Animal Welfare (Sentencing) Bill

Part of the debate – in the House of Commons at 1:36 pm on 10th July 2019.

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Photo of David Rutley David Rutley Assistant Whip (HM Treasury), Government Whip 1:36 pm, 10th July 2019

I am pleased the Bill is before us today; sometimes these things take time—too often in animal welfare—but I am really pleased that through working together across this House we have seen a number of pieces of legislation come forward in recent weeks and months. That is because we are working so closely together. I am extraordinarily grateful for that and for the support we have had from Dr Cameron, who has long called for higher sentencing.

It is also important to recognise the hard work of our Whips. They are not able to speak on this matter, but I know that my hon. Friends the Members for Chippenham (Michelle Donelan) and for Milton Keynes South (Iain Stewart) are very keen for this legislation to come through. It would be remiss of me not also to mention the irrepressible hon. Member for Bristol West (Thangam Debbonaire), who is a complete enthusiast for this Bill and I am sure would love to be associated with it.

The Bill amends the Animal Welfare Act 2006, which currently sets out a maximum penalty of six months’ imprisonment and/or an unlimited fine for the more serious prevention of harm offences. That is much lower than the current European average for animal welfare offences, which is two years; indeed many countries have much higher maximum penalties. I am pleased to say that the Bill introduces one of the toughest punishments in the world and will bring us in line with the maximum penalties in Australia, Canada, New Zealand, Ireland, India and Latvia, which are all five years’ imprisonment.

The Government published the draft Bill for consultation and pre-legislative scrutiny in December 2017 as part of the Animal Welfare (Sentencing and Recognition of Sentience) Bill. The consultation closed in January 2018 and the Department for Environment, Food and Rural Affairs received over 9,000 direct responses to it; 70% of respondents agreed with the new maximum penalties. In the summary of responses document, the Government committed to bringing forward the sentencing clauses in a separate Bill as recommended by the Environment, Food and Rural Affairs Committee scrutiny report in January 2018.

There have been a number of recent cases related to serious animal welfare offences in which judges have expressed a desire to impose a higher penalty or custodial sentence than that currently provided for under the Animal Welfare Act 2006. For example, in 2016 an 18-year-old man kicked his girlfriend’s pet spaniel to death in an horrific attack. The dog was kicked repeatedly so hard that her brain stem detached. The man was sentenced to six months in prison and ordered to pay costs and victim surcharges of more than £1,000. The judge at the magistrates court said that he would have imposed a stronger, longer sentence if the law had allowed it. It was a sickening act of deliberate cruelty and in such cases a higher sentence would have been favourable for the court.

If I may, I would like to give another horrific example of where the judge explicitly told the court that he would have imposed a longer sentence if the guidelines had allowed. In November 2016 a man gave a dog painkillers and then beat her to death with a shovel. The man was sentenced to four months in prison and was disqualified from keeping all animals for life. That sentence was clearly not appropriate for such a dreadful act, and we need to change that, and we will now.

This Bill relates closely to the warmly received Animal Welfare (Service Animals) Act 2019, commonly known as Finn’s law, which prevents those who attack or injure service animals from claiming self-defence. It received Royal Assent on 8 April 2019, and I pay tribute to my right hon. and learned Friend Sir Oliver Heald, who is also in his place, for steering the Bill so skilfully through this House.

When this Animal Welfare (Sentencing) Bill is enacted, those who cause harm to a service animal in the course of the animal’s duty could be subject to a maximum sentence of five years. The intention of Finn’s law was to increase the maximum penalty for animal cruelty as well as improving the protection of service animals. We are now completing the increased protection of service animals with this Bill, and as a result achieving what the Committee and campaigners have worked so hard for.

The Bill is due to commence two months after Royal Assent and has a limited impact on costs to the criminal justice system. The increase in maximum penalties will not result in an increase in the number of offenders being sent to prison; it will result only in the potential length of time that might be served by the most serious offenders. We have been in discussion with the Ministry of Justice on this matter, and the Government consider that this may lead to some marginal extra costs to the criminal justice system which are unlikely to be more than £500,000 per annum. DEFRA has agreed with the Ministry of Justice to take on the costs, as set out in the explanatory notes.

While some offences committed under the Animal Welfare Act 2006 may be more minor incidents, there are unfortunately cases of serious or systematic cruelty. For example, some forms of animal cruelty, such as dog fighting, can be linked to organised crime and are carried out for financial gain through betting and prize money.