All 7 contributions to the Animal Welfare (Service Animals) Act 2019

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Fri 6th Jul 2018
Business without Debate
Commons Chamber

2nd reading: House of Commons
Fri 8th Feb 2019
Animal Welfare (Service Animals) Bill
Commons Chamber

3rd reading: House of Commons & Report stage: House of Commons
Mon 11th Feb 2019
Animal Welfare (Service Animals) Bill
Lords Chamber

1st reading (Hansard): House of Lords
Fri 1st Mar 2019
Animal Welfare (Service Animals) Bill
Lords Chamber

2nd reading (Hansard): House of Lords
Tue 19th Mar 2019
Animal Welfare (Service Animals) Bill
Lords Chamber

Order of Commitment discharged (Hansard): House of Lords
Tue 2nd Apr 2019
Animal Welfare (Service Animals) Bill
Lords Chamber

3rd reading (Hansard): House of Lords
Mon 8th Apr 2019
Royal Assent
Lords Chamber

Royal Assent (Hansard) & Royal Assent (Hansard)

Business without Debate

2nd reading: House of Commons
Friday 6th July 2018

(6 years, 5 months ago)

Commons Chamber
Read Full debate Animal Welfare (Service Animals) Act 2019 Read Hansard Text
Legalisation of Cannabis (Medicinal Purposes) Bill
Motion made, That the Bill be now read a Second time.
None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Local Health Scrutiny Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Emergency Response Drivers (Protections) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 23 November.

Prisons (Substance Testing) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October

Homelessness (End of Life Care) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

European Union Withdrawal Agreement (Public Vote) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Supervised Drug Consumption Facilities Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Holocaust (Return of Cultural Objects) (Amendment) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

June Bank Holiday (Creation) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

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Business of the House Commission Bill

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None Portrait Hon. Members
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HOSPITAL (PARKING CHARGES AND BUSINESS RATES) BILL

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None Portrait Hon. Members
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Object.

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Voter Registration (No. 2) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Public Sector Exit Payments (Limitation) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Freedom of Information (Extension) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Postal Voting Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Tyres (Buses and Coaches) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

National Health Service (Co-Funding and Co-Payment) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Local Authorities (Borrowing and Investment) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Principal Local Authorities (Grounds for Abolition) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Coastal Path (Definition) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
- Hansard -

Object.

Bill to be read a Second time on Friday 26 October.

Judicial Appointments and Retirements (Age Limits) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

BBC Licence Fee (Civil Penalty) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

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International Development Assistance (Definition) Bill

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None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Benefits and Public Services (Restriction) Bill

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None Portrait Hon. Members
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Bill to be read a Second time on Friday 26 October.

Electronic Cigarettes (Regulation) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Kew Gardens (Leases) (No. 2) Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Rivers Authorities and Land Drainage Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Wild Animals in Circuses Bill

Motion made, That the Bill be now read a Second time.

None Portrait Hon. Members
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Object.

Bill to be read a Second time on Friday 26 October.

Forensic Science Regulator Bill

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None Portrait Hon. Members
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Animal Welfare (Service Animals) Bill



Bill read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

Lindsay Hoyle Portrait Mr Deputy Speaker (Sir Lindsay Hoyle)
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Congratulations, Sir Oliver.

Animal Welfare (Service Animals) Bill

3rd reading: House of Commons & Report stage: House of Commons
Friday 8th February 2019

(5 years, 10 months ago)

Commons Chamber
Read Full debate Animal Welfare (Service Animals) Act 2019 Read Hansard Text Read Debate Ministerial Extracts
Bill, not amended in the Public Bill Committee, considered.
Third Reading
09:34
Oliver Heald Portrait Sir Oliver Heald (North East Hertfordshire) (Con)
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I beg to move, That the Bill be now read the Third time.

I wish to thank Members who co-sponsored this Bill, those who were selected for the Committee and all the other Members and supporters, such as the hon. Member for Halifax (Holly Lynch) who has been very supportive but who is currently on maternity duty. They have been great supporters of this small but important change in the law, popularly known as Finn’s law. I also thank all those who have campaigned for this measure, including PC Dave Wardell, Sarah Dixon of the Finn’s law campaign, many animal charities, the media, including the “Today” programme, The Sun and the Daily Mirror, all police and crime commissioners, including David Lloyd from Hertfordshire, and mayors such as Andy Burnham. I am grateful to the Administration Committee for agreeing that Finn could attend the various stages of the Bill accompanied by PC Wardell and Sarah Dixon. I thank my Whip, my hon. Friend the Member for Castle Point (Rebecca Harris), who has championed the Bill and helped me a great deal with this. I also thank you, Mr Speaker, for your advice early on in the proceedings when you told me to keep persisting and perhaps I would get there, and it looks as though I may, so thank you very much.

This Bill, which received a Second Reading on 6 July last year and passed Committee on 16 January, arises from events that I explained to the House in my ten-minute rule Bill application on 5 December 2017. My constituent PC Dave Wardell is a police dog handler from Buntingford in my constituency where he lives with his family and Finn, now a retired police dog. On Wednesday 5 October 2016, PC Wardell and Finn were on duty in Stevenage when a robbery suspect ran off and they followed. The suspect was found hiding in a garden when a light came on. PC Wardell called, “Stop! Police!” but the suspect started to jump up a fence. Finn took hold of his lower leg to restrain him. The man lunged at Finn with a 10-inch bladed hunting knife and stabbed him right through the chest several times. He then turned his attention to PC Wardell. Finn intervened to save PC Wardell as the blade was aimed at his face. Finn put himself in the way to save the officer, and PC Wardell received a hand wound, but the dog received serious head wounds as well as the chest injuries. PC Wardell believes that Finn saved his life.

As other officers arrived, the suspect was apprehended. Finn was badly injured, bleeding and was taken to the vet and then on to a specialist vet. He was in a terrible shape with his lungs punctured in four places and yet he was licking his handler’s hand wound. Finn had a four-hour operation to save his life. The vet commented on his strength and bravery. PC Wardell slept downstairs with Finn for the next four weeks, and I think we are all pleased that Finn made a remarkable recovery. After 11 weeks, he was ready to go back to work with PC Wardell. On his first shift, on 22 December 2016, they arrested a fleeing suspect on their first outing.

Finn is one of the most successful police dogs that Hertfordshire police has known. He has won national recognition for his bravery: Action Animal of the Year; Hero Animal of the Year; and the PDSA gold medal, which is known as the animals’ George Cross. However, when it came to charging the offender, it became clear that there is a problem with the law. For the assault on the officer, it was a straightforward offence of assault occasioning actual bodily harm, but there were two potential charges for the injuries to Finn himself—either causing “unnecessary suffering” to an animal under section 4 of the Animal Welfare Act 2006, or section 1 of the Criminal Damage Act 1971. Neither offence properly provides for the criminality involved in the attack on Finn. In the event, an offence of criminal damage was brought, but this treated Finn as though he were simply a piece of police property that had been damaged—a bit like a police radio or something of that sort.

Theresa Villiers Portrait Theresa Villiers (Chipping Barnet) (Con)
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May I thank My right hon. and learned Friend for his persistence in introducing this Bill and say how strongly I support it? He is making the compelling case that treating these animals in the criminal justice system as items of property is entirely unjust, and it does not reflect their bravery and service.

Oliver Heald Portrait Sir Oliver Heald
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I entirely agree with my right hon. Friend my right hon. Friend the Minister for Policing and the Fire Service, who was here a moment ago, told me that he thought it was unpalatable to think of police animals as equipment. In addition, the penalty for criminal damage is largely determined by the value of the property that is damaged, and a seven-year-old police dog who is close to retirement is simply not worth much money. And so it proved at court, where no separate penalty was imposed on Finn’s attacker for the attack on Finn.

The offence under section 4 of the Animal Welfare Act is potentially a better route, but there are two problems with it. First, the maximum penalty is only six months’ imprisonment. After a consultation, happily the Government have committed to increasing that to five years, and that has been widely welcomed. I pay tribute to the campaigners who have pressed for that, including Battersea Dogs and Cats Home, which is also a strong supporter of this measure. The Government’s commitment to a maximum penalty of five years clearly represents a great improvement.

Secondly, there is a difficulty with the application of section 4(3)(c)(ii) of the Animal Welfare Act, which sets out that various factors must be taken into account in deciding whether the infliction of suffering on an animal can be considered unnecessary—those factors include the protection of a person or property—and currently contains no reference to the role of service animals. Clearly, the mission of a service animal is to restrain a suspect or to use its physical presence to support the actions of an officer in accordance with his or her duty, but there is no reference to that in the Act. We have heard from police dog handlers, prosecutors and all the police and crime commissioners in the country that there is concern that the provision allows defendants to argue that they are justified in applying force against a service animal in self-defence, rendering the force necessary. That has apparently been an issue in deciding not to prosecute for the offence under the Animal Welfare Act.

Lord Spellar Portrait John Spellar (Warley) (Lab)
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I thank the right hon. and learned Gentleman—on this occasion, I will call him my right hon. and learned Friend—for the doggedness with which he has pursued this Bill, and I thank those who have campaigned outside. It is unfortunate that the campaign has been necessary. Surely we should be protecting those who protect us. In this instance, we are talking about police dogs, but the same should apply to uniformed staff and the blue-light services. We should treat attacks on them and attacks on service animals as aggravating circumstances, and the CPS should get that message loud and clear.

Oliver Heald Portrait Sir Oliver Heald
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I certainly agree with my friend the right hon. Gentleman. He is right that such attacks are really attacks on those who keep us safe, and it is a pity if that is not adequately recognised in law. I pay tribute to him; in his support for the measure, he has been like an old dog with a bone—[Interruption.] I will not repeat the sedentary comment that has just been made.

I thank Ministers in the Department for Environment, Food and Rural Affairs, particularly Lord Gardiner; my right hon. Friend the Secretary of State; My hon. Friend the Minister for Agriculture, Fisheries and Food, who is the Minister today and who was supportive at an earlier stage; and the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley), who dealt with the Bill in Committee. They have discussed the matter with me at length, and now they are supporting the Bill, which is the outcome of discussions. The Bill follows the example of the Australian Animal Welfare Act, which makes similar provision for service animals. This approach is becoming the norm in advanced countries, and that is good to see.

