of a human being. Those are serious offences, and we do not have to stand back. The penalties need to work across the board. In other words, if we increase the penalty to five years in line with GBH, we will have to look at sentencing across the board. That is something the Government need to do to ensure consistency in the criminal law, which is important. As far as Scotland is concerned, again this is a devolved matter.

As is often said, however, prevention is better than cure. To that end, some animal welfare organisations help educate youngsters in animal welfare. I should mention the role of the RSPCA, as other Members have. It does great work in schools. Blue Cross, too, works in schools with children to help them become informed, responsible and active citizens. It is interesting to note from my research for the debate that the RSPCA has been campaigning for and enforcing animal welfare legislation for nearly 200 years. In that time the organisation has built huge expertise in animal welfare. It of course not only prosecutes people, but provides advice to owners about how to look after their animals properly. The Government recognise that tremendous effort, and it is to the credit of the RSPCA that it has improved the lives of many animals.

I am, however, aware of horrible cases, some of which have been mentioned today, specifically the one involving the Frankish brothers and their pet bulldog. I hope that Members appreciate that I am unable to respond specifically on the details of that case, but many people consider the penalty to have been too lenient. On that point, I would pick up on another issue that was raised: how we deal with unduly lenient sentencing. The Attorney General refers some sentences he considers unduly lenient to the Court of Appeal to reconsider. Those are summary-only offences and so animal cruelty is not currently within that scheme. That includes assault on humans and common assault, which are also not within the scheme. The Government are considering the scope of the scheme and how to implement our 2015 Conservative manifesto commitment to expand it.

On sentencing, we should remember that it is a matter for our independent courts. The court is best placed to decide on the appropriate penalty for an offence because it is in possession of the full facts of the case, many of which might not be reported in the newspapers. When deciding what sentence to impose within the maximum limits available, the courts are required to take account of all the circumstances of an offender, as well as mitigating and aggravating factors.

On maximum penalties, it is worth stressing that while sentencing is a matter for the courts, setting the framework that the courts work within is a matter for Parliament, as we all know as legislators. The maximum sentence of six months’ imprisonment for causing unnecessary suffering to an animal was set by Parliament to cover the most serious imaginable behaviours for that specific offence. It was only last year that the maximum fine for causing unnecessary suffering to an animal was raised from £20,000 to an unlimited fine, although I note the point made by the hon. Member for Redcar that in imposing that fine, the courts often means-test it to make sure that it is payable. I am aware of that nuance.

School Funding

Debate between Sam Gyimah and Neil Parish

Thursday 5th November 2015 Westminster Hall

[The Parliamentary Under-Secretary of State for Education (Mr Sam Gyimah)]

It is a pleasure to serve under your chairmanship, Sir David. I thank everyone who has spoken in this rather lengthy but none the less constructive debate, and congratulate my hon. Friend the Member for Beverley and Holderness (Graham Stuart) and the right hon. Member for Exeter (Mr Bradshaw) on securing a debate on this important issue. I also thank the F40 for a long and vigorous campaign.

When I was given this job, I spoke to a senior civil servant in the Department for Education who said to me that someone was working on fair funding for schools when he joined the Department in 1991. The problem has been around for a very long time. It did not arise overnight and it bedevils many different types of authorities. This is not a partisan issue: Labour-held authorities have funding issues, as do Conservative-held ones. There are some underfunded inner-city authorities and there are underfunded authorities outside of cities. I thank all Members for the manner in which the debate has been conducted. It has not been party political; instead, we have focused on the issues in our constituencies.

[Neil Parish]

I understand the historical element, which my hon. Friend the Minister outlines well, but I have huge confidence that he will be the Minister who, after all these years, actually sorts this out.

[Mr Gyimah]

I thank my hon. Friend for his confidence in me. It feels rather strange to be urged to be “brave”, as Sir Humphrey would say.

To address the point made by the shadow Minister, the hon. Member for North West Durham (Pat Glass), if one represents a local authority such as hers in Durham, which is the 57th best-funded local authority in the country, one has the luxury of saying, “It’s difficult, but we have to do all these things.” She does not have to take the difficult decisions. She has the luxury of having a local authority that is very adequately funded, but those Members representing local authorities that have been underfunded for more than a decade, where schools are doing quite well with limited resources, are saying that it is time to rectify the situation. It is right that we listen to them and act.

Before getting into the detail of that issue, I want to respond to the point made by the hon. Member for Glasgow North West (Carol Monaghan). The Government recognise the importance of long-term investment in education to prepare children for success in adult life. In the previous Parliament, we invested more than £190 billion in our schools—a real-terms increase every year. In this Parliament, we will continue to protect the schools budget, as we promised in our manifesto. We will also ensure that the money reaches the places where it is needed, so all children in all age groups and all locations can access excellent education. We committed in our manifesto to making schools funding fairer, so that every school can support every child in achieving their potential.

The right hon. Member for Exeter made that point extremely well when he highlighted the fact that the root cause of this issue is historical funding. At some point in history—2005, I think—we froze schools funding in aspic, and whatever an authority spent the previous year became the baseline for its funding allocation. Demographics, local authorities and schools’ needs changed, but the funding formula was not updated to reflect current need.

Electoral Registration

Debate between Sam Gyimah and Neil Parish

Wednesday 4th February 2015 Commons Chamber

[Mr Gyimah]

I will come to the details of the electoral register—[Interruption.] May I answer the question? There is a clear process through which the decision will be made about whether to end the transition in 2015. That will be down to the independent advice of the Electoral Commission, whoever is Minister and whoever is in government.

[Neil Parish (Tiverton and Honiton) (Con)]

In a democracy everybody should have the right to register to vote, but we must also get the correct people to register so that there is no fraud. Surely the Government must ensure that the register is correct.

[Mr Gyimah]

My hon. Friend puts his finger on it: IER is about ensuring the completeness and accuracy of the register, and as we do that some people will drop off and others will have to get on it.