RSPCA (Prosecutions) Debate

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Department: Attorney General

RSPCA (Prosecutions)

John McDonnell Excerpts
Tuesday 29th January 2013

(11 years, 3 months ago)

Westminster Hall
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Caroline Lucas Portrait Caroline Lucas
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I shall come on to that in a moment. There are many reasons why that amount of money had to be spent. I do not suppose that any of us would choose to spend money in that way, but, to return to the wonderful comment by the hon. Member for Newport West (Paul Flynn), if people stopped breaking the law the RSPCA would not have to keep spending the money.

Given that the RSPCA has a 98% prosecution success rate, compared with 50% at the CPS, it would seem to be pretty well practised at assessing whether a case looks set to succeed. In the instance of the Heythrop hunt, the charity’s judgment was correct and a conviction secured. It was a landmark case, the first time that a hunt has faced corporate charges for illegal hunting and the first case brought by the RSPCA for breaches of the Hunting Act. That case was based on footage of foxes being chased by dogs, filmed on several occasions in Gloucestershire and Oxfordshire during November 2011 and February and March 2012. Expert analysis verified that the offences were deliberately committed.

All that indicates that the charity thought carefully before bringing a prosecution under the Hunting Act. It considered the evidence and judged accurately that the case was likely to be won. It assessed the impact of the case in acting as a deterrent and in sending out a clear message about upholding the ban on dogs chasing and killing wild mammals, thus preventing animal cruelty. Judging by the interest that the ruling has attracted, the charity made a pretty smart call on using resources effectively.

John McDonnell Portrait John McDonnell (Hayes and Harlington) (Lab)
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To defend the organisation, is it not true that this has nothing to do with a false concern about the expenditure of money, and that it is about neutralising the RSPCA before a new onslaught to repeal the hunt legislation?

Caroline Lucas Portrait Caroline Lucas
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The hon. Gentleman is quite right: there is a smoke screen, and I want to show how the case is not coherent and has no real rigour.

Much of the interest has been about the amount of money spent, with concerns expressed that the expense was not justifiable. I disagree. It was a test case and one based on a high volume of evidence, which needed careful examination to determine whether it constituted a strong enough case to bring to court. Ironically, many critics of the cost are also questioning the RSPCA’s judgment on the prospects of success, even though the charity’s thoroughness in considering whether prosecution was appropriate and its experience of other high-profile criminal prosecutions were what allowed it to budget accurately and appropriately.

It is also worth noting that the defendants indicated right up until trial that they would defend all charges rigorously. Given the importance of the case, and that the evidence and public interest tests were met, the RSPCA had a duty to respond with equal rigour and not to back down in the face of lawbreakers and those guilty of animal cruelty. Indeed, the Charity Commission has vindicated the RSPCA’s decision, stating in the letter I just quoted that it did not consider the trustees to have

“breached their duty of prudence”.

The public interest test is important. Enforcing such an important piece of animal welfare legislation is in the interests of the public, for both those who support the law and those who wrongly believe that they are above it.