Wednesday 10th July 2019
(4 years, 9 months ago)
Commons ChamberAnimal Welfare (Sentencing) Bill 2017-19 View all Animal Welfare (Sentencing) Bill 2017-19 Debates Read Hansard Text
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (David Rutley)
I beg to move, That the Bill be now read a Second time.
The Bill delivers another important commitment from the Government on animal welfare, cementing our place as a world leader in the care and protection of animals. Under the current legislation, the Animal Welfare Act 2006, the maximum penalty for animal cruelty offences is six months’ imprisonment and/or an unlimited fine. The Bill extends the current maximum penalty to five years’ imprisonment and/or an unlimited fine for the worst animal cruelty offences relating to animal welfare in England and Wales. It is a simple yet vital measure to ensure that those who perpetrate cruelty on animals are subjected to the full force of the law.
We all agree that there is no place for animal cruelty in this country. Those who mistreat and abuse animals through unacceptable activities such as dog fighting, the abuse of pet animals, and cruelty to farm animals will be faced with tougher responses from the courts. An increase in the maximum custodial sentence from six months to five years will help to deter people from committing detestable acts against animals, and will demonstrate that such behaviour is not tolerated in this country.
Sir Greg Knight (East Yorkshire) (Con)
Is the Minister aware of the growing concern about the welfare of tethered horses? Many horses are attached to a short rope all day long, next to a highway, with no water and surrounded by ragwort, which is harmful to them. However, the authorities seem reluctant to take action. Might the reason be that the law is not quite clear enough in this respect, and if so, could that be addressed by the Bill?
David Rutley
I thank my right hon. Friend for his intervention, and for his concern about horse tethering. I share that concern, which is why we recently had a roundtable meeting with the relevant welfare groups and authorities to discuss how we could achieve best practice in this regard. I think that there have been some case studies—particularly in the Swansea area, if I remember correctly—and that real action has been taken. We need to spread that best practice far and wide.
It is a pleasure to introduce this important Bill. We committed ourselves in September 2017 to increasing maximum sentences for animal cruelty offences, and in December 2017 we published our draft Bill for pre-legislative scrutiny. That followed the introduction of the Animal Fighting (Sentencing) Bill in July 2016 by my hon. Friend the Member for Torbay (Kevin Foster), and the introduction of the Animal Cruelty (Sentencing) Bill, also in July 2016, by the hon. Member for Redcar (Anna Turley). I pay tribute to both of them and the supporters of their Bills; I thank them for their hard work.
I am delighted to have secured the parliamentary time to introduce this small but incredibly valuable Government Bill, which is of great importance to the House, the animal welfare community and the public more widely. I pay tribute to all who campaigned for the Animal Welfare (Service Animals) Act 2019, popularly known as Finn’s law, which is closely linked to the Bill. Finn is a police dog fondly known as Fabulous Finn to his friends, and a distinguished example of the incredible bravery and hard work of service animals. This Bill will ensure that those who cause injury to a service animal will receive a proportionate penalty for their horrific actions; I will speak on this in more detail a little later.
Many animal welfare charities and other organisations have been calling for increased sentencing for a number of years. I thank them for their campaigning on the matter and for ensuring that this issue has remained at the top of the agenda: Battersea Dogs and Cats Home, Blue Cross, the Royal Society for the Prevention of Cruelty to Animals and the League Against Cruel Sports, to name but a few, have been incredibly effective in their support for an increase in the maximum penalties, and I praise their tireless efforts. Claire Horton, chief executive of Battersea Dogs & Cats Home, stated that the introduction of this Bill is a “landmark achievement”.
This Bill is indeed a landmark step forward for animal welfare in this country. It demonstrates our commitment to protecting this nation’s animals. I pay tribute to Northern Ireland and my hon. Friends in the Democratic Unionist party for setting such a great example in support of animal welfare; Northern Ireland has already introduced a higher maximum penalty of five years for animal cruelty offences, which we are pleased to be able to match in England and Wales.
I also pay tribute to those hon. Members who have consistently advocated introducing this Bill, notably my hon. Friend—most of the time my friend—the Member for Tiverton and Honiton (Neil Parish), Chair of the Environment, Food and Rural Affairs Committee. He can be grumpy on occasions—[Interruption.] Oh, he is there! I had not realised he was behind me! Indeed, I thank all members of the Committee, who tirelessly press the Government on this issue.
