Animal Welfare

Jim Fitzpatrick Excerpts

Thursday 30th March 2017 Commons Chamber

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

I am pleased to be able to contribute to the debate and I hope to be able to abide by your eight-minute rule, Madam Deputy Speaker. I am delighted to follow the hon. Member for Tiverton and Honiton (Neil Parish), who chairs our Select Committee with distinction. Obviously his time spent in the European Parliament was not a wasted apprenticeship; he demonstrates his skills every time we meet.

The motion raises three issues: penalties for animal welfare offences; a ban on third-party sales; and the Committee’s report on the underlying question of prosecutions. I wish to register my appreciation for the briefings I have received in preparation for the debate from Battersea Dogs & Cats Home, the RSPCA, Cats Protection, the Dogs Trust, Blue Cross, the Kennel Club and, of course, the House of Commons Library.

[Judith Cummins (Bradford South) (Lab)]

Does my hon. Friend agree that the better licensing of breeders would promote a more responsible buying culture and help to prevent the cruel practice of puppy farming?

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[Jim Fitzpatrick]

My hon. Friend’s good point reinforces the contribution from the Chair of the Select Committee. I shall say more about licensing in a moment, but it is certainly a key element of the Committee’s report to which we hope the Government will respond positively.

I am always heartened that constituents contact me about a whole range of animal welfare issues because that shows that, while they articulate many concerns, animal welfare matters to them a great deal. Hon. and right hon. Members will receive emails and the occasional letter about the same animal-related issues as I do, including bees, badgers, domestic pets, circus animals, wild animals and dog fighting. It is good to see how much people care, but it is obviously disappointing, and indeed distressing, that these activities and abuses continue.

Along with others, I have backed the campaign instigated by Battersea Dogs & Cats Home that calls for tougher punishments for people who abuse and neglect animals. I was pleased to attend the launch of the campaign here in Westminster, and along with others I pledged my support for increasing sentences for animal abusers. It is unacceptable that people can abuse and neglect animals yet get away with such a small penalty. Battersea’s research shows that England and Wales has the lowest sentences for cruelty across 100 countries and states worldwide. Six months in prison is neither a punishment nor a deterrent when it comes to some of the most serious offences.

Further background information for the debate comes from the EFRA Committee’s third report of this Session. Animal welfare is mentioned in the motion tabled by the hon. Member for Tiverton and Honiton—I nearly called him my hon. Friend, but we do this so often that it is almost passé. The report makes a number of recommendations, including on a timetable for the 10-yearly review of the Animal Welfare Act 2006. I am sure that the Minister will respond to that point in due course. It also recommends a ban on third-party puppy sales and that local government should be responsible for enforcing the 2006 Act.

The report goes on to discuss the role of the RSPCA, which has historically undertaken the overwhelming majority of animal welfare investigations and prosecutions. The Select Committee recommended:

“the RSPCA should continue its important work investigating animal welfare cases…It should, however, withdraw from acting as a prosecutor of first resort where there are statutory bodies with a duty to carry out this role.”

A number of us said at the time that it was not for the Select Committee to require the RSPCA to withdraw in that way, because it will always have the right to raise private prosecutions in the courts, in the same way as any other citizen does. The real question was about the word “duty” in relation to other bodies, and the report considered which statutory bodies should be responsible in such circumstances.

The vast majority of our Committee’s work is done by consensus, as is the case for most Select Committees. This was one of the few issues that split the Committee. I voted against the majority view, not as a matter of principle but on the practicalities. In my view, and with no disrespect to those who voted for this recommendation, the expectation that the Crown Prosecution Service or local authorities will step in as prosecutors is pure fantasy. However, after rethinking the matter and considering what happens in Scotland—the hon. Member for Caithness, Sutherland and Easter Ross (Dr Monaghan), who represents the Scottish National party on the Committee, made a number of important points in this regard—I have been persuaded of one thing. If society is serious about animal welfare, it should accept its responsibilities. It is unfair that the RSPCA has to do society’s work, and it is carrying out that duty because the CPS and local authorities are not. We should send a message that society should prosecute through the CPS and the police—we should not have to rely on the RSPCA—but that is not going to happen any time soon. Regardless of what the Committee says, the RSPCA will have to continue its work, because that is the only option—no one else is going to do it.

[Chris Davies (Brecon and Radnorshire) (Con)]

rose—

[Jim Fitzpatrick]

I am happy to give way to my other hon. Friend from the Select Committee.

[Chris Davies]

I thank my hon. Friend from across the divide for giving way. When the Committee took evidence, we found out that the system works particularly well in Scotland. It is not often that I praise how the Scottish National party runs Scottish affairs, but that system works well. Why cannot we do things as well on this side of the border?

