Harvey’s Law

Tony Cunningham Excerpts

Monday 2nd March 2015 Westminster Hall

[Derek Twigg]

I thank my hon. Friend. He brings passion to the debate, and I know from previous conversations how desperate he was to ensure that he could be here today. He makes the point about the impact on the well-being of pet owners of a loss that is made worse by the tragic circumstances that we are discussing.

Costs are a bit difficult to pin down, but clearly the Highways Agency already holds much of the relevant equipment, so there really cannot be a massive extra cost for it. Unfortunately, it will still have to remove pets from the road, take them away and deal with them as it would normally.

[Sir Tony Cunningham (Workington) (Lab)]

If it comes down to a question of cost, it is important to remember that the vast majority of pet owners are taxpayers.

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[Angie Bray (Ealing Central and Acton) (Con)]

It is a pleasure to take part in this debate under your chairmanship, Mr Rosindell. I congratulate the hon. Member for Halton (Derek Twigg) on securing the debate on this important issue.

I do not think that anyone—at least anyone with a heart—could fail to be moved by the sad story of Harvey. It is made only worse by the knowledge that what happened to Harvey happens far too often. For those of us who have brought pets into our homes and made them a part of the family—I am of course talking here about many of us—it is simply inconceivable that, in death, killed on a road, they can simply be chucked to one side because the Highways Agency cannot be bothered to do the decent thing and report that, as its guidelines currently require.

Now there are suggestions that the guidelines might get changed later this year so that it will no longer be necessary for the death of identifiable animals on the roads to be reported to owners. I certainly hope that those remain just suggestions. It is bad enough that the guidelines get ignored while they still exist, but it would be intolerable to turn that practice into the norm. Instead, I believe that the guidelines should be beefed up, so that the Highways Agency is obliged by law to do the right thing and ensure that deaths are reported to owners when and where the animal’s ownership can be identified.

I frequently get tweets from constituents whose pets have gone missing, asking me to retweet the pets’ photos and the details of where they were last seen. I am always happy to do so when I can, because I know just how painful and miserable it is to lose a pet and wonder what on earth has happened to it. Most people would prefer to know—

[Sir Tony Cunningham]

Will the hon. Lady give way?

[Angie Bray]

I will.

[Sir Tony Cunningham]

It is quite enough to lose a pet, but the real cruelty is in just not knowing.

[Angie Bray]

Indeed. The hon. Gentleman caught me mid-sentence, just about to make that point. I was about to say that most people would prefer to know the worst, so at least they could come to terms with that, rather than worrying, with the most appalling imaginings, about what might have happened.

I remember when my dog went missing in Hyde park. I called her Tuppence after I rescued her from Battersea dogs home. She went to the park every day with a friend who looked after her while I worked at LBC radio. Only one day when I came home she was not there. Instead there was a tearful message on my voicemail to say she had run off as soon as the cannons were fired in the park to practise for a forthcoming royal birthday celebration. I went straight back out with a friend to drive round where I could in Hyde park to no avail. I then spent a truly horrendous night worrying about where she might be and what was happening to her. I worried that she was miserable, cold, wet and frightened; then, worse, that she was being teased and tortured by a gang of youths who had found her somewhere. I did not sleep a wink.

Eventually, late the next afternoon, my friend rang to say that she had been found. I will not go into the complicated story—believe me, it is quite complicated—but it seems that a family who had found her and rather wanted to keep her had decided to take her for a check-over at their local vet who also happened to be Tuppence’s local vet. He said, “Ah, you’ve brought Tuppence Bray in. We’ve been looking for her.” I was lucky, as was Tuppence, but the point I wanted to make was that the agony of not knowing was truly awful and there would have been a point when I would rather have been told that she had been found dead than never to know at all what happened to her. That would have stayed with me and continued to haunt me.

It must be borne in mind that those who choose to share our family life with a pet are making a pretty big investment. Obviously, there is the financial cost of food, heating, vet fees and perhaps insurance, but there is also a major emotional investment for most of us, too, just as there is in all family members. I always assumed that that investment was properly recognised, which is why it has always been considered incumbent on organisations such as the Highways Agency to do the decent thing and report a pet’s death to its owner, wherever possible. Not to do so is not only a poor indication of the attitude of officialdom towards us all, but it smacks of carelessness and diminishes the quality of service that we should be able to rely on. Moreover, we should not forget that there is already a legal obligation on us all, as citizens: if we unfortunately kill a dog on the road, we should report that to the police so that they can inform the owner where identification is possible. We must not loosen that requirement—often traumatic but, nevertheless, essential—on ourselves either. We must all play our part.

