Animal Welfare (Sentencing) Bill (First sitting)

Debate between Sandy Martin and Anna Turley

Committee Debate: 1st sitting: House of Commons
Tuesday 23rd July 2019 Public Bill Committees

[Anna Turley]

Q What proportion of the cases that you have seen have pushed the envelope and outstripped the existing sentencing bracket?

Inspector O'Hara: It is a very small number.

Mike Schwarz: I do not know whether I can add to that. The only point I would make, triggered by that thought, is about the position in Northern Ireland, where the unnecessary suffering provision in section 4 is not limited to domesticated animals but applies across the board. There would be a significant disparity of sentencing for exactly the same facts for a case in Northern Ireland compared with England and Wales if the Bill is passed. That is the only helpful contribution I can make, other than to refer to the existing sentencing guidelines, which are very helpful.

[Sandy Martin]

Q Mr Schwarz, we have heard about the need to get the Bill passed. We have also heard about the difficulties of making a distinction between wild animals and domestic animals. I asked the representative of the RSPCA about a review, which he thought was a sensible idea. How soon after passing the Bill would it be sensible to have a review?

Mike Schwarz: I would like to think the points I make are sound in principle and therefore one does not need a great deal of evidence in order to have that review. I am not being vain about it, but there are flaws in the structure of the Bill which, if recognised, merit a review. Having said that, I would not dismiss evidence or views, particularly from the judiciary.

You mentioned how the judges might be grappling with this. Suppose the Bill were passed today, the first prosecutions might come about in the next six to 12 months, particularly they were Crown court cases. After 12 months, there might be some instances where problems—or lack of problems—emerge. I see that there were about 700 or 800 prosecutions in 2018 under the Animal Welfare Act. During that year, there was likely to be a significant proportion of helpful cases. Soundings could be taken of the judiciary and it could be advised after the Bill passes that Parliament would be assisted by view.

It would take perhaps a year, if one attaches importance to evidence, but sooner if it is accepted that, as a matter of principle, the absence of a level playing field needs to be addressed earlier.