Control of Horses Bill

George Eustice Excerpts

Friday 24th October 2014 Commons Chamber

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

I welcome this opportunity to set out the Government’s approach to tackling the issue of fly-grazing. Before I begin, perhaps I ought to declare an interest: I am a member of the Flicka Foundation, which is a horse and donkey sanctuary based in my constituency. As part of my membership package, I think I adopted a donkey called Tabitha.

My hon. Friend the Member for York Outer (Julian Sturdy) has long championed this issue. As he said in his opening remarks, he first held a debate in Parliament on this issue as long ago as 2012. I am happy to tell him that, sometimes, persistence pays off in this place, because I am delighted to confirm that the Government will support this simple but important Bill, which we believe could have a significant impact on helping people deal effectively with the issue of fly-grazing.

Many hon. Members will have had large amounts of correspondence from their constituents on this important issue. Animal welfare charities have done a great deal to highlight some of the challenges, including by producing reports such as “Left on the Verge”, to which the shadow Minister, the hon. Member for Penistone and Stocksbridge (Angela Smith), referred. As some hon. Members have said, it is estimated that there are some 3,000 stray ponies and fly-grazing horses in Wales and another 2,500 or so in England, so this is a serious problem.

As my hon. Friend the Member for York Outer has pointed out, this is not the first time we have debated the issue. Indeed, last November, about a month into my appointment as the Minister responsible for farming, we had a debate that had been secured by my hon. Friend the Member for East Hampshire (Damian Hinds). During that debate, we heard about the many problems caused by people fly-grazing their horses, and we have heard more about that today. In some parts of the country, significant numbers of horses are being fly-grazed and such incidents appear to be occurring more frequently. There have been incidents of fly-grazing horses straying on to the highways and, as my hon. Friend the Member for York Outer noted in introducing the Bill, in at least one case that has led, sadly, to the death of a person in a road accident.

Since the November debate, there have been many calls on the UK Government to replicate for England the provisions in the Control of Horses (Wales) Act 2014. We have been watching developments in Wales with interest. My hon. Friend said that he was reluctant to seek inspiration from Wales on this issue. As a Cornishman, I have no such reluctance: we western Celts have much in common and often learn from one another.

During last November’s debate I set out the approach we have taken in England to date, which has been to encourage all relevant local interests—local authorities, police, farmers, landowners and animal welfare charities—to co-operate to tackle the issues on the ground using the existing legislation. It is worth remembering that that there are four key relevant Acts, including the Animals Act 1971 and the Animal Welfare Act 2006, which is relevant to the issue of horses in distress. I also highlighted during the November debate the potential for the Anti-social Behaviour, Crime and Policing Act 2014 to give us stronger powers to deal with fly-grazing; I will return to that later. Finally, there is the Highways Act 1980.

Since the debate in November, we have given the issue more consideration. I can tell the House that my noble Friend Lord de Mauley has done a lot of work on it. He has met welfare charities, as well as my hon. Friend the Member for York Outer, to discuss what can be done. The Government now recognise that making small amendments to the 1971 Act would go a long way to ensure that the provisions work better for those trying to deal with fly-grazing. The amendments would bring the legislation up to date, and make the process more efficient and less burdensome.

The debate in November brought out the fact, which has been highlighted again today, that there have been several changes since 1971. The first change is the introduction of microchipping and horse IDs. As I noted in the previous debate, since 2009 it has been a legal requirement that horses be identified with a microchip and passport. We know that many people who fly-graze horses do not do that, which has created two problems that we did not have in 1971. First, it makes it very difficult to identify and tackle the owners. Secondly, it makes it all the more expensive for local authorities and others to deal with the issue. Once they have detained a horse, they have to microchip and passport it themselves before selling it, which places added costs and burdens on them.

Another development since 1971 has been the change in the mode of sale or disposal of fly-grazed horses. Under the 1971 Act, a detained horse can be disposed of only through sale at market or auction. In 1971, when the Act was drawn up, animals fetched a good price at auction, and fewer horses were fly-grazed. My hon. Friend’s Bill proposes to amend the 1971 Act to provide a more flexible set of options, including euthanasia, sale or gifting to a charity.

The reality is that horses often have little or no monetary value today. There have even been cases of the owner of a detained horse buying it back at a knock-down price at auction, after it had been microchipped by the person who detained it. The fly-grazer was therefore able to gain a legally compliant horse at little cost, which cannot be fair. We need to address that matter, and my hon. Friend’s Bill does just that.

We have listened to the animal welfare charities. They have strongly argued for a mechanism whereby fly-grazed horses can either be re-homed or, in some cases, put down. Sadly, there is so little demand for horses and so much demand for re-homing that charities such as the RSPCA, World Horse Welfare and Redwings have all reported that their re-homing centres are full of unwanted horses.

[Bob Stewart (Beckenham) (Con)]

Is there a direct correlation between the increase in fly-grazing and the fact that the value of horses has dropped so much? People just do not care any more: as horses have no value, they might as well fly-graze them.

[George Eustice]

From listening to the animal welfare charities, we know that part of the problem has undoubtedly been a lot of irresponsible breeding of horses. Horses are being bred for whom there is no market. Sadly, they are then abandoned by people who, frankly, are not fit to own horses in the first place.

