UK Parliament / Open data

Animal Welfare (Sentencing) Bill

I congratulate my hon. Friend the Member for West Dorset (Chris Loder) on bringing forward this life-changing private Member’s Bill. I say life-changing because it is life-changing for our animals, who are sentient beings who can feel and have emotions. We must do all we can to protect them.

I thank my predecessor, Anna Turley, who introduced the Animal Cruelty (Sentencing) Bill with similar aims in the 2016-17 Session. I paid tribute to her earlier, but I put on record again my thanks for her work on animal welfare. On this issue, I am proud to follow in her footsteps. On the same day, my hon. Friend the Member for Torbay (Kevin Foster) introduced the Animal Fighting (Sentencing) Bill, for which I thank him as well. It is clear that proper sentencing for animal abuse unites hon. Members on both sides of the House.

I also pay tribute to and congratulate my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), who is not in the Chamber, on his work on Finn’s law, the Animal Welfare (Service Animals) Act 2019, to which this is the sister Bill in many ways. Like my hon. Friend the Member for Wolverhampton North East (Jane Stevenson), I congratulate the police dog Finn and his owner Dave, who I had the privilege of meeting earlier this year.

In the short space of time I have known my hon. Friend the Member for West Dorset, I have found him to be an equally fierce advocate for animal welfare. His story about Poppy the dog, his inspiration for the Bill, is incredibly moving, and I am sure that we are all glad that Poppy now has a safe home with him. As I said, an iteration of the Bill was first presented on the Floor of the House on 4 July 2016, and I regret that it has taken so long for it to pass through this House, while abusers have continued to evade proper justice for their crimes against animals. However, we are here now, and I hope that we can finally make history by delivering on our manifesto promise to increase sentencing for animal abuse.

I believe that animals are sentient beings and, as my hon. Friend the Member for Eastbourne (Caroline Ansell) said, they are more than that. They deserve our full protection and respect. My predecessor introduced her Bill following two tragic cases of animal abuse in Redcar and Cleveland. The first was of a bulldog called Baby, who was lifted above her owner’s head and thrown down the stairs repeatedly. I am grateful to hon. Members for mentioning that case already, and I apologise for the upsetting details.

Not content with simply abusing Baby, the two young men video-recorded their actions for further entertainment, and thank goodness they did or perhaps they would have never faced justice. The RSPCA investigated the case of Baby and took forward a private prosecution after a secure digital card was found in a supermarket some three years after the original incident, which had the video evidence filmed by one of the abusers. I pay an enormous tribute to the RSPCA for the amazing work that it does, and I congratulate my hon. Friend the Member for West Dorset on securing its full support for his Bill.

The RSPCA inspector Gemma Lynch described the clip for the court, saying that Baby was

“totally submissive throughout, not even making a noise when she lands on the stairs, bouncing to the foot of them where there is a baby gate which she crashes into before hitting the ground.”

She described how a second clip showed Baby’s abuser

“stamping on her neck repeatedly at the bottom of the stairs, then picking her up and throwing her to the ground with force over and over again…Another clip shows him standing on Baby’s chest…before jumping up and down on her. This is the only time you hear her make a noise, and she is crying throughout.”

During the RSPCA’s investigation, it discovered that Baby had to be put down three months following the incident, after losing the use of her hindlegs. The two men pleaded guilty to animal cruelty and were sentenced to 21 weeks in prison, suspended for two years, given a six-month tagged evening curfew, and ordered to pay £300 in costs. They were also banned from keeping animals for life, with no appeal for 20 years. I am sure that across the House we are all left with the question: has justice truly being done for Baby in that instance?

The second case happened later that year, though three years since the original incident with Baby, when a little terrier called Scamp was found buried alive with a nail hammered in his head in a shallow grave in Redcar. Scamp was discovered by a walker who heard grunting from a mound in Kirkleatham woods and took the animal to a vet. The vet who examined the terrier described the abusers’ actions as the worst case of animal cruelty that he had ever seen. The two men who admitted the charges and pled guilty to the offence relating to the dog’s death were jailed for just four months, the maximum that they could have received owing to their guilty pleas, and banned from keeping animals for life. Again the question is: has justice been done for Scamp?

The then chief executive of Battersea Dogs and Cats Home said:

“The unimaginable suffering Scamp endured at the hands of his owner, a person he should have been able to trust implicitly, will horrify the nation. The two men responsible have been sentenced to just four months in prison. Why? Because magistrates are unable to issue anything more than six months for even the most appalling and callous acts of animal cruelty. England and Wales’ maximum sentence simply must change. Four months for what was done to Scamp is neither a fitting punishment nor a deterrent.”

As I said, that was in 2016. When interviewed, the abusers told the RSPCA inspectors that Scamp had started to go blind, deaf and incontinent and that they thought that killing him was the right thing to do. They claimed that they acted as they did because they could not afford euthanasia for Scamp and that the dog was starting to suffer from illnesses.

The question of animal welfare and the proper prosecution of animal abusers raises many other questions, including the availability of information for owners who want to do the right thing if their animal is suffering but do not necessarily know what to do. Greater education when it comes to keeping animals is incredibly important and it should start at a young age, with us teaching our kids about animal welfare in schools. The hon. Member for Bristol East (Kerry McCarthy), who is no longer in her place, mentioned that earlier. I would also like to see us use the data afforded to us through microchipping to communicate with animal owners on what to do when they do not know or cannot afford to look after their animal. There are so many incredible charities that will support them, whatever decision they need to take about their animal. At this point, I am pleased to say that the remainder of my speech is a bit more upbeat and less graphic.

