I beg to move, That the Bill be now read the Third time.
I thank you, Mr Speaker, and all Members in the House who have joined me today to help me bring my Bill to its remaining stages on the Floor of the House. I also thank the Public Bill Committee, which considered the Bill in detail on Wednesday 8 December last year. The discussion was insightful, and I appreciate the careful and detailed consideration that has gone into the process so that the Bill can today reach this point.
It is clear that we are truly a nation united by our love of animals, and my Bill has attracted strong support from all parties in this House and, most especially, from animal welfare organisations across the country. I am pleased that it has progressed through the House without a single amendment and that Members on both sides of the Chamber value not only its spirit but its content.
I am delighted by the energy shown by so many in ensuring that we get the Bill absolutely right so that it has the best possible impact on animal welfare across the country. Important conversations have been ongoing throughout its passage involving all parties in the House and key organisations outside. Ultimately, that has allowed the Bill to arrive at this final stage.
As you will know only too well, Mr Speaker, I have, like you, been an advocate for the protection of animals my entire life, and particularly during my 20 years as a Member of Parliament. My own dogs were Staffordshire bull terriers called Spike and Buster and they were the best companions anyone could have wished for. They campaigned for me in every general election, sporting their famous Union Jack waistcoats. I have fond memories of my hon. Friend the Member for Buckingham (Greg Smith) looking after Spike during the 2001 general election, and I am delighted that he is in the Chamber to support my Bill.
As we love our country, we also love our animals. From my experience of speaking to constituents and working closely with animal welfare charities, I know the joy that animals can bring. Protecting animals should unite us all. We have a duty of care to the animals that we are privileged to live alongside—household pets, wild animals, farm animals and all creatures of land, sea and sky.
My hon. Friend mentions farm animals. I do not know of any farmers who deliberately mistreat their animals, but sometimes false accusations are made against them. There is some concern in the farming community about the appeals process if they are given a penalty charge notice. Will he assure the House that there is a robust appeals process in his Bill?
There absolutely has to be, and my hon. Friend is right to raise that point. The purpose of the Bill is to deal with fairly minor offences and act almost as guidance. It is not there to deal with serious offences, which would still be handled through the usual process. I take on board his point that when false accusations are made there must be a robust appeals process, and I know that the Minister will take that on board in dealing with any secondary legislation. I thank my hon. Friend for his intervention.
Our dearly missed friend and departed colleague, Sir David Amess, shared my view on the Bill. He shared all my views on animal welfare and was the greatest champion of the issue among Members of Parliament. He dedicated his life to that. We think of David today, on the first day of a new Member, my hon. Friend the Member for Southend West (Anna Firth). We wish her all success as David’s successor, but no one could replace David. He was unique, and we think of him all the time. His stance on animal welfare never changed throughout his 38 years in Parliament. In fact, he introduced a private Member’s Bill in 1998 that strengthened protections for horses tethered by the roadside, and through his tireless campaigning inspired so many others to continue the fight for strengthened protection for animals. We remember him as we carry on the fight to defend and protect animals throughout the United Kingdom.
It has been an honour to have the opportunity to introduce a Bill that I believe will make a real difference to the lives of animals and help promote greater understanding of welfare. This Bill will directly benefit the health and welfare of this country’s farmed and kept animals and will increase accountability when our country’s biosecurity is put at risk. The Bill introduces enabling powers so that we can apply penalty notices to the appropriate offences and establishes the framework crucial to introducing these penalties through statutory instrument. Penalty notices will bolster our existing enforcement measures and give enforcement authorities more options to influence positive behaviour when it comes to caring for our farmed and kept animals, including companion animals and zoo animals.
I thank my hon. Friend for bringing forward this very important Bill. I think members of the public listening or watching might be surprised that this kind of Bill needs to be brought in. What changes will it make to improve the situation and assist us in making sure that people are not being cruel to animals?
My hon. Friend makes a really important point, because we need to understand the purpose of this Bill. At present, enforcing breaches of animal welfare laws means having to prosecute, so it takes a long time, and involves going to court and all those processes. However, many offences are very minor—mistakes that individuals may have made inadvertently—so, a bit like a parking ticket, the penalty notices are a way of informing people, when they have not done something very serious, that they need to do things better in future. The Bill will give the enforcement authorities greater powers to deal with minor offences speedily, rather than having to go through long processes. Of course, some of those cases will never be prosecuted, because in effect time runs out; there is not enough time to deal with the issue. This Bill will be really effective as a way of dealing with such cases quickly. That is really the nub of the Bill; it will increase the powers in animal welfare laws and make them a lot more effective. I thank my hon. Friend for her intervention, and hope I have explained the background clearly to her.