Clause 1 provides that the consideration in section 4(3)(c)(ii) of the Animal Welfare Act 2006 should be disregarded if the animal was under the control of a relevant officer at the time and was being used by that officer in the course of the officer’s duties, in a way that was reasonable in all the circumstances. A relevant officer is defined as a police constable or a person such as a prison officer who has the powers of a constable, or persons in analogous positions. Clause 2 makes provision for commencement in the normal way. The measure applies to England and Wales, but it is fair to mention that a campaign for Finn’s law to apply in Scotland is gaining ground, and the same is true in Northern Ireland. My hope is that this will become the law across the United Kingdom.

Taken together with the Government’s increase in the animal welfare penalty, this change in the law will mean that for the first time there is suitable protection for service animals and a proper sentence for offenders. Service animals such as Finn do a great job, and there are 1,200 police dogs in service at any time. There should be proper recognition in law of their vital role, and I commend the Bill to the House.

09:45
Victoria Prentis Portrait Victoria Prentis (Banbury) (Con)
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I was not expecting to be called to speak so soon, so it falls to me to say what an enormous debt of gratitude this House owes to Finn—I understand that he is not here at the moment, but he will be later—[Interruption.] Oh, Finn is here. Super! I look forward to meeting him later. Look, he is standing up, so we can see him—marvellous! I am sorry that those on the Opposition Benches probably cannot quite see him, but I hope that you can, Mr Speaker.

As I think we will hear from Members from all corners of the House, we owe an enormous debt of gratitude to Finn, to PC Dave Wardell and to my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald). The Bill has not had an easy passage through this House, and I fail to see how someone without my right hon. and learned Friend’s many years of experience in a wide range of judicial and barristerial posts could have got it this far. Many congratulations to him.

It is a genuine honour to speak in support of the Bill. I am sure we all agree that service animals, from the police to the prison service, do a very important job. There are 1,200 police dogs in service, and more often than not their role is to help in unpredictable and very dangerous situations. Between April 2017 and March 2018, they were used in nearly 2,000 incidents, including 557 occasions when the suspect had a weapon. In just 99 of those incidents, the suspect escaped. I suspect that that is rather better than the statistics for humans who try to apprehend suspects.

As we know from the case of PC Dave Wardell and Finn, however, the result is not always a happy one for the dogs in the line of duty. Finn is just one of hundreds of dogs to sustain an injury while they are doing their jobs. My own local neighbourhood inspector in Cherwell, John Batty, told me about an incident that he witnessed. He says:

“I will always remember an incident in Slough when I was on firearms a number of years ago. A suspect made off from us and the dog, Tyke”—

he is, perhaps, not known to Finn—

“was released to catch him. The suspect had a knife on him and he stabbed Tyke causing him to lose an eye and although he eventually recovered he had to be retired. It was very traumatic, especially for the dog handler, so anything we can do to evidence the need for such a law is well worth the effort.”

I could not agree more.

Today’s Bill brings in long-overdue changes to provide proper recognition in law of service animals’ vital role. Service animals are used widely across the prison service; police dogs are bred and trained to be brave, and, where necessary, aggressive; and sniffer dogs also have specific characteristics. Those characteristics may make life after service very difficult for such animals, and it is not always easy to rehome them. We know from well publicised cases that the retirement of military dogs can be difficult, and it may require sensitive handling. Now that we recognise that these dogs exist and we can talk about military service—at an earlier point in my career, we certainly were not permitted to do that—it is important that we talk about the needs of those dogs and their handlers. They really are a fourth or fifth emergency service. They play an essential part in keeping the brave men and women who protect us safer than they would otherwise be, and it is important that we recognise that.

I am glad to see the Minister here. I hope that he will remind us later of the Government’s commitment to increase the maximum penalty for animal welfare offences from six months to five years. My right hon. Friend the Prime Minister has spoken of her desire to make sure that the United Kingdom is a world leader in the care and protection of animals. This Bill takes us one step closer to achieving that aim. This Bill is for Finn, who is sitting very quietly in the Gallery; for Tyke, who I hope is still enjoying his retirement; and for all of our brave service animals.

09:50
James Cartlidge Portrait James Cartlidge (South Suffolk) (Con)
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I, too, pay great tribute to my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), who is the very embodiment of a sensible but compassionate Conservatism that is still, in my view, right at the heart of our party, and long may that be so. There is huge support for this measure. I have even had to bring my spectacles today to give it extra attention because of the huge importance that I attach to it. Apparently, the optics are very important these days.

There are two key things I want to talk about. First, there is the principle. I think that most of us were here when we had the Second Reading of the excellent Bill promoted by the hon. Member for Rhondda (Chris Bryant) to protect public servants and introduce stiffer penalties for assaults on them. In effect, the principle is the same. We are saying that where a police dog, for example, is there in the line of duty, that is not a normal procedure—it is something extra special. It is about an animal that is performing a task to protect us and to uphold public service. I very much welcome that principle.

I also want to give the local angle from Suffolk. We have had a very moving case not dissimilar to that of PC Wardell, to whom I pay tribute, up in the Gallery. It concerned a dog called Aman. During an incident in Ipswich in 2011, police dog Aman was stabbed as he attempted to stop an armed man who had stabbed a person after breaking into a home and trying to avoid capture. His handler, to whom I also pay tribute, was PC Steve Jay, who was also injured in the attack. Less than four weeks later, they were both back at work. So excellent was the performance and so vital the role played by Aman in effectively saving a life that in March 2012 he was given the police dog action and humanitarian action of the year award at Crufts—a very special award. In November 2011, the pair were together presented with a special recognition gong during the Stars of Suffolk awards.

Unfortunately, police dog Aman is no longer with us—he has passed on to a special place. However, I have this tribute from retiring Chief Constable Gareth Wilson, who has just retired as the chief constable of Suffolk:

“It’s probably timely to recognise the bravery of our police dogs following the recent death in retirement of one of our heroes, Police Dog Aman, they truly are a pleasure to watch working—well, unless you are a criminal running away from a crime scene, then it must be pretty frightening!

We often talk about the ‘police family’ and we naturally think about police officers, PCSOs, Specials and volunteers—but we also mustn’t forget our police dogs who play a key operational role and with their handlers provide a really important service to the force.”

That is an excellent tribute. In quoting it, I should pay my own tribute to the departing chief constable. Speaking as an MP, he has been an excellent support to us. He was with the Essex murder squad before he came to Suffolk, so he has a real, gritty background in frontline crime. I always found him to be approachable. He had strong views on policing. I pay tribute to him as he retires to a quieter life in Suffolk.

This is an excellent Bill that embodies a very noble principle of supporting those who protect us. We usually think of people but today it is about animals, and animals that are performing an incredible service day in, day out. I join other hon. Members in supporting the Bill.

09:54
Maggie Throup Portrait Maggie Throup (Erewash) (Con)
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It is a pleasure to follow my hon. Friend the Member for South Suffolk (James Cartlidge) in this Third Reading debate. I, too, congratulate my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) on getting the Bill to this stage. I supported his Bill when it was a ten-minute rule Bill, going back well over a year now, and it was a great pleasure to serve on the Bill Committee. I have been able to see his dogged determination to get the Bill to this stage.

The Animal Welfare (Service Animals) Bill, to give it its full title, is more commonly known as Finn’s law. It is great that Finn is here today. The Bill is a much needed reform to ensure that the perpetrators who injure animals in service get the sentence they truly deserve. I was honoured to meet Finn and his handler, PC Dave Wardell, when they came to Parliament during the Committee stage of the Bill. From my childhood, I have had a fear of Alsatians and German Shepherds, so it took quite a lot of courage for me to go up to meet Finn when he was in New Palace Yard, but he was so docile and loved being made a fuss of. However, I was assured by PC Wardell that if he gave the command, the dog would have become a very, very different dog. Luckily, he did not need to give that command, so we were all safe, but we did not get to see a police dog in true action, which I know is quite spectacular. Police dogs are trained meticulously, and that is so important. They are really, really skilled animals. Just as we respect people with skills, from a human point of view, we also need to respect animals with such skills. I commend all police dogs and their handlers for those skills.

This new piece of legislation could so easily have been called Axle’s law. Police dog Axle, better known as PD Axle, is another police dog that was almost killed when he was stabbed three times in nearby Amber Valley in Derbyshire. The attacker had tried to attack a police officer while avoiding arrest earlier that day. After stabbing Axle, he threatened another police officer with a knife. I am sure that all Members will be pleased to learn that PD Axle has recovered from emergency treatment and is now back on duty. Everybody was really pleased to see that. Axle received very many good-will messages. There were posts on social media and requests to know where to send goody bags with doggy treats. Axle became quite a celebrity, just as Finn has. He has perhaps put on a few pounds from eating all the doggy treats as he was recovering.

This Bill is much needed to protect our heroic service animals and to ensure that all those who harm these wonderful animals get a sentence they really deserve. I am delighted to support it today.

09:57
Trudy Harrison Portrait Trudy Harrison (Copeland) (Con)
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I commend the relentless efforts of PC Dave Wardell, my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) and the entire Finn’s law team for their efforts with this Bill. As my right hon. and learned Friend said, the Bill has incredible support, and it is so obvious why when one reads Finn’s story. It is not only about the tragic event itself but everything that followed—the agonising wait during Finn’s four hours of surgery, his 11-week recovery in which he was supported by PC Wardell’s loving family, and the wave of public support for a change in the law demonstrated by the online petition. It is an emotional account of remarkable bravery and the crucial role that service animals play in keeping us all safe. Their willingness to protect those on the frontline who protect us reinforces the need for this Bill.

The passage of this Bill would represent a lot more than a recognition of Finn’s and PC Wardell’s sacrifice. We have heard many accounts of why the Bill is needed. It would demonstrate that this House recognises the daily sacrifice that our service animals and their handlers make to protect our communities. The strong penalties that it can implement will act as a serious deterrent to those who think that they can get away with harming our police dogs. Given that at any one time there are over 1,200 police dogs in service, it is right that the whole House recognises that these animals protect us every single day.

