Animal Welfare (Sentencing) Bill

Oliver Heald Excerpts

2nd reading: House of Commons & Programme motion: House of Commons
Wednesday 10th July 2019 Commons Chamber

[Sir Oliver Heald (North East Hertfordshire) (Con)]

It is a great pleasure to follow the hon. Member for Workington (Sue Hayman). I agree with many of her comments about the importance of the sentencing increase applying generally to cases of animal cruelty and various other offences under the Animal Welfare Act, and how there should be no distinction between particular offences. I welcome the Bill because as well as increasing sentences for animal welfare offences in respect of all animals, it has a special relevance for me and those of us who supported Finn’s law, the Bill that became the Animal Welfare (Service Animals) Act 2019.

When I first met my constituent PC Dave Wardell and Finn, who live in Buntingford, and heard their story, I knew we had to try to change the law. Finn had been badly injured in October 2016, saving Dave’s life in an attack by a knife-wielding suspect, yet there was no separate penalty at court for the attack on this service animal, and the charge was criminal damage, treating Finn as though he was just a piece of kit. Because a seven-year-old police dog is not worth much money and criminal damage is judged by the value of the damage, no separate penalty was imposed at court for the harm done to Finn, despite the fact that the dog was almost killed in the attack, faced a four-hour operation, and had saved his handler’s life. Solicitor Sarah Dixon started a national campaign for Finn’s law that has united press, public and politicians. Both the Daily Mirror and The Sun have supported Finn’s law, and a petition raised over 125,000 signatures.

I first drafted a Bill based on Qanto’s law—a Canadian law named after another brave dog—and was given permission by the House to bring it in as a ten-minute rule Bill in December 2017. I discovered that Ministers had reservations. After many discussions and lots of pressure from supporters, I decided that a different approach was needed—one based on measures in Western Australia. Ministers were worried that, were we to have only an offence of attacking a police dog carry a sentence of five years’ imprisonment, it would not reflect properly the point made by the hon. Member for Workington that the same maximum sentence should be available for ill treatment of all animals. Ministers agreed to go with the Western Australian approach and I presented the replacement Bill, which became the 2019 Act.

The original Bill was drafted with a maximum penalty of five years’ imprisonment for an attack on a service animal, but Ministers made it clear to me that my new Bill should make it straightforward to prosecute under the Animal Welfare Act for causing unnecessary suffering to a service animal and they would bring in this Bill to increase the sentence for Animal Welfare Act offences against any animal. I have therefore always regarded this measure as Finn’s law part two—putting in a proper maximum sentence.

I had great support for my Bill from Members of all political parties, including the author of the original Animal Welfare Act, the right hon. Member for Exeter (Mr Bradshaw). It took many months, but we made progress. Lord Trenchard took the Bill through the House of Lords, and Royal Assent was given on 8 April, as has been mentioned. The Act is now in force. Importantly, Finn attended Parliament on all occasions and helped to get the support we needed. When the Bill finally got through in the other place, Finn let out a loud bark in the Public Gallery, to the amusement of many noble Lords and Baronesses. Very few ten-minute-rule Bills become law, so it was a great moment.

The Finn’s law campaign has maintained the social media pressure, and holds a twice-weekly twitterstorm called “Finn hour” which has been directed very effectively to help change the law. Every mayor and all the police and crime commissioners in our country have supported Finn’s campaign. It has been a privilege to work with the team and to see the part two Bill introduced.

Let me just read out some of the comments I have received from Finn’s law campaigners about this Bill. I have received hundreds of messages of support during “Finn hour”. People have said things such as:

“There are far too many instances of animal cruelty reported every day. The increased sentences are needed urgently”;

“Here’s wishing the Animal Welfare (Sentencing) Bill a speedy and successful passage”;

and:

“Hopefully, a speedy passage. Finn ‘barks’ for…the country”.

It is also important that, in time, this should cover Scotland and Northern Ireland. My colleague Liam Kerr MSP has been pressing in Scotland, and we have met Nicola Sturgeon, with Dave and Finn, and there is now a consultation in Scotland. That shows that Finn is a very effective dog. We are also in touch with Northern Ireland MPs.

Finally, the House may be interested to hear that since the passing of the Bill, Finn, already the most decorated police dog, has continued to collect awards: he won at Crufts; he has been given the freedom of the town of Buntingford; and he was recently a finalist on “Britain’s Got Talent”, where his story and Dave’s pitch for this Bill to become law brought the great Simon Cowell to tears. So, I welcome the Bill; Finn’s law part two takes a big step forward today.

--- Later in debate ---

[Angela Smith]

I completely agree with the hon. Lady. Indeed, that was a point I made in the Second Reading debate on the Bill that became the 2006 Act, and I will say more about that later.

