Animal Welfare (Sentencing) Bill

Sandy Martin Excerpts

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

[Sandy Martin (Ipswich) (Lab)]

I would like to join the Minister in thanking all the Members who have brought us to this point over the years—13 years, according to the hon. Member for North Herefordshire (Bill Wiggin). I would like to thank my hon. Friend the Member for Redcar (Anna Turley) in particular, as well as the hon. Member for Tiverton and Honiton (Neil Parish) and my hon. Friend the Member for Bristol East (Kerry McCarthy), who have pushed this forward over the last two years. It is good to see something that was promised to us two years ago finally come to the House.

My hon. Friend the Member for Coventry South (Mr Cunningham) made a point about what the maximum sentence would apply to. It is worth saying that the Bill is not about inadvertent mistreatment; it is about serious and deliberate cruelty. Several Members have made the point that deliberate cruelty to animals is an indicator of likely cruelty to humans, and especially domestic violence.

I agree with the hon. Member for North Herefordshire that eventually, it will be possible to save money if the number of prosecutions falls. To achieve that, we need to create the expectation among people who are thinking of being cruel to animals that they will be prosecuted and, in extreme cases, face heavy sentences, which means we must ensure that the Bill is put into place properly and properly policed. If we can deter this sort of cruelty, it will help to deter domestic violence. Any law-abiding society that applies the law properly saves money. Even if it does not save money in the short term, due to imprisonment or court costs, it will save money in the long term through encouraging and forcing people to abide by the law. We should not be counting the cost when it comes to abiding by the law; we should be ensuring that we are a law-abiding society.

Much of the cruelty that takes place is part of serious criminal activity. We are not just talking about lone criminal acts. In some cases, we are talking about international dog-fighting rings, with serious money involved. To clamp down on these rings, we need serious sentences. Dog fighting is a good example of where I part company with the hon. Member for North Herefordshire. It is not a human being hurting a dog—it is a dog hurting a dog—but what happens to animals in most cruelty cases is a direct result of the attitude of the human beings who are responsible for those animals. We cannot say that we will not prosecute a case simply because another animal has created that violent situation. If a human being is meant to be responsible for that animal, they need to be responsible for what that animal is doing. I look forward to dog fighting becoming as much a part of the past as cock fighting and bear baiting.

There are serious issues about which animals should be covered by this legislation. The Opposition are not necessarily convinced that every animal that needs to be covered will be covered. Wild animals and farmed animals have been mentioned. Several campaigning organisations have contacted us—I am sure they have contacted other Members—to suggest all sorts of areas where the Bill could be improved. At some stage, we will need a comprehensive and effective animal welfare Bill, as the hon. Member for Clacton (Giles Watling) said. I believe that a Labour animal welfare Bill will probably be more comprehensive and effective, but that is something for the future.

We do not want to allow our wish to improve the Bill to get in the way of passing it. We will put forward things that we think might improve it, but the most important thing is that we get a quick resolution of this specific issue and pass the Bill. I am proud and delighted to join my hon. Friend the Member for Workington (Sue Hayman) in commending the Bill to the House.

Animal Welfare (Sentencing) Bill (First sitting)

Sandy Martin Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 23rd July 2019 Public Bill Committees

[The Chair]

I will come to Sandy Martin and then the Minister. We have 15 minutes left, so perhaps you can ensure that the Minister has plenty of time to ask his questions.

[Sandy Martin (Ipswich) (Lab)]

Q Thank you, Mr Bailey. Has either of you seen judges or magistrates deliberately choosing a sentence that is dependent on whether the animal is domesticated or wild?

Michael Flower: No, I can’t say I have encountered that. From my experience, the courts tend to consider the nature of the offence, rather than the animal, which is entirely right. You cannot really differentiate between extreme cruelty to a dog, cat, fox or badger—if it is cruel, it is cruel, and that is the way the courts tend to look at this, which is the right approach.

Claire Horton: I cannot give an answer to that I am afraid, as I have no experience of court sentencing.

