Animal Welfare (Sentencing) Bill

Thérèse Coffey Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Wednesday 10th July 2019 Commons Chamber

[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.

[Kerry McCarthy]

rose—

[Dr Coffey]

I appreciate that the hon. Lady wants to intervene, but if she will allow me to say a few more things—

[Kerry McCarthy]

Will the Minister give way on a point of clarification?

[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.

Wild Animals in Circuses (No. 2) Bill

Thérèse Coffey Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Tuesday 7th May 2019 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dr Thérèse Coffey)]

It is my pleasure and privilege to respond to this debate, and I thank hon. and right hon. Members from all parties for their contributions. I am encouraged by the general consensus in the House that this Bill addresses an important question about the treatment of wild animals, and I am convinced it can make quick progress, which is clearly the desire of hon. Members present today.

Many animal welfare charities, veterinary groups and, of course, parliamentarians have been calling for this ban, and I recognise the huge public support for it, too. The Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley), is particularly grateful to the RSPCA, the Born Free Foundation and the British Veterinary Association for their support on this matter.

Public attitudes have clearly changed over time, and we now recognise that wild animals no longer belong in travelling circuses. Unfortunately, the hon. Member for Coventry South (Mr Cunningham) is not yet back in his place—perhaps he is not as quick as a zebra or a racing camel—but there were 10,572 responses to the consultation issued in 2009, and an additional 2,500 postcards. Approximately 95% of those who responded to the consultation suggested that the best way to improve welfare would be to ban the use of wild animals in travelling circuses.

[Rebecca Pow (Taunton Deane) (Con)]

I am grateful to the Minister for giving way, and the whole team has done a great job on this Bill. I apologise for being late, but I was at the World Wildlife Fund launch of “Our Planet”, which is another wonderful Attenborough film about biodiversity and protecting our wonderful cornucopia of wild species. It seems so timely that we are discussing this Bill in a week when the UN has published a big report on declining species. It is more important than ever that we make our mark by saying that we cannot have wild animals performing for us in circuses.

[Dr Coffey]

My hon. Friend raises an important point about the state of biodiversity in the world. I was privileged to be at the G7 summit when we had a presentation from the intergovernmental science-policy platform on biodiversity and ecosystem services on this issue, and I can assure her that the leading countries of the world are actively working together and have declared the Metz charter on biodiversity. She is right to stress the importance of wild animals being in their normal places, rather than providing unusual forms of entertainment, which is what the Bill seeks to address.

[Andrew Rosindell]

I wholeheartedly endorse the comments of my hon. Friend the Member for Taunton Deane (Rebecca Pow). Can the Minister tell the House how we will define “wild animal”? That is central to this Bill and we need a clear definition of where we stand, as some countries have definitions that are different from what we may be considering.

[Dr Coffey]

I can answer my hon. Friend directly, because clause 1(5) states that

“‘wild animal’ means an animal of a kind which is not commonly domesticated in Great Britain.”

I hope that answers his point.

The Scottish Government’s 2014 consultation ahead of their ban showed similar figures in support, and last year’s consultation by the Welsh Government on a proposed ban found some 97% in favour. As my hon. Friend the Under-Secretary of State for Environment, Food and Rural Affairs said earlier, this is an outdated practice that no longer reflects the views of modern society, and I am pleased that we have started the Bill’s passage through Parliament.

My hon. Friend has already replied to some of the points raised in this debate, and he was generous in saying that some of the issues that have been raised can be considered in Committee, and it is important that they are.

On the European Union and the limits of legislation, there was a legal challenge to the ban introduced by Austria under the European services directive. I am confident the Government did not say a ban could not be introduced, but we had to wait for the outcome of that challenge to understand how we can properly legislate to do this. The legal challenge failed, which has given us confidence to bring this Bill forward.

It is also worth pointing out to the House that, although we have heard about a number of countries that have banned wild animals in circuses, many of the exemptions are a lot more generous than the Bill allows for. We have come up with an exemplary Bill that will be more comprehensive than the legislation in other countries.

Are birds included? If they meet the definition of “wild animal” in clause 1(5), they will be included.

My hon. Friend the Member for Tiverton and Honiton (Neil Parish) and a number of other Members mentioned the Animal Cruelty (Sentencing) Bill, and my hon. Friend the Under-Secretary is conscious of that. He is responsible for animal welfare—I tend to deal with wild animals—and we are both committed, as is my right hon. Friend the Secretary of State, to making sure that we find the appropriate parliamentary vehicle to do so.

The hon. Member for Plymouth, Sutton and Devonport (Luke Pollard) asked about Northern Ireland, and the Administration have been consulted on this issue. As it stands, the Administration do not believe it is appropriate at this point to join in this Bill, recognising it is a significant policy decision and would need to be devolved.

I assure the House that we have been told by the owners of the two circuses that they will not be putting down any animals as a consequence of this Bill. Indeed, their retirement plans are already in place, as my hon. Friend the Under-Secretary made clear.

