Snares

Lord Spellar Excerpts

Monday 9th January 2023 Westminster Hall

[Nick Fletcher]

I thank the hon. Member for her contribution. No one could say that what I have just read is how we would want any animal to die—the petitioners would no doubt agree. In the vet’s opinion, the young male badger died as a result of asphyxiation caused by a ligature placed around his neck—probably a snare. That is not a pleasant read.

I posted on social media that I was to lead this debate and it was widely shared. Many, many people posted comments, the vast majority, if not all, of which were totally opposed to the continued use of snares.

[John Spellar (Warley) (Lab)]

We should always be slightly cautious about self-generation on social media, although it can be indicative. Even more relevant is the opinion polling, which shows that well over three quarters of the population believe that snares should be banned. The opinion of this House over several years, even decades, has been very clear, so is it not time for the Government to introduce legislation on this and other animal welfare issues? We do not seem to have a great deal of business holding us up at the moment, so perhaps they should get on with it.

[Nick Fletcher]

I thank the right hon. Gentleman for his comments, and I will talk about that further. As he says, the opinion polls show that people definitely lean towards banning snares, but we need to debate the subject, which is why the petition has been brought to the Chamber today.

My starting point is the same as that of the commentators and petitioners: nobody wants to see any animal harmed, never mind killed, unless there are very strong reasons to do so. Nevertheless, animals are killed and people support that. For example, dangerous dogs that have harmed or even killed a child are put down.

Our feelings make it difficult to move to the other side of the debate, but we must do so. It is a debate, not a platform where only one view can be heard. There must be no cancellation here. We therefore need to ask why snares are being used in this day and age. Are there good reasons for their continued use? In life, we learn that there are always two sides to a story, and that is especially the case for MPs. I have never found that everybody has agreed with me about everything I have said. We all have different views, and I welcome the fact that we live in a democracy—a country in which freedom of speech is so strong. Many countries are not so blessed.

I have made efforts to speak to those who support the continued use of snares. I wanted to know why they believe that snares are a good thing, given what the DEFRA review found. One gamekeeper I have been in contact with told me that if snares are used in compliance with current legislation, they are a humane way of protecting not only the farming world’s livelihood but the environment. I am not convinced that the aforementioned badger would agree with any of that, but for the record I have not had clarification about whether the incident involved an illegal snare or a legal snare.

That brings me to the snare itself. We talk about snares, but what is a legal snare? Not all snares are illegal, and there are regulations in force determining what is. Let me tell Members what I discovered. The snares, now called humane cable restraints, are engineered with five safety devices. Two swivels—an anchor swivel and a middle swivel—reduce entanglement. Next, it is a legal requirement in the UK for the running eye to be free-running to help reduce strangulations. Previously, snares were ratcheted, and strangulation often occurred not just to the intended creature but to non-target animals. Ratcheted snares are now illegal. A fixed stop allows smaller animals to remove themselves, and also reduces the chance of strangulation of the target animal—apparently mainly foxes. The final component is a break-away device so that if animals of a certain size pull hard enough against the snare, it will break and they will be set free. Those devices were initially tested by 34 gamekeepers across the country and proved to be much improved on the previously used snares.

The law says that snares should be checked every 24 hours. The code of practice states that it should preferably be before 9 am each day, and if the gamekeeper is able the snare should be inspected again at the end of each day. If that procedure is rigorously followed, it should minimise the number of captured animals that go through the pain that the previously mentioned post-mortem report described. Whether it is rigorously followed is a fair question. The device should also be inspected daily for signs of rusting or fraying of the cord. It should also be checked to ensure it is working—in particular, the effectiveness of all the safety devices should be checked.

The subject is emotive and I can understand the petitioners’ point of view and why, in an animal-loving country such as ours, many people want to stop this method of capturing animals. It is natural to feel that way, and I share those feelings, too. However, gamekeepers do much to look after our countryside, and they say they need snares to enable them to do their job. I have heard that they are stopping some birds becoming extinct. Lapwings and curlews are two examples of birds that are in danger of becoming extinct to the west of the UK; foxes are to blame for much of their demise.

A relative townie like me can easily sit in an armchair and say that the use of snares is wrong and even barbaric, but I am conscious that I have little understanding of the countryside and the steps necessary to protect it. Those who have spent their lives in the countryside say snares are necessary. We need to know who is right and who is wrong—we need evidence. I am therefore pleased that the Government consider it timely to open a call for evidence to make sure they have the very latest understanding on the issue. It is essential that both sides of the argument are listened to. Cancel culture is iniquitous and has no place in a functioning democracy.

I believe I speak for many, if not all of us, when I say it is also essential that we reduce any inhumane treatment of our wildlife while still helping gamekeepers to protect our countryside. I believe there are many areas in life where there is a solution if legislators, animal rights groups, activists, concerned citizens and all those in the countryside sit down and talk things through. This surely must be one such issue.

With Wales and Scotland moving quickly towards a complete ban on snares, time is of the essence for such talks and solutions such as humane snares, reflective dishes, electric fences or even high-sonic devices could be used. I am told that many in the countryside do not believe that tighter legislation will work, but gamekeepers believe that mandatory training will. That issue also needs to be addressed.

