Animal Welfare (Import of Dogs, Cats and Ferrets) Bill

Debate between Selaine Saxby and Sarah Champion

2nd reading
Friday 15th March 2024 Commons Chamber

[Selaine Saxby]

I thank the hon. Gentleman for his intervention, and I hope that the Minister can provide guidance on that at the end of the debate.

The Bill will ban the import of puppies and kittens under six months and dogs and cats that are mutilated or heavily pregnant. It will also address the abuse of non-commercial rules that compromise animal welfare and biosecurity by making it more difficult and less profitable for traders to fraudulently import animals for sale under the disguise of owners travelling with their pets. The Bill also addresses the issue of commercial imports being disguised as non-commercial movements by amending the rules that govern the non-commercial movements of dogs, cats and ferrets into Great Britain from third countries.

The puppy trade has become a multimillion-pound, transnational industry, with UK sales of up to 2 million puppies annually and a value of £3 billion. However, 50% of the industry is either illegal or unlicensed and off the enforcement radar. Of that, half originates from animals coming from outside the UK.

According to the Animal and Plant Health Agency, in 2023, more than 500 landings of dogs and cats were intercepted at the port of Dover and found to be non- compliant with import requirements. Of those, 116 puppies and kittens were quarantined for being below the legally required minimum age for import. That data does not include animals detained at airports or found inland. We cannot know the true extent of puppy smuggling operations, so those figures likely capture only a small proportion of the animals smuggled into the country.

Ferrets are included in the Bill, because dogs, cats and ferrets are in the same category for rabies risk. I have not had strong representations from the ferret community, but I would like to mention on the record the ferret of the right hon. and learned Member for Banbury (Victoria Prentis), who was the Minister for the original Bill. Her gorgeous ferret, Roulette, is no longer with us, but I know that the now Attorney General has previously ensured that references to many of her much-loved pets are recorded in this place, and I am delighted to remember Roulette today.

While not many ferrets have made my inbox, I have done much to support the work of our fantastic animal welfare charities on puppy and kitten smuggling, so I will focus on their travel arrangements. Pet animals can be brought into the UK from EU member states through two different schemes. One is for the travel of owners with pets and the other is for the commercial import of pet animals. Under the EU pet travel scheme, or PETS, vaccinated and microchipped dogs, cats and ferrets are allowed to travel between EU countries for non-commercial reasons, as long as they have a pet passport and have complied with all the requirements of the scheme, which include a rabies vaccination.

The current pet travel scheme is designed to allow a maximum of five pets to travel with their owner rather than for the commercial movement of animals intended for sale as pets. Under the scheme, pet owners must fill in a declaration confirming that they will not sell or transfer the ownership of the pet. An approved transport company must be used for the travel of the pets, unless travelling between the UK and Ireland, where a private boat or plane can be used.

Although I understand that the pet travel scheme was created to make it easy for owners to take their family pets on holiday with them, the system has been abused by unscrupulous traders. Traders have taken advantage of the scheme’s simple set-up to illegally import thousands of puppies for sale, making a huge profit at the cost of welfare. The most common method of attempting to smuggle puppies into Great Britain is by bringing them in under the pet travel scheme when they are, in fact, being imported for commercial sale and should instead be subject to the requirements of the Balai directive and the Trade in Animals and Related Products Regulations 2011.

Most of all, I highlight the great work that the pet charities have done to raise this issue. Dogs Trust exposed the cruel puppy smuggling trade in 2014 and has been pushing for changes to the law to help stop it ever since. The Dogs Trust puppy pilot scheme was set up in 2015 to aid the interception of illegally imported puppies by APHA at the ports and to provide care and rehabilitation for them until they find loving new homes. Since then, it has cared for more than 2,000 puppies.

As part of the Dogs Trust puppy smuggling taskforce, I first experienced the documentary and identity checks that currently operate at the border. I saw for myself the tactics that smugglers employ to avoid detection. I thank Dogs Trust for all its hard work in campaigning on this issue and for working with me on the Bill’s progress, through the roundtable and the event this Wednesday to discuss their recent “Tragic Tales and the Decade of Delay” campaign, which featured four real-life case studies of dogs who have been helped by the puppy pilot. Special thanks goes to my local Dogs Trust site in North Devon between Ilfracombe and Braunton, which does exceptional work to rehome dogs locally.