Our Bill and the proposals therein on animal welfare sentencing have received strong support from across the House, and I am grateful to the Opposition Front- Bench team, not least the hon. Member for Workington (Sue Hayman) for her full and wholesome support; it is much appreciated.
Bill Wiggin (North Herefordshire) (Con)
Thirteen years ago in 2006 when the Animal Welfare Act was going through its stages, I proposed an amendment that would do exactly what this Bill does, so may I thank the Minister for bringing it in but express regret that it has taken 13 years to do so?
David Rutley
I am pleased the Bill is before us today; sometimes these things take time—too often in animal welfare—but I am really pleased that through working together across this House we have seen a number of pieces of legislation come forward in recent weeks and months. That is because we are working so closely together. I am extraordinarily grateful for that and for the support we have had from the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), who has long called for higher sentencing.
It is also important to recognise the hard work of our Whips. They are not able to speak on this matter, but I know that my hon. Friends the Members for Chippenham (Michelle Donelan) and for Milton Keynes South (Iain Stewart) are very keen for this legislation to come through. It would be remiss of me not also to mention the irrepressible hon. Member for Bristol West (Thangam Debbonaire), who is a complete enthusiast for this Bill and I am sure would love to be associated with it.
The Bill amends the Animal Welfare Act 2006, which currently sets out a maximum penalty of six months’ imprisonment and/or an unlimited fine for the more serious prevention of harm offences. That is much lower than the current European average for animal welfare offences, which is two years; indeed many countries have much higher maximum penalties. I am pleased to say that the Bill introduces one of the toughest punishments in the world and will bring us in line with the maximum penalties in Australia, Canada, New Zealand, Ireland, India and Latvia, which are all five years’ imprisonment.
The Government published the draft Bill for consultation and pre-legislative scrutiny in December 2017 as part of the Animal Welfare (Sentencing and Recognition of Sentience) Bill. The consultation closed in January 2018 and the Department for Environment, Food and Rural Affairs received over 9,000 direct responses to it; 70% of respondents agreed with the new maximum penalties. In the summary of responses document, the Government committed to bringing forward the sentencing clauses in a separate Bill as recommended by the Environment, Food and Rural Affairs Committee scrutiny report in January 2018.
There have been a number of recent cases related to serious animal welfare offences in which judges have expressed a desire to impose a higher penalty or custodial sentence than that currently provided for under the Animal Welfare Act 2006. For example, in 2016 an 18-year-old man kicked his girlfriend’s pet spaniel to death in an horrific attack. The dog was kicked repeatedly so hard that her brain stem detached. The man was sentenced to six months in prison and ordered to pay costs and victim surcharges of more than £1,000. The judge at the magistrates court said that he would have imposed a stronger, longer sentence if the law had allowed it. It was a sickening act of deliberate cruelty and in such cases a higher sentence would have been favourable for the court.
If I may, I would like to give another horrific example of where the judge explicitly told the court that he would have imposed a longer sentence if the guidelines had allowed. In November 2016 a man gave a dog painkillers and then beat her to death with a shovel. The man was sentenced to four months in prison and was disqualified from keeping all animals for life. That sentence was clearly not appropriate for such a dreadful act, and we need to change that, and we will now.
This Bill relates closely to the warmly received Animal Welfare (Service Animals) Act 2019, commonly known as Finn’s law, which prevents those who attack or injure service animals from claiming self-defence. It received Royal Assent on 8 April 2019, and I pay tribute to my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), who is also in his place, for steering the Bill so skilfully through this House.
When this Animal Welfare (Sentencing) Bill is enacted, those who cause harm to a service animal in the course of the animal’s duty could be subject to a maximum sentence of five years. The intention of Finn’s law was to increase the maximum penalty for animal cruelty as well as improving the protection of service animals. We are now completing the increased protection of service animals with this Bill, and as a result achieving what the Committee and campaigners have worked so hard for.
The Bill is due to commence two months after Royal Assent and has a limited impact on costs to the criminal justice system. The increase in maximum penalties will not result in an increase in the number of offenders being sent to prison; it will result only in the potential length of time that might be served by the most serious offenders. We have been in discussion with the Ministry of Justice on this matter, and the Government consider that this may lead to some marginal extra costs to the criminal justice system which are unlikely to be more than £500,000 per annum. DEFRA has agreed with the Ministry of Justice to take on the costs, as set out in the explanatory notes.