I am grateful to the petitioners for bringing the debate to Parliament. We need to establish the evidence and make any necessary adjustments to the legislation that are appropriate and proportionate. What they should be is not exactly known yet. However, the process must start, and I look forward to its conclusions. I therefore hope the debate is the start of a sensible conversation, where tempers are not frayed and a solution can be found.

Hunting Trophies (Import Prohibition) Bill

Lord Spellar Excerpts

Friday 25th November 2022 Commons Chamber

[Ben Everitt (Milton Keynes North) (Con)]

It is a pleasure to follow my hon. Friend the Member for Scunthorpe (Holly Mumby-Croft)—sunny Scunny. I thank my hon. Friend the Member for Crawley (Henry Smith) for his brilliant work on this much-needed Bill, and on the broader issue of animal welfare. The UK is playing a leading role in standing up for animal welfare around the world.

Through the action plan for animal welfare, the Government have introduced—and continue to introduce —a series of vital reforms in areas such as animal sentience, farm animal welfare and international advocacy. Last year, the Animal Welfare (Sentencing) Bill became law, which saw the introduction of some of the strictest sanctions in Europe for animal cruelty offences. The Animal Welfare (Kept Animals) Bill aims to fortify protections for pets, livestock and kept wild animals. Through that legislation, the Conservative party is delivering on our 2019 manifesto commitments, and I look forward to its return to the House when parliamentary time allows.

On the central issue of hunting trophies, I am sure that many hon. Members have seen images on social media of hunters standing over slain lions or elephants. These are appalling acts of needless violence that are having a damaging effect on global conservation efforts. It is high time that the UK played its part in cracking down on that practice.

The report by the APPG on banning trophy hunting is damning and eye-opening. In it, we hear about the extensive operation behind trophy hunting, where online forums advertise so-called trophy hunting holidays. It is not my kind of holiday—nor one that would be enjoyed by any hon. Members. The hunting industry is seemingly driven by organisations offering prestigious prizes for shooting a certain number of species. Perhaps, when hunters cannot bring back their trophies to the UK, the motivation for travelling across the world to kill endangered animals will be far less powerful.

[John Spellar (Warley) (Lab)]

The hon. Member rightly mentions the organisations that are operating. It appears that many supposedly grassroots organisations, particularly in Africa, are actually driven by the fanatical United States gun lobby. Should we not say to people who fall for that—interestingly enough, that is not many members of the British hunting community—that they need to distinguish between grassroots and astroturf?

[Ben Everitt]

The right hon. Gentleman is absolutely right and makes his point well. We in this House are limited as to what we can control through the scope of the Bill, but this is what we can do to make a difference. I am sure that the National Rifle Association will be poring over Hansard and reading his comments with trepidation.

The practice of killing endangered animals for the purpose of hunting trophies is abhorrent and immoral, and many of my constituents in Milton Keynes North feel the same. We in this House have the power to do our bit to tackle this despicable practice by introducing one of the toughest bans in the world on the import of hunting trophies through the Bill.

This strict import ban will have a twofold impact. First, we will make huge strides towards putting a stranglehold on this damaging practice. Secondly, by cutting off the ability of hunters to bring back their hunts, we will support the conservation of thousands of endangered species. In Kenya, for example, where trophy hunting is banned, the populations of lions, rhinos and elephants are rising fastest. As highlighted in the APPG’s report, animal populations have benefited hugely from trophy hunting bans in Botswana and Zambia.

It is clear that there is a strong mandate for a ban on trophy hunting imports. Hon. Members on both sides of the House want to see those imports banned, and public opinion, as we have heard many times, reflects that strongly. The Bill is about more than just a ban on trophy hunting imports; it is about dealing a significant blow to the industry and organisations that thrive and profit from trophy hunting. That is an important cause that I hope the House will support.

Genetic Technology (Precision Breeding) Bill

Lord Spellar Excerpts

Report stage & 3rd reading
Monday 31st October 2022 Commons Chamber

Those who took part in that detailed discussion would not be satisfied with the Bill as it stands, and I hope the Government have taken note. They, like us, want animal welfare concerns addressed. They want transparency and a stronger framework, and they want to be sure that the technology is used for the wider good, not just to maximise returns.

[John Spellar (Warley) (Lab)]

I am grateful to my hon. Friend for the constructive, pro-science approach that he is taking—it is not surprising, given the constituency he represents. Do we not also need to learn from the experience of the vaccine taskforce, which demonstrated how we can achieve results at pace without in any way infringing on safety and while still applying proper regulation? Is that not the challenge for the Government tonight?

[Daniel Zeichner]

My right hon. Friend, as always, speaks good sense. He is absolutely right; with focus and a proper attempt to meet the challenges we face, it is remarkable what can be done. But this needs leadership and, as ever, it is missing.