I saw this for myself when I undertook a night shift with our local police constabulary, Whitehaven, in Cumbria, over mad Friday, one of the busiest nights of the year. I had the opportunity to meet Jamie, our dog handler, who talked about some of the scenarios in which his dogs were used, which really brought home to me the terrifying experiences a dog handler has to go through. He gave the example of having had to chase his dog as it was chasing a potential criminal and then having to face this criminal in a dark wood as they turned on him with a knife. It was his dog that used its initiative and protected its dog handler. That really brings home how necessary police dogs are in our forces and how we must protect them.

I am pleased to see the implementation of suitable protections in the Bill. The service animal must meet the following requirements: it must be

“under the control of a relevant officer”;

it should be being used by an officer in the course of their duties; and it must be used

“in a way that was reasonable in all the circumstances”.

Those amendments prevent misuse of the statute and allow for a pragmatic solution.

As my right hon. and learned Friend stated, the Government are committed to the very highest standards of animal welfare, and the Prime Minister has set out that we will make the United Kingdom a world leader in the care and protection of animals. I am encouraged that the Government will ensure that any changes required to UK law are made in a rigorous and comprehensive way to ensure that animal sentience is recognised after we leave the EU.

In conclusion, I commend once again the hard work of all those involved in bringing the Bill forward, and I look forward to its progressing through the House.

10:01
Kevin Foster Portrait Kevin Foster (Torbay) (Con)
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I will keep my remarks fairly short, in the spirit of the debate, and given my keenness to see the Bill progress through the House today. I welcome the fact that it has made the progress that it has, and I congratulate my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) on all the work he has done to bring it to Third Reading from where it will—hopefully, soon—head to the other place and pass through there as well. It is particularly welcome that the Bill follows the work done on the private Member’s Bill to protect emergency service workers. We are now looking to bring in this Bill to provide more appropriate sentences for those who attack service animals.

To be clear, this is not about attacking a piece of equipment; it is not like smashing a window or damaging a desk—this is about attacking a living creature. It is not much of a step up from using violence against a police dog to using violence against a police officer. Therefore, it is right that the courts have more appropriate sentencing penalties available to them when dealing with people who commit the type of offence that was committed against Finn, who, as other Members have said, is with us in the Public Gallery today.

As Members will know, I am a strong fan of animal welfare legislation, having introduced some of my own Bills. Sadly, they did not get through, but, thankfully, the ideas in them have been picked up by the Government to strengthen the penalties available to our courts against those who abuse animals. I am clear that the mindset that would justify stabbing a police dog in the way that Finn was stabbed could just as easily justify using violence against a human being. Therefore, it is absolutely right that we pass this Bill to give our courts the powers they need to sentence much more appropriately and to make it clear that a service animal is different from just any piece of equipment: it feels pain; it is sentient; and it can express its own emotions. This is not like a truncheon or a light being broken, so it is absolutely welcome that the Bill will soon progress through the House and become law.

I am keen for us to make progress today and, therefore, before I resume my seat, I will just say that I very much hope that all Members—I suspect there will be cross-party consensus—

Kevin Foster Portrait Kevin Foster
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I see my friend on the Opposition Front Bench nodding. I hope the Bill will receive support from all Members present and will soon be, not just a Bill before this House, but an Act of Parliament.

10:04
Neil O'Brien Portrait Neil O’Brien (Harborough) (Con)
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I, too, congratulate my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) on a very important piece of legislation. It is brilliant that Finn is here—I would say “in person”, but I should really say “in dog” I suppose. I also congratulate PC Dave Wardell and everyone who has brought forward this Bill, on all their hard work and indeed on their service to this country.

The Bill is clearly needed; there is a clear deficiency in the law. Dogs, as my hon. Friend the Member for Torbay (Kevin Foster) pointed out, are not just property; they are hugely sentient beings. The dog my parents-in-law have tends to whimper or cry whenever I set off back to Westminster; I do not know whether that is a comment on the state of Westminster at the moment, but it is clear proof that dogs are hugely sentient and indeed emotional beings.

The Bill is a wonderful natural complement to the private Member’s Bill put through by the hon. Member for Rhondda (Chris Bryant), which aimed to protect those who protect us and to increase sentences for people who attack police officers in the line of duty. This Bill naturally builds on that and protects police animals, too. The sort of person who is prepared to stab a dog with a 10-inch blade is clearly incredibly dangerous.

Research shows that such incidents are not as rare as we might think. Of the 1,920 incidents in which a police dog was deployed over the last year, 557 have involved a suspect armed with a weapon. The terrifying scenario that my right hon. and learned Friend the Member for North East Hertfordshire set out is therefore not rare. That is why this piece of legislation is so necessary. Of course, it also builds on some other good things that are happening at the moment: the ban on puppy smuggling; the ban on third-party and black market sales of puppies and kittens; and the ban on electric-shock dog collars that is coming in.

Without wishing to be the dog in the manger in the debate, I do think it is important to at least draw attention to the safeguards. My right hon. and learned Friend is a great legal brain, and I am reassured that the safeguards in the Bill are important. Sadly, a constituent was bitten by a police dog at a Leicester City match. It was a really terrifying incident, and he was bitten for about 90 seconds; indeed, the handler of the dog was also bitten. However, the safeguards in the Bill about the dog being used in a reasonable way in the line of duty make clear the difference between self-defence and a criminal attacking a police dog.

Oliver Heald Portrait Sir Oliver Heald
- Hansard - - - Excerpts

When I was drafting the Bill, I looked at what has happened in other countries. Australia has a similar provision to that which I am proposing, and it has worked in practice. That is why those safeguards are there.

Neil O'Brien Portrait Neil O’Brien
- Hansard - - - Excerpts

I thank my right hon. and learned Friend, who is very knowledgeable. I am not surprised to be reassured that he has thought through all the implications in full.

This is a hugely important piece of legislation. I congratulate my right hon. and learned Friend on steering it through the House, and I hope we will pass it today to protect the police animals that protect us.

10:07
Gillian Keegan Portrait Gillian Keegan (Chichester) (Con)
- Hansard - - - Excerpts

It is a pleasure to follow my hon. Friend the Member for Harborough (Neil O’Brien). Like everybody else here, I congratulate my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald). I also welcome Finn and his handler and supporters up in the Public Gallery.

It is safe to say that our relationships with animals have stood the test of time, and none more so than that with man’s best friend. Dogs, in particular, have become an important part of the police in the post-war period. It is thought that the first ever police dog was used in 1859, when a bloodhound helped Luton police track down a murderer. Today, dogs are used in maintaining law and order, fighting the war on drugs and supporting counter-terrorism operations.

These intelligent and dedicated animals have demonstrated time and again that there is nothing they will not do for their handlers. Finn’s story shone a light on that. We have heard how Finn, even having been stabbed in the chest with a 10-inch blade, still intervened to save his handler, PC Wardell. That is an amazing story, and it gives us such faith and hope that there are dogs such as this on our streets to protect us.

Trudy Harrison Portrait Trudy Harrison
- Hansard - - - Excerpts

Does my hon. Friend also recognise that police dogs are incredibly capable at what they do, with a really remarkable success record? Just 5% of the 1,920 incidents mentioned resulted in a suspect escaping. That is just to reiterate how effective police dogs are in their work.

Gillian Keegan Portrait Gillian Keegan
- Hansard - - - Excerpts

Absolutely. I totally agree with my hon. Friend. The value of dogs in the force is clear. As she says, in 95% of deployments involving dogs the suspects are apprehended.

In Sussex, our police force utilises dogs in tackling a range of criminal activity every day. Recently, when Sussex police attempted to stop a car, a brief chase ended with the suspect vehicle crashing into a roundabout and all three passengers fleeing the scene. Police dog Isla was sent after the driver first, and once the dog was spotted the chase ended rather quickly. Isla then started a fresh pursuit for the first passenger. She was found sitting in front of the suspect barking continuously, as she was trained to do, until her handler back-up arrived. However, two out of three was not enough, and police dog Isla then led her handler 300 metres down the road, where she located the third and final suspect. All three were arrested for the theft of a vehicle.

As well as Isla, in the past few months police dogs Sparky, Lottie, Gonzo, Jack and Bobby have all contributed to arrests in my constituency. The great thing about this Bill is that it has given all of us the opportunity to go and meet our police handlers and the dogs, as well as to learn all about their incredible work. The police handlers told me that the dogs are frequently beaten and kicked on duty when assisting in an arrest or working to control crowds.

It is the bravery of a serving dog that has led to this debate, but it is also worth highlighting the important role that our mounted units play. This Bill will of course protect all service animals, including many of the horses we see in mounted units. I have had the experience of watching police horses actually break up a huge crowd of people in my home town of Liverpool.

Finn’s story and others highlighted in this debate show how vital these service animals are to the police—they tackle crime on our streets every day, and they keep their handlers and the public safe—so it is simply wrong not to have the protections in place that they need. I am so pleased that this Bill will put in place all the protections that they deserve:

“You can judge a man’s true character by the way he treats his fellow animals.”

10:11
Luke Pollard Portrait Luke Pollard (Plymouth, Sutton and Devonport) (Lab/Co-op)
- Hansard - - - Excerpts

I particularly thank the right hon. and learned Member for North East Hertfordshire (Sir Oliver Heald) for bringing forward this Bill and for his persistence in championing the cause of police dogs for so long. As in the previous stages, the Opposition will fully support this Bill as it corrects a crucial imbalance in animal welfare. Service animals are sentient beings that bravely and loyally serve the public. The law should recognise them as such and give them the protections that they deserve.

I join hon. Members in paying tribute to the brave police dog Finn. Opposition Members could not quite see him when he made his tour de force in the Public Gallery, but we look forward to being invited to the Government Whip’s Office for a photo later. This is not something that normally happens to Opposition Members. [Interruption.] Ah, there he is—brilliant. I look forward to visiting the Whip’s Office to see Finn in person, and to say thank you to PC Dave Wardell and all those who have campaigned for Finn’s law.

As we have heard from the right hon. and learned Gentleman, Finn protected PC Wardell from an attack that might have cost him his life or at least given him serious injuries. Finn’s case was extreme but, sadly, not unusual for police dogs. Life is rough, so we are told, and police animals are routinely put in harm’s way to protect us in the name of the law. Surely the time has come for the law to protect them as well. Every service animal matters and this Bill, when implemented, will make that true for police dogs. Police dogs and police horses are valued public servants and, like Finn, can be real victims of violence and animal cruelty. The law must give them the protection they deserve.