A variety of questions have been asked about the potential definitions and about the amendments that might be tabled, such as on powers to seize an animal. Where any evidence is found of a wild animal being mistreated, the Animal Welfare Act will, of course, apply and provides powers to seize animals should there be grounds to do so. The Dangerous Wild Animals Act 1976 also provides powers of seizure and, depending on the species of animal, may also be applicable. We have not provided powers to seize animals where it is demonstrated that an offence has been committed, but inspectors have powers to video or photograph an animal to provide evidence of such an offence.

Several Members mentioned the national wildlife crime unit, for which there is funding here, but I am sure the House understands that the Government will shortly be starting their spending review. I have no doubt that my Department will be pushing for the unit to continue being funded because we believe it has an important role in tackling wildlife crime. Indeed, the unit received additional funding from the Department to address new avenues of wildlife crime.

The Conservative party introduced the most important piece of legislation, on which we still heavily rely, the Wildlife and Countryside Act 1981. We have had additional legislation specific to badgers and wild mammals in 1992 and 1996. The Animal Welfare Act 2006 was another milestone in making sure that appropriate legislation was put in place.

On biodiversity, I am pleased about our position on international obligations; I genuinely believe the passing of the Ivory Act 2018 will be a significant element in that.

On the welfare of pets such as snakes, we were asked why it is okay to have no regulations. In fact, there are regulations; these animals are covered by the Animal Welfare Act, as they are seen as animals that are cared for, as opposed to other kinds of animals that may be used in so-called performances, be it in Santa’s grotto or elsewhere. The new Animal Welfare (Licensing of Activities Involving Animals) England Regulations 2018 apply to those, and there is a specific reason in respect of what is happening in circuses. This Bill does not seek to prohibit wild animals in other activities; it is not a loophole. Those regulations specifically require those activities to be licensed.

There has been a lot of discussion about ethical and welfare matters, and why one thing is happening and not the other. The Government are clear, and have been for some time, including under previous Administrations, that the scope of the 2006 Act did not give the necessary powers in this regard. Section 12 provides powers only to regulate to promote the welfare of animals. I appreciate that people, including hon. Members, may have different views on this. No robust scientific evidence is available to indicate that the basic welfare needs of wild animals cannot be met in a travelling circus environment. Moreover, the review of the Department’s interim circus regulations found that the regulations were successful in establishing an effective licensing scheme to promote and monitor high welfare standards for wild animals in travelling circuses in England.

[Andrew Rosindell]

I wish to clarify something for the benefit of the whole House and everyone outside who works with animals, including performing animals. The Minister mentioned Santa’s grotto, and we have all seen animals in our constituencies for different special events. Can she tell the House how this new law will affect such events? In line with the question I posed earlier, may I ask where the ultimate end to this is? Is she saying that, ultimately, animals will not be able to take part in any kind of performance, be it a film, special activity or outside event? Where will this conclude?

[Dr Coffey]

This is specifically about circuses, and the basis for it is the itinerant nature of such events and what happens when these animals are moved. Falconry and displays have been mentioned. Typically, a falcon returns to its principal place of residence after such a display, so the effect is not the same. I assure my hon. Friend that mobile zoos will still be mobile, but of course licensing is undertaken, through the 2018 regulations.

Let me return specifically to the evidence. My understanding is that after the 2006 Act came into place, the academic lawyer Mike Radford was appointed to chair a circus working group. His report concluded that there were no welfare concerns over and above those applying to animals kept in other captive environments, and therefore any attempt to take forward a ban on welfare grounds under the 2006 Act would fail the test of proportionality and primary legislation would be needed. I should also point out to the House that that is also the legal position of the Scottish and Welsh Governments, and that the bans that have been brought forward have been justified on ethical, not welfare, grounds.

Let me deal with some other aspects of questions that have been asked. I think I have addressed the questions asked by the hon. Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron), and I welcome the fact that the legislative consent motion will go through to make sure that the amendment is passed and the legislation has a smooth passage. I have already addressed the question about animal sentencing and when that can be undertaken.

I am very conscious of the strong support given today by hon. Members, including the hon. Member for Poplar and Limehouse (Jim Fitzpatrick), my hon. Friend the Member for Copeland (Trudy Harrison), the hon. Member for Blaydon (Liz Twist), my hon. Friends the Members for North Dorset (Simon Hoare), for Romford (Andrew Rosindell), for Tiverton and Honiton and for Taunton Deane (Rebecca Pow), the hon. Members for Ipswich (Sandy Martin) and for Plymouth, Sutton and Devonport, and my hon. Friend the Member for Camborne and Redruth (George Eustice). A variety of people have decided to attend this debate and support this Bill. I hope that that support will continue in Committee. It is an honour to have closed this debate. We care passionately about this and I am sure the same spirit will continue as the Bill makes its passage through the House.

Question put and agreed to.

Bill accordingly read a Second time.

Wild Animals in Circuses (No. 2) Bill (Programme)

Motion made, Question put forthwith (Standing Order No. 83A(7),

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 23 May 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 proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings on Consideration.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on Consideration.

(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.—(Jeremy Quin.)

Question agreed to.