This Bill will fundamentally reform how we enforce animal welfare, biosecurity and welfare across farmed and kept animals in England. I hope other parts of the United Kingdom will follow suit when this Bill becomes legislation. I believe it will improve this country’s response to offences and strengthen our position as a world leader in the welfare of animals, with whom we are privileged to share this planet. I sincerely hope that we will see it placed on the statute book in the very near future. This is a good Bill that will improve the lives of animals and guide the people of this nation towards better protection and welfare of the animals we all care so much about, and I commend it to the House.
Thank you, Mr Speaker, for calling me so early in the debate. I think we can all agree that my hon. Friend the Member for Romford (Andrew Rosindell) has brought a hugely important Bill to the House. It shows that cruelty to any animal will face serious consequences, and he should be commended for such a worthwhile Bill. If my hon. Friend will bear with me, he is, if I have got this right, the chairman of the all-party parliamentary group on zoos and aquariums, a former shadow Minister for animal welfare, and a committed advocate for the care and protection of animals. He speaks with great experience and authority, so I will be delighted to support this Bill, which will crack down on animal offenders and establish a more consistent, targeted approach to protecting all animals from harm.
I need to be clear that animal cruelty has no place in our society, and I am so delighted that this Bill will close the gap that is being exploited by cruel animal abusers. The Bill has received significant backing from key stakeholders, as my hon. Friend has said, including the RSPCA, which has said that the measures would help to combat the suffering of farmed animals, horses and animals kept in zoos. I welcome the assurance that the animal cruelty offences will always be prosecuted and that penalties will be used in conjunction with tougher sentences to provide better safeguards for all animals. This Bill will provide a welcome powerful additional enforcement tool, providing authorities with an extra measure that could be used alongside warnings and criminal prosecution. I support this Bill, because it builds on the Government’s decisive actions to improve our already world-leading animal welfare standards, including raising the maximum prison sentence for animal cruelty.
Just months after being elected, I met, as did many other Members, Finn, a former police dog who was attacked while pursuing a suspect. Finn’s story convinced me—not that I needed much convincing—of the need to increase the maximum sentence from six months to a more respectable five years. I met many service animals in my time in the armed forces, and I know that they not only work hard but that their actions have saved many lives. I remember when serving in Northern Ireland in the troubles doing 5 metre and 10 metre checks: when walking along a street, every time we stopped we had to look around to check for improvised explosive devices and command wires. We were always nervous doing that and when we had sniffer dogs with us that could smell any explosives a mile away we felt safer straight away.
I pay tribute to my hon. Friend the Member for Romford (Andrew Rosindell) for doing so much to further the case for animal welfare: as a former shadow Minister for animal welfare and the chair of the all-party group on zoos and aquariums, he is an advocate like no other. They say that dogs are a man’s best friend; it is no stretch to say that my hon. Friend is one of the UK animal population’s best friends.
One of my best friends is a sassy little bitch called Karen, a pomeranian chihuahua, or pomihuaha. She is a very small dog with a very big personality—the ultimate companion who can cheer me up at the end of a long day and bring a smile to my face in the toughest of times. Through my time with Karen I am reminded of the special place our pets and animals have in our homes and hearts, why Britain is a proud nation of animal lovers, and why it is so important that we protect our furry friends.
I am very proud that our Government are striving to ensure our animal welfare standards continue to be world leading. We have had the Animal Welfare (Sentencing) Act 2021, or Loder’s law, which has increased the maximum prison sentence from six months to five years for those who harm animals, and a new offence of pet abduction to tackle the sick and depraved individuals who would steal someone’s cherished pet and deprive them of an often-priceless relationship. We also have the Animal Welfare (Kept Animals) Bill tackling puppy smuggling and the export of live animals for slaughter. My hon. Friend’s Bill will bridge the gap between criminal prosecution and warning letters so that action can be taken and sanctions issued straightaway to protect our animals’ health and wellbeing.