I also thank the RSPCA for its work on this issue and for its #ForPupsSake campaign, especially during the pandemic when interest in getting a puppy sky-rocketed. The campaign called for a stop to illegal puppy imports and highlighted how smuggled puppies can cost the owner more than they think. On behalf of the fluffy, furry kittens, I would like to thank Cats Protection, which published its 2023 “Cats and their Stats” survey. It found that 3% of the cats obtained in the 12 months preceding the survey were from abroad, equating to 50,000 cats. It is unclear what conditions those cats were subjected to during travel.

There have been significant changes in the cat market in the past five years, with a big rise in pure bred and pedigree cats. Of the cats obtained in the past 12 months, 42% were pedigree and pure bred cats, compared with 17% five years ago. It is likely that many of the imported cats are pedigree. Having had a cat while I was living overseas, I know that cats are extremely stressed by transportation over long distances, which in turn can supress their immune systems so that their risk of infectious disease and other stress-related illness is markedly increased by importation.

Vet charities, such as the British Veterinary Association, have also raised directly with me the significant threat posed to biosecurity by the large number of smuggled puppies entering the UK. Although it is not in scope of the Bill, I hope that raising the issue is a first step and that the Department will take forward those concerns. Other charities, such as Battersea Dogs and Cats Home, FOUR PAWS and the Kennel Club, have all done invaluable work to campaign on the issue. I thank them all today.

Moving on to the Bill and the measures that will be enacted through primary legislation, clause 4 will reduce the number of animals that can travel under non-commercial rules from five per person to five per vehicle, or three per foot or air passenger. The charities would have preferred three animals per vehicle, as their research shows that over 97% of pet owners have three or fewer dogs. However, the reduction is a significant and welcome step to tackle the illegal smuggling of pets. The non-commercial rules are intended to make it easier for genuine pet owners to travel. Unscrupulous traders fraudulently claim ownership of several pets that they are actually importing for sale. They do that because the requirements for owners travelling with pets are less stringent. The Bill reduces the number of dogs, cats and ferrets that can be brought into Great Britain non-commercially. Reducing that number is proportionate and takes into consideration other pets owned by the household that may also travel.

Article 5A in clause 4(5) ensures that when a non-commercial movement of a dog, cat or ferret is carried out by an authorised person, it may only take place within five days of the movement of the owner. There is evidence that the ability for a pet to travel with an authorised person under the non-commercial rules is being used as a loophole to bring in animals that should be moved under the commercial import regime, and therefore subject to more stringent requirements for sale or transfer of ownership. The new measures will ensure that pets are moved under the owner’s direct responsibility or, where the pet animal cannot be moved at the same time as the owner, under the responsibility of a person authorised by the owner and within five days of the movement of the owner. An authorised person is one who has authorisation in writing from the owner to carry out the non-commercial movement of the pet animal on their behalf. This will also ensure that only an owner of a pet can sign a declaration that a movement is non-commercial. This will stop non-commercial routes being used as a loophole by traders. Movements that are not within five days will require the dog, cat or ferret to be brought in as a commercial import, rather than a non-commercial movement.

On the measures to be enacted through secondary legislation, the Bill contains an enabling power to make regulations on the bringing of dogs, cats or ferrets into the United Kingdom for the purpose of promoting their welfare. The first regulations that can be made in relation to dogs and cats in Great Britain under that enabling power have been outlined on the face of the Bill to provide reassurance of the Government’s intention to lay the measures through secondary legislation. The enabling powers provide the opportunity for the Government to gather further evidence and discuss the proposals with stakeholders and the public in order to develop the new restrictions effectively. The powers will enable the Government to tackle low welfare imports dynamically. They will allow us the flexibility to address known issues quickly, but also act to close down emerging practices, including those attempting to circumvent previous restrictions.

The Government will use that power alongside the other powers in the Bill. Subsections (2) and (3) to clause 1 introduce prohibitions that restrict the commercial import and non-commercial movement into Great Britain of puppies and kittens under six months. We are still seeing high volumes of smuggled puppies—dogs under six months which do not comply with current animal health rules and are landed in Great Britain for the purpose of commercial sale—as well as other low-welfare movements and imports of pet animals.