I am sure many Members in this House are followers of Devon and Cornwall police dogs on Twitter—DC_PoliceDogs. Rightly, it is one of the most popular Twitter accounts in Plymouth and the far south-west. It is a reminder of the daily work that police dogs do not just in big cities, but in rural areas such as the far south-west. It is fantastic to see how they join up with other service animals, such as the Devon and Somerset fire and rescue service specialist search dogs. All of them deserve good protection.

Labour Members have been at the forefront of protecting animal welfare for many years. Indeed, we like to believe that we are the party of animal welfare. From bringing forward the landmark Hunting Act 2004 to protecting domestic animals under the Animal Welfare Act 2006, Labour has always placed the welfare of animals high on the policy agenda. At a European level, Labour secured better welfare standards for battery hens and chickens, and tightened the rules on the transport of live animals. It is a record that my party can rightly be proud of, but it is also a record that requires us to support—and ensure that we support—all those who are fighting for animal welfare. It is the reason why we are very pleased to support this Bill.

The right hon. and learned Gentleman rightly mentioned that animals are not property and should not be treated as such under the law. The current law is inadequate in that respect, and the omission of service animals from the protection of animal cruelty legislation needs to change. It is fantastic and overdue that this Bill creates a specific offence for those who seek to injure service animals. They deserve appropriate recognition for the vital role they fulfil.

Recourse to the Criminal Damage Act 1971 is not good enough, and in cases such as Finn’s, it has been shown that that approach simply does not work. Some 1,200 police dogs are protecting us at any time, and their protection must be made clear in law. Labour welcomes the Sentencing Council’s updated sentencing guidelines on animal cruelty, which now include a new aggravating factor of causing unnecessary suffering to an animal that is being used in public service or as an assistance dog.

In reality, however, we know that we need to go much further. The law as it stands is not a successful deterrent, and many people who work with service animals think it is failing to offer protection. The Animal Welfare Act was a watershed moment in animal rights, but we must continue to build on the progress that we achieved over a decade ago.

Oliver Heald Portrait Sir Oliver Heald
- Hansard - - - Excerpts

The hon. Gentleman may be aware that his right hon. Friend the Member for Exeter (Mr Bradshaw), who was the architect of the 2006 Act, is one of the Bill’s co-sponsors and agrees that this change is needed to improve that landmark piece of legislation.

Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

I thank the right hon. and learned Gentleman for that intervention, and it is good to see on the back of the Bill the list of luminaries who are backing it. I note that my right hon. Friend the Member for Exeter (Mr Bradshaw) is among those champions. Indeed, his work in supporting the welfare of animals is something that I think all of us on both sides of the House can be proud.

I am pleased that the Government have announced increased sentences for animal cruelty. That is an important step forward for which Labour has been arguing for some time. I would be grateful if the Minister told the House when he intends to bring forward legislation to put that into practice. Sadly, on every single day that goes by without that strong deterrent being put into law, examples of animal cruelty are being carried out across the country for which there are insufficient criminal penalties. I would be grateful to the Minister if he clarified the position.

Let me turn briefly to implementation. This really important Bill extends to England and Wales. As was said by the right hon. Member for Hemel Hempstead (Sir Mike Penning) on Second Reading, there is the question of how we can extend the Bill’s provisions to the entire United Kingdom, with devolved Administrations making the appropriate decisions for their locality, but may I ask in particular about Northern Ireland? Northern Ireland does not have a sitting Assembly at the moment, so the devolved legislature does not have the ability to take action. I would be grateful if the Minister outlined what discussions have taken place with the Northern Ireland Office about how these really important provisions can be extended to police dogs in Northern Ireland.

Oliver Heald Portrait Sir Oliver Heald
- Hansard - - - Excerpts

I am very eager that the law covers the whole United Kingdom. The position in Northern Ireland is slightly difficult because it has a different animal welfare law from the 2006 Act, which covers only England and Wales. When I looked into this with the House authorities, I found that it would be very difficult to amend my Bill to cover Northern Ireland, for example because the long title refers to the 2006 Act, which applies only to England and Wales. I was told that if I tried to amend the Bill to include Northern Ireland, I might lose it. However, this is clearly a very important thing to look at, and I am certainly supportive of doing something for Northern Ireland.

Luke Pollard Portrait Luke Pollard
- Hansard - - - Excerpts

As someone who grew up watching films of dogs travelling the country to protect their owners and rescue people, I know that where there is a will, there is a way. I hope that Ministers will take forward the belief that extending Finn’s law to cover all parts of the United Kingdom is a sensible and prudent way for us to make sure that police dogs, wherever they are serving, enjoy the same protection as they will in England and Wales under the Bill.

The concerns raised by the hon. Member for Harborough (Neil O’Brien) about safeguards are important, and we must also consider concerns about self-defence. I know that the right hon. and learned Member for North East Hertfordshire addressed such concerns in the Bill’s early stages, but as we close one loophole regarding cruelty towards police dogs, we must not risk opening another. That is especially important when considering the implementation of the Bill and how it will be judged by the courts, and we must send the strong message today that we do not seek to create new loopholes around self-defence, especially regarding the excessive use of force.

The Opposition fully support the Bill. Animals do not have a voice in politics, and it is our job to give them one. There will be people across the country who, over the past few months, might not have looked at the House of Commons and decided that it is politics at its best, but today they will see hon. Members on both sides of the House coming together in favour of something that carries the overwhelming support and good will of the British people.

I hope that the Bill will create headlines in the media today. It is up to us all to show that when considering important matters such as protecting animals from cruelty, we will close any loopholes in the law that enable the perpetrators of such cruel violence to get away with it. That is something of which the House can be rightly proud. It has never been more important to have an ambitious animal welfare agenda, and the Opposition fully support the Bill.

10:21
George Eustice Portrait The Minister for Agriculture, Fisheries and Food (George Eustice)
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I am delighted to speak in support of the Bill promoted by my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) and to follow the able contributions of so many other hon. Members, including my hon. Friends the Members for Banbury (Victoria Prentis), for South Suffolk (James Cartlidge), for Erewash (Maggie Throup), for Copeland (Trudy Harrison), for Harborough (Neil O’Brien), for Chichester (Gillian Keegan) and for Torbay (Kevin Foster). Each and every one of them made a great contribution, often citing specific issues in their constituencies.

I pay tribute to my right hon. and learned Friend the Member for North East Hertfordshire for championing the cause of our much-loved service animals and promoting this important Bill in recognition of the strong support among the public for Finn’s law. In particular, I congratulate him on his persistence. The original draft of the Bill would have created a completely new offence, and he will be aware that at the time—I think that I first discussed this issue with him about a year ago—the view of lawyers was that a new offence was unnecessary. However, I had tremendous sympathy for the cause that he advocated, and I was delighted to ensure that the Department for Environment, Food and Rural Affairs engaged with him to consider how his Bill could address this challenge. Together we came up with a sensible solution that is built on a model used elsewhere in the world, particularly in western Australia. It effectively removes an assailant’s ability to claim self-defence under the Animal Welfare Act 2006 in circumstances involving a service animal.

The Government recognise that service animals do invaluable work that can take them into dangerous situations, and the highest level of protection for such animals should be made clear in law. That is why the Government are supporting the Bill, which introduces what has become known as Finn’s law. I might add that it shows their characteristic commitment that both PC Wardell and Finn have followed each and every stage of the Bill’s passage through Parliament from the Public Gallery, and we are delighted to see them here today as well.

When the Bill becomes law, animals such as Finn will have more protection from unprovoked, callous attacks. That is because the Bill amends the Animal Welfare Act 2006, as it applies in England and Wales, to make it clear that someone’s ability to claim that they were acting in self-defence when they attacked a service animal shall be disregarded. No longer will someone be able to inflict suffering on our much-loved service animals—police dogs like Finn, police horses, or animals that support the prison service—and say that they were simply protecting themselves.

In supporting the Bill, we agree with my right hon. and learned Friend that using offences under section 4 of the 2006 Act to prosecute attacks on police and other support animals that cause unnecessary suffering could be made more difficult due to fact that the court must consider whether the defendant was acting in fear of harm. The Bill will make it easier successfully to prosecute people for causing animal cruelty by attacking a service animal. We are also taking separate steps to help to protect all animals under our care and protection—including our heroic service animals—by increasing the maximum penalty for animal cruelty from six months’ imprisonment to five years. The hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) asked when that measure will be introduced; it will be brought forward as soon as possible. As he noted, the House is often preoccupied with other issues at the moment, but the matter remains at the top of the Government’s agenda. It is a clear commitment, and we will bring forward that legislation as soon as possible.

Lord Spellar Portrait John Spellar
- Hansard - - - Excerpts

The Minister is pleading absence of parliamentary time, but did we not finish at about half-past two in the afternoon on Wednesday?

George Eustice Portrait George Eustice
- Hansard - - - Excerpts

The parliamentary agenda and timetable are somewhat unpredictable at the moment, but the point remains that we are committed to raising the maximum penalty for animal cruelty to five years’ imprisonment. Specifically, we will amend the maximum penalties set out in section 32(1) of the Animal Welfare Act 2006. That will cover cruelty caused by attacks on service animals, which is the second limb of the Finn’s law campaign.

As my right hon. and learned Friend pointed out, Finn was stabbed by an assailant in 2016 when he assisted his handler, PC Dave Wardell, in the apprehension of a suspected offender. Finn received serious injuries, but we are all thankful that he survived and was even able to return to duty, before later retiring and attending debates such as this. In August 2018, my right hon. Friend the Secretary of State had the pleasure of meeting Finn and PC Wardell at DEFRA’s offices. The Secretary of State stated clearly that

“every day service animals dedicate their lives to keeping us safe, and they deserve strong protections in law.”

That was why he undertook to continue working with my right hon. and learned Friend the Member for North East Hertfordshire in developing this law.

The Bill is concerned with the offences under section 4 of the Animal Welfare Act 2006, which relate to animal cruelty or, as the Act states, causing

“unnecessary suffering to an animal”.

