RSPCA (Prosecutions)

Simon Hart Excerpts

Tuesday 29th January 2013 Westminster Hall

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

It is a pleasure, Mr Williams, to serve under your firm control. This debate is important, and I should begin by saying that I have some history with the Royal Society for the Prevention of Cruelty to Animals, which will not entirely surprise fellow Members. We go back a good 20 years or so. I am a former chief executive of the Countryside Alliance, and in that role I probably came into contact with the RSPCA as much as almost anybody in this room. I have argued with it on several points, mainly in a civilised manner, and I have disagreed with it on many things, although I agree with it on more things than some people might imagine. There is therefore much on which we can find consensus.

For a start, let us remind ourselves that the RSPCA was created 189 years ago by a Conservative MP—a pro-hunting Conservative MP, I should say—called Richard Martin. He said:

“It would be ill judged for it”—

the RSPCA—

“to become known as a prosecuting society and the prime aim should be to alter the moral feelings of the country.”

[Paul Flynn (Newport West) (Lab)]

Will the hon. Gentleman give way?

[Simon Hart]

I am sorely tempted to say yes, but I will say no for the moment.

That is why we are here. The RSPCA can be, and often is, a huge force for good, particularly at a local level; that is why I was a member for many years. The debate is not about country sports or the differences of opinion we might have about animal welfare; it is about the RSPCA’s role as possibly the most prolific private prosecutor in the UK.

[Caroline Lucas (Brighton, Pavilion) (Green)]

Will the hon. Gentleman give way?

[Simon Hart]

I will give way to the hon. Lady. [Interruption.] She asked more nicely.

[Caroline Lucas]

The hon. Gentleman quoted Richard Martin a moment ago. Did he not also say:

“If legislation to protect animals is to be effective, it must be adequately enforced”?

Is what the RSPCA is doing with the Heythrop hunt not enforcing exactly that legislation?

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[Simon Hart]

The hon. Lady makes a useful contribution, but I hope she will forgive me if I say I will cover that point later. If I do not, I will take another intervention from her if she so wishes.

The RSPCA is a prosecutor that, in 2012, secured 3,000 convictions at a cost of £8.7 million. That is more than twice the number of prosecutions it brought in 2008, when it prosecuted 1,252 defendants for cruelty to animals, compared with the Crown Prosecution Service’s 240. The RSPCA is a prosecutor that makes claims to comply with CPS guidelines.

[Hugh Bayley (York Central) (Lab)]

I know that we are not going to agree on hunting, but does the hon. Gentleman agree that the RSPCA plays an extremely important role as a prosecutor in other cases, highlighting and enforcing the law in cases of animal cruelty?

[Simon Hart]

I will probably disappoint the whole House by not mentioning the H-word at all during my speech, but I take the hon. Gentleman’s point. Nothing I say today will in any way offer comfort to those who wish to break the law of the land; nothing I say will alter that. Anyone who might think there is some kind of scam going on here might be disappointed by my comments.

The RSPCA is a prosecutor that does politics in a big way. It needs to raise about £120 million a year to keep its engines running. The debate is about the conflict that arises when CPS criteria are applied in cases where the RSPCA might have a political or commercial interest.

[Roger Williams (Brecon and Radnorshire) (LD)]

My hon. Friend and all other hon. Members will be aware that the RSPCA has limited funds, like all charities. Those of us who have worked with animals all our life welcome the presence of local RSPCA officers, who are able to give advice, help and support to people who manage animals. Less of that is happening because more money is being spent in other ways.

[Simon Hart]

My hon. Friend makes a valuable point, and I would love to be able to quote one or two RSPCA regional officers who have mentioned to me their frustration at being underfunded while reading in the papers of enormous sums being spent on cases in which the animal welfare benefit achieved is doubtful.

[Sir Bob Russell (Colchester) (LD)]

Is the hon. Gentleman saying the RSPCA should not be involved in prosecutions? If not the RSPCA, who would do it?

[Simon Hart]

No, I am not saying that. As I will say later, the manner in which the RSPCA goes about its prosecutions needs to be more in line with the relationship between, for example, the CPS and the police: it need not be the closed shop it currently is.