There is even less excuse now for failing to inform owners than there has been in the past. As many hon. Members have said, we are all being encouraged, and in some cases required, to take advantage of technology and to microchip our pets—certainly our dogs—so that they and their owners can be more readily identified. I thoroughly support that, but when we are using modern technology to make identification easier, it would seem strange to decide that we cannot be bothered to use it for the most basic civility. We most certainly should expect publicly funded agencies such as the police and the Highways Agency to do what is right.

Some people regard us animal lovers as a bit strange, and doubtless some people do go a bit overboard about their beloved pets. I have always believed, however, that the ability to love animals, empathise with them and give them a happy and secure life is an important part of building our kinder, gentler nature. That should be respected, as should all our other relationships. When our pets are tragically killed on our roads, our agencies—in this instance, the Highways Agency—absolutely should show proper respect by having the decency to inform us. There should be no avoiding that, if identification can be made. I can hardly believe that there should be attempts to wriggle out of that public duty, but if there are, I would support making it a legal obligation.

--- Later in debate ---

[Richard Burden]

I will try to think of a witty response to that, but for the moment it is failing me.

It is really important that hon. Members have spoken up on behalf of not only the human race’s best friends, but pet owners. As the debate has shown, the public care deeply about pets and are concerned about their well-being. I understand that about 9 million households in the UK own a dog, and the House certainly has a responsibility to be concerned for the well-being of all those dogs, as we do for animal welfare more generally. My hon. Friend the Member for Garston and Halewood (Maria Eagle) recently set out Labour’s intent to lead the way on animal welfare with six important commitments, from ending the badger cull to reviewing the rules on the breeding and selling of dogs and cats. It is with that last commitment in mind that the Opposition approach this debate, which has rightly included important and passionate contributions from Members from all parts of the House.

The Minister has already been asked a number of questions by hon. Members. I hope that he will be able to answer them; we are all looking forward to hearing his response. I may add a couple of questions myself. We have heard about Harvey’s sad death and the 13 weeks of suffering endured by his owners, Judith Devine and Shaun Robertson, because the Highways Agency guidance, as set out in the network management manual, just was not followed. I remind hon. Members that that guidance was published in 2009, and it sets out procedures for a number of Highways Agency area maintenance contractors when animals are found on the roads. It specifies that identification information must be collected and a search made for a collar and disc, and that owners must be notified as soon as possible. Where no collar or disc is found, the entire body of the animal must be scanned for microchips and ears checked for tattoos, and the appropriate authorities must be notified, whether that be the police or the local authority dog warden. If none of this information can be found but the animal is clearly a dog, it will be kept and as much information as possible must be passed on to the local police or dog warden.

This guidance just could not have been followed in Harvey’s case, and we have heard of other cases where it has not been followed. In 2013-14, 189 dogs and 213 cats were reported dead on the Highways Agency network. The Harvey’s Army campaign has told us in its e-mails and other approaches that numerous pets were killed on the roadside and disposed of without their owners being informed; we have also heard examples of that today.

Judith and Shaun wrote to the shadow transport team about this issue last year, and we raised a number of parliamentary questions that clearly showed that there is no standardised procedure for identifying, recording and managing animal fatalities on the road network.

We believe that people who have had their dog microchipped deserve to be treated with consideration and respect. It is also important that there is consistency across the Highways Agency, its contractors, local authorities and the police in how canine fatalities are handled, to ensure that both animals and their owners are treated with the respect they deserve. The point about the importance of a joined-up approach was made forcefully by my hon. Friend the Member for Denton and Reddish (Andrew Gwynne). Against that background, I was pleased to see in yesterday’s press that the Minister will agree with that point today. I hope that if new guidance is issued, it will provide pet owners with confidence that a consistent procedure will be followed. What we have seen and heard today is that that is not the case at the moment. However, there is another problem; the Government’s decision to scrap mandatory procedures for animal identification in maintenance and management contracts for the strategic road network is part of the picture.

I understand that the Highways Agency has been awarding these new contracts, which do not have a mandatory scanning policy, as a result of decisions made in 2010. The Highways Agency has denied that the change in contract had any part in the failure to identify Harvey, and says that contractors “may” still continue to scan for a chip when an animal is found and would

“attempt to reunite the owner with the animal whenever possible”.