In this country, we have an incredible farming community who go above and beyond to care for their livestock. We also have an amazing network of zoos that delivers incredible educational opportunities for youngsters and protects and cares for exotic and rare species to high standards. In our own homes, we are a nation of animal lovers. People across Britain love, cherish and adore their furry friends and family members, but how do we deal with the small minority who do not provide that level of care?
I commend my hon. Friend the Member for Romford (Andrew Rosindell). It is quite an achievement to secure a Bill with no amendments and cross-party support, and with everyone smiling here today. He is right that this country is united by a love of animals. I have had that reinforced in particular when campaigning on the pet theft laws that the Government are bringing in. It matters a lot to people in Stroud, where we have an amazing rural crime team. The police in particular have asked for increased protections, and the Bill will help with that among the array of tools that the Government are providing. The Government have an excellent track record in protecting animals and increasing welfare standards, and I look forward to hearing from the hard-working Minister—this is my second debate with her this week, so I know that she is always on her feet.
Stroud has an excellent track record on animal welfare and taking care of animals. We have a range of well-loved organisations set up to care for animals, including: Teckels; Cotswolds Dogs and Cats Home; Wild Hogs Hedgehog Rescue; Help a Hedgehog Hospital; Nailsworth Donkey Sanctuary; and Scrubditch Care Farm, just outside my patch, with which I have worked a lot. They are all fantastic organisations, and there are many more.
Yesterday, I was at SGS Stroud College with the skills Minister—the Under-Secretary of State for Education, my hon. Friend the Member for Brentwood and Ongar (Alex Burghart)—where we met animal welfare students busy bathing guinea pigs, which was a complete novelty for the Minister. When we talked to the students and apprentices, we learned that they want to take these qualifications so that they can go on to university and become vets or perhaps go into rescue centres. They will certainly welcome the early intervention measures offered by the Bill.
I am a cat person—my brother bought me a mad cat lady action figure—but my marriage and this job stop me from having a house full of cats. I love all animals, and I know that if I ever lose this job, I will have a house full of animals—that keeps my husband campaigning to keep me in the job.
I congratulate my hon. Friend the Member for Romford (Andrew Rosindell) and join him in his glowing tribute to David Amess, who I am sure would have been in this place today to witness the Third Reading of the Bill.
My hon. Friend has worked hard to champion animal penalty notices and to bring this debate before the House. The Bill is concerned not just with pets, but with zoo animals and livestock. My beautiful constituency is approximately 65% agriculture and I always enjoy seeing the variety of livestock grazing the fields as I travel through it. I have not had the benefit of having a pet myself, but I am fully aware of the love and care that families have for their pets. Indeed, that is part of the reason why I have not taken on that additional responsibility. They really do become a member of the family.
Pets are sentient beings and we must do all we can to protect animals from cruelty. I am pleased to see Government support doing just that. In June last year, the Animal Welfare (Sentencing) Act 2021 raised the maximum prison sentence for animal cruelty from six months to five years. That is a welcome step towards increasing animal welfare and protection, but going to court is not always the most effective measure against animal cruelty, hence the need for the Bill.
I recently had a discussion with David Bowles, head of public affairs at the RSPCA, about its work to keep animals safe. In 2020, the RSPCA had over 1 million calls to its cruelty line and over 140,000 welfare incidents were dealt with by the inspectorate. This issue affects all our constituencies, including my own where there were 24 investigations in 2021. However, in 2020, only 1,743 people were prosecuted for animal cruelty and only 908 were convicted of animal cruelty offences.
Those statistics demonstrate a gap in the legal system to correctly charge people with animal cruelty offences. In the current system without fixed-penalty notices, people have to be taken to court over animal cruelty offences, putting pressure on the court system and increasing the length of time taken. The Bill creates a system of financial penalties of up to £5,000 for animal health and welfare officers, including on-the-spot fines. Fixed-penalty notices are an out-of-court disposal and they serve as an important education tool to help to prevent animal cruelty.
I join all other hon. Members in congratulating my hon. Friend the Member for Romford (Andrew Rosindell) on introducing the Bill and getting this far. There is a worrying sense of unanimity in the House, which always gives me cause for concern. I will not breach it, save to highlight one or two slight concerns I have about the drafting of the Bill.
There is much to welcome in the Bill, and chief among them is the immediate impact that the levelling of a fixed-penalty notice has on both the individual who receives it and the wider community. There is a direct relation between cause and effect. We all know that speed in justice is enormously important. One of the great problems we have in society today is the delay that has bound up the criminal justice system, particularly in the Crown court but also in the magistrates court.