[Paul Flynn]

rose—

[Simon Hart]

I do not think that I can resist the hon. Gentleman any further.

[Paul Flynn]

Is the hon. Gentleman saying that all lawbreakers should be prosecuted, unless they are found to be rich, powerful or Tory?

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[Simon Hart]

I now regret not accepting an earlier intervention from the hon. Gentleman, although it was worth the wait. I will press on, otherwise we will get bogged down. A number of other hon. Members want to make a contribution.

[Angela Smith (Penistone and Stocksbridge) (Lab)]

Will the hon. Gentleman give way?

[Simon Hart]

I will take an intervention later, but I want to make a little progress if I can.

The debate asks why the RSPCA prosecutes when pretty much every other worthy charity, whether they deal with animal or human welfare, such as the National Society for the Prevention of Cruelty to Children, relies entirely on the CPS and the police to deal with problem areas they come in contact with in the course of their professional duties. Why is animal cruelty in Scotland dealt with perfectly satisfactorily by the procurator fiscal, rather than by the Scottish Society for the Prevention of Cruelty to Animals, the sister organisation to the RSPCA, as private prosecutions are not permitted in the same form north of the border?

I draw the Attorney-General’s attention to the fact that all those activities have a cost to the taxpayer both through the beneficial tax regimes that all charities benefit from and through gift aid, which assists the RSPCA to the tune of several million pounds a year. Will he comment on what powers the society really has, and its relationship with the police? Even some police officers often assume that the RSPCA’s officers have powers of entry. They do not. Their rank and uniform, although often similar to those of the police, provide no authority whatever in the eyes of the law, yet they can and do liaise with the police to engage in covert surveillance, raids on property and interviewing or cautioning those whom they might suspect. Given the political and commercial activities of the society, is it right that it operates so closely with the police? Should the police exercise some care in the relationship, especially as it applies to the use of cautions?

I want to address how the decision-making process for prosecutions fits with CPS guidance, especially as it applies to the old, sick, infirm, vulnerable and young. Many fellow Members will have examples of constituents who feel that they have been the victims of heavy-handedness from the RSPCA. I will highlight just two.

[Chris Williamson (Derby North) (Lab)]

The hon. Gentleman talks about the RSPCA being heavy-handed, but does he agree that the common criminals who are in breach of the Hunting Act 2004 should be prosecuted whenever possible?

[Simon Hart]

The hon. Gentleman and I disagree on many things, but what we can agree on, whether it suits my taste or not, is that the law is the law until such time as it is not. I am not here to defend anybody who breaches the law in this area or any other, frustrating though I may find the law. I reassure him—I refer back to my answer to an earlier intervention—that nothing I say today should offer any comfort to those who wish to break the law. This is about process, rather than policy.

[Mr John Leech (Manchester, Withington) (LD)]

The hon. Gentleman is being generous in giving way. Further to the last intervention, is the solution not further legislation —I am sure he will disagree—to make it easier for the CPS and the police to prosecute people who break the law? At the moment, they are not able to prosecute, and that is why the RSPCA feels it necessary to take out these private prosecutions.

[Simon Hart]

I regret that I disagree entirely with my hon. Friend’s comments. I will explain why in a minute. The debate is not about trying to pass yet more legislation to deal with what some people consider to be a problem. This is about how we can actually empower the CPS, and, indeed, for that matter, impose a degree of accountability on those who wish to prosecute privately. I am not here to try to stop people prosecuting privately; I am just trying to ensure that, if they prosecute, they do it in a way that does not conflict with their political or perhaps, commercial objectives.

I remind my hon. Friend that the police had the ability to prosecute in their own right removed in the 1980s, with the creation of the Crown Prosecution Service. The police must gather evidence, make arrests and submit a file to the CPS, which will then apply a stringent and objective test. That process is right, and exists to protect the public from police officers who might, through no fault of their own, be tempted to chase targets or satisfy neighbourhood or other pressures, which might distort their proper objectivity. I am attempting to argue that if any charity were to go about its private prosecutions—and, let us face it, the RSPCA is about the only one that does it—with that degree of objectivity and accountability, we should have achieved something, and my hon. Friend’s fears would not come to fruition.