I understand the Kennel Club’s concerns about genetic diversity and rescue dogs that are brought into the country at the age of four months. However, the need for a six-month minimum age is due to the practicalities of identifying the age of a dog or a cat that can come into the UK: at six months old, the majority of puppies and kittens will have a full set of permanent incisors, canines and premolars, and can therefore be aged more accurately. The measure will enable the identification of puppies and kittens that are being moved at young ages and are thus at risk of low welfare.

The prohibition is intended to prevent the import of under-age puppies and kittens by increasing the minimum age from 15 weeks to six months. To illustrate the importance of that, I want to talk about Bruce, who is available after today’s sitting for photos in room W3, if you would like to meet him, Mr Speaker. Bruce highlights the need for a change to the minimum age. He is a French bulldog who was seized at the border at just 10 weeks old alongside three of his siblings, who had all endured a journey in cramped and squalid conditions over thousands of miles from Bulgaria in 2018. Ten weeks is well under the 15 weeks that puppies must have reached to legally enter the UK.

Bruce and his siblings were found in a poor condition, infested with worms and severely underweight. All four of the dogs weighed roughly 2.8 kg, which is half the expected weight of French bulldogs of their age. Their passports were faked, with at least three claiming that the dogs had been wormed before they were even born. The dishonest traders claimed that Bruce and his siblings were all their own pets. Upon seizure, however, Dogs Trust staff were able to find evidence of all four dogs being advertised for sale online. Fortunately for Bruce, the Dogs Trust was able to take him in and care for him until he could find his forever home. Bruce has now been rehomed responsibly through the Dogs Trust. He is a very cute French bulldog.

Some of these dogs are bred for fashion, and the Kennel Club, along with other animal charities and vets, has highlighted the health and welfare issues that can be associated with such breeds. Although the issues of breathing and flat-faced dogs are about genetic mutilation and are therefore not in scope of the Bill, I would like to highlight the need still to safeguard dogs of this type that are already in the country. We must look at what else we can do to help with genetic mutilations, which cause our pets to suffer.

Last week, it was reassuring to hear about Crufts’s respiratory function grading—RFG—scheme for brachycephalic dogs, such as French bulldogs, pugs and bulldogs. It was great to meet Dr Jane Ludlow, the vet who has devised the scheme, which assesses dogs with a stethoscope. The dog exercises for three minutes, and the process is then repeated. We saw at first hand that the test is quick and straightforward, and it assigns an RFG rating to each dog. Those with the lowest grades should not breed.

Far too many flat-faced dogs have brachycephalic obstructive airway syndrome, known as BOAS, which can chronically impair the ability of the dog to breathe normally and carry out everyday tasks. All the dogs at Crufts had the option of being tested, which becomes compulsory next year, and all those that win are tested to ensure that the breed retains high health standards. I hope that my highlighting this issue today will ensure that more potential pet owners ask questions about the health of the parents of their future pet.

[Sarah Champion (Rotherham) (Lab)]

I am really glad that the hon. Lady has brought up this issue. I do not know whether she has seen the number of brachycephalic dogs that are going to Battersea because pet owners cannot afford to have the operation. The charity has seen an exponential rise in these dogs being dumped. Does she agree that much more needs to be done?

[Selaine Saxby]

I have indeed been to Battersea, which is what really triggered much of my interest in this particular area. Like the hon. Lady, I was deeply shocked by what I saw, which is why it was such a relief to see the new system come into effect at Crufts. It gives people the opportunity to find out whether their dogs are unwell—ideally, before they have been adopted as puppies.

Cats Protection has highlighted the issue of under-age kitten smuggling. Nala was smuggled illegally into the country when she was around eight weeks old. She had been with her owners for eight days when they brought her into the UK from Germany without a pet passport and appropriate vaccinations. They became concerned for her health and took her to a vet, who realised that she had arrived without meeting the requirements of the pet travel scheme and reported the matter to trading standards. The pet travel scheme—PETS—allows pet cats, dogs and ferrets to enter the UK without quarantine as long as they are microchipped, have a pet passport and a rabies vaccination, and have waited 21 days after the vaccination before travelling.

In addition to breaking the terms of PETS and been facing prosecution, Nala’s owners were also unable to pay for the costs of seven weeks of quarantine, which came to £1,500, so they signed her over to feline welfare charity Cats Protection. It ensured that the tiny cat was appropriately quarantined and received vet care before being taken into its Ferndown adoption centre. Despite being removed from her mother at about seven weeks old, a week earlier than is advised, Nala was a lively, energetic kitten, and a suitable home was found for her.