When we compare ourselves with every other European country, we see that the maximum sentence for cruelty to animals in England and Wales is woeful. A substantial number of European countries have already legislated for a maximum sentence of between two and three years, and in some cases it is up to five years, as the Minister pointed out. Further afield, Canada, Australia and New Zealand already offer a maximum of five years’ imprisonment. Even within the United Kingdom, the maximum sentences in England and Wales pale in comparison with Scotland’s one-year sentencing power and, even more so, with Northern Ireland’s sentencing power of up to five years. I pay tribute to Northern Ireland for having made progress on this before any other devolved Administration or indeed the UK Parliament. I also recognise that Scotland has announced a consultation on proposals to increase sentences to five years, and I hope the Scottish Parliament sees that consultation through and implements stronger powers, so that we can all be in line and be in the same place as a United Kingdom.

There are several reasons why sentences for animal cruelty need to be increased, not the least of which is that public attitudes have no doubt changed in the 10 years since the passing of the 2006 Act. I served on its Bill Committee and I recall the contribution of the hon. Member for North Herefordshire (Bill Wiggin), who led for the shadow team. I remember those sittings clearly. It is now becoming more obvious that the courts, too, want to be given the option to pass tougher sentences for extreme forms of cruelty, with many magistrates and judges asking for an increase in the punishments they have at their disposal. Without this increase in sentencing powers we could also be in the invidious position of facing the prospect of no prison terms for animal cruelty or for fighting with animals being available to the courts, if the Ministry of Justice’s proposal to abolish sentences of six months or less is taken forward and implemented. We need to bear that in mind, and it is another reason why this legislation is so important.

I also want to draw attention to the link with domestic abuse. Blue Cross has pointed out that research clearly suggests a link between animal abuse, domestic abuse and other serious crimes. It found that women in domestic violence shelters were 11 times more likely to report that a partner had hurt or killed pets in the home, as the shadow Secretary of State pointed out. The research also shows a direct correlation between cases of animal abuse and cases of child abuse, with children at risk in 83% of families with a history of animal abuse. It should not surprise any of us to hear that. We need to do more as a society to join up the investigative powers of social services, the education system and the animal welfare charities, which work so hard to identify cases of animal abuse in homes up and down the country. We could do more to encourage joint working between these different agencies and charities to raise awareness of where the risk lies to animals, children and women, and to people generally.

Before I draw my comments to a conclusion, I want to pay tribute to the Chair of the Select Committee on Environment, Food and Rural Affairs, of which I am a member, for his leadership of our inquiry—the pre-legislative scrutiny we carried out on the original Bill, which put animal sentience provisions and animal sentencing powers together in the one Bill. It was a very good inquiry, and the recommendation we clearly made was that the two sets of provisions needed to be separated and that we needed to implement the sentencing powers provisions quickly. I am only sorry that it has taken so long to get to this point. A number of Opposition Members have asked the Secretary of State repeatedly when we were finally going to see this Bill on the Floor of the House. We have got here now, so I will leave that there, and just say that I am thankful to be able, at last, to get this on to the statute book.

I hope that the Bill will quickly pass its legislative hurdles and gain Royal Assent later this year, because we need to see these measures enacted. I take the point that there are various other issues that could be addressed in these provisions, such as extending the powers to cover cases involving wild animals, but I think we just need to get on and get this Bill through Parliament and on to the statute book. I know that the animal welfare charities are keen that that should be the case. I have been contacted and asked, “Please keep it simple.” So I understand the debate about other areas of animal welfare policy, but let us just get on with this. It is long overdue and we need to get on with it.

[Sir Oliver Heald]

I very much agree with what the hon. Lady is saying. Does she agree that as we are towards the end of the Session and have a limited window in which to do this, we really need to get it done?

[Angela Smith]

I take that point entirely, although it is not the fault of Opposition Members that we are up against it in the way that we are, with, I hope, the Session due to end at some point soon and the Queen’s Speech on its way. We do need to get on with this, and we should keep it simple.

The measure is supported by all the major animal welfare charities. I pay tribute to the work on this issue by Battersea Dogs & Cats Home, Blue Cross, the Dogs Trust and the RSPCA, all of which are worthy charities that I have worked with over a significant number of years. I also wish to mention World Horse Welfare, which of course feels strongly about this issue and needs to be included in any list of tributes to the animal welfare sector for the campaign to increase the sentencing powers.

It is right that the situation in England and Wales comes into line with that in the rest of the UK and in other western countries. I repeat that the current limit of six months, which is often reduced by a third if the defendant pleads guilty, is clearly not adequate and does not act as a deterrent, as shown by the fact that many of the associations that deal with animal cruelty have reported increases in cruelty, especially of the most serious types, despite the Animal Welfare Act being on the statute book.

I conclude by saying again: can we please just get on with this and get it implemented? Let us give the courts the powers that they need.