[Angela Smith]

Does the hon. Gentleman at least accede to the point that the Charity Commission has agreed that the RSPCA’s approach to prosecutions follows the CPS code—a two-stage evidential and public interest test, which is applied in all RSPCA prosecution decisions and that it believes that the RSPCA’s work is consistent with the duties placed on trustees?

[Simon Hart]

I am grateful to the hon. Lady for her intervention, which I suspect she wrote before she read The Daily Telegraph this morning. I refer her to a letter written yesterday from the Charity Commission to the RSPCA:

“The charity should ensure that it has fully considered the reputational damage to the charity of adverse publicity; fully assessed the risk of such publicity; and taken steps to mitigate such risk where possible.”

The letter continues that

“although we understand the reasons for the ‘independence’ of the charity’s Prosecution Department…ultimately the trustees are responsible…and…the trustees should review the current arrangements to ensure that they are entirely satisfied with the criteria for prosecutions”.

The Charity Commission has therefore today issued a rebuke to the RSPCA on the manner in which it carries out prosecutions.

[Chris Williamson]

Will the hon. Gentleman give way?

[Simon Hart]

I am not going to take further interventions just yet. Hon. Members may disagree with what I say, but I advise them to have a look at what the Charity Commission has said.

[Chris Williamson]

rose—

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[Simon Hart]

I am going to press ahead, if the hon. Gentleman does not mind, for a bit. It is nothing personal. I wanted to refer to two examples, and then I hope I will eventually get to him.

Pauline Spoor, a pensioner from Manchester, was convicted and tagged for not putting down her old dog, which had arthritis. She admitted in court that her actions were misguided, but said she could not bear to put him down as he was her constant companion. Would not, in those circumstances, a quiet word from the RSPCA have resolved the problem just as effectively and at considerably less cost? What of Georgina Langley? In 2010, three RSPCA inspectors, with police reinforcement, entered the home of the 67-year-old and took away her 13 cats, four cockerels and dog. Within days, she was told that the RSPCA had put down five of her cats. The Royal Veterinary College carried out an independent post-mortem examination on a ginger tom and an adult female, after being contacted by Miss Langley’s vet. He said:

“There appears to be no good reason why the RSPCA allowed these animals to be put to sleep. The RVC post mortems concluded the cats were healthy with no signs of incorrect feeding or problems with fleas or other illnesses. This lady needed help and support, not hauling through the courts.”

It does not end there. The RSPCA pushed for costs of £28,000, asking magistrates to make an order on the pensioner’s home and calling for her to be banned from keeping animals. Instead, it was ordered that Miss Langley’s dog and cockerels and one cat should be returned. She was given a conditional discharge with no fine or costs imposed. Was the action that was taken that of a responsible and proportionate prosecutor?

[Mr Mark Williams (Ceredigion) (LD)]

Does not that remind us of the point made by my hon. Friend the Member for Brecon and Radnorshire (Roger Williams) about resources on the ground for the RSPCA’s regional officers, to enable them to give support to such people as my hon. Friend has mentioned?

[Simon Hart]

My hon. Friend makes a sensible point, and in a way the thrust of the debate is to highlight something of which I think the public are increasingly aware: the gulf between very good activity on the ground carried out by RSPCA inspectors, whom we all know, work with, and value, who do good things in communities, and whose principal function is to deal with animal welfare, and the leadership of the organisation, whose principal function appears to be to deal with animal rights. The animal rights agenda is compromising the animal welfare agenda on the ground, leading to precisely the sorts of example in question.

[Mr Mark Spencer (Sherwood) (Con)]

I congratulate my hon. Friend on securing the debate. At this time of year particularly—post-Christmas, when there is a lot of pressure on RSPCA kennels to look after pets that have been given as Christmas gifts—education is probably the key to the debate. If the RSPCA could spend more money on educating people to understand animal welfare, that money would be better spent than on prosecutions.

[Simon Hart]

There must be balance, and I have said in response to several interventions that there are occasions when prosecutions may be the only way forward. I wanted to compare what goes on in England and Wales with what goes on in Scotland. The Scottish Society for the Prevention of Cruelty to Animals does very good work of the sort mentioned by my hon. Friend the Member for Ceredigion (Mr Williams), but is not hampered by also being a prosecuting body, as the RSPCA south of the border is. That relationship seems to work perfectly well, and there is no reason why a similar one should not work for the RSPCA, enabling it to spend more time and money giving people a helping hand.