When considering a prosecution for cruelty, the court must currently consider whether the defendant was acting in fear of harm. Relevant here is the list of considerations in section 4(3) that the court must consider, which include whether the suffering was caused for

“a legitimate purpose, such as....the purpose of protecting a person, property or another animal”.

In other words, the perpetrator of an attack on a service animal could use that provision to claim that they were acting to protect themselves. The Bill amends section 4 so that that consideration shall be disregarded with respect to incidents that involved unnecessary suffering inflicted on a service animal that was supporting an officer in the course of their duties. It will therefore be easier successfully to prosecute people for causing animal cruelty by attacking a service animal.

Clause 1 amends section 4 to allow the self-defence provision relating to animal cruelty to be disregarded if it concerns a service animal under the control of, and being used by, a relevant officer in the course of his or her duties in a way that was reasonable, and if the defendant was not the relevant officer in control of the service animal.

Lyn Brown Portrait Lyn Brown (West Ham) (Lab)
- Hansard - - - Excerpts

May I just say how delighted I am to be here this morning? I was the shadow Policing Minister during the first debate on Finn’s law, and I am so pleased that we are today passing this Bill, and that I am in the Chamber as well.

George Eustice Portrait George Eustice
- Hansard - - - Excerpts

I am grateful to the hon. Lady for making that point. I think that we are all delighted to be here today to pass such feel-good legislation, which we all support.

The provisions will apply to dogs and horses used by the police and to dogs used by prison officers—they tend not to use horses, unsurprisingly. Service animals are defined in the Bill by reference to the person who is in control of them. The Bill applies only to animals that are under the control of a relevant officer at the time of the attack. The definition of “relevant officer” covers a police constable, a person who has the powers of a police constable and a prison custody officer. The type of animal is not restricted either; it can include dogs and horses, or indeed any other animal in the service of a relevant officer.

Clause 1 also provides the Secretary of State with a power to amend by regulations under the affirmative procedure the definition of relevant officer, provided that the additional persons are in the public service of the Crown. That provides the flexibility to add additional officers in the public service of the Crown who might not have been considered at this stage.

The Bill also provides for situations in which a police or prison officer may be required to use restraint against their own service animal, for example, to protect themselves or a member of the public. It provides that new subsection (3A) will not apply in a section 4 prosecution where the defendant is a relevant officer.

Clause 2 provides for the extent, commencement and short title of the Bill, and sets out that the Act will come into force two months after it is passed, which is the normal time for the commencement of Bills following Royal Assent. It sets out that the Act will extend only to England and Wales, as does the Animal Welfare Act 2006, which it amends. The shadow Minister noted that Northern Ireland is not covered. As my right hon. and learned Friend pointed out, that is because the Animal Welfare Act 2006, which the Bill amends, extends only to England and Wales. I should point out that Scotland has its own animal welfare legislation, the Animal Health and Welfare (Scotland) Act 2006, and Northern Ireland has the Welfare of Animals Act (Northern Ireland) 2011, so they have the powers to make their own equivalent legislation, although I take the point about the absence of an Administration in Northern Ireland.

In conclusion, the Government have put animal welfare at the very top of our agenda. We are increasing the maximum sentence for animal cruelty from six months to five years. We have made CCTV mandatory in slaughterhouses. We propose to ban the use of electronic shock collars on pets, and third-party sales of puppies and kittens. We have also modernised animal welfare standards for dog breeding, pet sales and other licensed activities involving animals.

It was noted at the start of the debate that my right hon. and learned Friend the Member for North East Hertfordshire has been particularly dogged and persistent in championing this cause. I was very pleased to be able, as a DEFRA Minister, to bring forward the regulations that changed the licensing regime for puppy breeding, which is something I have championed since I was first elected in 2010. Today, let me underline the fact that attacks on service animals such as brave Finn will not be tolerated. That is why we support the Bill, which will provide additional protection for our service animals. We hope that it will now make a swift passage through the other place without amendment.

10:33
Oliver Heald Portrait Sir Oliver Heald
- Hansard - - - Excerpts

I thank all Members who have spoken today for their invaluable support, including my hon. Friends the Members for Banbury (Victoria Prentis), for South Suffolk (James Cartlidge), for Erewash (Maggie Throup), for Copeland (Trudy Harrison), for Torbay (Kevin Foster), for Harborough (Neil O'Brien) and for Chichester (Gillian Keegan), as well as the Minister and the shadow Minister. I also thank the Public Bill Office, which has been very helpful, particularly Adam Mellows-Facer, and the civil servants in DEFRA and other Departments who have helped with the Bill. I wish the Bill well in the other place and thank my noble Friend Lord Trenchard, who lives in my constituency—close to where Finn lives—for agreeing to take it through that House. We heard mention today of three brave police dogs—Aman, Isla and Axle—and I think that from Chichester we heard about Sparky, Lottie and Gonzo. In a way, the Bill is a tribute to all the brave service animals in our country. I hope that it can now proceed.

Question put and agreed to.

Bill accordingly read the Third time and passed.

Animal Welfare (Service Animals) Bill

1st reading (Hansard): House of Lords
Monday 11th February 2019

(5 years, 10 months ago)

Lords Chamber
Read Full debate Animal Welfare (Service Animals) Act 2019 Read Hansard Text
First Reading
15:07
The Bill was brought from the Commons, read a first time and ordered to be printed.

Animal Welfare (Service Animals) Bill

2nd reading (Hansard): House of Lords
Friday 1st March 2019

(5 years, 9 months ago)

Lords Chamber
Read Full debate Animal Welfare (Service Animals) Act 2019 Read Hansard Text Read Debate Ministerial Extracts
Second Reading
10:06
Moved by
Viscount Trenchard Portrait Viscount Trenchard
- Hansard - - - Excerpts

That the Bill be now read a second time.

Viscount Trenchard Portrait Viscount Trenchard (Con)
- Hansard - - - Excerpts

My Lords, it is my great pleasure to have been asked to sponsor the Bill, which was introduced by my right honourable and learned friend Sir Oliver Heald in another place. I pay tribute to him for his commitment and dedication to this excellent cause. He has efficiently and smoothly guided the Bill through its various stages, and it has been heartening to note that it received unqualified support from all sides in another place. I trust that the Bill will be similarly welcomed and supported in your Lordships’ House. It is surely reassuring and comforting that there are matters relevant to communities up and down the land and on which we all agree, and that by introducing and passing measures such as this, we can make a positive difference. I hope that this will contribute to improving the public perception of what Parliament does to make laws such as this, which are universally supported by the public.

I was asked by my right honourable and learned friend if I would sponsor the Bill because I live only five miles away from Finn, who resides at Buntingford in Hertfordshire—I think even slightly closer than my right honourable and learned friend. I also declare an interest, in that I serve as president of Sir Oliver’s North East Hertfordshire constituency association.

I will briefly apprise your Lordships of the events which motivated those who launched and successfully led the Finn’s law campaign. Finn’s handler, PC Dave Wardell, who has brought Finn here today to hear your Lordships’ deliberation on this matter—they are seated in the Members’ Gallery—was engaged in apprehending a robbery suspect in Stevenage. The suspect attempted to escape by climbing over a fence and Finn, directed by PC Wardell, took hold of his lower leg to restrain him. The suspect lunged at Finn with a 10-inch knife, stabbing him in the chest several times. He then turned his attention to PC Wardell. Finn intervened to protect PC Wardell as the blade was aimed at his face. Finn put himself in the way to save the officer, who suffered a hand wound, but the dog then received serious head wounds as well as the chest injuries. PC Wardell believes that Finn saved his life. Other officers arrived and the suspect was apprehended. Finn was badly injured, with his lungs punctured in four places, yet he was licking his handler’s hand wound. Finn was taken to a vet, and then to a specialist vet. He underwent a four-hour operation to save his life, and subsequently made a remarkable recovery. After 11 weeks’ convalescence, he was able to go back to work with PC Wardell. On his first shift, on 22 December 2016, they arrested a fleeing suspect. Finn is now retired but is still living with PC Wardell, and remains fit and healthy. He is one of the most successful police dogs that Hertfordshire Constabulary has employed. He has won national recognition for his bravery: animal of the year in the IFAW Animal Action awards, Hero Animal of the Year, and the PDSA gold medal, which is known as the animals’ George Cross.

When it came to charging the offender, it became clear that there is a problem with the current law. For the assault on the officer it was a straightforward offence of assault occasioning actual bodily harm. However, there were two potential charges for the injuries to the dog: causing unnecessary suffering to an animal under Section 4 of the Animal Welfare Act 2006, or a charge under Section 1 of the Criminal Damage Act 1971. In the event, a charge of criminal damage was brought, but this treated Finn as though he was simply a piece of police property that had been damaged, such as a police radio. The penalty for criminal damage is largely determined by the value of the property that is damaged, and a seven year-old police dog who is close to retirement is not worth much money. So it proved in court, when no separate penalty was imposed on the attacker for the attack on Finn.

The offence under Section 4 of the Animal Welfare Act provides an alternative route, but there are two problems with it. First, the maximum penalty is only six months’ imprisonment. Happily, I understand that the Government have committed to increasing that to five years, which has been widely welcomed. I would be grateful if my noble friend the Minister could confirm to your Lordships when winding up that that remains the Government’s firm intention. Secondly, there is a difficulty with the application of Section 4(3)(c)(ii) of the Animal Welfare Act, which sets out that various factors must be taken into account in determining whether the inflicting of suffering on an animal can be considered unnecessary. Those factors include the protection of a person or property but currently omit any reference to the role of service animals. Clearly, the role of a service animal is to restrain a suspect or to use its physical presence to support the actions of an officer discharging his or her duty, but there is no reference to that in the Act. There is concern that the provision allows defendants to argue that they are justified in using force against a service animal in self-defence, rendering the force necessary.

The failure of the law to provide an adequate means for an officer to obtain redress for injuries sustained by the service animal with which he works led to a high-profile campaign known as the Finn’s law campaign. More than 123,000 people signed an online petition, which resulted in a debate in another place. It also inspired my right honourable friend Sir Oliver Heald to introduce this Bill and, with his customary doggedness, to steer it successfully through all its stages. It is a short Bill and makes only one simple but important change. It amends Section 4 of the 2006 Act to require a court to disregard the consideration in certain circumstances when assessing whether suffering was unnecessary in the context of causing such suffering to a service animal. Its scope is restricted to service animals working with a constable or a person having the powers of a constable. This means that it applies to police officers and prison custody officers, although it allows the Secretary of State to amend the list of relevant officers by regulation, subject to the affirmative procedure.