However, that just does not ring true. If procedures are made voluntary, rather than mandatory, of course it is less likely that they will be followed. Even if they are followed in a number of cases, the frequency with which they are followed will decline. I hope that the Minister can tell us today why the decision to remove mandatory scanning was taken, who called for it and what the rationale behind it was. Also, if that decision was about saving money, how much money is it estimated to save?

[Sir Tony Cunningham]

Talking about savings, perhaps if the Highways Agency stopped putting up big signs along all the roads of Britain saying “Highways Agency”, it could afford to implement Harvey’s law.

[Richard Burden]

My hon. Friend makes a good point. All I would say in response now is: please do not get me started on broader issues concerning the Highways Agency. The Minister and I had numerous discussions about the Highways Agency during consideration of the Infrastructure Bill recently, and I fear that I would be stretching your patience too far, Mr Rosindell, if I got on to some of those points now.

On the issue of compulsory microchipping, the Highways Agency states that scanning “may” still occur. Presumably, most contractors will have the necessary equipment; if such scanning “may” still occur, the assumption must be that most of them have the equipment required. Surely, therefore, the duty cannot be particularly burdensome.

The decision to end mandatory scanning seems even more misguided given that the Government have just passed regulations that will require all dog owners to microchip their dog by April 2016. The Government have said that microchipping is a welfare measure that will increase traceability and allow lost dogs to be reunited with their owners more quickly—and amen to that. However, that will not necessarily happen if the procedures that authorities are meant to follow in order to identify pets and inform their owners are being watered down at the same time. It just is not right that the Government are introducing obligations on dog owners but removing them from their own agencies, or indeed their own companies, given that the Highways Agency, as a result of the Infrastructure Bill, has recently become a Government-owned company called Highways England.

As the British Veterinary Association has said:

“Responsible owners who have had their dogs microchipped and kept their details up to date should have a reasonable expectation that steps will be taken by the authorities to contact them if their dog is lost, injured or, sadly, found dead. As the UK moves towards compulsory microchipping of all dogs, the Government should be taking the opportunity to espouse the benefits of microchipping rather than eroding them.”

The Opposition agree with that, and we support mandatory identification procedures for the Highways Agency to follow.

Harvey’s law proposes a simple solution: that the procedures for scanning, identification and recording set out in the Highways Agency’s network management manual be not only kept in place but strengthened by legislation. Many others, such as the Dogs Trust, support that obligation too, and are calling for mandatory scanning of dogs on the roads and railways. However, we are rather confused about what the Government’s policy is in this regard, and I hope that the Minister will clear that up when responding to the debate.

I understand that, previously, the stated position was that the Government had no plans to enforce mandatory scanning through legislation, but from yesterday’s press we understand that the Minister has asked the Highways Agency to review the scanning policy. Likewise, the Highways Agency recently stated that it is currently assessing the

“potential merits of amending contracts”

to include mandatory identification, recording and notification for owners. I think everybody here today could identify the benefits pretty quickly; we would not need a big review to do that. They are: rapid identification; less distress to owners; and quicker reunification of dogs and owners.

We need a bit more clarity on these reviews and assessments to ensure that the issue is being taken seriously quickly in the Department for Transport. I hope that today the Minister will provide us with more details of what these reviews will consist of; what their terms of reference are; when conclusions are expected; and when a decision is expected on the basis of those conclusions.

Although I like the Minister a great deal, so far we have had a jumble of different statements from the Government and the Highways Agency, and that has not given Harvey’s Army, or the millions of other dog owners in the UK, the confidence they need and deserve that the pets they will have an obligation to microchip will be treated with the consideration, compassion and respect that they are calling for. Sadly, it just seems to be another indication of muddle.

From Labour’s point of view, getting this sorted out is part of the same approach to animal welfare that underlines our position on the badger cull, and our wish not to see the ban on hunting with dogs watered down or removed. As my right hon. Friend the Member for Doncaster North (Edward Miliband) has said:

“Our Labour values tell us that we have a moral duty to treat the animals we share our planet with in a humane and compassionate way.”

That is why Labour has committed to ensuring that it is mandatory for the Highways Agency to carry out these identification procedures. As my hon. Friend the Member for Barnsley East (Michael Dugher), the shadow Transport Secretary, has said, these are simple procedures but they make a big difference to people. We do not think that mandating Government agencies and authorities to follow these procedures—making it compulsory—is too much to ask. That should be done quickly. I hope that the Minister agrees with me. I look forward to his response.