Road Traffic Collisions Involving Cats

James Daly Excerpts

Monday 9th January 2023 Westminster Hall

[James Daly (Bury North) (Con)]

It is an honour to serve under your chairmanship, Ms Harris—I genuinely mean that.

It is a pleasure to follow a speech that I did not disagree with a word of. I congratulate Olivia, who is sat in the Gallery. This is probably one of the easiest legislative exercises in the whole of this Parliament: we simply add the word “cat” into legislation and achieve what has been set out in this debate. As much as we all love goats, we should not be differentiating between animals in respect of their value. We differentiate and judge things in this House on their meaning to our fellow citizens. To me, it is utterly bizarre that the law does not take into account cats, considering how many people in this country own cats and how important they are to our fellow citizens.

I hope the Minister, well-known animal lover that he is, will listen to this debate and look into doing something straightforward that will make a lot of people very happy. Although we struggle from time to time in this House, we have the opportunity to do something that will make people extremely happy.

[Rehman Chishti]

My hon. Friend has made the point clearly that this change is easily done if we consider the purpose behind the legislation. The Government have put forward the argument that one type of animal is a working animal of financial value; does my hon. Friend agree that legislation to require people to stop and report should be designed with regard to the alleviation of pain and suffering, irrespective of what animal it is? That ties into the Government’s commitment to animal welfare. We can move forward and do the right thing. Does he agree that that principle needs to be behind the legislation?

[James Daly]

I am probably going to agree with everything that everybody says in this debate. My hon. Friend makes a very articulate point. If it is the Government’s position that the change is not enforceable—in the sense that stopping and reporting if a car hits a cat is somehow not an enforceable legal responsibility compared with hitting another animal—I just do not accept that. In my view, there is not a logical argument in respect of the criminal-law side of this issue. I was a criminal lawyer for a long time and it is a straightforward matter to enforce reporting. There is no ambiguity.

Let me speak to and develop some of the points colleagues have made about criminal law, and what happens afterwards. I recognise Members present who have listened to what I have had to say at least two or three times previously. I think I am on my third or fourth time of trying to persuade the Government about my private Member’s Bill. I have not been successful yet, but I continue to live in hope. My nattily titled Pets (Microchips) Bill relates to Gizmo’s law, the campaign for which was begun many years ago by Heléna Abrahams in my constituency. In essence, the proposed law would do what has been articulated in this debate. It is a campaign for a legal requirement, which sounds like a grand statement, but it basically asks local authorities to do the right thing.

When a deceased cat is found, whether on the highway or elsewhere, the proposed law would require the local authority to scan the chip, if there is one—that relates to the point that my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) made about the Government’s commitment to the microchipping of cats, which would clearly help. It is a simple thing. People want to know what has happened to their pet—what has happened to their cats. I spoke today to Heléna, who works 20 hours a day in her job. She has set up a website for this purpose and works with local authorities to reunite cats with their owners. That is a wonderful thing to do, because it is about love, care, commitment and doing something for people who have no other way of finding out what has happened.

As the hon. Member for Gower (Tonia Antoniazzi) said, local authorities approach this matter very differently. Some just do not scan and do not make any effort whatever—I will not name and shame them—and some are better. We are simply asking for there to be a duty to take the cat and scan it. A pet food company has agreed to provide scanners for every local authority in the country that does not have one, so there is no cost to that. All they need is a fridge or deep freezer. The cost and time involved is absolutely negligible. There is no cost.

My Pets (Microchips) Bill and Olivia’s proposal are about care, love and doing the right thing. We sometimes miss those things in our debates in this House. This is very simple and straightforward. An amendment could quite easily be made to criminal law and could quite easily be enforceable. We can certainly trust our police and other law enforcement bodies to ensure that cats have parity of treatment with other animals, and we can legislate for that. On Gizmo’s law, I hope Members will support the Pets (Microchips) Bill, which would cost nothing but would do a lot of public good and make a difference to a lot of people’s lives.

--- Later in debate ---

[Patricia Gibson]

Yes. Many local authorities currently work very hard to screen cats for microchips, where possible; I will talk about that in more detail later. Local councils are under pressure, but it is important that there is leadership and support from a central Government level in both Scotland and across the UK. I will talk a wee bit later about how Cats Protection provides very important support in that regard.

The Scottish Government recommend that all cat owners should microchip their pets, so that they can be reunited with their owners if they are lost or injured, but they have not yet moved towards compulsory microchipping, which is a move I want to see. However, the Scottish Government are willing to examine and reflect on the Department for Environment, Food and Rural Affairs call for evidence and the recent public consultation on the matter. I am confident that we will get to a place where cat microchipping will be a compulsory element of cat ownership, just as it is with dog ownership. Like many others, I am keen to reach that point as soon as possible, because the responsibility of owning a cat and the responsibility towards cat owners ought not to be different from the rights and benefits currently accorded to dogs and their owners.