Let me turn in detail to the public interest test and our amendment 3. The potential benefits of gene edited crops include creating plants resistant to extreme weather conditions and diseases, which could reduce the need for pesticides and create higher yields to address rising food insecurity driven by climate change and other factors. Genetic editing could also be used to improve the nutritional quality of food. For example, giving farmers the tools to beat virus yellows without recourse to neonicotinoids is a prize worth having.

However, we must recognise that any new technology also carries risks: risks of unintended consequences; risks of technology being misused; and risks of commercial pressure being exerted in ways that might not be for the benefit of the wider public. Those are all risks that must be properly recognised and addressed, because unless public and investor confidence is maintained, research will stall and opportunities will be squandered. Unfortunately, the Government’s blind faith in the market means this is a laissez-faire, minimalist Bill, which does not come close to an effective regulatory framework to guide and oversee the work of researchers and developers.

Amendment 3 would therefore require that a gene edited organism has been developed to provide one or more of the public benefit purposes listed, if it is to be released into the environment. The amendment neatly recycles much of the wording in section 1 of the Government’s own Agriculture Act 2020, which lists the public goods that can be funded. We are simply applying the same approach to the development and use of gene editing technologies. We believe they should be used only where that is clearly in the public interest, including, for instance, in protecting a healthy, resilient and biodiverse natural environment; mitigating climate change; improving the health or welfare of animals or plants; and supporting human health and wellbeing.

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[Daniel Zeichner]

I am grateful to the hon. Gentleman for making that point, but of course there are always economic pressures and this is about making sure we guard against those. The Minister will be familiar with the chlorine-washed chicken debate, where lower welfare standards are disguised and the Government are always at pains to assure us, “We’re not going to tolerate that.” So they must not allow new scientific developments to be the tech equivalent; there must be no backsliding.

Referring to the power of gene editing to reduce the risk of disease, Nuffield’s 2016 ethical review of genome editing highlighted the problem. It said:

“If this risk were reduced or removed altogether then it might be easier to pack more animals together in crowded spaces.”

That is the concern, so let us guard against it. We believe we can create a regime that can do much better than that, but it requires this Bill to be strengthened to make it happen.

On transparency and labelling, the research carried out by the Food Standards Agency and others has clearly found that although consumers support genetically edited foods having a different regulatory system from genetically modified foods, they overwhelmingly want effective regulation of gene edited products, with transparent information and clear labelling.

The Government are trying to gloss over the issues by inventing the entirely non-scientific term “precision breeding”. I could speak at length about this term; I will not, but there is much dispute about it. It is a term without clear scientific meaning. Frankly, it has been invented by the Government for their convenience and is a misnomer. Telling us in a rather paternalistic tone that we need not worry because there is no difference between gene edited or traditionally bred crops and livestock does not convince. There is a risk that, as worded, the Bill will allow trans-genetic transfer—effectively, GM through the back door. I know the Government deny and dispute that, and we had a lengthy discussion about it in Committee, but I and many others remain unconvinced.

Leaving that matter aside, it is perfectly reasonable for people to want, and to be able to know, how their food has been produced. Clear labelling is the way to deal with another potentially difficult issue: the legitimately held views of different Administrations in the UK. It is fair to say that the devolved Administrations are not happy with the way in which the issue has been handled so far. I suggest that the Government tread carefully. Clear labelling is a sensible way forward.

Labour is also concerned at the number of key elements of the Bill left to secondary legislation, with little or no opportunity for scrutiny or amendment. The Government must spell out the detail to boost confidence for businesses and consumers. The organic sector and those developing cultivated meat have expressed concerns over the lack of clarity in the Bill, which once again risks driving investment and research elsewhere.

It should not be forgotten that the Regulatory Policy Committee made a damning impact assessment of the Bill, giving it a red rating because it failed to take into account the impact of creating a new class of genetically modified organism; failed to assess the impact on businesses, especially SMEs; failed to acknowledge and assess competition, innovation, consumer and environmental impacts; and failed to address the impacts arising from removing labelling and traceability requirements. I hope the Minister will address those points.

In addition to that list of failures, the Bill fails to address the trade implications of the misalignment in regulation of genetically engineered organisms between the UK’s devolved nations and with our EU neighbours. That could have a significant impact on many food businesses that are struggling to rebuild trade with EU countries despite all the self-inflicted red tape, added costs and barriers that the Government have created.

[John Spellar]

Is not the EU in a slightly difficult position because of a perverse judgment from the European Court of Justice against the views of many EU nations, which would have taken the same rational position as my hon. Friend on gene editing? If we take the lead on this issue and do not wrap ourselves up in endless judicial review and litigation, could we not work with our European neighbours and partners to bring an advance not only in this country, but across Europe?

[Daniel Zeichner]

My right hon. Friend speaks good sense once again. Of course, that quite legalistic judgment was met with surprise by many. The question is how we go forward. Others in Europe are going forward as well. I suspect that we will end up in similar places at similar times, but it would be sensible to end up in a much more similar place than looks likely if we pursue the Bill as it has been developed so far. The worry is the effects that the changes are already having on sectors such as the organic sector, which used to have exports to the EU worth some £45 million a year, according to Organic Farmers and Growers, which rightly remains concerned about the Bill as it stands.