Police forces employ both dogs and horses, and the Prison Service employs dogs. According to the International Fund for Animal Welfare, there are currently 1,753 police dogs in the UK. I have recently been advised that the Bill also extends to service animals employed by the police services of the Armed Forces, and would be grateful if the Minister could confirm that that is indeed the case. The Bill draws from the Animal Welfare Act 2002 of Western Australia, which contains a similar provision requiring a court to disregard the right of self-defence in the case of service animals where the animal is under the control of a relevant officer and is being used by that officer in a reasonable way.

I earnestly hope that your Lordships will recognise the importance of making this change, and speedily. As I mentioned, it is my right honourable friend Sir Oliver Heald who has worked with the Finn’s law campaign and I pay tribute to him. It is also excellent that the Government decided to support the Bill, and I am grateful to my right honourable friend the Secretary of State and my noble friend the Minister. I also pay tribute to Sarah Dixon and Nicola Skelly of the Finn’s law campaign and, of course, to PC Wardell and Finn himself, who looks to me very contented.

The Bill extends to England and Wales because it amends the Animal Welfare Act 2006, which is an England and Wales Act. I understand that the Welsh Assembly has laid a legislative consent Motion to introduce a similar measure. I look forward to hearing from the Minister whether that is indeed the case and about the prospect of a similar measure being introduced in both Scotland and Northern Ireland.

I look forward to hearing your Lordships contributions, to your support, I hope, and to my noble friend’s winding-up speech. I beg to move.

10:18
Lord Holmes of Richmond Portrait Lord Holmes of Richmond (Con)
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My Lords, it is a pleasure to speak in this debate and I wholeheartedly support the Bill and every word spoken by my noble friend Lord Trenchard.

I am not sure whether I got a different memo this morning: I thought everybody was bringing their dog today. Having had much experience with assistance dogs, it gives me even greater pleasure to speak in this debate on the issue of service animals. I thank my noble friend for introducing the Bill and speaking so eloquently and forcefully to open our Second Reading this morning. I also pay tribute to the Minister, who I know stands four-square behind the legislation’s intent. As he used to be my Whip, I am fully aware of just how determined he is when he wants to get you to follow him through the right Lobby.

I also pay tribute to my right honourable friend Sir Oliver Heald. As already stated, it is so much of his work, time and effort that has got us to where we are now, not least with the Bill passing so swiftly through the other place.

At this point, it is right to salute the courage and bravery of all our service men and women in the police, fire and ambulance services—indeed, all our blue-light and first-responder services. They run towards danger to protect us all. As they do so, they are not alone; they are often accompanied in the line of duty by service animals, not least dogs and horses. How can it be that, under the current law, the protection we are all afforded by those service animals is not rightly afforded back to them for their service?

All campaigns need a champion and a story to bring them to life. We could not ask for a better story than that of PC Wardell and Finn. Finn has been the cornerstone of this campaign’s success so far, so it is right and proper that he is the “poster pooch”. As my noble friend Lord Trenchard set out, PC Wardell’s story is harrowing but in no sense unique. The need for this legislative change could not be clearer. If it had not been for Finn, PC Wardell might well not be with us this morning. As a result of Finn’s actions, we are delighted to have them both with us today. There could be no greater illustration of the work and dedication of our service animals.

This is a perfect piece of Private Member’s legislation. It is clear, concise and simple—and, if passed, it will have a profound effect, affording protection to service animals that does not currently exist. My noble friend set out eloquently the case for this legislation, so I will not detain your Lordships much longer, except to say that I offer this legislation my wholehearted support. I wish my noble friend every success in getting his Bill to pass swiftly and unamended through your Lordships’ House. My only question for the Minister is: with the current situation in Northern Ireland, on the passing of this legislation, what can he say about the means of ensuring that the animals serving in the line of duty alongside the PSNI will be protected in the same way as service animals across the rest of the United Kingdom?

I hope that this legislation will unite noble Lords across the House and be passed swiftly to make this change in law. As my noble friend said, how can it be that a service animal is currently seen as a piece of equipment? This simple, effective and clear legislative change will ensure that all service animals are rightly respected for the job they do and the service they afford us, giving them not only dignity and respect but protection under the law—not as a piece of kit but as a professional, trained, loving animal with a head, a heart, a spirit and a soul. It is time for Finn’s law.

10:24
Lord McNally Portrait Lord McNally (LD)
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My Lords, it is an honour and a privilege to follow the noble Lord, Lord Holmes, who reminded us most eloquently of the case for the Bill. He is an ever-present reminder of what a well-trained dog can give in service. Of course, I pay tribute also to the noble Viscount, Lord Trenchard, for introducing the Bill and to Sir Oliver Heald for taking it as a 10-minute rule Bill through the Commons to the Floor of our Chamber.

I have only one experience of working closely with a police dog. It was many years ago, when I worked for the Labour Party and went to a conference in Blackpool with the then Prime Minister, Harold Wilson. The police dog assigned to us was a magnificent-looking animal. When out of sight or hearing of the Prime Minister, his handler would show us his party piece. He would say, “Harold Wilson”, and the dog would go, “Grrrrr!”—which showed just how well these dogs can be trained.

Of course, this debate has a link to Hertfordshire. I live in St Albans now. A distant relation of PC Wardell wrote to me, saying:

“I would like to hope that you will speak on our behalf as well as vote when the legislation to protect service animals from injury and death comes before the Lords. Finn, who you must know is an incredibly brave police dog, saved the life of a relative of mine. Dave is his handler and a member of my extended family and would have suffered the same attack had Finn not bravely reacted”.


We have heard his story today.

I declare another interest as a former chairman of the Youth Justice Board. One of the most worrying things about this story is that the assailant was 16 years old and carrying a 10-inch hunting knife. That puts into context the wider problem facing law enforcement officers as they deal with modern crime. The noble Viscount, Lord Trenchard, laid out clearly the weaknesses and lacunae in the Animal Welfare Act and the Criminal Damage Act. This Bill puts the animals who serve us in the right order of priorities, in terms of both our concern for their welfare and the role they play in law enforcement. Well-trained horses and dogs are a safer way of dealing with armed and dangerous criminals, as well as crowd control. They are much preferable to the use of stun guns, water cannon, rubber bullets or live ammunition.

These animals are much-loved comrades-in-arms for the police and prison officers who work with them. This Bill gives them their proper status and proportionate protection in respect of the services they provide. For the record, I hope that the Minister will clarify how the legislation will apply to Scotland, Wales and Northern Ireland. We know that progress is being made in Wales, but what is happening in Scotland and Northern Ireland?

I wish this Bill a speedy passage into law. And, since every speaker so far has been quite unashamed in using a well-known cliché, I will finish with one. Every dog has his day; today is Finn’s day.

10:28
Baroness Brady Portrait Baroness Brady (Con)
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My Lords, it is a privilege—as ever—to take part in today’s debate. I congratulate my noble friend Lord Trenchard on his sponsorship of this important Bill, and my right honourable friend the Member for North East Hertfordshire in the other place on his leadership on this issue.

Anything that reduces Simon Cowell, that maker and breaker of lives and careers, to tears on national television is surely worthy of debate. When he was confronted with Finn’s story on “Britain’s Got Talent”, that is exactly what happened—indeed, how could it not? As we have heard, Finn the police dog was on duty with PC Dave Wardell when a robber turned on him with a knife. Finn was stabbed in the head and chest with a 10-inch blade. What is extraordinary is that despite his injuries, Finn kept up his defence of his handler and prevented the criminal from inflicting a mortal wound on PC Wardell. Who could fail to be moved by this? A robber was apprehended, an officer survived a near fatal attack, and indeed Finn himself is now happily recovered and here today. I had the great pleasure of meeting him this morning and he is very welcome. He is enjoying a well-earned retirement. What of the criminal? What justice is to be handed out to someone who attacks a canine officer in the line of duty?

This brings us to the heart of the matter today, which is a much-needed update to legislation to ensure that justice is served in such cases as Finn’s—that the punishment fits the crime. Currently, it does not. We have heard that existing animal welfare legislation is inadequate on two related counts. The Animal Welfare Act 2006 offers a loophole to criminals who can cite the protection of a person or property as a reason for harming animals. This, in turn, limits any prosecution and sentencing to criminal damage. The Bill will make amends by disregarding this loophole with respect to service animals, provided that the animal was under the control of the relevant officer at the time and was being used to carry out officer duties in a reasonable manner. This means that in the case of police dogs and indeed horses, inflicting harm on them will be more akin to inflicting harm on the officer themselves. That is as it should be.

As Matthew Ellis, the Staffordshire Police and Crime Commissioner has said:

“Fundamentally I am surprised that despite dogs being a key part of policing— that play such an enormous role in protecting police officers, bringing people to justice and offering reassurance to the public—attacking one attracts the same punishment as kicking in the door panel of a car. That is astonishing”.


The most a criminal can get for harming a police dog, however brutally, is six months in prison. This should offend any sense of national justice we have in this House. Indeed, I suspect that it does, given the cross-party support this Bill enjoys, and I am pleased to see that similar legislation is in the works in Wales. I also look forward to the Minister’s update on what is happening in the rest of the United Kingdom. If we pass this Bill, that six-month maximum sentence will be increased to five years. Five years certainly feels better to me.

It is too late for Finn’s attacker to get his comeuppance, but given that from April 2017 to March 2018 police dogs were deployed in nearly 2,000 incidents, the stakes remain high. We need a deterrent in place now that gives proper sentences for the guilty and that serves justice for those animals put in harm’s way to protect their officers and, of course, the general public.

It is of course right that we debate such issues properly and, however emotive the issue may be, ensure that the legislation is robust, fit for purpose and avoids any unintended consequences. This Bill does just that. We should take notice that it has passed through the other place unamended and I hope it does likewise here. Although it began its parliamentary journey as a Private Member’s Bill, it now enjoys official support from the Government through the Department for Environment, Food and Rural Affairs. However, PC Wardell put it best when he said:

“This campaign and Bill is my way of saying thank you to Finn for saving my life”.


