Hansard

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 Environment LINK’s member of the Scottish Parliament species champion for badgers.

Mahatma Gandhi once said:

“The greatness of a nation and its moral progress can be judged by the way its animals are treated.”

From baiting and fighting to mass puppy farming and the illegal shooting of birds of prey, there is nothing great about the heartbreaking stories of cruelty that we hear of taking place in Scotland every day. This Parliament has a moral duty to ensure that our laws help tackle that cruelty and deliver the highest standards of welfare for every animal in Scotland.

It is clear that the current sentencing options for animal welfare and wildlife crimes do not reflect the severity of the crimes that we hear about, so I welcome the decision to correct that in the bill and I congratulate all the campaigners who have fought so hard for that change in the law.

The penalties that are proposed in the bill for animal welfare and wildlife crime will act as a stronger deterrent and will give courts the flexibility that they need to deliver fairer sentences. In particular, the decision to set the maximum sentence for the most serious wildlife crimes at the same level as that for domestic animal welfare crimes at long last reflects the sentience of wild animals.

However, as well as increasing the penalties for those crimes, we need to look at whether the law’s coverage of crimes and animals is adequate. In their joint briefing on the bill, Blue Cross, Cats Protection, the Edinburgh Dog and Cat Home, PDSA and the Dogs Trust highlighted the significant number of animal offences that are not covered by legislation. Offences such as mutilation, cruel operations, poisons, failure-to-ensure-welfare offences, licensing activities involving animals and abandonment are not covered by the changes to be made by the bill, despite the serious harm that such crimes can clearly cause. As it stands, any such offences would be punishable only by a maximum of six months’ imprisonment or a £5,000 fine. If the aim of the bill is to properly punish, act as a deterrent and give the courts more flexibility to deal with animal welfare crimes, it does not go far enough and there is a clear case for expanding the number of offences that are covered by increased sentences.

Likewise, the Environment, Climate Change and Land Reform Committee’s positive report, on which I congratulate the committee, highlights problems with how wildlife crimes are categorised. The committee calls for

“a consistency of approach for categorising and prosecuting different types of wildlife offence.”

In their evidence to the committee, Scottish Badgers and Scottish Environment LINK specifically highlighted the need for stronger protection for habitats and badger setts, which was reflected in the committee’s conclusion that

“the destruction of a habitat could be as fatal as directly harming or killing an animal.”

The committee rightly recommends that the Government

“reconsiders its approach to ensure enhanced protections are extended to resting places and breeding sites”.

I was deeply disappointed that the Scottish Government dismissed that suggestion and I urge it to reconsider.

Scottish Badgers has suggested that a minimum fine is introduced for the most serious wildlife crimes, as recommended in the Poustie review. I hope that the Scottish Government will also give due consideration to that suggestion.

We need to review which animals are covered under the Animal Health and Welfare (Scotland) Act 2006. It is becoming increasingly clear that cephalopods and decapod crustaceans should be protected animals, as more and more evidence points to the fact that they are intelligent, sentient animals that are capable of experiencing pain.

Although the longer custodial sentences and higher fines that are proposed in the bill are welcome, they must not be the only action that is available. In its evidence to the Environment, Climate Change and Land Reform Committee, OneKind highlighted the need for alternative solutions

“to help an individual develop empathy and regard for animals and learn to treat them humanely”,

and suggested that community payback orders can be better utilised

“to effect behavioural change and provide long term protection for animals.”

It is vital that our response to such crimes is constructive and not purely punitive. Although non-custodial interventions, such as restorative justice processes and rehabilitation programmes, are not currently prohibited, there is no dedicated option for animal welfare, and little clarity on how and when such an approach should be taken. The bill is an opportunity to address that, so I am disappointed that the Government’s response to the committee fails to acknowledge the value that such a scheme could have, dismissing it as not “proportionate or cost effective”.

The introduction of fixed-penalty notices is a useful proposal, but it must be limited to minor offences, and I urge that consideration be given to Scottish Badgers’ suggestion that where FPNs are issued, they should be combined with behaviour orders specifying restrictions or goals for future behaviour.

We should also use the bill as an opportunity to discuss the possibility of automatic bans on owning animals for those who are convicted of serious animal cruelty offences.

On the subject of enforcement, although the strengthened penalties are welcome, they are meaningless if we do not improve the detection and prosecution of such crimes. That means backing up the bill with properly resourced specialist enforcement. I echo the committee’s recommendation that

“the Scottish Government explores in detail the options to enhance detection and prosecution by expanding the powers of the SSPCA”.

I hope that we do not look back on the bill as a missed opportunity to do so, given the SSPCA’s significant expertise and skills in this area. We should make the most of such skills in our fight against animal cruelty.