Much more could be said on a topic that is as fascinating as it is interesting and important, but I will spare the House and direct those Members who are interested to look at the detailed discussion in Committee. Tonight I will end where I started and restate Labour’s commitment: we are pro science and pro innovation. We are in no doubt that gene editing could bring real gains in improving environmental sustainability and reducing food insecurity. Science and technology used for public good can be a huge boon, but to achieve that—to give investors, researchers and the general public confidence—we need a much stronger regulatory framework.

At the moment, as ever with this Government, the approach is simply to leave it to the market. They think that minimalist regulation is the way forward, whereas we say that good regulation is the way forward—a fundamental divide in this Chamber. I would simply say that, given the evidence from the fundamentalist deregulatory experiment carried out on our country over the last few weeks, one hopes that those on the Treasury Bench might just have learned something.

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[Mark Spencer]

Of course it is. I encourage those devolved Administrations to get on board and to support this new tech. They should embrace it and give their farmers the same advantage that we will hopefully achieve in the world marketplace.

[John Spellar]

rose—

[Mark Spencer]

I keep saying that I will take a final intervention—the Whips will start to get upset with me, but I will take the right hon. Gentleman’s intervention none the less.

[John Spellar]

I was hoping the Minister would expand on some other areas, but can he respond to my point about how the vaccine taskforce has shown that science and proper regulation can work at pace for the benefit of our people? Moreover, will he address the question of what protection the Government will give to institutions engaged in this area, whose facilities may be targeted for vandalism by those who are anti-science?

[Mark Spencer]

I can address many of those points when I sum up the debate, but I am interested to hear other comments from Members around the Chamber before I do so. However, I say to the right hon. Gentleman that the sector already has some robust regulatory bodies, and we want to give them the power to regulate and oversee this technology. What we do not want to do is bind the hands of those bodies so that, in 20 years’ time, we have to re-legislate for another similar structure. We will have a robust regime in place, albeit heavily regulated, that allows the flexibility for this technology to go in directions that we cannot foresee at this moment.

Mr Deputy Speaker, I look forward to further comments from colleagues and to responding to them later in the debate.

Oral Answers to Questions

Lord Spellar Excerpts

Thursday 27th January 2022 Commons Chamber

The hon. Member for Broxbourne, representing the House of Commons Commission, was asked—

[John Spellar (Warley) (Lab)]

10. What steps the Commission is taking to increase the proportion of British food bought for sale in the House’s catering outlets.

[Sir Charles Walker (Broxbourne) (Con)]

The right hon. Gentleman knows that the House of Commons food outlets serve 650 Members of Parliament, 420 members of the press lobby, and about another 17,000 passholders. It is the intention of all catering outlets, wherever possible, to buy British, and to serve seasonal vegetables, British meat and dairy, and, of course, the Champagne—or its equivalent—made in Hampshire and other parts of the United Kingdom, as well as local beers. However, those of course were not available during periods of lockdown, when no alcohol was served on the premises.

[John Spellar]

I thank the hon. Member for that helpful answer. May I urge him to take a proactive role and invite Members of Parliament to put forward local British suppliers so that we can benefit British businesses and British workers? Officials have no longer got the excuse of the EU to hide behind—it was never a real one anyway—so will they get on with that and have an active campaign?

[Sir Charles Walker]

Since we banished the EU from these shores, we have been just delighting in buying British. But there is more to do, and the right hon. Member needs to play an important part in that campaign. In the next few weeks, I expect him to lead a delegation to the Administration Committee of interested Members from across the United Kingdom, including Scotland and Wales—oh, and Jim Shannon—to demand that more is done. We shall try to meet those demands.

Real Fur Sales

Lord Spellar Excerpts

Tuesday 14th September 2021 Westminster Hall

[Christian Wakeford]

I completely agree with the hon. Lady. The fact that we have to advertise where our food is coming from but not where our clothes are coming from is wrong on so many levels.

We must now be strong enough to eradicate our involvement—I hope any involvement—in the perpetuation of these animals suffering for such a completely unnecessary, frivolous purpose as to be turned into a pompom on a hat or a trim on a collar. If we can legislate to say that the practice is too cruel in our country, we must take the next step and legislate to say that it is too cruel for us, in effect, to underwrite it in other countries as well.

[John Spellar (Warley) (Lab)]

From his representations to Ministers, has the hon. Gentleman had any indication as to the reasons for their reluctance to do something that would be so popular—justifiably so—with the public, in order to prevent this cruel trade and make a major contribution to eliminating it not only in the United Kingdom but across the planet? Would this not only be a major exercise, but one that is fairly simple and straightforward to do?

[Christian Wakeford]

Again, I completely agree. I hope I am not putting words in the Minister’s mouth when she responds, but it is the right, fair and humane thing to do. There is overwhelming public—

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[Taiwo Owatemi (Coventry North West) (Lab)]

Thank you, Ms Rees. I am grateful to be able to speak in this important debate, although I am frustrated that we need it in the first place.

