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Chamber

Meeting of the Parliament 12 March 2020

12 Mar 2020 · S5 · Meeting of the Parliament
Item of business
Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill: Stage 1

I have spent several years campaigning to improve animal welfare in Scotland, and there is much to welcome in the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill, not the least of which is toughening up punishments for animal cruelty.

The Scottish Conservatives are clear on this: those who inflict pain and suffering on animals should always feel the full force of the law. However, that has not been the case. In almost 800 animal cruelty convictions over the past decade, most perpetrators avoided prison. Only 41 custodial sentences were handed out. The public will understandably be outraged by that lack of justice. We saw that in the bill consultation, to which 99.4 per cent of respondents agreed that punishments should be strengthened. It is right that the bill should increase the maximum sentence for animal cruelty offences to five years or an unlimited fine. However, we should go further by introducing measures such as automatic bans on keeping animals for those who are convicted of the worst animal cruelty offences, and life bans for the worst offenders. That position is supported by a number of welfare organisations, including the Dogs Trust and the SSPCA.

I welcome the introduction of fixed-penalty notices for the most minor offences, which will give local authorities more flexibility to deal with more minor cases and help free up courts to deal with the more serious ones. Given the support for that across the Parliament, I hope that we can correct an omission from the bill: the lack of provision for a central register to track those fixed penalties, or animal cruelty cases in general. Such a register would help to make investigations more efficient, monitor risk factors and spot when low-level incidents might escalate. The Scottish Conservatives believe that that is too important an advantage to throw away, and we will look to amend the bill at stage 2 to make better provision for data sharing. I look forward to working with the minister where there is common agreement.

I am also pleased to see that the bill will introduce Finn’s law; Liam Kerr has already had an outing today. Service animals risk their lives to protect us, so it is only right that we give them protection in return. That is long overdue. PC Dave Wardell, along with the aforementioned Liam Kerr, has fought hard to introduce that.

On the other hand, I was disappointed to see the bill do nothing to address electric shock collars. I campaigned for an end to those cruel devices and over 20,000 people signed my petition in agreement. A prompt and effective ban was promised, but ineffective guidance was delivered. That is not good enough, and the welfare organisations agree. The Kennel Club and the Dogs Trust have said that they were disappointed. The Edinburgh Dog and Cat Home has called for an outright ban, and that was echoed by OneKind, which says that the Scottish Government should follow the Welsh example with a real ban. The minister should listen to the experts. The current guidance does not protect dogs. It is time to ban the use of electric shock collars in Scotland—once and for all.

Long overdue, too, is making pet theft a specific offence. As the law currently stands, pets are classified as objects. Stealing a dog is treated the same way as stealing a phone. Anyone who has a pet knows that they are not objects; they are part of the family and they deserve better protection in law.

In tandem, there is a need to improve how pet theft and animal cruelty incidents are recorded by the police. The Dogs Trust and SSPCA are actively looking at that. With five pet thefts each day across the UK, we need action. In Scotland, residents in Fife worry that gangs target specific homes, and, in one terrifying incident, an Arbroath lady was held at knife-point while trying to rescue her dog.

There is good will across the Parliament to see the bill succeed, and we should use that good will to ensure that Scotland has the highest animal welfare standards. I stand ready to work with the minister and with members across the Parliament to deliver the bill.