[Mr Ian Liddell-Grainger (Bridgwater and West Somerset) (Con)]

I wonder if my hon. Friend agrees that one of the big problems is that when Suzi Leather was in charge of the Charity Commission she confused political charities and charities, and allowed far too much leeway on politics coming into charities. Does my hon. Friend think that that should be addressed, given what we have heard about how the RSPCA has been prosecuting?

[Simon Hart]

My hon. Friend raises a good point. There is political activity and party political activity. Party political activity is still outwith most charitable law. I suspect that there must be a degree of politics in every charity, but it cannot conflict, I suggest, with the prosecuting role of a charity, if that is the role it wants to pursue.

[Mr Iain McKenzie (Inverclyde) (Lab)]

Will the hon. Gentleman give way?

[Simon Hart]

I will take one more intervention. We are not making a lot of progress.

[Mr McKenzie]

The hon. Gentleman has mentioned Scotland and the prosecution service there a few times now. Does he feel that that prosecution service is as successful as the RSPCA in England is, with its 98.2% success rate?

[Simon Hart]

I think the situation in Scotland is deemed to be perfectly satisfactory from the point of view of animal welfare charities. I do not think that they are particularly governed by statistics. I am intrigued by the 98% success rate, because nowhere in the RSPCA documentations could I find any reference to conditional or unconditional discharges, which I think make quite a difference to the overall figure. I believe—and I stand to be corrected on the point—that those are included in the 98% success rate. I suggest that the lawyers in the Chamber might consider that slightly misleading.

I want to press on somewhat, and discuss something that I think is a commercial disincentive, using the Freedom Food brand as an example. It is a wholly owned brand of the RSPCA, launched in 1994. The society claims that more than 75 million farm animals and salmon were reared to RSPCA welfare standards under the Freedom Food scheme in 2011. So far, so good—I have no problem with that. Yet in the 19 years since the scheme was introduced, the RSPCA has not brought a single prosecution against a Freedom Food member, despite several members of the programme having been prosecuted—not by the RSPCA—for seriously compromising animal welfare standards. It is odd that in that instance the CPS is deemed expert enough to prosecute under animal welfare legislation, whereas in other cases the RSPCA argues that it alone possesses the necessary skills and resources to do so. That raises the question—I put it no more strongly than that—whether in a case where there is a commercial risk to the RSPCA brand, it is dissuaded from bringing prosecutions, whereas it may be tempted in the direction of a tantalising, juicy case that it might want to get its teeth into because of its political or financial benefits. Those are unnecessary and unfortunate consequences of trying to mix prosecution with politics.

[Chris Williamson]

Will the hon. Gentleman give way?

[Simon Hart]

Yes, go on.

[Chris Williamson]

The more I listen to the hon. Gentleman the more I am convinced that what he is talking about is a smokescreen for the attack on the RSPCA for having the temerity to prosecute the Prime Minister’s hunt. Is that not the real reason he brought the debate to the Chamber today?

[Simon Hart]

The hon. Gentleman has omitted a declaration of interest, which is his vice-presidency of the League Against Cruel Sports. My response, therefore, is, “He would say that, wouldn’t he?”

This raises further questions for the Attorney-General. Does he agree with the Environmental Audit Committee’s findings on wildlife crime? The Committee states:

“The CPS should review its performance on prosecuting wildlife crime in England and Wales with a view to either employing specialist wildlife crime prosecutors or introducing specialist wildlife crime training for its generalist prosecutors.”

That would enable the CPS to be better equipped to handle prosecutions, by aligning it with the procurator fiscal and reducing the need for prosecutions to be brought by a politically motivated charity. As was mentioned earlier, there are means by which we can achieve the same ends without the uncertainty about conflicts along the way and whether people are being dragged into the court system at great expense to themselves when they should not be there in the first place.