I find it hard to argue with that.

10:33
Baroness McIntosh of Pickering Portrait Baroness McIntosh of Pickering (Con)
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My Lords, I congratulate my noble friend Lord Trenchard and my right honourable friend Sir Oliver Heald for bringing forward a very timely Bill. It is also a delight to see PC Wardell and Finn in the Chamber. That gives us an opportunity to thank police officers and their heroic hounds for all the work they do. I welcome the Minister, my noble friend Lord Gardiner, to his position at the end of what has been a particularly busy week for his department in the House of Lords.

This Bill is especially welcome because it will close a loophole, but I would like to press my noble friend on a number of details to ensure that it is not only small and perfectly formed, but that it will cover all current and future circumstances that may arise. What the case of Finn has demonstrated is that while such attacks are not a frequent occurrence, they create a wave of public revulsion and we need to respond to that in a timely way.

I associate myself with the changes that were brought to the Dangerous Dogs Act 1991 in the Anti-social Behaviour, Crime and Policing Act 2014. The Dangerous Dogs Act itself showed that when all parties subscribe to a particular piece of legislation without proper scrutiny, sometimes we have to revisit it. That Act is very much a case in point.

I pay tribute to the work of Defra and the Environment, Food and Rural Affairs Committee, on which I have served. We looked closely at preventing attacks and creating a stronger offence and penalty for attacks on guide dogs and assistance dogs, as has been referred to so eloquently by my noble friend Lord Holmes. I will spare his blushes, but while it is fair to say that my noble friend and the noble Lord, Lord Blunkett, are particularly popular Members of your Lordships’ House, they cannot compete with the popularity of Lottie and Barney as their companions.

The Government have committed to introducing legislation to increase the maximum penalty for animal cruelty from six months’ to five years’ imprisonment. I understand that as recently as 8 February, the Government stated in the other place that they will introduce legislation to this effect when the parliamentary agenda and timetable allow. Is this not that moment? Does the parliamentary timetable on a Friday morning not allow for a small amendment to incorporate that sentence? It would send out shockwaves and give teeth—if you will pardon the expression—to this Bill. Will my noble friend consider whether this is the opportunity to increase the maximum penalty for the offence from three years’ imprisonment—under the Animal Welfare Act 2006, as I understand it—to five years? That would complete the work of my noble friend Lord Trenchard and Sir Oliver.

Also, as my noble friend mentioned, can the Minister confirm that all military service dogs will be included, as appropriate? I was MP for the Vale of York for five years, and a number of animals policed the RAF establishment. They do a fantastic job of work, often in the background. Will they be covered by this law? If not, could we amend the Bill, ideally by the Government bringing forward an amendment that we could all support to extend this provision to all military service dogs, as my noble friend suggested.

Does this Bill covers police horses? Finn suffered horrendous injuries, but horses have also been injured. Those injuries may not have been fatal or life-threatening, but there is the potential for that. Can we close that loophole as well, before we need to introduce another law after a future tragic incident? Will my noble friend look favourably at bringing forward a government amendment to extend this provision to horses—unless he can confirm that horses are covered? The point is not made clear in his department’s Explanatory Notes or in the excellent notes prepared by the House of Lords Library, for which I am grateful. I am sure that we would all support such an amendment.

I conclude by adding my congratulations to my right honourable friend Sir Oliver, whose work is being carried forward today by my noble friend Lord Trenchard. I enthusiastically support the Bill because it recognises the work of heroic hounds such as Finn, and their heroic handlers like PC Wardell.

10:38
Lord German Portrait Lord German (LD)
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My Lords, I rise briefly to tell noble Lords the story of the campaign run by Redhill Prep School in Haverfordwest in support of this Bill. It is a school in the western part of Wales. This debate gives me an opportunity to offer to all noble Lords a happy St David’s Day, especially in a week when our national pride was so enhanced last Saturday.

The Redhill Prep School decided to support and has been campaigning for Finn’s law. In so doing, it found a way of using parliamentary procedure to make that happen. As part of its campaign to understand what happens in this Parliament, it is engaging in a Parliament week in May and has invited, through the Lord Speaker’s Peers in Schools scheme, one of us to attend. I shall go to the school to talk about this law in particular. I also pay tribute to Sir Oliver and to the noble Viscount, Lord Trenchard, for bringing forward this Bill, which is common sense and understandably a short Bill. It does one thing simply: protect the animals that protect us.

The Peers in Schools scheme has enabled the Redhill Prep School to examine this Bill, as part of the process of understanding how the House of Lords and the House of Commons work. Part of its exercise has been to campaign with its local Members, both of the National Assembly for Wales and the House of Commons. In fact, it campaigned vigorously with the local MP. I would not say it hauled him in, but it invited him in to discuss matters political and then confronted him with this Bill. I was told that the honourable Member for that part of Wales ended the whole session in tears, not because he had been driven into the ground but by the passion with which these young children had spoken about this law. I pay tribute to them. It is also a message to us all that the Peers in Schools process that the House of Lords has put in train, the Lord Speaker’s programme here, does have an effect. It may give us an example of how we can use parliamentary procedure. This is a straightforward, two-clause Bill, which means it is straightforward to understand its purpose. That is helpful, and this is one way we can use Bills of this sort.

In supporting this Bill, I also look forward to understanding the timetable of legislative consent Motions in the National Assembly for Wales. I reassure this House, as I will reassure the children of Redhill Prep School, that the National Assembly for Wales is doing its job properly. I would not want the Members of the National Assembly to be subject to the wrath of these young people by finding themselves delaying the laying of a legislative consent Motion that would bring such a conclusion to this Bill, which we very much hope will become a law very rapidly indeed. I place on record my support for it. I hope that everyone will listen to the children of Redhill Prep School and their support for this Bill, and use it as an exemplar of how we can very well connect young people with the work this House does.

10:42
Baroness Jones of Whitchurch Portrait Baroness Jones of Whitchurch (Lab)
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My Lords, I am grateful to the noble Viscount, Lord Trenchard, for his work in taking over the baton on this Bill from his colleague, Sir Oliver Heald, and for the eloquent way in which he has set out the purpose of this Bill. I am also very pleased that Finn, PC Wardell and the Finn’s law campaigners are here to witness what I hope will be a historic day.

In the Commons the Bill received widespread cross-party support, and nothing I will say today will deviate from that approach. I say to the noble Baroness, Lady McIntosh, that I do not think the cross-party support demonstrated here means that the Bill is in any way flawed or will not stand the test of time. I have absolute confidence that we are doing the right thing here.

The Bill represents a small but important change to the Animal Welfare Act. As colleagues have said, it is unthinkable that highly trained service animals such as police dogs and police horses can somehow be written off as property or equipment rather than sentient beings that deserve our protection. It is simply not acceptable that those who cause grievous harm to police dogs in the course of their duty have to be charged with criminal damage rather than animal welfare offences. Even those found guilty of causing unnecessary suffering to an animal have a maximum prison sentence of six months.

The noble Viscount referred to the bravery of police dog Finn, who was badly injured by being stabbed numerous times but still went on to protect his police handler, who was also being attacked. Since this case has been highlighted, numerous other examples of police dog bravery have come to light, and I pay tribute to them all.

We already have a precedent in the Anti-Social Behaviour, Crime and Policing Act 2014. This Act provides for up to three years’ imprisonment for those who allow their dogs to attack an assistance dog, redefining it as an aggravated offence. This approach now needs to be applied to those attacking service animals.

When this Bill was debated in the Commons, the then Minister, George Eustice, made it clear that the Government would support the swift passage of the Private Member’s Bill through all stages of the Commons and the Lords, and I very much hope the Minister will continue that refrain. But he also knows we need to go much further to strengthen animal welfare legislation. The Animal Welfare Act 2006 was a significant step towards progressing animal rights, but we have to continue to build on that progress.

Our party has always been at the forefront of animal welfare, from the 2006 Act to the landmark banning of hunting in 2004, but we recognise that much more needs to be done. Meanwhile, the Government have been painfully slow to enact any of their promises to the animal welfare organisations. There have, of course, been lots of consultations on potential legislation. While we welcome proper consultation, when those consultations finish the results seem to disappear into a black hole. For example, I recently put down a Written Question to the Minister asking what had happened to the promised Bill to increase the penalties for animal cruelty beyond the current six-month prison sentence limit. The proposal received widespread support during the consultation. In his response, the Minister accepted that the consultation had taken place and said the Government’s next steps were published in August last year. He went on to say:

“Legislation will be introduced as soon as parliamentary time allows”.


We have hardly been stretched here recently, and you would have thought the Government could have found some legislative time in the last seven months to bring this Bill forward.

I hope the Minister, in his response, will welcome this Bill and agree to aid its progress. But I also hope he can provide some clear timeline for when the Government intend to address all the other outstanding animal welfare legislation issues, starting with the animal welfare Bill. I look forward to his response.

10:47
Lord Gardiner of Kimble Portrait The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Gardiner of Kimble) (Con)
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My Lords, the Government are delighted to be able to support this Bill. I pay tribute to my right honourable and learned friend the Member for North East Hertfordshire in the other place for championing the cause of our much-loved service animals and for bringing forward this important Bill in recognition of the strong feeling and support among the public for Finn’s law. As the Minister responsible for animal welfare and health—it was probably in 2017—I remember meeting my right honourable and learned friend as a prelude to this Bill, and I can confirm his commitment and determination to strengthen the law. The word “tenacity” would probably be a more emphatic description of his sense of purpose. I also pay tribute to my noble friend Lord Trenchard, who is in charge of this Bill in your Lordships’ House. The Government wish my noble friend every success.

The Government have taken a keen interest in this legislation, and therefore the Bill has been considered and scrutinised by parliamentary counsel to ensure that it is legally sound. In addition, the Explanatory Notes in support of the Bill have been prepared by Defra with the consent of my noble friend Lord Trenchard. I can also confirm that it is the Government’s view that the Bill is compatible with the Human Rights Act 1998.