When it comes to dealing with the aftermath of abuse and helping animals to recover and find a loving home, there is so much goodwill and so many positive achievements in my community of Redcar and Cleveland. I pay tribute to the incredible work that Maxi’s Mates does as our county pound. Maxi’s Mates, which sits just outside my constituency, began only in 2012, but it has gone from strength to strength, taking over as the pound in 2016, with 39 kennels for dogs needing to be rehomed. It holds the contract to attend to stray dogs in the area and insists on never putting a healthy dog down. In my constituency, we also have the amazing Saltburn Animal Rescue Association in Kirkleatham, which has operated since 1995. It offers to shelter cats and dogs who require rehoming and works with other pounds across the country to house animals that were not able to find a home elsewhere.

Both those charities operate largely on donations from the public and work with a large volunteer base, which has been incredibly stretched during the pandemic, as have all charities. However, we are a community of animal lovers in Redcar and Cleveland, and for that reason I believe that this legislation will be welcomed across my constituency as a crucial step in addressing the principal injustice in sentencing. However, after speaking to a number of organisations regarding the Bill, there are some wider elements I want to raise, and perhaps the Minister, or my hon. Friend the Member for West Dorset, can give me some assurances about them.

Under the Animal Welfare Act 2006, an animal can be removed from an abusive owner by the police or an inspector on the authority of a vet certifying that the animal is suffering or is likely to suffer if its circumstances do not change. If an animal is seized under section 20 of the Act, there is a concern that animals may end up spending an extended period of time suspended in the system, unable to be rehomed. This is particularly relevant to dogs, who may spend months, if not years, in kennels while a case goes through court. Many dogs find kennels difficult to cope with, and this can prove a distressing experience for them. In the instance of a puppy breeder, it is unhealthy for a young group of pups to grow up in kennels and can lead to further complications in their later rehoming. Further to that, the cost of housing these animals, while we are unable to rehome them, is growing all the while. A side effect of increasing the length of sentence provided by the courts could see more cases going to the Crown court, which in turn could lead to longer waiting times.

The Animal Welfare Act already provides for animals to be cared for or humanely destroyed under section 20 and seems also to suggest that a seized animal can be, in a sense, fostered but simply not adopted. In my view, that could be amended to include, as the Act puts it, “disposing” of an animal—in other words, rehoming in these circumstances. In Scotland, the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 gives authorised persons the power to transfer, sell, treat or humanely destroy animals that have been taken into possession to alleviate suffering without the expressed will of the animal’s owner. We should do what we can to replicate that in English law, and I ask the Minister to consider the feasibility of such a change in Committee.

I have spoken with Dogs Trust, which has suggested that to help with enforcement, which the right hon. Member for Warley (John Spellar) raised, the creation of an animal welfare inspectorate would reduce the disparities that currently exist between the level of animal welfare support provided by local authorities. Under the Animal Welfare Act, local authorities must appoint at least one qualified animal welfare inspector. The latest data available shows that in 2018-19, 111 of 343 local authorities did not record any animal welfare inspectors, although in some cases they could be shared between local authorities. Effective enforcement could even help to uncover other forms of abuse and neglect, as studies have shown the long-term link between animal abuse and human abuse, which my hon. Friend the Member for Tiverton and Honiton (Neil Parish) referenced.

Abusers are not always owners. Dog walking and dog sitting have become popular side jobs in recent years, and those activities remain largely unregulated. The RSPCA has recently exposed cases of abusive dog sitters

being caught on camera and stressed the need for pet owners to be extra vigilant when trusting a stranger to look after their animals, even for a short time. Questions also need to be raised about pack walking and whether dog walkers should be limited to walking a certain number of dogs at the same time, to avoid stress for the dog and walker and avoid any aggressive behaviour among the dogs. That is an emerging area of concern, particularly in areas such as Redcar and Cleveland, where we have fantastic beaches and beautiful countryside.

I was incredibly pleased when, in 2016, it became compulsory for dogs over eight weeks of age to be microchipped in England, Scotland and Wales. Like the right hon. Member for Warley, I would like to see greater enforcement of that. Microchipping is so important because it means that owners who abuse and abandon their dogs can be traced and found and no longer avoid any responsibility. I also welcome the Government’s commitment to introduce compulsory microchipping for cats, so that they enjoy the same level of protection as dogs. I understand that the consultation on that has finished, and I would be grateful if the Minister could update us on progress.

There is clearly plenty more to do if we want domestic, commercial and wild animals all over the country to be treated with the dignity and care they deserve. My hon. Friend the Member for West Dorset spoke passionately about non-stun slaughter, on which I wholeheartedly agree with him. My hon. Friend the Member for Stoke-on-Trent Central (Jo Gideon) spoke passionately about live animal exports. My hon. Friends the Members for Ipswich (Tom Hunt) and for Wolverhampton North East spoke passionately about pet theft, on which I wholeheartedly agree with them.

Animal welfare covers so many different areas, and this Bill offers a chance to look at those areas again and make the improvements necessary to give pets and other animals the best possible environment throughout their lives. The existing six-month maximum penalty for animal cruelty is the weakest in Europe. Our neighbours in France have been enforcing maximum sentences of two years and fines of €30,000 since 2018. That makes a change in the law even more pressing, and we cannot delay any further. Should the Bill fail, I urge the Government to bring forward this legislation in Government time urgently, as this cannot wait any longer.

12.44 pm

Type
Proceeding contribution
Reference
682 cc1388-1392 
Session
2019-21
Chamber / Committee
House of Commons chamber
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