Animal Welfare (Service Animals) Bill

I beg to move, That the Bill be now read the Third time.

I wish to thank Members who co-sponsored this Bill, those who were selected for the Committee and all the other Members and supporters, such as the hon. Member for Halifax (Holly Lynch) who has been very supportive but who is currently on maternity duty. They have been great supporters of this small but important change in the law, popularly known as Finn’s law. I also thank all those who have campaigned for this measure, including PC Dave Wardell, Sarah Dixon of the Finn’s law campaign, many animal charities, the media, including the “Today” programme, The Sun and the Daily Mirror, all police and crime commissioners, including David Lloyd from Hertfordshire, and mayors such as Andy Burnham. I am grateful to the Administration Committee for agreeing that Finn could attend the various stages of the Bill accompanied by PC Wardell and Sarah Dixon. I thank my Whip, my hon. Friend the Member for Castle Point (Rebecca Harris), who has championed the Bill and helped me a great deal with this. I also thank you, Mr Speaker, for your advice early on in the proceedings when you told me to keep persisting and perhaps I would get there, and it looks as though I may, so thank you very much.

This Bill, which received a Second Reading on 6 July last year and passed Committee on 16 January, arises from events that I explained to the House in my ten-minute rule Bill application on 5 December 2017. My constituent PC Dave Wardell is a police dog handler from Buntingford in my constituency where he lives with his family and Finn, now a retired police dog. On Wednesday 5 October 2016, PC Wardell and Finn were on duty in Stevenage when a robbery suspect ran off and they followed. The suspect was found hiding in a garden when a light came on. PC Wardell called, “Stop! Police!” but the suspect started to jump up a fence. Finn took hold of his lower leg to restrain him. The man lunged at Finn with a 10-inch bladed hunting knife and stabbed him right through the chest several times. He then turned his attention to PC Wardell. Finn intervened to save PC Wardell as the blade was aimed at his face. Finn put himself in the way to save the officer, and PC Wardell received a hand wound, but the dog received serious head wounds as well as the chest injuries. PC Wardell believes that Finn saved his life.

As other officers arrived, the suspect was apprehended. Finn was badly injured, bleeding and was taken to the vet and then on to a specialist vet. He was in a terrible shape with his lungs punctured in four places and yet he was licking his handler’s hand wound. Finn had a four-hour operation to save his life. The vet commented on his strength and bravery. PC Wardell slept downstairs with Finn for the next four weeks, and I think we are all pleased that Finn made a remarkable recovery. After 11 weeks, he was ready to go back to work with PC Wardell. On his first shift, on 22 December 2016, they arrested a fleeing suspect on their first outing.

May I thank My right hon. and learned Friend for his persistence in introducing this Bill and say how strongly I support it? He is making the compelling case that treating these animals in the criminal justice system as items of property is entirely unjust, and it does not reflect their bravery and service.

I entirely agree with my right hon. Friend my right hon. Friend the Minister for Policing and the Fire Service, who was here a moment ago, told me that he thought it was unpalatable to think of police animals as equipment. In addition, the penalty for criminal damage is largely determined by the value of the property that is damaged, and a seven-year-old police dog who is close to retirement is simply not worth much money. And so it proved at court, where no separate penalty was imposed on Finn’s attacker for the attack on Finn.

The offence under section 4 of the Animal Welfare Act is potentially a better route, but there are two problems with it. First, the maximum penalty is only six months’ imprisonment. After a consultation, happily the Government have committed to increasing that to five years, and that has been widely welcomed. I pay tribute to the campaigners who have pressed for that, including Battersea Dogs and Cats Home, which is also a strong supporter of this measure. The Government’s commitment to a maximum penalty of five years clearly represents a great improvement.

Secondly, there is a difficulty with the application of section 4(3)(c)(ii) of the Animal Welfare Act, which sets out that various factors must be taken into account in deciding whether the infliction of suffering on an animal can be considered unnecessary—those factors include the protection of a person or property—and currently contains no reference to the role of service animals. Clearly, the mission of a service animal is to restrain a suspect or to use its physical presence to support the actions of an officer in accordance with his or her duty, but there is no reference to that in the Act. We have heard from police dog handlers, prosecutors and all the police and crime commissioners in the country that there is concern that the provision allows defendants to argue that they are justified in applying force against a service animal in self-defence, rendering the force necessary. That has apparently been an issue in deciding not to prosecute for the offence under the Animal Welfare Act.

I thank the right hon. and learned Gentleman—on this occasion, I will call him my right hon. and learned Friend—for the doggedness with which he has pursued this Bill, and I thank those who have campaigned outside. It is unfortunate that the campaign has been necessary. Surely we should be protecting those who protect us. In this instance, we are talking about police dogs, but the same should apply to uniformed staff and the blue-light services. We should treat attacks on them and attacks on service animals as aggravating circumstances, and the CPS should get that message loud and clear.