In the UK Government’s action plan for animal welfare, which was published in May 2021, the commitment to cat microchipping was repeated. The plan said:

“We will introduce compulsory cat microchipping to ensure lost or stolen cats can be reunited with their owners as quickly as possible.”

But we are still in the dark as to what is happening with the implementation of that plan, just as we are—incidentally—with the Animal Welfare (Kept Animals) Bill, which ought to legislate on very important aspects of animal welfare; undoubtedly, we will debate that Bill again soon. It matters, because it is all part of the same conversation about the small amendment required to the Road Traffic Act 1988.

The vast majority of cats in Scotland—around 70%—are microchipped, which demonstrates that most cat owners understand the benefits of doing so. About 29% are still not microchipped, which amounts to about 227,000 cats with no permanent form of identification; that is a problem.

We have heard from around the Chamber of the heartbreak of cat owners who either do not know what has happened to their cat, or who have to deal with their cat being struck by a car and finding that out—sometimes by accident. The sad reality is that we do not know how many cats are involved in road traffic accidents, because it is a not a legal requirement for a driver to report a collision with a cat, but Petplan believes that about 630 cats are run over every day. That is a huge amount. Some 35% of drivers admit to having hit a cat, and it is believed that between 7 million and 9 million cats are at risk every day of being involved in a road traffic accident, given the free-roaming nature of our feline friends.

If we are seeing an increasing number of cats being microchipped, and seeking to move to a point where all cats are microchipped as soon as possible, it is important that measures are in place so that those microchips can be scanned. I applaud the work of Cats Protection, which has worked with some local authorities to provide scanners to ensure that cats found on roads can be identified. Local authorities are also working hard to ensure that they are able to do this, as revealed by the Cats Protection freedom of information request, but there is still some way to go.

The call for the creation of best practice guidance for local councils will be supported by all responsible cat owners, because it will ensure that all cats found on our roads are scanned for a microchip and have their details logged, and that owners are informed so that—as the hon. Member for Great Grimsby (Lia Nici) said—as heartbreaking as that news can be, they can find out what has become of their beloved pet.

[James Daly]

Why use best practice guidance rather than the legal requirement?

[Patricia Gibson]

I think we are speaking at cross purposes. As I said, there should be a legal requirement for microchipping, but we want to look at the best way that local authorities can manage that information and roll it out so that it can be completed as soon as possible. I believe that microchipping should be a legal requirement.

I echo the eminently sensible concerns expressed by Blue Cross that if all this work is done in the way we wish, in the interests of cats and cat owners—picking up on the point made by the hon. Member for Bury North (James Daly)—there must be well-administered and efficient communication between database companies to ensure that microchip details and information on lost, stolen or injured pets is properly shared and centrally available.

The suggestion of a single point of access would considerably streamline and simplify the current database situation, incomplete though it is, and make it more user-friendly for the designated approved users. It would save time and resources, and provide the best outcomes for cats and their owners should the worst happen.

It is no surprise that over 102,000 people signed this petition to appeal to the UK Government to amend legislation in a simple and straightforward way to make it a legal requirement for drivers to stop and report accidents involving cats as they are already required to do with dogs. Many of us engage in the debate about whether we prefer cats or dogs, but I think we would all agree that cats deserve parity under the law when it comes to road traffic accidents. Across the UK, we love our pets, and animal welfare is important to every one of us. We just need to look at our inboxes to see that; every single Member of this House receives more emails about various aspects of animal welfare than any other issue. I have to say, that took me a little by surprise when I was first elected in 2015.

Animal welfare really matters to our constituents, and it matters to MPs across the House. Our pets keep us healthy and add to our happiness, and they are treasured family members. Cats do this just as much as dogs; some would say even more so, but that would start a whole UK-wide argument that would keep us here all day. It is clear that if we can give protection to dogs through compulsory microchipping and reporting of accidents when collisions happen, we can certainly do it for cats. There is no reason for us not to do so.

I urge the Minister and the UK Government to make the required amendment to the Road Traffic Act 1988 and give our cats and their owners the consideration they deserve. Alongside that we need to ensure that cat microchipping is an integral part of cat ownership so that they are given the protection currently accorded to dogs. Let us get on with it and stop any further delays. A promise was made in the Government’s 2019 manifesto. This is one of those rare measures that will have support from across the House—from every MP in every party—so there is no reason to delay. It will encounter no opposition, so I urge the Minister to speak to his colleagues and get it done.