UK Parliament / Open data

Dogs (Protection of Livestock) (Amendment) Bill

It is a pleasure to speak to my own Bill. It has its origins in the topics to be considered on the Animal Welfare (Kept Animals) Bill, but for a variety of reasons, which I expect we may go into again on Third Reading, this is now a single-issue Bill. I also rise to speak to the amendments.

In Committee, there was considerable discussion on what penalties would be deemed appropriate. One concern I had—I tabled my own amendment—was simply to ensure that we were not in a situation where the penalties could in any way be less than what had been intended in the Dogs (Protection of Livestock) Act 1953. There was no question of that in many ways because the penalty in the original 1953 Act was so small, but it did allow a situation to emerge where there was an increase in penalties or fines against owners of dogs if there had been repeat offences. That is what I sought to discuss with hon. Members, the Minister and officials, to ensure that that was not the case. I was delighted that the Government agreed with that principle and that officials were able to come forward with a different amendment, which I am delighted to be moving today.

Amendment 2 is the substantive amendment—amendment 1 is consequential to it—and if the House agrees to it, the person who commits an offence under the section is liable, on summary conviction, to a fine. There is no limit on that fine; it is an unlimited penalty. This has become a trend in legislation in recent times. That matters because Parliament is not putting in place a cap on what can be done. The flexibility that we can give to the courts is an important way of tackling unacceptable behaviour, such as effectively neglecting the conduct of a dog so that it attacks other animals.

I would still expect the Sentencing Council to issue guidelines regarding what will be appropriate, but in Committee it was deemed important to ensure that we reinstate that element of ensuring there could be an escalation, and not some arbitrary cap where Parliament decides once and for all on what the fine could be, depending on the severity of the offence. In Committee

we heard of multiple situations involving either one ewe or lamb, or indeed several. As a consequence, I think it right to allow our courts discretion to adjust the fines accordingly, in line with what the public would expect.

Type
Proceeding contribution
Reference
750 cc569-570 
Session
2023-24
Chamber / Committee
House of Commons chamber
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