While some offences committed under the Animal Welfare Act 2006 may be more minor incidents, there are unfortunately cases of serious or systematic cruelty. For example, some forms of animal cruelty, such as dog fighting, can be linked to organised crime and are carried out for financial gain through betting and prize money.
Neil Parish (Tiverton and Honiton) (Con)
The Minister talked about the extra cost involved. If a case has to go to the Crown court, very often animals will have to be kept in custody or in care in kennels, so that will cost more. We also need to make sure we have proper kennelling so that the whole court system can cope. We very much welcome the extra sentencing, but that knock-on effect needs to be dealt with as well.
David Rutley
Once again, my hon. Friend speaks with authority on the subject, and he can be assured that we are working through all those details. I just want to underline that costs will be covered through the arrangements put in place.
As I was saying, dog fighting inflicts a high level of suffering on the animals involved. We believe that in such cases, where the level of cruelty and culpability is so high, a higher sentence is clearly justified, and I am sure that the House agrees.
The Bill is a simple measure, amounting to just two clauses, but with a very positive outcome. Clause 1 is the Bill’s main clause; it outlines the mode of trial and maximum penalty for certain animal welfare offences. As I previously outlined, under the Animal Welfare Act 2006 the maximum penalty in practice is currently six months and/or an unlimited fine. The clause changes the maximum custodial sentence available for five key offences: causing unnecessary suffering to a protected animal; carrying out a non-exempted mutilation; docking the tail of a dog, except where permitted; administering a poison to an animal; and involvement in an animal fight.
Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)
The Bill is hugely welcome. However, I am concerned about the narrowness of its scope, and my investigations have not been able to satisfy me that there are no potential areas of obscurity in it. Given that the Bill applies to domestic animals and not to wild animals, what is the situation in regard to, say, feral cats? Would somebody who did harm to their neighbour’s cat be subject to a different maximum sentence from somebody who did harm to a cat that was effectively feral and unattached?
David Rutley
We can talk about that in more detail in Committee, but it is clear that this is about animals that are under the control of man. So in a situation where a feral cat was under the control of a man or woman and was experiencing unnecessary harm, the Bill would apply.
Mr Jim Cunningham (Coventry South) (Lab)
I apologise for coming in a bit late. The Minister might have covered this earlier, but will the courts have discretion in relation to the maximum sentence? Am I right in thinking that there will be a scale?
David Rutley
I thank the hon. Gentleman for his question. Just to clarify, we are discussing the maximum penalty; there will be other gradations that the courts will see fit to use. It is important to highlight, as I have done with a couple of case studies, that the courts felt they did not have the right sentencing available, given the horrific nature of some of the crimes they had been looking at. The Bill is about providing a maximum. The hon. Gentleman must be psychic, because I was about to come to that point. Under clause 1, the existing maximum penalty of six months will be retained if the offender is summarily convicted. However, offenders may now receive a higher penalty of up to five years’ imprisonment and/or an unlimited fine if they are convicted on trial by indictment.
Clause 2 outlines that the Bill will come into force two months after Royal Assent. The application of revised maximum penalties is not retrospective and does not apply to offences committed before the Bill comes into force. The clause also specifies the short title of the Bill, and provides for the Bill to extend to England and Wales. Animal welfare is a fully devolved matter, as many Members know. However, in this case the Welsh Government have confirmed that the maximum penalty should also apply in Wales, and the Bill is drafted on that basis. The Welsh Government are preparing a legislative consent motion so that the Bill can be extended and applied in Wales.
It is the Government’s view that the subject matter of this Bill is considered to be within the legislative competence of the Scottish Parliament and the Northern Ireland Assembly. I have commended Northern Ireland for having already set the maximum penalty for animal cruelty offences at five years’ imprisonment in August 2016, and I am pleased that the Scottish Government have announced their intention to do so as well. This country has some of the highest animal welfare standards in the world, but our maximum penalties are currently among the lowest. An increase to five years’ imprisonment should be introduced to enable the courts to have more appropriate sentences at their disposal for the most serious crimes of animal cruelty, and to reinforce our position as a world leader on animal welfare.
