Meeting of the Parliament (Hybrid) 17 June 2020
From the outset and at all stages, the Scottish Conservatives have supported the general principles of the bill, which are to update the Animal Health and Welfare (Scotland) Act 2006. After a decade of experiencing and enforcing that act, it was clear that some aspects of the penalties that were applicable under it should be updated.
We have also supported most of the provisions that are now, after the stage 3 amendments, in the bill and that have the overall objective of increasing the range of sentencing options in relation to animal welfare and wildlife offences. We fully support the provision of more stringent sentencing powers, which will send the strong and clear message that cruelty to wildlife and animals is totally unacceptable.
There were, however, several amendments that we could not support, in particular those introduced at stage 3 that had not been subject to the normal scrutiny and examination that they would have had at stage 2. Not going through the committee process, when there was no good reason not to, only increases the potential for poorly drafted and bad law. I fear that that might happen, particularly with regard to the amendment on mountain hares.
It is very disappointing, but not surprising, to see the Greens once again—in my opinion—abuse the flexibility in the parliamentary process by bringing in amendments at the last minute. I believe that their stage 3 amendments were outside the original scope of the bill as we in the Environment, Climate Change and Land Reform Committee understood it and were on an issue that we had been told at the outset of the bill that it would not cover. Not only does that bring good law-making process into question, it is disrespectful to the committee process. With particular reference to the ECCLR Committee, I and my fellow members pride ourselves on the evidence-based way in which we look at legislation in a sensible and generally non-party-political way.
There is only one reason for the Greens doing that: it is grandstanding and the worst type of virtue signalling. They fail to recognise that that method actually puts bill proceedings at risk. There is so much good law in the bill, and inserting a last-minute, controversial amendment put the whole thing at risk. That method is counterproductive and actually prevents potentially good legislation, which the Greens could have brought forward; in this case it puts at risk the hugely important topic of animal and wildlife offences.
Throughout the bill process, we have supported fixed-penalty notices, which the minister touched on and which are now part of the bill. They will give authorities a greater degree of flexibility to determine penalties. We need to ensure that people face the consequences of their criminality, and we need to see an improvement in the disparity between the number of fixed-penalty notices that are issued and the number that remain unpaid.
Concerns about the use of fixed-penalty notices and how information related to them was shared and held between the relevant authorities had been previously raised. There is no central register to hold that information, and the committee recognised a need for more joined-up thinking when it comes to intelligence sharing.
It is clear that animal welfare crimes are linked with other crimes. I therefore welcome Colin Smyth’s amendment ensuring that there will be a report to ensure that we make the best use of the data to provide valuable information to the public, to stakeholders and to the Parliament on animal welfare crimes. Having access to data to identify convicted offenders is a vital part of the bill, but it must be done in the right way.
I have very little time left, but I must welcome one excellent piece of the bill. Maurice Golden’s amendment on the review of additional animal offences will lead to reconsideration of electric dog collars, which the Government has, unfortunately, failed to ban.
Finally, my colleague Liam Kerr has done terrific work to ensure that Finn’s law, which aims to protect the police dogs and horses that serve alongside our officers and which has already been introduced in England and Wales, will be extended to Scotland.
The bill is long overdue. It ensures that those who continue to commit painful and cruel crimes against animals will now know that they will be dealt with with the full force of the law. It is welcome to see the Scottish Government deliver on its commitment to make that happen and to ensure that all parts of the United Kingdom have legislation that cracks down on wildlife crime.
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