Clause 26 - Power of local authority to prosecute offences
Animal Welfare Bill
6:15 pm
James Paice (Shadow Minister (Agriculture & Rural Affairs), Environment, Food & Rural Affairs; South East Cambridgeshire, Conservative)
I beg to move amendment No. 212, in clause 26, page 13, line 8, at end insert—
‘(2)Proceedings for a crime under this Act shall not be instituted except by or with the consent of the Crown Prosecution Service or the legal department of a local authority.’.
The amendment is relatively small but quite important. Hon. Members from both sides of the House realise that, whatever our support for the Bill and subject to further proceedings, we are approving some major powers to deal with major allegations of animal cruelty and—if convicted—offences against animal welfare. In those circumstances, there should rightly be some checks and balances to ensure that there is no vexatious litigation for whatever purposes.
The purpose of the amendment is to try to bring English law into line with what we understand to be the conventions in Scottish law. The Bill contains no checks on prosecutions. The clause allows a local authority to prosecute proceedings for any offence under this legislation. Whatever one’s views of local authorities, they are not necessarily the right people to decide whether a clear offence has taken place. Private prosecutions might also take place prior to the commencement of any official prosecution by a local authority. We could make accusations of a violation by the Minister or any other member of the Committee, regardless of whether we as individuals had any real expertise or the professionalism necessary to make that accusation. In view of the extensive powers of entry and other powers granted by the legislation, including the power to disqualify people who are convicted from continuing to own animals, it is important that there is some oversight of prosecutions.
A well established part of English law is that where there are such extensive powers, there should be some limit on who can begin proceedings, without interfering with the right of private persons to do so. That is why we are suggesting that the Crown Prosecution Service or the legal department of a local authority should agree to any proceedings. I understand that, in Scotland, prosecutions for offences relating to animal welfare are taken through on behalf of the Scottish Society for the Prevention of Cruelty to Animals by the procurator fiscal. That enables there to be an effective check on those prosecutions to ensure that time is not wasted and that they are sound. Obviously, the procurator fiscal would not take them forward if his professional opinion was that they were not sound. Amendment No. 212 is simply intended to bring English law into line with Scottish law.