I want to move on to the central feature of my hon. Friend’s Bill, which is the length of time that an animal must be detained before it can be sold. One difficulty created by the 1971 Act is that it requires the person who detains a horse to look after it for up to 14 days. During that time, they are responsible for its welfare and for preventing it from straying, and they are liable for any costs incurred. The Bill would permit the disposal of horses after the equivalent of four working days, rather than the present 14 days. We think that four working days strikes a good balance: it is lower than the figure of seven days that applies in Wales and, to respond to the point made by my hon. and learned Friend the Member for Harborough (Sir Edward Garnier), it will significantly reduce the cost to both local authorities and landowners of intervening in such cases, because they can sell or dispose of an animal after only four working days.

There are consequential amendments that must be made to the 1971 Act, one of which relates to the point that was put to me by my hon. and learned Friend the Member for Harborough about the requirement to give the police notice that one has detained a horse within 24 hours. In addition to the point that was made by my hon. Friend the Member for York Outer, it is worth pointing out that currently, notice must be given within three days. We think that it is proportionate to reduce the deadline to 24 hours, given that we have condensed the period of detention. There is a requirement to give notice to the police so that if they receive a report of a horse going missing, they can reconcile it with the report of fly-grazing, and thereby reunite ponies and horses with their legitimate owners who have just managed to mislay them.

[Sir Edward Garnier]

I am grateful to the Minister and my hon. Friend the Member for York Outer for clearing up the point about the police. When the Bill becomes an Act, would it be worth issuing guidance to local authorities and police authorities on informing local hunts of the existence or whereabouts of detained horses, because they have facilities to help with the removal of horses, dead and alive?

[George Eustice]

That is something that may be considered when the Bill is, I hope, enacted.

The animal welfare codes recommend that a horse that is being kept should be tended to at least once a day to check that its welfare needs are met. We feel that the 24-hour notice period is reasonable because the legitimate owner of an animal would realise that they did not have the animal quite quickly. If the police are notified within 24 hours and there is a four-working-day period of detention, it will enable them to reunite the legitimate owners of a horse with their animal.

In common with the 1971 Act, when a detained horse is sold and there is money left over from the sale, any excess money, after the costs of the sale and of keeping the horse are deducted, can be claimed by the horse owner. For the most part, the horses that we are talking about will probably be of such low value that it is unlikely that there will be any money left after the sale.

The final element that I want to touch on relates to the concerns of welfare charities about the ambiguity of the definition of “stray” horses. Although the position has never been tested in the courts, the Bill seeks to address the concern that the 1971 Act is not designed to deal with deliberately placed horses. Clarifying the definition by making it clear that it includes horses that are there without legal authority is an important step forward.

[Mr Mark Spencer (Sherwood) (Con)]

I hope that consideration will be given in Committee to areas such as Exmoor and Dartmoor, with which the Minister is familiar, where there are wild ponies. How will one distinguish between animals that are being fly-grazed and wild herds?

[George Eustice]

My hon. Friend may well have the opportunity to raise those points as the Bill progresses.

The Bill represents an important step forward in promoting more responsible standards of horse ownership. It will uphold the need for owners to pay proper attention to their horses’ welfare and to avoid the burdens that fly-grazing imposes on public safety and private and public property.

I want to return to a point that I raised in the last debate on this subject. We must not lose sight of the potential to use the Anti-social Behaviour, Crime and Policing Act 2014 to deal with this issue. In addition to the changes that the Bill will make to the 1971 Act, it is possible for local authorities to use a more streamlined antisocial behaviour measure under the 2014 Act, which came into force only this week. Local authorities and the police can issue a community protection notice against fly-grazers without having to apply to the courts. As my hon. Friend the Member for York Outer said, we recognise that in most cases the owner of the fly-grazing horse would have to be known, and in many cases that is not possible to establish without some form of investigation. To return to the point that my hon. and learned Friend the Member for Harborough made, however, it is important that we do something about owners who abdicate their responsibility and neglect their horses. The Bill will give local authorities the ability to pursue irresponsible horse owners. Two prolific and persistent fly-grazers have recently been issued with antisocial behaviour orders under the old-style measures, so although we accept that there are difficulties, we still believe that we should act.

Finally, I return to the extension of the Bill’s provisions to private land, which several Members have mentioned. Bearing in mind the significant effect of fly-grazing on private land, the Government support such an extension, which would be consistent with the scope of the 1971 Act. It will require the approval of the House for amending the scope and long title of the Bill, but given the importance of doing so, the Government are happy to support that on this occasion. Such amendments would give private landowners and occupiers the benefits of the changes to the 1971 Act that local authorities will gain in respect of public places. I can confirm that we will therefore table a motion to direct the Public Bill Committee that it can consider amendments to the Bill that would enable its provisions to apply on private land.

I believe that the changes will be welcomed by local authorities, landowners and the animal welfare charities that have done much to highlight the issue in recent years. I congratulate again my hon. Friend the Member for York Outer, who looks set to be more successful with his private Member’s Bill than I was with mine some years ago. I am happy to confirm the Government’s support for the Bill, and I wish him the very best of luck in taking it through Committee.

Question put and agreed to.

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