Clauses 1(3)(b) and 1(4)(b) introduce prohibitions that restrict the commercial import and non-commercial movement into Great Britain of heavily pregnant dogs and cats—those that are more than 42 days pregnant. There is an emerging trend in the import of pregnant dogs, but there is a strong consensus to tackle that, with Dogs Trust polling showing 79% support for a ban on the import of heavily pregnant dogs. The prohibition in the Bill is intended to ensure the welfare of pregnant dogs and cats by lowering the gestation limit to prohibit the movement into Great Britain from a third country of dogs and cats that are more than 42 days pregnant—and so within the final third of the gestation. That aligns with clear markers in pregnancy, and therefore pregnant dogs and cats under that limit can be more easily identified. In addition, we expect that traders will respond to an increase in the minimum age for importing puppies and kittens by increasing the number of pregnant dogs and cats that they import. This measure is needed to prevent that anticipated increase in imports of low-welfare dogs and cats from producers with unacceptable welfare standards.

The tragic case of Snowy, the heavily pregnant bichon Maltese, shows how important this measure is in this Bill. Snowy was seized at the port of Dover in May 2023, after being illegally transported into the UK. Before she was intercepted, Snowy had travelled to the UK from an EU country. Snowy was 56 days pregnant when she was seized—in the final 10% of her pregnancy, when it is illegal to transport dogs. Just days after she was seized, and despite her ordeal, Snowy gave birth to four healthy puppies. Snowy and her puppies have all now been responsibly rehomed through the Dogs Trust. The disturbing trend of transporting heavily pregnant dogs into the country in the later stages of pregnancy causes significant suffering and health implications to both mum and puppies. Not only will importing one dog attract less suspicion at the border, but as responsible buyers will ask to see the puppies with their mother, this tactic allows criminals to give the impression of being legitimate breeders, and thus avoid being reported to trading standards.

Clauses 1(3)(c) and 1(4)(c) introduce prohibitions that restrict the commercial import and non-commercial movement into Great Britain of dogs and cats with non-exempted mutilations, for example, dogs with cropped ears or docked tails, and declawed cats. From my previous meetings with pet charities, I know there is a clear consensus among the charities about a ban on dogs and cats with cropped ears and declawed cats, and I am delighted that it has been taken forward. The intended approach to the prohibition of mutilated animals is set out in further detail in the Department for Environment, Food and Rural Affairs consultation “Commercial and Non-Commercial Movements of Pets into Great Britain”. The summary of responses and the Government response to that consultation are due to be published in due course, and I am very much looking forward to seeing the consultation response.

The ban on cropped ears mutilations would have helped six-year-old Maisie, who came into RSPCA care in October 2023 due to welfare concerns. She was incredibly malnourished and underweight. She is a sweet and gentle girl who absolutely loves playing with a football, chasing tennis balls and eating sausages. She arrived in RSPCA care with a docked tail and cropped ears. She has a passport from overseas, so the RSPCA believes she was imported having already been cropped and docked. Unfortunately, it is not just dogs that are mutilated. Many kittens are subjected to declawing, an extremely painful and distressing procedure that prevents cats from exhibiting normal scratching behaviour, and is the equivalent of amputating a human fingertip at the first knuckle. Although it is already illegal for cats to be declawed in the UK. Cats Protection, the RSPCA and Battersea have been campaigning hard to ensure that cats with this mutilation are included in the Bill and banned from importation. That is both to deter any market or interest in declawed cats, and to keep in line with ensuring that the highest standards of cat welfare are consistently maintained in the UK. The PDSA “Animal Wellbeing Report 2022” states that

“alarmingly, 5% of cat owners who got their cat from abroad, equating to 31,000 cats, told us that they chose to get their pet from abroad because they wanted them to be declawed.”

Clause 1(2)(b) delivers relevant exemptions to the prohibitions, for example, for recognised assistance dogs or military or service working animals. The enforcement measures and exemptions for the Bill will be delivered through secondary legislation. As with the exemptions, delivering the enforcement measures through secondary legislation will enable us to work closely with enforcement bodies to develop guidance and ensure they have the correct tools to deliver these measures effectively.