In the same item of business

The Presiding Officer (Ken Macintosh) NPA
The next item of business is a stage 1 debate on motion S5M-21200, in the name of Mairi Gougeon, on the Animals and Wildlife (Penalties, Protections and Powe...
The Minister for Rural Affairs and the Natural Environment (Mairi Gougeon) SNP
I am delighted to present the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill to the chamber and to introduce these important propos...
Emma Harper (South Scotland) (SNP) SNP
I welcome the bill and the Scottish Government’s action to give enhanced protection from harm to animals and wildlife. The minister mentioned farm animals. ...
Mairi Gougeon SNP
I thank Emma Harper for her intervention and congratulate her on all the work that she has done on tackling that important issue. I am happy to commit to mee...
Mark Ruskell (Mid Scotland and Fife) (Green) Green
Will the Government introduce regulations on performance animals in the current session of Parliament?
Mairi Gougeon SNP
I will look at that specific issue and will get back to the member on it. We also intend the new regulations to give effect to Lucy’s law—a measure to preve...
The Presiding Officer NPA
I invite Gillian Martin to speak on behalf of the Environment, Climate Change and Land Reform Committee. 15:03
Gillian Martin (Aberdeenshire East) (SNP) SNP
On behalf of my colleagues on the Environment, Climate Change and Land Reform Committee, I open by saying that we welcome the bill and support its aim to inc...
Finlay Carson (Galloway and West Dumfries) (Con) Con
I am pleased to lead the debate for the Scottish Conservatives, given that I am a member of the Environment, Climate Change and Land Reform Committee, which ...
Liam Kerr (North East Scotland) (Con) Con
As the member said, that is an excellent provision, which follows a huge campaign led by PC Wardell and so many others, with more than 56,000 signatures on m...
Finlay Carson Con
I thank the member for that intervention. I agree, and we look forward to stage 2, when we will make sure that the bill fulfils everybody’s expectations of p...
Claudia Beamish (South Scotland) (Lab) Lab
Scottish Labour robustly welcomes heavier sentences—of up to five years in prison and unlimited fines—for serious animal and wildlife crimes. We are supporti...
Colin Smyth (South Scotland) (Lab) Lab
On the issue of enforcement, the bill proposes allowing animals to be rehomed without a court order, but does Claudia Beamish agree that one positive measure...
Claudia Beamish Lab
I absolutely agree. The SSPCA has highlighted that animals can have to wait for a decision on their fate for weeks, months or sometimes years, so that is of ...
Mark Ruskell (Mid Scotland and Fife) (Green) Green
I welcome the introduction of the bill to Parliament. The Greens will of course back its general principles at stage 1. As the convener of the Environment, C...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
What evidence did the committee see that empathy training has any impact? The evidence seemed to be ambiguous.
Mark Ruskell Green
That is the nature of the chicken-and-egg scenario that we are in. We have been unable to roll out empathy training in relation to animal cruelty despite the...
Liam McArthur (Orkney Islands) (LD) LD
I am pleased to take part in this debate on the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill on behalf of the Scottish Liberal De...
Claudia Beamish Lab
Will the member accept an intervention?
Liam McArthur LD
Do I have time to take an intervention?
The Deputy Presiding Officer SNP
Oh, why not?
Claudia Beamish Lab
Could the member explain why he is uneasy about the alteration of powers, especially in view of what Mark Ruskell said and of the fact that the SSPCA has sai...
Liam McArthur LD
Claudia Beamish raises a legitimate question. I sympathise with some of the anomalies that Mark Ruskell has outlined, but I recall from the debates that we h...
The Deputy Presiding Officer SNP
We move to the open debate. Please keep speeches to six minutes. I have a tiny bit of time in hand, but do not go overboard. 15:43
Kenneth Gibson (Cunninghame North) (SNP) SNP
I am pleased that the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill has been brought to the chamber. I thank OneKind, Battersea Do...
Maurice Golden (West Scotland) (Con) Con
I have spent several years campaigning to improve animal welfare in Scotland, and there is much to welcome in the Animals and Wildlife (Penalties, Protection...
The Deputy Presiding Officer SNP
I have a wee bit more time in hand now. If any members would like to offer or take interventions, I can allow time for that. 15:53
Colin Smyth (South Scotland) (Lab) Lab
I declare an interest, as I am a member of the League Against Cruel Sports, the deputy convener of the cross-party group on animal welfare and Scottish Envir...
Stuart McMillan (Greenock and Inverclyde) (SNP) SNP
I welcome the bill and the stage 1 report by our colleagues in the Environment, Climate Change and Land Reform Committee. I thought that the report was extre...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con) Con
I thank the Environment, Climate Change and Land Reform Committee and its convener for all their hard work in putting together the recommendations that are s...