The Government are pleased to be taking forward this positive step on animal welfare. Just a month ago, we introduced a ban on third-party sales of puppies and kittens, and we have introduced mandatory CCTV in slaughterhouses. The Bill follows the previously mentioned passing of Finn’s law and we are also demonstrating the importance of the value of wild animals with the Wild Animals in Circuses Bill progressing well through the other place. The Animal Welfare (Sentencing) Bill is a fundamental step in ensuring that we have an appropriate response to those who inflict deliberate suffering on innocent animals and, for the reasons I have set out, I commend the Bill to the House.
The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)
I would like to thank the Members who have made valuable contributions to this important debate. As has been explained, one of the key purposes of the Bill is to ensure that there is a deterrent to animal cruelty by extending the maximum sentence possible. The many examples that have been given, particularly by the hon. Member for Redcar (Anna Turley), will reverberate among those for whom the welfare of animals is close to their heart. I am on to my fourth rescue dog, and it is noticeable that when a dog’s history is not known, they often flinch when they see people of a certain character, which perhaps reflects the horrendous experience they have been through. They often require a lot of extra training and support to recover from that.
I genuinely hope that this legislation, which has good support, will make quick progress under the stewardship of the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley). I should point out that the Bill is just one element of the action that the Government intend to take to improve animal welfare. There have been a number of pieces of legislation, and I hope they will soon be joined by this Bill and the Wild Animals in Circuses (No.2) Bill, which is progressing well through the other place.
I now turn to the points made by individual Members. The hon. Member for West Bromwich West (Mr Bailey) mentioned feral cats. It is important to state that the Animal Welfare Act 2006, which this Bill is modifying, covers protected animals. In its legal definition, a protected animal is a vertebrate animal of a kind commonly domesticated in the British Isles. This Bill ensures that stray dogs and feral cats will be covered.
Several Members, including my right hon. Friend the Member for East Yorkshire (Sir Greg Knight) and my hon. Friend the Member for Southend West (Sir David Amess), have referred to the issues of horse tethering. The Animal Welfare Act 2006 and these new maximum penalties will absolutely apply to horse tethering where that leads to unnecessary suffering. Horse tethering is fully covered in the equine welfare code made under the 2006 Act, which gives clear guidance on appropriate tethering. Anyone not tethering in line with the statutory code risks prosecution under the Act. My hon. Friend the Minister recently hosted a roundtable with local authorities and welfare bodies, and he agreed to share best practice on enforcement on this very specific issue.
The hon. Members for Workington (Sue Hayman) and for Ipswich (Sandy Martin) both mentioned wildlife, as did the hon. Member for Bristol West. The House will be aware that this Bill is specifically about amending the Animal Welfare Act 2006. Other legislation does apply to wildlife, with different levels of penalties that can be imposed, including unlimited fines. However, I am conscious, as they are, that the commitment was specifically made to amend this Act. Who knows whether there will be opportunities for further legislation in a new Session of Parliament, if—dare I say it?—we are ever allowed to prorogue so that we can move on to the next Queen’s Speech. That is a matter for debate on another day.
It is important, as my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) said, that we consider Finn’s law part two, or the sequel, but this Bill does actually provide good strengthening. He referred to other parts of the United Kingdom, but it is important to say that this is a devolved matter and the Government take that seriously. I want to commend him and others for their national campaign and what they have been doing to take the case to other parts of the United Kingdom. As the hon. Member for Penistone and Stocksbridge (Angela Smith) said, Northern Ireland is already at that stage, and we will be joining it.
The hon. Lady mentioned the Lord Chancellor’s proposals about custodial sentences. My right hon. Friend is considering the issues relating to more minor, short-term custodial sentences. He is on record as saying that there is a very strong case to abolish sentences of six months or less altogether, with some closely defined exceptions, but any such proposals do not affect this Bill, which is about increasing the maximum available penalty for animal cruelty to five years. It may apply to the more minor offences under the Animal Welfare Act, but those offences, such as in section 9, do not generally attract a custodial sentence now, and an unlimited fine will continue to apply.
We also have the issue of the sentencing guidelines. The Government have already been in contact with the independent Sentencing Council about the change to the maximum penalty, which we hope Parliament will introduce shortly. There is already an existing sentencing guideline in relation to animal cruelty offences under the Act. It was reviewed and updated by the Sentencing Council as recently as 2017. However, I am pleased to say that the council has confirmed that, once the Bill is passed, it will consider the need to revise the guidelines and any revision would involve a public consultation.