I certainly agree with my friend the right hon. Gentleman. He is right that such attacks are really attacks on those who keep us safe, and it is a pity if that is not adequately recognised in law. I pay tribute to him; in his support for the measure, he has been like an old dog with a bone—[Interruption.] I will not repeat the sedentary comment that has just been made.

I thank Ministers in the Department for Environment, Food and Rural Affairs, particularly Lord Gardiner; my right hon. Friend the Secretary of State; My hon. Friend the Minister for Agriculture, Fisheries and Food, who is the Minister today and who was supportive at an earlier stage; and the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Macclesfield (David Rutley), who dealt with the Bill in Committee. They have discussed the matter with me at length, and now they are supporting the Bill, which is the outcome of discussions. The Bill follows the example of the Australian Animal Welfare Act, which makes similar provision for service animals. This approach is becoming the norm in advanced countries, and that is good to see.

Clause 1 provides that the consideration in section 4(3)(c)(ii) of the Animal Welfare Act 2006 should be disregarded if the animal was under the control of a relevant officer at the time and was being used by that officer in the course of the officer’s duties, in a way that was reasonable in all the circumstances. A relevant officer is defined as a police constable or a person such as a prison officer who has the powers of a constable, or persons in analogous positions. Clause 2 makes provision for commencement in the normal way. The measure applies to England and Wales, but it is fair to mention that a campaign for Finn’s law to apply in Scotland is gaining ground, and the same is true in Northern Ireland. My hope is that this will become the law across the United Kingdom.

I was not expecting to be called to speak so soon, so it falls to me to say what an enormous debt of gratitude this House owes to Finn—I understand that he is not here at the moment, but he will be later—[Interruption.] Oh, Finn is here. Super! I look forward to meeting him later. Look, he is standing up, so we can see him—marvellous! I am sorry that those on the Opposition Benches probably cannot quite see him, but I hope that you can, Mr Speaker.

As I think we will hear from Members from all corners of the House, we owe an enormous debt of gratitude to Finn, to PC Dave Wardell and to my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald). The Bill has not had an easy passage through this House, and I fail to see how someone without my right hon. and learned Friend’s many years of experience in a wide range of judicial and barristerial posts could have got it this far. Many congratulations to him.

It is a genuine honour to speak in support of the Bill. I am sure we all agree that service animals, from the police to the prison service, do a very important job. There are 1,200 police dogs in service, and more often than not their role is to help in unpredictable and very dangerous situations. Between April 2017 and March 2018, they were used in nearly 2,000 incidents, including 557 occasions when the suspect had a weapon. In just 99 of those incidents, the suspect escaped. I suspect that that is rather better than the statistics for humans who try to apprehend suspects.

As we know from the case of PC Dave Wardell and Finn, however, the result is not always a happy one for the dogs in the line of duty. Finn is just one of hundreds of dogs to sustain an injury while they are doing their jobs. My own local neighbourhood inspector in Cherwell, John Batty, told me about an incident that he witnessed. He says:

I, too, pay great tribute to my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald), who is the very embodiment of a sensible but compassionate Conservatism that is still, in my view, right at the heart of our party, and long may that be so. There is huge support for this measure. I have even had to bring my spectacles today to give it extra attention because of the huge importance that I attach to it. Apparently, the optics are very important these days.

There are two key things I want to talk about. First, there is the principle. I think that most of us were here when we had the Second Reading of the excellent Bill promoted by the hon. Member for Rhondda (Chris Bryant) to protect public servants and introduce stiffer penalties for assaults on them. In effect, the principle is the same. We are saying that where a police dog, for example, is there in the line of duty, that is not a normal procedure—it is something extra special. It is about an animal that is performing a task to protect us and to uphold public service. I very much welcome that principle.

I also want to give the local angle from Suffolk. We have had a very moving case not dissimilar to that of PC Wardell, to whom I pay tribute, up in the Gallery. It concerned a dog called Aman. During an incident in Ipswich in 2011, police dog Aman was stabbed as he attempted to stop an armed man who had stabbed a person after breaking into a home and trying to avoid capture. His handler, to whom I also pay tribute, was PC Steve Jay, who was also injured in the attack. Less than four weeks later, they were both back at work. So excellent was the performance and so vital the role played by Aman in effectively saving a life that in March 2012 he was given the police dog action and humanitarian action of the year award at Crufts—a very special award. In November 2011, the pair were together presented with a special recognition gong during the Stars of Suffolk awards.

It is a pleasure to follow my hon. Friend the Member for South Suffolk (James Cartlidge) in this Third Reading debate. I, too, congratulate my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) on getting the Bill to this stage. I supported his Bill when it was a ten-minute rule Bill, going back well over a year now, and it was a great pleasure to serve on the Bill Committee. I have been able to see his dogged determination to get the Bill to this stage.