I also like the direct link between the severity of the offence and the penalty notice amount, with the factors, aggravating and mitigating, set out in clause 4. I recognise that there is also provision for the Secretary of State to give guidance on how those should be properly applied. That is a very important factor that needs to be taken seriously by the Secretary of State for the Bill to be properly applied.
However, the reasons behind the Bill’s benefit also give me some grounds for caution as we seek to apply fixed-penalty notices as a mechanism for bypassing the normal course of the criminal justice system. One of the reasons my hon. Friend the Member for Romford gave for why it is so important to have fixed-penalty notices was the delay in the magistrates courts. Surely, the best way to deal with delay in criminal justice is not to bypass it with fixed-penalty notices but to adequately fund magistrates courts and the criminal justice system that serves all of our country.
There is a requirement in clause 1(1) for the enforcement authority to be “satisfied beyond reasonable doubt”, but there is no requirement in the Bill for them to obtain or secure sufficient evidence to be satisfied. I query whether there is a risk that a prosecuting authority may see this as a shortcut past obtaining sufficient evidence to create a proper prosecution, and that fixed-penalty notices may be given more readily than a decision to prosecute otherwise would be. If that were the case, it would be a cause for concern for us all.
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As chair of the zoos and aquariums all-party parliamentary group, I recognise that this is a welcome development for that sector. Having worked very closely for so many years with the excellent British and Irish Association of Zoos and Aquariums, which does so much for zoos and the care of animals in zoos and aquariums across the country, I know that it agrees that penalty notices are the right way forward. The debate in Committee highlighted the wide support for the Bill and what I believe it will achieve. I have held ongoing discussions with various non-governmental organisations, and I am delighted that there is a strong consensus that penalty notices will benefit this country and should be introduced. I share the same enthusiasm and excitement for this legislation, which I truly believe will be a gain for animal welfare across this country.
I am also grateful to the organisations that have already invested their time in engaging with myself and the Department for Environment, Food and Rural Affairs to consider the Bill and how it will work for them in practice, and sharing their views so that we can make the Bill as effective as possible. The support of the Royal Society for the Prevention of Cruelty to Animals, Battersea Dogs and Cats Home, the National Farmers Union, Blue Cross, Cats Protection, the National Sheep Association and the National Pig Association, as well as many other animal welfare groups across the country, has been invaluable.
I once again thank hon. Members here today for supporting this landmark Bill, and for the many contributions made at its previous stages. I hope we can agree that this important Bill should progress today, so that it may continue its journey in the House of Lords under the stewardship of the right hon. Lord Randall of Uxbridge, who has agreed to champion my Bill in the other place. The wellbeing and safety of animals is something that I know matters to us all, so as a nation of animal lovers, let us continue to lead the world in enhancing the cause of animal welfare.
I would like to place on record my sincere thanks to the Minister who is not here today, the Under-Secretary of State for Environment, Food and Rural Affairs, my hon. Friend the Member for Bury St Edmunds (Jo Churchill). She has done so much to support my Bill, and has been very dedicated in helping to ensure that the Bill has reached this stage. It has been my pleasure to work with her to ensure that this new legislation has arrived in this place today, and I thank the Minister in her place—the Minister for Farming, Fisheries and Food, my hon. Friend the Member for Banbury (Victoria Prentis)—for standing in and leading in today’s debate.
I would also like to thank those organisations and Members who have provided such valuable care to animals for vocalising their support for this Bill and giving me full confidence that penalty notices will be a welcome addition to the enforcement of animal welfare when they become available.
In 1999, I deployed to Kosovo for the conflict. We were living in very harsh conditions, working 20 to 22 hours a day on average and living in derelict buildings at the start. We were shattered for much of the time. I remember my patrol coming back in one day and meeting one of the attack dogs—war dogs—in the operation rooms. Most of my blokes were too tired to eat, but as we walked in and came face to face with one of the British Army’s finest attack dogs, who certainly made us aware that we had got too close to him, we were all wide awake straight away.
More seriously, a friend of mine who was serving in the British special forces in Afghanistan was, unfortunately, shot in the neck and killed. As a result, the Special Air Service decided to use dogs as members of their team, so they have become an extra member of their team in operations. From knowing some of the people who have used these dogs on operations I can say that they have saved countless lives. Those are some of my personal experiences, where I have seen the love for animals and where they have saved human lives.