[Joan Walley (Stoke-on-Trent North) (Lab)]

The hon. Gentleman quotes from the recommendations of the Environmental Audit Committee somehow to give credence to his argument. The professionalism of the CPS and proper funding for the enforcement of police activity through the wildlife crime unit were important considerations when we produced the report.

[Simon Hart]

I think that I agree with the hon. Lady, and I think that she will have been pleased to see the announcement this week or last by the Department for Environment, Food and Rural Affairs of the funding for the wildlife crime unit.

[Joan Walley]

Much as I welcome the debate, as an opportunity for all concerns about the issue to be put on the record, I point out that whereas our recommendation was that we should have certainty about future funding, the funding of the wildlife crime unit has been secured for only one further year.

[Simon Hart]

I suspect that you will reprimand us both, Mr Williams, if we go down the route of discussing DEFRA funding, so I hope that the hon. Lady will forgive me for nodding but not proceeding too much with that side of the debate.

There are numerous examples of the RSPCA failing to prosecute when there is evidence with which to do so, and vice versa, and that gets to the nub of the debate. The charity sometimes pursues tantalising cases, at not only considerable public and private cost but to the cost of some innocent victims, some of whom plead guilty simply because of the fear of the huge cost risks of doing otherwise and finding themselves on the receiving end of this massive financial machine. What is the Government’s view about how members of the public can guard against a campaigning charity with a political and commercial agenda also acting as a prosecutor in its own right? Are the Government happy with the situation as it is, and are they aware that the Charity Commission only yesterday advised the RSPCA of the need to review its prosecution procedures in the light of recent complaints?

The Charity Commission’s intervention yesterday is a serious rebuke, as others have agreed. The CPS was created to ensure that prosecutions are free from any possible suggestion of political interference, commercial influence or personal beliefs. It protects the public while ensuring that crime is properly dealt with. Over the weekend, I spoke to a police office—a former wildlife officer—who told me that it is the only check in the process that protects the public. It is a check that simply does not independently exist within the RSPCA.

I will finish with a reference to Her Majesty’s Crown Prosecution Service inspectorate. The HMCPSI carries out the vital role of ensuring high standards in all CPS prosecutions. The Attorney-General already has the powers to

“ask HMCPSI to inspect other prosecution bodies for which he has responsibility, or to inspect bodies where they are agreeable to voluntary inspection, and to undertake reviews of high profile cases.”

Surely, if that is good enough for the CPS it is good enough for a big, responsible charity such as the RSPCA. Will the Attorney-General consider in what circumstances the CPSI might be asked to review high-profile cases, as is its right?

I hope that nothing I have said compromises the RSPCA and the state’s ability to deal with animal abuse. That is particularly important. The debate raises questions about process. It makes a distinction between an agenda that we all used to be able to support, driven by genuine animal welfare concerns that united not only the House but the country, and an agenda that seems to be increasingly driven by some kind of animal rights ideology. It seems unfortunate that that division is affecting support and potential income for the society. If anything comes out of the debate that enables us to draw a line between what are claimed to be the legitimate political and commercial activities of one of Britain’s biggest and best-known charities and its role as an objective and independent private prosecutor, we will not only have achieved some good from the point of view of members of the public, who may from time to time come into contact with the RSPCA, but, ultimately, we will have done a favour in the interests of animal welfare.

[Several hon. Members]

rose—

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[Alison Seabeck (Plymouth, Moor View) (Lab)]

It is good that the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) has secured this debate, because it is important that we both discuss how prosecutions are pursued and address the allegations made against one of the country’s most admired charities. I make it clear that I am not a member of the RSPCA and never have been.

The RSPCA is a vital member of our charitable sector and its work across the country is invaluable and widely appreciated. The RSPCA is supported, for a range of reasons, by Members of all parties. I know, as do most MPs, just how important the RSPCA’s campaigns are for my constituents, who care about animal welfare and who welcome the opportunity through their membership to ensure that their concerns are heard. I have never felt that a campaign to highlight animal cruelty, bad practice and neglect has been run for purely political reasons. Under the Labour Government there were innumerable campaigns to raise awareness and to enable MPs to ask questions and seek answers from Ministers. It is absolutely right for a charity to inform Members of this House, because, ultimately, we are the people who write the laws.