[Sandy Martin]

Q Would you agree that there is some legitimate concern, particularly from farmers, that if wild animals were included in this or any subsequent Bill, that might circumscribe their activities? Do you agree that killing is not necessarily the same as cruelty, and that you can have a system where an animal needs to be killed, but that does not need to be done in a cruel way?

Michael Flower: Yes, I think that is right. There is already a clear distinction, and legitimate pest control continues. The Animal Welfare Act 2006 does not prevent that, and the Bill does not change that situation. I do not think the RSPCA has an issue with pest species animals being killed if that is done humanely—that is key. Cruelty is causing suffering unnecessarily, and there is a clear distinction.

[Sandy Martin]

Q You raised the issue of a baby badger being skinned alive. There is some controversy about or question whether that would be covered by the Bill. Do you believe it would be sensible to review the scope of the Bill at some stage in the not-too-distant future, to see how well it is working and whether it should be revised?

Michael Flower: I think it would be sensible, and I believe an amendment has been tabled that there should be a review after two years. I am not convinced that there will be sufficient data in two years to do that properly. If the Bill were to be enacted in the next three or four months, it would be a couple of years before results started filtering through the court system. A review would be welcome from our point of view because there might be anomalies between the Animal Welfare Act and other animal welfare protection legislation, such as the badgers Act. If this Bill is enacted, we must consider how sentencing can be applied to other areas.

Claire Horton: I agree with that. The Bill is clear and has been introduced because of the recognition that animal cruelty is a serious issue. We would be concerned by anything that slowed its progress. It is fairly uncontentious, and I urge Members to get this bit through, and to consider issues of review and inclusion once we have more evidence further down the line.

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

Q You have taken away my first question. I was going to ask whether our two witnesses agree that speed is of the essence now, notwithstanding some legitimate, and quite thorny, questions that we will, at some point, need to grip more fully. It has taken some time to get a coalition of opinion, but it has become clear to me that not only the two organisations that you represent incredibly well, but a far broader coalition, is now saying that, notwithstanding other issues that might be out there, we need to get the legislation through. Could you confirm that? It would be useful to hear the RSPCA confirm that time is a priority, and that there is a broad opinion that we need to get on with the Bill now.

Michael Flower: Yes, that would definitely be our view. Personally, I think that increasing sentencing is long overdue; it was unfortunate that that was not included in the Animal Welfare Act 2006. It is now clearly overdue, and needs to be implemented as soon as possible. The extremely narrow scope of the Bill should make it easier to push it through quite quickly, which would be very welcome from our point of view.

--- Later in debate ---

[Anna Turley]

Q What proportion of the cases that you have seen have pushed the envelope and outstripped the existing sentencing bracket?

Inspector O'Hara: It is a very small number.

Mike Schwarz: I do not know whether I can add to that. The only point I would make, triggered by that thought, is about the position in Northern Ireland, where the unnecessary suffering provision in section 4 is not limited to domesticated animals but applies across the board. There would be a significant disparity of sentencing for exactly the same facts for a case in Northern Ireland compared with England and Wales if the Bill is passed. That is the only helpful contribution I can make, other than to refer to the existing sentencing guidelines, which are very helpful.

[Sandy Martin]

Q Mr Schwarz, we have heard about the need to get the Bill passed. We have also heard about the difficulties of making a distinction between wild animals and domestic animals. I asked the representative of the RSPCA about a review, which he thought was a sensible idea. How soon after passing the Bill would it be sensible to have a review?

Mike Schwarz: I would like to think the points I make are sound in principle and therefore one does not need a great deal of evidence in order to have that review. I am not being vain about it, but there are flaws in the structure of the Bill which, if recognised, merit a review. Having said that, I would not dismiss evidence or views, particularly from the judiciary.

You mentioned how the judges might be grappling with this. Suppose the Bill were passed today, the first prosecutions might come about in the next six to 12 months, particularly they were Crown court cases. After 12 months, there might be some instances where problems—or lack of problems—emerge. I see that there were about 700 or 800 prosecutions in 2018 under the Animal Welfare Act. During that year, there was likely to be a significant proportion of helpful cases. Soundings could be taken of the judiciary and it could be advised after the Bill passes that Parliament would be assisted by view.