In April, I introduced a Bill to the House that called for the fur trade to be banned once and for all in Britain. I called on colleagues across the House to step up and make history, making the UK the first country in the world to prohibit the sale of fur in full. I am therefore extremely disappointed that this cruel practice continues to be an issue in the United Kingdom. Twenty-two years ago, my hon. Friend the Member for Garston and Halewood (Maria Eagle) introduced a Bill to ban fur farming. She said it was time to

“put an end to a cruel barbaric practice”.—[Official Report, 5 March 1999; Vol. 326, c. 1339.]

That Bill was taken up by the last Labour Government and a year later it became law, making Britain the first country in the world to ban fur farming outright.

Despite that decision, the products of fur farming have continued for the past 20 years to be imported into our country and sold in our shops. We do, however, have the option of eliminating that double standard and once again making history by becoming the first country in the world to ban the importation and sale of fur. The Government have shown some willingness and stated that they want to drive up animal welfare standards in the United Kingdom. Banning the fur trade in its entirety, including fur imports, would be a bold step toward reaching these aims.

We need actions, not just warm words from the Government. In banning the fur trade, we will have the overwhelming support of the animal-loving British public. Many Members have spoken about the YouGov poll commissioned by the Humane Society International, which showed that 72% of the British public support a complete ban and that only 3% of people even wear animal fur. This year alone, over 60 of my constituents have reached out and asked me to take action against ongoing fur sales. I am sure every Member participating in the debate has received similar correspondence. My constituents have made it clear that they have had enough of this cruel and often violent industry. Fur stoles in the UK are often taken from animals that are killed by electrocution after having spent their short, unhappy lives inside crowded cages.

[John Spellar]

Given that there is such overwhelming support in this House and among the public for taking this measure, can anyone understand why the Government are so reluctant to do something that might, for once, make them popular?

[Taiwo Owatemi]

I am hoping the Minister will be able to answer that. We all hope that the Government will be able to provide some clarity on when they hope to ban the sale of fur.

Fur is regularly imported from the EU and several other countries. This is completely unacceptable. It is once again up to this House to set the highest standard possible, deciding what trade we believe to be ethical and wish to permit. I urge colleagues across the House to join me in saying that Britain no longer wishes to permit the barbaric trade in animal fur, instead choosing to make history instead by being the first country in the world to ban the trade in full. I call on the Government to step up and support tough legislation that would see the fur trade consigned to history. I thank the hon. Member for Bury South (Christian Wakeford) for securing the debate. We must all continue to speak out against the terrible practice.

Animal Welfare (Sentencing) Bill

Lord Spellar Excerpts

2nd reading & 2nd reading: House of Commons
Friday 23rd October 2020 Commons Chamber

[Chris Loder]

I thank my hon. Friend for his intervention. We have in excess of 1 million reports to the Royal Society for the Prevention of Cruelty to Animals of difficulties with animals or the mistreatment of animals. It results in fewer than 100 ultimate prosecutions, so that, further to the point made by the right hon. Member for Alyn and Deeside (Mark Tami), clearly indicates that the area of animal welfare needs much more attention, and particularly the enforcement point, as I shall come on to in my speech.

I am pleased to say that the Bill introduces one of the toughest punishments in the world and will bring us into line with the maximum penalties available in other Commonwealth countries, including those in Australia, Canada, New Zealand and India, which are all at five years’ imprisonment. With this Bill, we will lead the way in Europe on animal sentencing, where the average custodial sentence for animal welfare offences is currently just two years. It is a simple, yet vital measure that will ensure perpetrators who harm an animal by, for example, causing unnecessary suffering, mutilation or poisoning, face the full force of the law. That includes cases of systematic cruelty, such as the deliberate, calculating and callous behaviour of ruthless gangs who use dog fighting to fuel organised crime. The Bill will mean that the courts will have sentences at their disposal commensurate with the most serious cases, so that the punishment fits the crime. This will send a clear signal.

[John Spellar (Warley) (Lab)]

Like others, I congratulate the hon. Member on bringing forward this very important Bill. He touches on something very important: the link between these crimes and other criminality. Should it not be reinforced by Government to police forces and prosecutors that those who break the law break the law and, therefore, there should be many more prosecutions, because in many cases, these people are also involved not only in other crime, but, actually, in cruelty, particularly to children and other human beings?

[Chris Loder]

I wholly agree with the right hon. Gentleman that those who break the law and who carry out crimes, whatever those crimes may be, should feel the full force of the law. I am delighted that the Government support the Bill, and many other measures to tackle those crimes, to address that point.

The Bill will mean that the courts have sentences at their disposal commensurate with the most serious cases so that the punishment fits the crime. That will send a clear signal to any potential offender that there is no place for animal cruelty in this country.

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[Chris Loder]

I wholly agree with the hon. Gentleman on that. Part of the reason this Bill needs to be put forward is that the support from the organisations that specialise in animal care, such as those I have outlined, will increase the publicity of this much more. I invite all Members, both those here today and those who are not, and everybody watching on television, to support the case and make sure that this is well known.

