Hansard

I am pleased that the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill has been brought to the chamber. I thank OneKind, Battersea Dogs & Cats Home, Dogs Trust and a range of other animal charities for the briefings that they have provided.

The bill is another step in the Scottish Government’s strategy of improving animal welfare across Scotland. In 2016 the SNP Government improved responsible dog ownership through compulsory microchipping, which helps make it easier for dogs to be recognised and reunited with their owners if lost or stolen.

In February, the SNP Government appointed members of the Scottish animal welfare commission to advise on the welfare of sentient animals, in line with the 2019-20 programme for government. The Government has also consulted on introducing compulsory video recordings of slaughter in abattoirs to make sure that that is carried out humanely, and will bring forward secondary legislation on that next year. In that regard, the Government supports industry introduction of closed-circuit television in abattoirs before it becomes compulsory and is committed to exploring the potential for new systems of calf rearing in the dairy sector.

Animals are defenceless and might need human help when it comes to their safety, wellbeing and protection—particularly when they are threatened by other humans. Legislation provides a framework for that, and we should pay tribute to those who work, often as volunteers, on the front line.

In my constituency of Cunninghame North, such work is done at Hessilhead Wildlife Rescue near Beith. Dedicated staff who are mostly volunteers do all that they can on a daily basis to rescue animals, treat them and nurse them back to health. Once rehabilitated, the animals are released back into the wild when it is deemed safe. Facilities at Hessilhead include an intensive care unit, a swan and seal hospital with indoor pool, a hedgehog unit, a surgery with X-ray equipment and more than 60 outdoor aviaries, enclosures and release pens. Hessilhead is a busy rescue centre, known for carrying out its work with the utmost care and to the highest standards.

Sadly, not all rescue centres live up to that and there are still upsetting cases in which those we entrust with responsibility for our pets and other animals turn out to be the worst perpetrators. Colleagues may remember the 2017 case of the Ayrshire ark, a rescue home in Patna that was exposed for the mistreatment and neglect of animals after a police raid resulted in the discovery of the emaciated and mutilated corpses of 15 dogs and one cat. The photos of the frozen remains of once-loved pets paint terrible pictures of the suffering inflicted on them that stay with anyone who sees them.

The perpetrator received a pitiful seven-month jail sentence for causing the animals unnecessary suffering, with a concurrent four-month sentence for failing to ensure their welfare and a lifelong ban on owning or keeping animals. That was after the offender had pled guilty to nine charges, including causing unnecessary suffering, exposing dogs to unsatisfactory conditions and failure to provide the necessary nutrition and veterinary treatment.

Dee McIntosh, who was then the communications director of Battersea Dogs & Cats Home, said:

“Had this woman been convicted of fly tipping”—

which is another issue that members have raised today—

“she could have been jailed for up to five years. Instead, she escaped with just a few months.”

Increasing penalties, including a maximum custodial sentence of five years for animal cruelty, and introducing fixed penalties are, in my view, most welcome. However, as other members have pointed out, more needs to be done to secure successful prosecution; Mark Ruskell’s comments in that regard were particularly compelling. Such penalties are particularly important for wildlife crimes, which are just as serious as domestic animal crime. Cruelty is cruelty, and it should be treated as such by the authorities.

I pay tribute to the brave dogs and horses working for Police Scotland. I am not on Twitter, I am pleased to say, but I am told that I am truly missing out on the Scottish police dogs and Scottish police horses accounts. I understand that day in, day out the dogs and horses display the greatest valour and sometimes suffer vicious attacks in the line of duty, occasionally resulting in injury or death. That is why section 3 of the bill, which seeks to improve the protection of such service animals, is most welcome. Police dogs and horses are an extension of their handlers and when an alleged perpetrator attacks them it is an attack on the police. There should be no mitigating circumstances for that, and I agree that the self-defence argument should be removed.

I believe that to achieve maximum protection, the terminology that is used in section 3 could be reconsidered to clarify what a “service animal” is. I would not necessarily look for a definition along the lines of animal species, as limiting it to species that are currently in harness may not be enough in the future. It would be better to define more clearly which services the animals are involved in. It would also be good to clarify whether the definition includes guide dogs, which even more than rescue and armed forces service animals are an extension of the person who handles them. I am sure that such matters can be thrashed out as the bill is considered at stage 2.

I am delighted to support the principles of the bill and I look forward to it soon becoming law.