Harvey’s Law

Natascha Engel Excerpts

Monday 2nd March 2015 Westminster Hall

[Derek Twigg (Halton) (Lab)]

I beg to move,

That this House has considered the e-petition relating to Harvey’s law.

It is a pleasure to serve under your chairmanship, Mr Rosindell. I am grateful to the Backbench Business Committee for finding time for this important debate. It is good to see that its Chair is here and will take part in the debate.

A lot of people around the country will be following this important debate. We are a country of dog lovers and animal lovers, so a lot of people are interested in it. I am grateful to my constituent, Mrs Pauline Krause, and her fellow campaigners—in particular, Nina Blackburn, who has been leading the campaign—for their help and guidance, which has enabled me to raise this issue in Parliament. They have shown great energy and enthusiasm in setting up the petition and travelling around the country lobbying various MPs, some of whom are here today. It is a great example of democracy in action and how it can work—a constituent goes to see their MP and raises the issue, other members of the public raise it with their MPs and we end up with a debate here. Hopefully, the Minister will go one further and complete the democratic process by agreeing to what is being asked for today. We will hear from him later.

I do not own a pet and have never owned one, but I know from family members, friends and colleagues about the love and care that so many owners have for their pets. As I said, we are a country of animal lovers. Pets can become important parts of families, and deep attachments are commonplace. The loss of a much-loved pet is traumatic for all concerned, and for many families it can lead to a lot of grieving. The fact that more than 100,000 people have signed the e-petition shows the extent of the concern about this issue, and many people are interested in the outcome of the debate. Many families have pet dogs, cats and other animals. The campaigners tell me that about 24% of households in England own a dog, which is a remarkable figure. I imagine that the figure is similar for cats, although I do not know it off the top of my head.

The first I heard about Harvey’s law was when my constituent, Mrs Pauline Krause, came to my surgery in July 2014. Who would have guessed then that I would end up leading a debate on the issue? Pauline explained Harvey’s story. We are here today because of what happened to Harvey, so I will relate that story and give one or two other examples.

Harvey was a beloved pet of Jude Devine and Shaun Robertson, who are from Sheffield but were visiting friends in Rainhill, which, by coincidence, is next door to my constituency. Harvey bolted through an open door on 23 November 2013 at about 10 pm. He was killed on the M62, which was just 21 minutes away. Harvey was chipped and was wearing an identification badge. His owners contacted all the relevant bodies, including the Highways Agency, on an almost daily basis, and they were always told that no dogs had been collected from the road. Harvey’s owners, along with many others, searched for him for nearly 13 weeks, believing that he was still alive. They spent thousands of pounds during the search on flyers, banners, newspaper adverts and articles, in the hope that he would be found.

[Natascha Engel (North East Derbyshire) (Lab)]

On that point, people spend a lot of time phoning up the Highways Agency, the local authority and local vets, and it costs those agencies money to deal with the phone calls. This debate is about not only grieving pet owners but public money, and the measures that we want to be introduced will save money for the public purse.

[Derek Twigg]

As usual, my hon. Friend makes an important point. There is a cost to the owners of the pets, but the cost to the public purse can be also be substantial, because it takes time to contact the individuals and chase them up. That is not a good use of public time. If the law we are debating today were introduced, the situation would be much better.

Harvey’s case was tragic, and I want to give a few more examples, because the tragedy can be unbelievable for some families.

--- Later in debate ---

[The Minister of State, Department for Transport (Mr John Hayes)]

It is a delight to serve under your stewardship, Mr Rosindell, and I congratulate the hon. Member for Halton (Derek Twigg) on securing the debate. I think that I am right in saying that it was 10 years ago this month, Mr Rosindell, that the late Lady Thatcher visited Romford and met Buster, your beloved dog, in his St George’s cross coat. What more fitting time to serve under your chairmanship than in this important debate?

Affection takes many forms. Homes are bound by ties, and the love that in families dwells is, in my judgment, enhanced and embellished—no, more that that: deepened—by the affection felt for domestic animals. The atmosphere engendered by pets in any home and the mood they generate changes families and changes life. They teach us to regard what God made in a different way; they challenge our certainties; they oblige sensitivity in all but the most inane; and they soften all but the hardest of hearts. As all hon. Members who have contributed to the debate have said, it a matter of uncertainty whether we own them or they own us. One of my favourite poets, T. S. Eliot, said:

“When a cat adopts you there is nothing to be done about it except put up with it until the wind changes.”

When we are adopted by our pets, we understand that affection—that deepening love.

It is in that context that we come to this debate, which was stimulated by the response of the Backbench Business Committee to a campaign that was being run on the basis of the loss of a much loved pet. I am delighted that so many hon. Members have contributed to the debate and that others from that campaign are here to witness it.

