Draft Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018

Debate between Holly Lynch and Ruth George

Tuesday 20th March 2018 General Committees

[Holly Lynch (Halifax) (Lab)]

May I join the Minister in saying what a pleasure it is to serve under your chairmanship, Mr Owen? I am grateful to him for his opening explanation. We are in agreement that the statutory instrument is a step in the right direction, but we will take this opportunity to seek clarification on certain areas and outline reservations that this is a missed opportunity to go further in certain other directions.

There are 2,300 licensed pet shops, 650 licensed dog breeders, 1,800 licensed riding establishments and 6,300 licensed animal boarding establishments in England alone. That is why guaranteeing the welfare of the animals within the system presents such a big challenge for local authorities. Collectively, these businesses make up the fourth largest group of establishments requiring licences issued by local authorities after premises, taxis and gambling establishments. We welcome the opportunity to update the existing legislation, which is contained predominantly within five Acts, as the Minister said, that date back as far as 1925. They are therefore certainly in need of an update.

It is important to account for changes within the sector, new and varied routes to market, updated guidance on animal welfare and changing social attitudes but, perhaps most importantly, it is important to clamp down on those who go beyond poor animal welfare and seek to exploit animals for the purposes of criminal activity and gain. With that in mind, we are pleased to see that under the regulations puppy sales are required to be completed in the presence of the new owner and with the puppy shown with its mother. That is to prevent online sales, which have increased dramatically in recent years and have prevented the buyer from seeing the animal first.

However, the regulations do not prevent the third-party sale of puppies, which is a massive missed opportunity. I heard the Minister’s comments earlier, but the Labour party outlined the pledge in our 2017 manifesto, and we reiterated it in our recent animal welfare plan, which has been endorsed by the League Against Cruel Sports, Compassion in World Farming and the World Wide Fund for Nature. Battersea Dogs and Cats Home and the Royal Society for the Prevention of Cruelty to Animals support calls for a ban on the third-party sale of puppies, so why stop short of delivering on that? It would address the issues much more comprehensively than the proposals before us today.

We also want to stress in the strongest possible terms that with the best will in the world, the fewer numbers of staff at cash-strapped local authorities cannot perpetually become experts in the increasing number of fields for which we are asking them to take responsibility. Whether it is environmental health inspectors or licensing officers, when I follow up on casework I am increasingly being told, “The person who knew about that topic does not work here anymore, and I am afraid we haven’t got anyone else.”

Minimum standards are already outlined in guidance, but the Government’s own findings suggest that fewer than one in three local authorities use the guidance when carrying out inspections, and I would imagine that that is a resourcing and time issue as much as anything else.

[Ruth George]

Regarding the resourcing of local authorities, obviously they have to provide the personnel to start with. To monitor the licensing and enforcement, they have to provide up-front training. If they are doing the enforcement side of it, that does not pay as well as the licences themselves. Does my hon. Friend share my concern that if there is a lot of enforcement, that could raise the level of licence fees to a disproportionate level for breeders who are prepared to pay for them?

[Holly Lynch]

My hon. Friend made a couple of key points there. I will come on to talk in detail about the issues she raised, and I hope we will hear the Minister respond to those points, which she made powerfully.

Thinking about resourcing, how do the Government propose to overcome some of the challenges through the new regulations? The impact assessment admits that local authorities may struggle to deliver the new regulations—that was my hon. Friend’s concern—that will be brought into force by 1 October this year. The impact assessment accepts that under this Government, authorities are

“unlikely to acquire additional resource”.

Instead it suggests that to meet demand, authorities may have to reprioritise existing activities. Will the Minister be clear about what local authorities should reprioritise? Is it licences for selling alcohol, taxis, gambling, houses in multiple occupation or tattoo parlours? We all appreciate that that is incredibly important work.

To get down to the detail, the impact assessment assumes a one-off familiarisation cost of two hours’ work per local authority. That is one hour for a staff member to understand the new guidance and a further hour to disseminate that information to other staff members, with a combined national cost to 356 local authorities of just under £11,500. I can only take from that information that one licensing officer will get the training and then is expected to educate the other members of the team. However, the impact assessment specifically says “disseminate” the information. The impact assessment accounts for two hours for one person, which does not allocate a time or cost for the rest of the team to even read the information disseminated, or take part in any internal training, during working hours. With that in mind I will give the Government the benefit of the doubt, and suggest that this impact assessment is just lazy, and provides an inadequate assessment of what the cost would be to get this right in the way that I am sure the Minister intended—because the alternative is that it exposes a fundamental lack of commitment to the training that will be intrinsic to delivering the regulations, and improving animal welfare. I am sure that that is not the case.

We are also keen to better understand how breaches of licence conditions will be penalised—which comes back to the point made by my hon. Friend the Member for High Peak—and what the consequences would be for those seeking to obstruct a licensing officer. Three years is a significant period of time for those establishments that have a good inspection and are rewarded with a lengthy inspection-free period, based on the assessment of risk. However, if a member of the public or an employee, for example, raised concerns with the local authority that changes had occurred and animal welfare had declined in that period, would that mean that further inspections could be brought forward, as we hope would be the case? I would be grateful if the Minister can confirm that today.

We would also like to put on record our regret that the threshold for these new regulations is three litters per annum, which is still an intensive breeding regime for a dog. Why did the Minister draw the line at three litters and not reduce the number to two per year, or even one, as called for by organisations such as the Dogs Trust?

We firmly believe that these measures are a step in the right direction, but I hope that the Minister will offer us some clarity on the issues that I have raised. In particular, can he revisit the training element of these new regulations, as that will be absolutely key if the measures are to be effective? I would be grateful for his assurances that the impact assessment will be reconsidered and that the training will be delivered properly.