[Jim Fitzpatrick]

With my classic cockney accent, I hope that I will be forgiven if I do not join the hon. Gentleman in praising the Scottish National party. I think the policy predates the SNP taking over the Scottish Government, but it has continued since. Indeed, the Procurator Fiscal Service carries out that policy, and the CPS should do so here, but my point is that the CPS is not doing it, is not going to do it, and does not have the resources to do it. If it were not for the RSPCA, the work would not get done, so I support its ability to continue. Until such time as the Government give the CPS and local authorities the wherewithal to do the job, it will not get done unless the RSPCA does it.

[Ann Clwyd (Cynon Valley) (Lab)]

I congratulate the hon. Member for Tiverton and Honiton (Neil Parish) on securing the debate. I want to give a bad example from my constituency, which has quite a few animal welfare issues. In this instance, a young fox had a habit of going to a large supermarket every night to hunt for food. A gang of boys got hold of the fox by the tail and hurled it round and round, smashing its head against a wall several times, and then stamped on its head. The punishment for that—well, it was hardly a punishment at all. It is absolutely necessary to increase the penalties for people who inflict that kind of cruelty on animals.

[Jim Fitzpatrick]

My right hon. Friend makes the point emphatically that the penalty does not fit the crime. As the hon. Member for Tiverton and Honiton mentioned, such penalties need urgent review.

I apologise that I will go over my eight minutes, Madam Deputy Speaker, but hopefully by only one and a half minutes. Given that the RSPCA cruelty helpline receives 1 million calls, 15% of which are investigated, there is too much work to expect the prosecutorial authorities to accept responsibility.

The issue of third-party sales split not only the Committee, but the animal welfare organisations. Dogs Trust and Blue Cross were against a ban, preferring a stronger enforced licensing regime, but the Kennel Club supported it. There is no disagreement about the objective, only about the tools that should be used to better protect animals and purchasers. I look forward to hearing the views of the Minister and the shadow Minister about that difference of opinion on the proposed ban, and about how the Government expect to make progress on dealing with concerns about this important issue.

The Minister knows that he is held in high regard by members of the EFRA Committee and by animal welfare organisations. Even though animal welfare is not his primary responsibility, he answers to the Commons on that topic. There is no disagreement about wanting better animal welfare; the key challenge is how to deliver it. I am confident that the Minister and his colleagues, encouraged by my hon. Friend the Member for Workington (Sue Hayman) on the Opposition Front Bench, will continue to be as effective as possible in this matter. I am grateful to have had the opportunity to say my few words.

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[Simon Hart]

My hon. Friend makes an interesting point. I need to listen to “The Archers” a bit more often. From what I gather, the programme is covering quite a lot of contemporary issues at the moment, but he makes a good point.

In conclusion, let me bring to the attention of the House the letter written by the Attorney General’s Office in the name of the Solicitor General to my right hon. and learned Friend the Member for Harborough (Sir Edward Garnier) who raised the question about whether the Crown Prosecution Service ever refuses to proceed with prosecutions on the basis of resource. The answer stated:

“Resources are never the only bar to prosecution because as you know, the Code of Crown Prosecutors sets out the two stages of the Full Code Test”.

In answer to the question, “Does the Crown Prosecution Service ever refuse to proceed on the basis of a lack of expert knowledge in the subject area in question?” the Solicitor General said:

“No, but a distinction should be drawn between expert knowledge provided by expert witnesses and specialist legal knowledge.”

[Jim Fitzpatrick]

I made reference to the wording of a recommendation, which I have reflected on significantly. It says that the RSPCA

“should, however, withdraw from acting”.

I understand the hon. Gentleman’s point, and I agree that the CPS should be acting, but does he really think that the CPS will do it if the RSPCA takes a step back?

[Simon Hart]

The hon. Gentleman makes a good point. The Wooler report, which has been much talked about and which has helped us to reach our conclusions, raises exactly the point that he makes. There is a transitional period, but it is fair to say that concerns have been expressed—not by people such as me who might be accused of having a partisan view, but by more arm’s-length organisations—about potential conflicts of interest between organisations such as investigators, prosecutors, campaigners and fundraisers. The Royal Commission inquiry in 1983 recommended that the CPS was created so that the police would not be accused of that kind of conflict. My view was that if it was good enough for the police to have an arm’s-length prosecuting process, it is probably good enough for the country’s second biggest prosecutor to be subject to the same criteria.

Mr Deputy Speaker, I see you hastening me to a conclusion. Thank you.