People’s distress after the loss of a pet has been made absolutely clear in contributions from throughout the Chamber, as the shadow Minister, the hon. Member for Birmingham, Northfield (Richard Burden), said, including from my hon. Friend the Member for Ealing Central and Acton (Angie Bray), the right hon. Member for Knowsley (Mr Howarth), my hon. Friend the Member for Colne Valley (Jason McCartney), the hon. Member for Denton and Reddish (Andrew Gwynne), my hon. Friend the Member for Pendle (Andrew Stephenson) and others.

It is important that I pay due regard to those contributions by setting out the circumstances that have led to the debate and underpin what has happened so far. As the Opposition spokesman said, the Highways Agency network management manual of 2009 sets out procedures for notifying owners of dogs that are killed on the strategic road network for a number of Highways Agency contracts in various parts of the country. Those contracts are being phased out and replaced with asset support contracts, which are underpinned by a new type of technical requirement: the asset maintenance and operational requirements. The document relating to those requirements details certain points to which our regional asset support contract service providers must adhere.

Requirements are outcome-based as far as possible and require the service providers to take risk-based, intelligence-led approaches to optimise their delivery. That has led to a change in the approach to dealing with canine fatalities across the strategic road network, as the replacement contract maximises efficiency. As has been made clear, new contracts no longer mandate that canine fatalities are scanned or identified, or that the owners are contacted. I know that the current position must be hugely disappointing for all animal lovers and pet owners alike.

I should like to clarify details of the statement made in response to the Harvey’s law e-petition upon its reaching 10,000 signatures, which described the standards set out in the network management manual. In my judgment that response was unclear, because it did not accurately reflect the Highways Agency’s changing approach to dealing with these fatalities. As soon as I heard about that, I asked for an urgent review. It is regrettable that that was not properly explained. So, I should like to clarify that the new contract was in operation in the area where Harvey the dog was collected. With regard to that sad occurrence, I understand that Harvey escaped when staying with the owners’ friends, which must have been heartbreaking for all involved.

Although the agency’s previous mandatory policy for dealing with canine fatalities is as I have described, it is still the contractor’s responsibility to follow their own processes and procedures. In this case, the contractor collected Harvey’s remains and transported them to a depot. A dog collar was located, but no tags were attached that could have enabled contact to be made with the owner. A scanner was used to attempt to locate a microchip, but sadly this was unsuccessful. The north-west motorway police group was asked whether any dogs had been reported as missing, but a negative response was received. Harvey was cremated and the ashes scattered in the cemetery.

Some weeks later, a Highways Agency traffic officer involved in collecting a dog from the carriageway came across a missing dog poster at a motorway service area and kindly contacted the owner to inform them of what had happened.

Not only are Highways Agency staff put at risk when trying to retrieve animals to reunite them with their owners, but any animal that escapes on to the network is a problem for drivers, who will take evasive action, which may result in a traffic collision involving potential casualties. It is important to note that due to the high speeds on the strategic road network, there is always a risk that a disc, microchip or other identifying mark will be lost in an incident. Because of the severity of accidents and the speeds involved, it is impossible to guarantee that remains can be fully identified in all cases.

The priority of Highways Agency traffic officers is to ensure safe journeys for road users. Nevertheless, when officers attend incidents involving stray or carried animals involved in collisions, they must deal with such incidents humanely and with compassion. Such incidents are distressing for all concerned. With the agency’s forthcoming transformation to Highways England and the surety of the funding and increased investment detailed in the roads investment strategy, there is an opportunity to focus more on the service that the agency delivers to its customers.

[Natascha Engel]

All we are asking for is that anyone who finds a dead animal passes the scanner over it to see whether it is chipped. It is a straightforward procedure; there is nothing complicated about it. The Minister is making it sound like it is enormously complicated, but it is not.

[Mr Hayes]

I am coming to my exciting peroration, and the hon. Lady will, I hope, be pleased with what I have to say. Although it is not possible to identify all animals or pets that are very badly injured or killed in high-speed accidents, it is absolutely essential that every possible and practical measure is taken to identify them and to contact their owners whenever and wherever possible. That involves working with relevant pet registration organisations, including the Kennel Club, and using any means by which the animal might be identified. As the hon. Member for Halton said, that aligns well with the amendment to the Animal Welfare Act 2006, which will make it compulsory to microchip all dogs from April 2016. As he argued, it would be ironic and contradictory not to rethink the practice highlighted by the campaign that followed Harvey’s death. I have therefore asked the Highways Agency to ensure that it collects and identifies every animal that is killed and to contact the owners by whatever practicable means, but I want to go further than that.