We now have an opportunity to deliver a strong message to animal abusers that their behaviour will no longer be tolerated. When this Bill is passed, they can expect those tougher sentences. The increase in the maximum penalty for animal cruelty will be the first increase for such offences in more than 30 years, since another private Member’s Bill, from the then hon. Member for Ealing North, increased the maximum from just three months’ imprisonment and a maximum fine of just £1,000. I know that this House contains many hon. Members who have spoken up for animal welfare over the years, and I am sure we will continue to do so again. I hope that with the support of hon. Members from across this House this Bill will reach the statute book and make a real difference by reducing the instances of animal cruelty, as the hon. Gentleman highlighted.

Although this Bill will go some way to correct the deep injustices of cruelty to animals across this country, there are many aspects of animal cruelty that it does not address. I am sure Members on both sides of the House will speak about other areas of priority for animal welfare, such as addressing pet theft and the right to keep family and pets together no matter what the accommodation arrangements. At that point, I should pay tribute to my hon. and dear friends the Members for Ipswich (Tom Hunt) and for Romford (Andrew Rosindell), who is not in his place. I should also thank my hon. and dear friend the Member for Redcar (Jacob Young), whose kind concern, support for the Bill and help I appreciate.

[John Spellar]

rose—

[Chris Loder]

If the right hon. Gentleman does not mind, and as I have given way once to him already, I would like to make a bit more progress.

I particularly look forward to when the Government will introduce legislation on animal sentience as well, a matter that has given the Select Committee on Environment, Food and Rural Affairs much cause for concern. I pay tribute to its Chairman, my hon. Friend the Member for Tiverton and Honiton, for his work and to its members who are present, especially my hon. Friend the Member for Keighley (Robbie Moore).

Two areas of animal welfare concern should be firmly on our list of priorities as the nation’s Parliament. The first is live animal exports. It is disgraceful that our well-cared-for farm animals can be loaded on a lorry and sent thousands of miles by land and sea to a destination in southern Europe. As if that is not bad enough, these poor animals go on to be slaughtered not even in continental Europe but in places such as Libya and Lebanon, as reported by the BBC a couple of weeks ago.

For those who believe that the National Farmers Union is on the side of animal welfare and that this Government are not, I say that it is this Conservative Government who want to stop live animal exports. Who is it that wants live exports to continue—for our cows and other animals to be subjected to a disgraceful level of care and slaughter, thousands of miles away from the United Kingdom? It is the National Farmers Union. Today I call on Members to ensure that this Parliament delivers on the Conservative manifesto pledge to stop live animal exports. Let us remind ourselves of how that pledge became possible.

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[Kerry McCarthy]

Well, the hon. Gentleman did thank the hon. Member for Redcar, and he did not mention Anna, but let us not quibble over it. She does deserve a lot of credit for her indefatigable campaigning on this issue, and I have to say with no offence to the current hon. Member for Redcar that I miss her in this place.

The Government never really explained why they would not support that Bill back in 2017, and then we got bogged down in the process of bringing in a joint sentencing and sentience Bill for pre-legislative scrutiny—the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Tiverton and Honiton (Neil Parish), is nodding away, because we both went through that process. It was basically all about the sentience side, and I would argue that it was about delaying the sentience side, which I will come on to later. There was no need for pre-legislative scrutiny of one clause that talked about sentencing.

We then debated another version of the Bill on 10 July 2019. I recall the Government saying then that it was really important to legislate as quickly as possible. The Bill went into Committee, and I was on that Committee. The Government wanted to get it done and dusted before summer recess, so they did not want to talk about any amendments or complicate things. There was a suggestion that there should be a more severe penalty for those who film themselves indulging in animal cruelty and post it online, partly as a deterrent, but also because such actions encourage other people to indulge in that behaviour. I must admit that quite a lot of 2019 is a bit of a blur to me. We did not know whether we were proroguing or nor proroguing, getting a Brexit deal or not getting a Brexit deal, having an election or not having an election.

That Bill did not become law either. The Government promised to legislate in autumn 2019, and then they called an election. I mean no disrespect to the hon. Member for West Dorset, but I do not see why, when this was in the Queen’s Speech, it has been left to a private Member’s Bill—it could have been Government legislation. I see the hon. Member for Southend West (Sir David Amess) in his place. He was here when we debated this in 2019, and he joined me in saying that there was so much of this legislation—the Wild Animals in Circuses Bill was another example—where the Government kept saying, “We really want to do this, but we just don’t have time to bring it forward.” But there have been loads of days when we have been on a one-line Whip, having general debates. We could have got this legislation through in one day, and then everyone could have taken part, and by now it would have been law.

Although the Government will seek to get a lot of credit for supporting this Bill now, it could have become law in 2017 when Anna Turley first proposed it. That means that we have had three years of light sentences for the very worst animal abusers and three years of not being able to send out a strong message to potential abusers that they would face five years’ imprisonment. That deterrent has not been there, and that is a great shame. Having said that, I welcome the fact that we are here now. I hope that the accelerator will be pressed and the Bill will get through Committee quickly and through the House of Lords, and perhaps by year end it will be law.