I endorse the point made by my noble friend Lord Trenchard that this Bill is small—just two clauses—and its scope very narrow, yet it addresses an important issue in relation to service animals such as Finn. I agree with the noble Lord, Lord German, that there could not be a better example of a distinct Bill with a distinct purpose, and Redhill Prep School in Haverfordwest should see this as an exemplar of Parliament—particularly given the contributions from your Lordships’ House this morning—in wholehearted support of what I would describe as a distinct feature of animal welfare legislation.

My noble friend Lord Holmes of Richmond absolutely articulated that service animals undertake exceptional service for the public, which the Government entirely recognise. That takes them into dangerous situations. The highest protection for our service animals needs to be made clear in law, and I agree with my noble friend Lady Brady that we need to have this clarity—hence this Bill. That is why we support the Finn’s law campaign and the Bill.

Finn himself is a distinguished example of the bravery of our service animals. As many noble Lords have said, it was a privilege to meet Finn this morning. I think he feels very much at home. I identified that by his keenness to get on House of Lords sofas, which is a distinguishing sign of what an extraordinary animal he is as well as being a service animal. Along with noble Lords, I was shocked about the events that led to Finn’s near death in assisting and protecting his handler, PC Dave Wardell, while they sought to apprehend a suspect following a robbery. As my noble friend Lord Trenchard described, despite receiving life-threatening injuries from the attack in October 2016, which involved Finn being stabbed by a 10-inch bladed knife which punctured his lung, Finn made a full recovery. Finn then returned to service some 11 weeks later, and on their first outing together in December 2016 PC Wardell and Finn were able to arrest a fleeing suspect.

It is great news that Finn is now enjoying his well-deserved retirement from a distinguished life of service to the public. But today, as noble Lords have observed, it is important that we also remember all those to whom we owe so much—police officers, fire officers and all in the emergency services across the kingdom—and indeed the bravery of PC Wardell. I was struck by what my noble friend Lord Holmes of Richmond said about running towards danger. Most of us would tend to run away from danger; the brave people who look after us run towards danger, as we saw not only on the Parliamentary Estate but see around the country so often.

With noble Lords’ support, when the Bill becomes law, service animals such as Finn will have more protection from callous individuals. That is because the Bill amends the Animal Welfare Act 2006 to make it clear that the ability for someone to claim that they were acting in self-defence when they attack a service animal should be disregarded in such circumstances. No longer will someone be able to inflict pain and suffering on our service animals, such as police dogs like Finn—and having studied the Explanatory Memorandum, it is clear in paragraph 3, “Policy background”, that the Bill includes police horses and other animals supporting the Prison Service—and say that they are simply protecting themselves.

In supporting this Bill, we agree with the points articulated by my right honourable and learned friend in the other place that using the offences under Section 4 of the Animal Welfare Act 2006 to prosecute attacks on police and other support animals that cause unnecessary suffering, could be made more difficult due to the fact that the court must consider whether the defendant was acting in fear of harm. Relevant here is the list of considerations at Section 4(3)(c)(ii) for the court to consider if the suffering was caused for,

“a legitimate purpose such as … the purpose of protecting a person, property or other animal”.

In other words, the perpetrator of the attack on the service animal could use this provision to claim that they were acting to protect themselves. The Bill before us amends the 2006 Act such that this specific consideration should be disregarded with respect to incidents involving unnecessary suffering inflicted on a service animal supporting officers in the course of their duties.

A number of points were made by noble Lords about the territorial extent. This Bill applies to England and Wales. That is because the Bill amends the Animal Welfare Act 2006, which is an England and Wales Act. The Welsh Government are extremely supportive of the change. I understand that a legislative consent Motion was laid on 17 January and is due to be considered on 5 March, so I hope that the noble Lord, Lord German, will be able to reflect that in his visit to Haverfordwest.

In Northern Ireland, as noble Lords understand, we very much hope that the Assembly will return and government resume in Northern Ireland. As noble Lords will know, Northern Ireland has separate legislation in the Welfare of Animals Act (Northern Ireland) 2011. Therefore, this particular Bill could not be used to amend that piece of legislation. I know that there is enthusiasm within Northern Ireland, but at this time there are no current plans to take forward any necessary changes. Clearly, this is a matter that people in Northern Ireland are conscious of and would be one very good reason that I look forward to the Assembly returning.

The Scottish Government are also very positive about Finn’s law and are looking to apply the measure in Scotland to their animal welfare laws. The example of England and Wales is very much understood, and I believe will be followed. It is a case of getting the legislation through in those phases.

I should make it clear to my noble friends Lady McIntosh and Lord Trenchard that parliamentary counsel have studied the Bill in detail and acknowledge that animals used by branches of the military police in England and Wales to apprehend or control people will be covered by this amendment to the 2006 Act. That is because members of the military police in England and Wales will be covered by the definition of constables or persons within new subsection (3B)(b) as,

“a person (other than a constable) who has the powers of a constable or is otherwise employed for police purposes or is engaged to provide services for police purposes”.

Noble Lords asked about a second limb of the Finn’s law campaign which would see an increase in the maximum penalty for animal cruelty. My noble friends Lady McIntosh and Lady Brady particularly raised that, as did my noble friend Lord Trenchard. Of course, the noble Baroness, Lady Jones, and I are on the same page in our desire to get this done. The Government are clear that we are fully behind—the Secretary of State has been emphatic about this—the wish to increase the maximum penalty from six months’ imprisonment to five years’ imprisonment. The Government wish to make progress on this as soon as we can. Obviously, I am constantly passing back messages from noble Lords on all sides of the House about our desire to get this matter done. My bona fides are very strong on this. I am fully seized that it is an important part of our work.

I say to my noble friend Lady McIntosh that the reason this Bill has gone through in the way that it has in the other place—and, I hope, will here—is because of its narrowness of scope. It has a precise purpose, which is to amend the Animal Welfare Act 2006 in this particular regard. We all know that it is always tempting to add matters to a Bill, but the experience of many noble Lords in this House is that, the moment you start tinkering with the narrow purpose of a very important Bill, you get into timetabling difficulties, so I say to my noble friend that I understand her bona fides in these matters, but there is a very strong desire that this distinct Bill has a speedy passage through your Lordships’ House. It is distinctly to address the terrible time suffered by Finn and PC Wardell. The Bill covers attacks on service animals—horses and dogs—and there is provision for further animals to be considered. I express as strongly as I can that the Government and the department support this Bill because it provides further protection for our service animals, such as Finn.

I very much hope that this Bill promoted by my noble friend Lord Trenchard will be successful in achieving a swift passage through your Lordships’ House and will complete all stages to Royal Assent. There surely could not be a more deserving Bill to acknowledge our gratitude to animals such as Finn and the debt we owe them.

11:01
Viscount Trenchard Portrait Viscount Trenchard
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My Lords, I thank all noble Lords who have contributed to this debate and I appreciate their strong support. My noble friend Lord Holmes of Richmond spoke movingly. He is most qualified to speak on this matter. I was very pleased to hear from the noble Lord, Lord McNally, who reminded us that he lives in Hertfordshire. As he said, today is Finn’s day. My noble friend Lady Brady pointed out that at present the punishment does not fit the crime, and Finn’s law will go a long way to ensure that it does.

My noble friend Lady McIntosh’s speech was very interesting. I am delighted to have heard the Minister’s reassurance that horses are covered and that he will pass back the strong message to government that this House asks that measures are taken at an early date to increase the maximum penalty to five years.

I thank the noble Lord, Lord German, for his interesting speech illustrating how well both Houses can work together. I was most grateful for the strong support from the noble Baroness, Lady Jones of Whitchurch. It is heartening to have support from all sides of the House.

I appreciate the Minister’s very supportive remarks, and I thank the clerks and the officials at Defra for the guidance and support they gave me in preparing for this Bill. I ask your Lordships to give this Bill a Second Reading.

Bill read a second time and committed to a Committee of the Whole House.

Animal Welfare (Service Animals) Bill

Order of Commitment discharged (Hansard): House of Lords
Tuesday 19th March 2019

(5 years, 8 months ago)

Lords Chamber
Read Full debate Animal Welfare (Service Animals) Act 2019 Read Hansard Text
Order of Commitment Discharged
15:18
Moved by
Viscount Trenchard Portrait Viscount Trenchard
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That the order of commitment be discharged.

Viscount Trenchard Portrait Viscount Trenchard (Con)
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My Lords, I understand that no amendments have been set down to this Bill and that no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. Unless, therefore, any noble Lord objects, I beg to move that the order of commitment be discharged.

Motion agreed.

Animal Welfare (Service Animals) Bill

3rd reading (Hansard): House of Lords
Tuesday 2nd April 2019

(5 years, 8 months ago)

Lords Chamber
Read Full debate Animal Welfare (Service Animals) Act 2019 Read Hansard Text
Third Reading
15:08
Motion
Moved by
Viscount Trenchard Portrait Viscount Trenchard
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That the Bill do now pass.

Viscount Trenchard Portrait Viscount Trenchard (Con)
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My Lords, I am delighted that I was asked by my right honourable friend Sir Oliver Heald, Member of Parliament for North East Hertfordshire, to take this Bill through your Lordships’ House. I give great credit to my right honourable friend for supporting Finn’s cause and, with his customary doggedness and skill, successfully steering the Bill through all its stages in another place. The Bill will make it easier to prosecute people, under the Animal Welfare Act 2006, who are suspected of causing unnecessary suffering to service animals, chiefly police dogs and horses, and dogs working for the Prison Service. Our Second Reading debate showed that the Bill received unqualified support from all sides of the House. I am sure that all noble Lords will agree that it is most reassuring that there are indeed matters on which we all unreservedly can agree.

I also congratulate PC Dave Wardell, along with Sarah Dixon and her colleagues on the Finn’s law team, on their successful campaign which led to the introduction of the Bill. Lastly, I thank my noble friend Lord Gardiner and his officials for supporting the Bill and for the assistance that they have provided me throughout this process.

Bill passed.

Royal Assent

Royal Assent (Hansard)
Monday 8th April 2019

(5 years, 8 months ago)

Lords Chamber
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23:05
The following Acts were given Royal Assent:
Animal Welfare (Service Animals) Act
European Union (Withdrawal) (No. 5) Act.
House adjourned at 11.06 pm.