It would take perhaps a year, if one attaches importance to evidence, but sooner if it is accepted that, as a matter of principle, the absence of a level playing field needs to be addressed earlier.

[Sandy Martin]

Q On a separate subject, Inspector O’Hara, would you agree that this Bill might be helpful in clamping down on dog fighting in London?

Inspector O'Hara: Most definitely.

[Sandy Martin]

Q Clearly, having a stricter sentence for that will also fit in with other criminal activities that surround dog fighting. I am sure that it is not a problem in London, but your fellow police officers in other parts of the country have terrible problems with hare coursing. Would you support the idea that it would be sensible to have a Bill of this sort that would help to prevent hare coursing as well as dog fighting?

Inspector O'Hara: It is not really my area of expertise. I generally stick to companion animals and the position on that should probably come from wildlife crime. I suspect it dovetails very much into Mike’s point around the disparity of the two genres, for want of a better phrase.

[David Rutley]

Q Thank you both for your support today and for your very useful evidence. The question of guidelines and how important they are came up in the previous session and has come up in this one. Can you give your thoughts on the role of sentencing guidelines in how you deal with animal welfare legislation? Inspector O’Hara, how do they help with the cases that you have to deal with? It would be helpful to have a perspective from both you. It is clear that other members of the Committee feel that the guidelines are going to play an important role.

Inspector O'Hara: The guidelines play a very important role for any offence because they are the starting point at which the court will look upon sentencing as to where the offence will sit along with any mitigating or aggravating factors. It is really key that those guidelines are there and that they are robust. Having them in place will ensure consistency across the board, depending on which courthouse the matter sits.

Mike Schwarz: As you know, there are two sets of guidelines: one is the overarching principles for sentencing in all criminal cases, which I referred to earlier when I talked about harm and culpability; then, as has been mentioned a number of times, there are the specific guidelines of the Animal Welfare Act and animal welfare laws. I think they are very good, but nothing should escape review. It is important that it is reviewed with the passing of this legislation.

Earlier we heard that the point that when the threshold for custody is passed is now more important, bearing in mind the threshold goes up and the length of sentencing goes up. So far, the guidance is just in section 152 of the Criminal Justice Act 2003, but the sentencing guidelines for animal welfare would benefit from some guidance on when the custody threshold is reached and what sort of sentences should lead to what greater lengths of custody. That exercise may throw up the disparity between the two areas, which is why I think a review is important and probably quite urgent.

Animal Welfare (Sentencing) Bill (Second sitting)

Sandy Martin Excerpts

Committee Debate: 2nd sitting: House of Commons
Tuesday 23rd July 2019 Public Bill Committees

[Sandy Martin (Ipswich) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Bailey. I believe that the evidence we heard this morning from both the Royal Society for the Prevention of Cruelty to Animals and the lawyer and police officer made it fairly clear that there was confusion about which offences come under the Bill. Clearly, there are questions about whether an offence relates to a feral cat or a domestic cat, or a wild rabbit or a tame rabbit, but there are also questions about organised crime. We heard from the police officer about dog fighting, which would come under this Act. Serious and organised cases of cruelty can now be prosecuted and a sensible and serious sentence incurred, yet the equally serious and equally organised crime involved in hare coursing probably would not.

All sorts of issues need to be tested in the courts. Very often in this place we seek to tie all the knots, cross all the t’s and dot all the i’s, but it is not always effective. We need to test these issues in the courts, but if they are to be tested in the courts, we need to review the result in order to establish whether the Act is doing what we intended it to do.

We heard from Mike Schwarz that serious issues will be aired by members of the public as a result of the sentences that will be handed down if, as we suspect, the sentences for domestic and wild animals are suddenly, obviously and publicly very different. We have heard on several occasions from the Minister that the Bill needs to be passed as soon as possible. We could not agree with him more. In fact, we could not have agreed with him more if he had said that 18 months ago, when we could have passed it. There is no good reason why, if we accept proposed new clause 2, that would add a single minute to the length of time it takes for the Bill to pass into law.

I urge us to accept the amendment and ensure that, whatever the results in the courts, we review them swiftly and effectively with a view to ensuring that we get consistent sentencing for consistent levels of cruelty.