Angela Smith
I am grateful to the Minister for the clarification she has given, but let me be clear that, in my speech, I was absolutely defending the need for this Bill in the context of the potential change in the law in relation to six-month sentences, which I think strengthens the need for this legislation. That is all I will say.
Dr Coffey
I entirely agree with the hon. Lady’s point, which is why I am sure the House welcomes what she has said and also the progress on the Bill.
The hon. Member for Redcar referred to filming and to making this an aggravating factor. I think this is a very useful point, and we will certainly raise it with the independent Sentencing Council. As I have said, it has already indicated that it will consider and revise the guidelines once this Bill has become legislation.
One of the things my hon. Friend the Member for Southend West mentioned was enforcement. Under the Animal Welfare Act 2006, it is for local authorities, the Animal and Plant Health Agency and indeed the police, which all have powers of entry, to inspect complaints of suspected animal cruelty and take out prosecutions, where necessary. It is for local authorities to make decisions about what they consider to be local priorities, rather than for the Government to decide. However, it is important that local authorities have the opportunity, as they do now, to continue to work in close partnership with others. We know that the RSPCA does investigate allegations of cruelty. It has successfully prosecuted between 800 and 1,000 people on average every year, and in doing that, it does a very valuable job.
My hon. Friend the Member for Clacton (Giles Watling) mentioned the impact of animals being held in kennels. I think it is fair to say that we do not necessarily expect a large number of cases to come before the Crown court, where the issue about the length of time may arise. At present, we estimate that about 25 cases that would previously have been held in the magistrates courts may well now be held in the Crown court. However, we consider that only a very small number of animals may need to be held in kennels for an extended period.
We cannot say from the Dispatch Box today precisely what decisions will be made about which animals would need to be taken away from the owner while somebody is awaiting sentencing, and such an action would not necessarily follow. However, it is also important to state that the Animal Welfare Act has provisions that allow a court to disqualify anyone from having animals, if necessary for life, if they have been convicted of an offence.
The court can also issue orders under section 3(6)(b) of the Bail Act 1976 to prevent the commission of further offences while on bail. The courts can make the sale of existing animals, and indeed a prohibition on owning animals, a condition of a defendant’s bail. It is important to stress that courts already have the power not only to prevent people on trial for animal welfare offences from acquiring new animals, but to remove the animals they already have. I do not believe we need further legislation to bring that about.
On what was said by the hon. Member for Bristol West, this legislation does apply to farmed animals. It is about animals that are under the care and protection of humans. I am pleased that she recognises the things we have done on animal welfare.
Dr Coffey
I am going to try to answer the points the hon. Lady made, and I have said that I would then give way.
We have made CCTV mandatory in slaughterhouses in England, as she has pointed out. As she is aware, we are considering carefully the export of live animals. The Farm Animal Welfare Committee has recently submitted its advice on the welfare of animals in transport, which includes advice on controlling live exports—not only to the Government, but to the devolved Administrations. We are considering that carefully, and we aim to publish it with a Government response in due course.
Kerry McCarthy
All I wanted to say was that the Minister has twice referred to me as the Member for Bristol West, and I am the Member for Bristol East. I would have thought she would know that by now, because we do tend to go head-to-head rather a lot.
Dr Coffey
I do apologise. The hon. Member for Bristol East (Kerry McCarthy) was not here at the start of the debate, and I thought my hon. Friend the Minister had referred to her as the Member for Bristol West, but I do apologise.
On the other issues that have been raised, I was pleased to hear from the Members who made contributions today. A number of interventions were made by my hon. Friends the Members for North Herefordshire (Bill Wiggin) and for Tiverton and Honiton (Neil Parish), and my right hon. Friends the Members for Wokingham (John Redwood) and for Rayleigh and Wickford (Mr Francois), as well as by the SNP spokesperson on these matters, the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron). It is important that we continue to make good progress in Committee, so that we can bring this Bill swiftly back to the House and it can make its way to the other place. With that, I commend this Bill. The Bill represents the fact that we are a nation of animal lovers, and it certainly reinforces that.
Question put and agreed to.
Bill accordingly read a Second time.
Animal Welfare (Sentencing) Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Animal Welfare (Sentencing) Bill:
Committal
(1) The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
(2) Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Thursday 25 July 2019.
(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
(4) Proceedings on Consideration and any proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which proceedings on Consideration are commenced.
(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
(7) Any other proceedings on the Bill may be programmed.—(Mike Freer.)
Question agreed to.