While we are talking about the messages that are sent out and the importance of a deterrent, I think that children should be taught about animal welfare in schools. Far too many people, and particularly young men, think that the way to treat a dog is to be very harsh with it, to abuse it and to almost beat it into submission, as if that is the way to train a dog. There are others who abuse animals because they find enjoyment in it. Discussing animal welfare at an early age—particularly for children from families that do not have pets—would be really important in instilling the right behaviour and helping people to understand what owning a pet is all about.

I would not want to do anything to delay the Bill, but I hope that reports of a far more comprehensive animal welfare Bill are true, because they have been kicking around for quite a while—I see the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Banbury (Victoria Prentis), smiling. Animal welfare is about a lot more than being nice to puppies or pets generally. There seems to be a focus on what I would describe as the low-hanging fruit, which is the “being nice to puppies” end of the spectrum. It is great that we have legislated for things such as Lucy’s law and trying to crack down on puppy farming, although I understand from Marc Abraham, who promoted that campaign through Pup Aid, that there are still some concerns about loopholes, so there is a new petition about the need to tighten that up. Finn’s law was a really good step. A petition on pet theft was discussed earlier this week in Westminster Hall, and there are also debates about ensuring that the law on microchipping is enforced.

[John Spellar]

My hon. Friend rightly mentions microchipping. It appears that there has been very limited enforcement of that by the police. Does she agree that the Home Office ought to give clear instructions to police forces that this is the law of the land and therefore they need to enforce it? I suspect that the police will find that the perpetrators are often subjects of interest in other criminal matters as well.

[Kerry McCarthy]

I thank my right hon. Friend for that intervention. He is absolutely right, and of course there is the whole question about how animal welfare is enforced at a local level and what resources that are made available. In the Environment, Food and Rural Affairs Committee, we have also debated the dangerous dogs legislation—the breed-specific legislation and things like that—and it really is a question of resources on that front.

As I said, there is a lot going on about being nice to dogs, in particular, and to pets, but at the same time as we talk about Britain having the highest animal welfare standards in the world we still allow hunts to flout the hunting ban. We repeatedly see stories of people basically getting away with chasing a wild animal and ripping it to shreds; they are not being prosecuted for that. Millions of game birds are raised in factory farms in France, Spain, Portugal and Poland and imported into the UK every year and shot in the name of sport. People will have different opinions on shooting as a sport, but I think we can all agree that the conditions in which those birds are raised in those factory farms and in which they are imported are very questionable, aside from the separate issue of driven grouse shooting, which we have discussed in Parliament recently. We are also allowing the “unscientific, inhumane and ineffective” badger cull, to quote the experts, to go ahead, with thousands more badgers due to be slaughtered this autumn.

We have also seen a failure to curb the unnecessary rise in animal experimentation and to address what leaving the EU means for the duplication of experiments if we are not subject to REACH, the EU regulation on the registration, evaluation, authorisation and restriction of chemicals. I always feel that I have to say this when I speak on this issue: I am not totally opposed to all animal experimentation. I have a niece with cystic fibrosis, and I would want to see whatever is possible done to procure medical advances that might help solve those genetic issues, but I think most people would agree that a huge number of unnecessary animal experiments are still being carried out. There is so much duplication and so little data-sharing, and that will become worse once we leave the EU because we will not be part of the same regime. That is a cause for concern.

The hon. Member for West Dorset mentioned live exports. Again, a promise made during the Brexit referendum campaign was that we would end the practice. I would argue that we could have done a lot more, because the EU set minimum standards that governed the export of live animals and we could have gone further. As I understand it, there were efforts in the EU led by, I think, Germany and the Netherlands, to reduce the number of hours for which animals could travel, but the UK opposed that in EU negotiations before the Brexit referendum. Before the general election, the latest news was that the Government were going to ban live exports for fattening but not for slaughter, and there was no real explanation as to why that was the case, but we may have moved on.

Oral Answers to Questions

Lord Spellar Excerpts

Thursday 25th June 2020 Commons Chamber

[Victoria Prentis]

I cannot discuss the individual cases, but I can say that applications were reviewed by a panel of experts, including several representatives from the catching and processing sectors. The judging panel awarded funding to projects that best met the criteria, especially those that could deliver benefits to a range of fishing businesses.

[John Spellar (Warley) (Lab)]

What estimate his Department has made of the increase in plastic waste as a result of the covid-19 outbreak.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

DEFRA continues to monitor the impact of covid-19 on material flows. We have made no specific estimate of the impact of the outbreak on levels of plastic waste. However, we remain committed to eliminating the scourge of avoidable plastic waste by 2042, as demonstrated by our plans to ban single-use plastic straws, stirrers and cotton buds, which we discussed in this very Chamber just a week ago. We continue to monitor recycling rates for plastic packaging and we have committed to introduce a deposit return scheme for drinks containers to incentivise people to recycle more plastic.

