2.7 pm
Animal Welfare Bill
2:22 pm
Bill Wiggin (Shadow Minister (Agriculture & Fisheries), Environment, Food & Rural Affairs; Leominster, Conservative)
I just hope that the Minister is looking at the right sort of videos. I can confirm that I shall not require a vote on new clause 5.
New clause 3 is very important, however. In the briefing, “RSPCA and the Welfare Offence”, the RSPCA hints that if the advice were backed up with greater legal strength, it would be less likely to be ignored. Moreover, given the fact that RSPCA inspectors have no statutory powers—we are told that they do not want any—and cannot issue notices that impose a statutory requirement on people, it would be sensible that only Government bodies had such powers. In addition, we should remember that RSPCA inspectors are not Government inspectors, and considering the confusion that it can cause, the new clause would clarify the law so that the public were aware that statutory improvement notices could be issued only by certain Government bodies and not charities.
There are concerns that the Minister is relying too much on the RSPCA to enforce the legislation, when Government bodies predominantly should prosecute under criminal law. The proposed statutory improvement notice in this new clause would enable the RSPCA and others, including individuals, to report suspected offenders to the appropriate authority, which with its expertise could check the allegations and, if they appeared to be true, issue the SIN.
We have heard how RSPCA inspectors visit premises on numerous occasions and that they are powerless to act even after 25 visits. The new clause would enable them to report the case to the appropriate authority, which, if it was of the same opinion as the inspectors, could immediately issue an SIN. That would speed up the animal’s recovery, which is what we all want.
On Second Reading the Minister said that if there was a serious welfare offence, the RSPCA might want to move straight to prosecution. If the amendment were accepted, nothing would stop them doing that, as that is its common-law right. A serious offence would fall under the cruelty offence in clause 4, not under the clause 8 welfare offence covered by the new clause. That is an important difference. It would be appropriate to give the power to the police, as they will be involved in the enforcement of the Bill, as well as to local authorities, the state veterinary service and the courts. Now that animal owners can be prosecuted under a far wider series of offences, we want to make sure that, in the first instance, they have the chance to improve the animal’s welfare.
If I dare, Mr. Gale, may I talk about my own chickens? Two days ago it was very cold; the water that they drink will have frozen over. While I am here debating with the other members of the Committee, my neighbour is responsible for making sure that the chickens have their water. He will pop round, break the ice and make sure that they are healthy. If he did not go, a welfare offence would be committed. I would then be prosecuted, simply because I did not know that my neighbour had let those poor chickens down. It is far better to have a statutory improvement notice, at which point I deal with my neighbour and then find somebody who does turn up, or I find a better home for my chickens.
That is what is behind the new clause: if the warning order could be put in place, there would be no need to proceed to court. The evidence from the RSPCA is that issuing warning letters works: that is why it writes them and why I want to see the provision written into the Bill. I am more than happy to accept that the practicalities of the new clause and its drafting may not be perfect, but we have time between now and Report stage to hone it. I believe that such a move will also take place in Scotland, when it tackles the same problem. This is a well-meant new clause. I believe that it would make a vital improvement to the Bill, and I hope that, with all that in mind, the Government will consider it seriously and accept it.