The main thrust of the RSPCA’s work is to investigate, thereby hopefully changing behaviour and making people aware of the mistreatment of pets and livestock. So much mistreatment arises from ignorance. However, there are those who are only too aware that their actions are outside the law and that they are laying themselves open to prosecution, private or otherwise.

The RSPCA’s investigations rarely end in prosecution, and it is important to emphasise that the RSPCA’s prosecutions department is independent and separate from the investigators. The RSPCA had every right to investigate and prosecute the Heythrop hunt and those involved in the maiming of foxes last year.

Those seeking to criticise the work of the RSPCA, and ultimately defend hunting as a sport, have pointed to the significant figure that the RSPCA spent on the case to bring about, in their view, a fairly insignificant punishment. Criticising the RSPCA for pursuing political motivations in bringing the prosecution is completely unfair. The RSPCA does not prosecute unless there is just cause, and it considers the public interest test of the code for Crown prosecutors before deciding whether to prosecute. The RSPCA is supported by, and has good relationships with, Members on both sides of the House.

I listened to the hon. Member for Carmarthen West and South Pembrokeshire in the early hours of this morning on Radio 4, when he talked about the RSPCA being the only charity that seems to be pursuing—[Interruption.] As my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) says from a sedentary position, that is not true. We should remember that, historically, charities such as Shelter and the National Society for the Prevention of Cruelty to Children have faced persistent allegations of the politicisation of their work. Both charities have assisted or encouraged prosecutions, in Shelter’s case against rogue landlords and in the NSPCC’s case to protect another group that is unable to protect itself—children.

We make the laws in this place, and we make them for a reason. We do not sit here and make laws just for fun. Laws are there for a reason, and if they are broken, there are consequences, irrespective of whether someone is Joe Bloggs or a member of the Heythrop hunt.

[Simon Hart]

In some cases, the charities the hon. Lady mentions have not brought private prosecutions for nearly 20 years. Will she share what the reasons for that might be? Will she also comment on the fact that the Charity Commission has today instructed the RSPCA to review its prosecuting procedures?

[Alison Seabeck]

The hon. Gentleman is being extremely partial in his interpretation of the Charity Commission’s letter. Yes, the Charity Commission pointed out to the RSPCA the role of its trustees, but it has also stated that it will not investigate the RSPCA, which is testament to the fact that the RSPCA acted within its remit and has a right to private prosecution.

The prosecution could not have happened without the work of the RSPCA. If its powers are revoked in any way, hundreds of cases of animal cruelty in the UK will go unchallenged each year. Its role is vital. The hon. Member for Montgomeryshire (Glyn Davies) suggested that it ought to concentrate on animal welfare. The bulk of what the RSPCA does is on animal welfare, and to suggest otherwise is grossly misleading. That work would not be carried out by any other body. The Association of Chief Police Officers has stated that if the RSPCA were to decide not to do it, no other public service could pick it up, and animal welfare would be significantly damaged.

I am a south-west MP, so the matter is important to my constituency. One reason why I wanted to speak today was the weight of interest among my constituents. Public opinion on fox hunting is divided in my constituency, as it is elsewhere in the country. This is not about fox hunting; it is about prosecutions and the RSPCA’s ability to continue taking prosecutions forward where it thinks they are appropriate.

I do not support hunting, but neither do I condone illegal behaviour by those who are either pro or anti-hunting. I want our legal system to be the guardian. The RSPCA’s decision to test that in the courts was, in my view, absolutely the right thing to do. I hope that the Attorney-General will not be chased to ground by the baying pack of Back Benchers sitting behind him.

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[Caroline Lucas]

I am sorry, but to accept more interventions would not be fair to other Members. I have been generous.

[Simon Hart]

I emphasise that nowhere in any of my comments have I ever suggested that the RSPCA should not be allowed to prosecute. The hon. Lady is misleading the House by suggesting that that is what I am recommending. I am recommending that the process needs to be reviewed, not the policy.

[Hywel Williams (in the Chair)]

Order. I think I heard the hon. Gentleman say that the hon. Lady was misleading the House. She certainly was not, or I would have told her so.

[Simon Hart]

If I did, I did so in error. I know that the hon. Lady will take my comments in the spirit in which they were intended.