[John Spellar]

May I suggest that the Department actually needs to get on and make some plans for this? We are talking about not avoidable but unavoidable plastic waste, because the covid-19 crisis has clearly necessitated the use and disposal of massive quantities of disposable personal protective equipment, much of it plastic, and new mitigation measures for the catering and hospitality industry will generate another wave. We all accept that this is necessary to protect health and get Britain back to work, but what is the Department going to do now to deal with this volume of waste, much of it plastic?

[Rebecca Pow]

I thank the right hon. Gentleman, who raises some good points. This Government are absolutely committed to getting rid of plastic waste, as our resources and waste strategy shows, and as measures in the Environment Bill will demonstrate by bringing forward the deposit return scheme and extended producer responsibility. We need to get all businesses to think about what happens to the plastic products they make at the beginning and where they end up, with a view to greatly reduced quantities going to landfill. He raises a good point about PPE. Many companies are rethinking all this, and lots are now starting to have reusable face coverings and to make their own. There is a very useful guide to that on the Government website.

Oral Answers to Questions

Lord Spellar Excerpts

Thursday 19th March 2020 Commons Chamber

[Rebecca Pow]

My hon. Friend raises an incredibly interesting point. It is something I am personally very interested in. As we speak, there is a project under way to plant kelp and to look at how its carbon capture is going. Mudflats are similarly really important, as are salt marshes. There could be a big future for this on our new horizon of dealing with the land and the landscape. All this carbon capture is a new feature in relation to climate change, and I think kelp will definitely be part of it.

[John Spellar (Warley) (Lab)]

The Minister has talked a lot about planting trees, but made no mention of where those trees will come from; in other words, will they be sourced within the UK or will we be importing them, which will have an impact not only on employment but on the importation, as we have seen previously, of pests and diseases? Will the Minister therefore give long-term contracts to the horticultural industry so that it can rapidly ramp up the production of seedlings, for the sake of the British economy and as a health and safety measure ?

[Rebecca Pow]

I forgive the right hon. Gentleman for going on, because it is brilliant to mention horticulture. Horticulture is such an important part of this country, and we are in discussions with nurseries, because he is absolutely right that they have to provide these trees. We would obviously like as many as possible to come from the UK, because that is very important, particularly on biosecurity grounds. I see a great new future in that for those nurseries, and we are in discussions with the industry.

--- Later in debate ---

[George Eustice]

My right hon. Friend makes an important point. During this situation, we need everybody to be considerate to others. A number of supermarkets have piloted the idea of a reserved hour at the start of each day for the elderly and most vulnerable. That appears to be working and we will encourage others to do that. There is a limited amount of delivery capacity—currently about 7% of the market—but we will increase that if we can.

[John Spellar (Warley) (Lab)]

T4. As part of the key worker strategy, will the Secretary of State recognise the crucial importance of food and drink manufacturing and distribution in the food chain? In discussions about the long-term sustainability of the industry, can he and his colleagues persuade the Treasury to abandon its dogma for public purchasing that cheapest is always best?

[George Eustice]

When it comes to public procurement, for a number of years, we have had an approach called the balanced scorecard, which means that it is not all about price and that our procurement authorities should also take into account quality and other factors, too.

Animal Welfare (Service Animals) Bill

Lord Spellar Excerpts

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

[Sir Oliver Heald]

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.

[John Spellar (Warley) (Lab)]

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.

[Sir Oliver Heald]

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.

--- Later in debate ---

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

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.

[John Spellar]

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]

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.

Oral Answers to Questions

Lord Spellar Excerpts

Thursday 29th November 2018 Commons Chamber

The right hon. Member for Carshalton and Wallington, representing the House of Commons Commission, was asked—

[John Spellar (Warley) (Lab)]

1. What steps the Commission is taking to increase the sale of UK-produced food and drink (a) in catering outlets and (b) for events hosted on the parliamentary estate.

[Tom Brake (Carshalton and Wallington)]

The right hon. Gentleman will be very pleased to know that there is a lot of promotional activity for British food. For example, Red Tractor Week took place in September, and we worked with British farmers and the National Farmers Union to promote British food. He will also be pleased to know that the wine list in Strangers’ and Members’ includes a good selection of English wines. Something that he may want to consider—if he has not already taken advantage of it—is that individual Members can ask for a specific cask of ale from an independent regional brewer from their constituency to be placed in the Strangers’ bar.

[John Spellar]

I am certainly aware of the provision for regional breweries in the Strangers’ bar. I congratulate the right hon. Gentleman on the steps that the Commission has taken on this and on reducing plastic use, but will the Commission take the lead from other public bodies in ensuring that our suppliers are, at every possible opportunity, prioritising and insisting on supporting British farmers, manufacturers and workers, and maximising UK-produced food and drink, especially from small and medium-sized enterprises?

[Tom Brake]

I can assure the right hon. Gentleman that in this place we push hard for very high quality produce, which is often British-sourced. The overwhelming majority of food throughout the catering establishments is British. If he is suggesting that we should adopt a “buy British” policy, I am sure he aware that that is not something that we can do in practice.