I also support this Bill because it provides an important educational tool that can be used before offences become more severe and can prevent offenders from repeating their mistakes—let us educate people on this issue. As a local MP, I want to do all I can to ensure that Wolverhampton becomes a safer place to live, work and visit for everyone, and that includes all the animals that co-inhabit it.
There is currently a gap in the powers available to deal with those people and in some cases we fail to provide a fair, firm, proportionate and prompt response before reaching the threshold for prosecution. It is devastating that last year the RSPCA received 57,000 complaints of animal cruelty. The Bill will provide the penalties and the means to tackle that behaviour at an earlier stage as well as an educational tool to prevent bad situations from getting worse. Our pets are family members and friends who deserve protection. We should give the authorities all the powers they need to tackle those who would do them harm.
It is clear from listening to colleagues that we need the steps that the Bill brings, because relying on prosecutions, the police and the courts will not be enough—we know about the delays and pressures on our courts—and it will also not be a deterrent for people who cause problems for and are cruel to our animals. The Bill will speed up penalties for issues relating to animals and should act as a deterrent. We should all be focused on preventive action and early intervention, so I welcome that. I also note that leading lights and trusted charities such as Battersea Dogs and Cats Home have said that they broadly support the contents of the Bill and that they really welcome using fines for technical and low-level breaches. The Bill is good enough for organisations such as Battersea Dogs and Cats Home, and brilliant for my local amazing charities and organisations in Stroud: it will protect our furry friends; it has cross-party support; and I am incredibly pleased that the Government are supporting it. Well done to my hon. Friend the Member for Romford.
I will leave it at that and I look forward to the contributions of other right hon. and hon. Members. I congratulate my hon. Friend the Member for Romford on getting the Bill to this stage.
That leads me to who those enforcement authorities are. We see from clause 1(4) that the Bill does not tell us who they are; we are told that that will be provided by regulation. There is nothing wrong per se in secondary legislation providing further detail, but in this instance I start to get a little concerned. In clause 1(5), we are told who the Secretary of State might consider to be an enforcement authority. It says that that may be the Secretary of State himself or herself—fair enough—a local authority or, in paragraph (c),
“any other person that the Secretary of State considers appropriate.”
It would be impossible to draft that definition more widely. I respectfully highlight that issue to the Minister and invite her at least to consider it in responding to the debate, because this is the very definition of a blank cheque for the Secretary of State.
I wonder whether enforcement authorities might include, for example, private prosecutors such as the RSPCA. If that were the case, it would run counter to the current considerations of the Law Commission, which is interested in considering the future for all kinds of private prosecutors. We have a recent history of significant miscarriages of justice where private prosecutors have acted. I have only to pray in aid the biggest criminal justice scandal in our nation’s history—the Horizon scandal, where the Post Office acted in the role of private prosecutor—to demonstrate why the Law Commission may not be keen to continue to allow private prosecutors right across our criminal justice system.
The reason I know that is that I approached the Law Commission myself in relation to the Care Quality Commission and its powers as a private prosecutor in the health sector because of a scandal at Cawston Park Hospital in my constituency, where three patients with mental ill health and autism, as well as Down syndrome, died over a 27-month period because of neglect and, certainly in one case, physical abuse. I therefore raise a serious concern about whether private prosecutors could amount to enforcement authorities under clause 1(4).
Finally, I turn to clause 5(2). Enforcement authorities can apply a fine of up to £5,000. Most of that money will return to the central funds, but clause 5(2) gives enforcement authorities the ability to deduct their own costs of prosecution from any fines. That is a clear financial incentive to issue fixed-penalty notices, because it pays for their own operations. I hope we will all be naturally concerned to ensure that we do not apply a parking fine company approach to this area of law. That would be wholly not what my hon. Friend the Member for Romford, or any of us, intends. It is important that the Secretary of State, when coming to the secondary legislation and regulation on this matter, thinks hard about that potentially poisonous mix of financial incentive and private prosecution.
In conclusion, I thank my hon. Friend the Member for Romford again for getting behind this legislation and bringing it to the House and, I hope, to a happy conclusion, but I ask the Minister to think carefully about potential unintended consequences. We have heard about Staffordshire bull terriers and about Spike and Buster, but let us not forget that we need to look after John Bull as well, as he is persecuted by the heavy hand of the state. We want to give him protection too, and we must ensure that our legislation is well drafted.