The Animal Welfare (Service Animals) Bill, to give it its full title, is more commonly known as Finn’s law. It is great that Finn is here today. The Bill is a much needed reform to ensure that the perpetrators who injure animals in service get the sentence they truly deserve. I was honoured to meet Finn and his handler, PC Dave Wardell, when they came to Parliament during the Committee stage of the Bill. From my childhood, I have had a fear of Alsatians and German Shepherds, so it took quite a lot of courage for me to go up to meet Finn when he was in New Palace Yard, but he was so docile and loved being made a fuss of. However, I was assured by PC Wardell that if he gave the command, the dog would have become a very, very different dog. Luckily, he did not need to give that command, so we were all safe, but we did not get to see a police dog in true action, which I know is quite spectacular. Police dogs are trained meticulously, and that is so important. They are really, really skilled animals. Just as we respect people with skills, from a human point of view, we also need to respect animals with such skills. I commend all police dogs and their handlers for those skills.

This new piece of legislation could so easily have been called Axle’s law. Police dog Axle, better known as PD Axle, is another police dog that was almost killed when he was stabbed three times in nearby Amber Valley in Derbyshire. The attacker had tried to attack a police officer while avoiding arrest earlier that day. After stabbing Axle, he threatened another police officer with a knife. I am sure that all Members will be pleased to learn that PD Axle has recovered from emergency treatment and is now back on duty. Everybody was really pleased to see that. Axle received very many good-will messages. There were posts on social media and requests to know where to send goody bags with doggy treats. Axle became quite a celebrity, just as Finn has. He has perhaps put on a few pounds from eating all the doggy treats as he was recovering.

I commend the relentless efforts of PC Dave Wardell, my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) and the entire Finn’s law team for their efforts with this Bill. As my right hon. and learned Friend said, the Bill has incredible support, and it is so obvious why when one reads Finn’s story. It is not only about the tragic event itself but everything that followed—the agonising wait during Finn’s four hours of surgery, his 11-week recovery in which he was supported by PC Wardell’s loving family, and the wave of public support for a change in the law demonstrated by the online petition. It is an emotional account of remarkable bravery and the crucial role that service animals play in keeping us all safe. Their willingness to protect those on the frontline who protect us reinforces the need for this Bill.

The passage of this Bill would represent a lot more than a recognition of Finn’s and PC Wardell’s sacrifice. We have heard many accounts of why the Bill is needed. It would demonstrate that this House recognises the daily sacrifice that our service animals and their handlers make to protect our communities. The strong penalties that it can implement will act as a serious deterrent to those who think that they can get away with harming our police dogs. Given that at any one time there are over 1,200 police dogs in service, it is right that the whole House recognises that these animals protect us every single day.

I saw this for myself when I undertook a night shift with our local police constabulary, Whitehaven, in Cumbria, over mad Friday, one of the busiest nights of the year. I had the opportunity to meet Jamie, our dog handler, who talked about some of the scenarios in which his dogs were used, which really brought home to me the terrifying experiences a dog handler has to go through. He gave the example of having had to chase his dog as it was chasing a potential criminal and then having to face this criminal in a dark wood as they turned on him with a knife. It was his dog that used its initiative and protected its dog handler. That really brings home how necessary police dogs are in our forces and how we must protect them.

I will keep my remarks fairly short, in the spirit of the debate, and given my keenness to see the Bill progress through the House today. I welcome the fact that it has made the progress that it has, and I congratulate my right hon. and learned Friend the Member for North East Hertfordshire (Sir Oliver Heald) on all the work he has done to bring it to Third Reading from where it will—hopefully, soon—head to the other place and pass through there as well. It is particularly welcome that the Bill follows the work done on the private Member’s Bill to protect emergency service workers. We are now looking to bring in this Bill to provide more appropriate sentences for those who attack service animals.

To be clear, this is not about attacking a piece of equipment; it is not like smashing a window or damaging a desk—this is about attacking a living creature. It is not much of a step up from using violence against a police dog to using violence against a police officer. Therefore, it is right that the courts have more appropriate sentencing penalties available to them when dealing with people who commit the type of offence that was committed against Finn, who, as other Members have said, is with us in the Public Gallery today.

As Members will know, I am a strong fan of animal welfare legislation, having introduced some of my own Bills. Sadly, they did not get through, but, thankfully, the ideas in them have been picked up by the Government to strengthen the penalties available to our courts against those who abuse animals. I am clear that the mindset that would justify stabbing a police dog in the way that Finn was stabbed could just as easily justify using violence against a human being. Therefore, it is absolutely right that we pass this Bill to give our courts the powers they need to sentence much more appropriately and to make it clear that a service animal is different from just any piece of equipment: it feels pain; it is sentient; and it can express its own emotions. This is not like a truncheon or a light being broken, so it is absolutely welcome that the Bill will soon progress through the House and become law.