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Chamber

Meeting of the Parliament (Hybrid) 17 June 2020

17 Jun 2020 · S5 · Meeting of the Parliament
Item of business
Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill

It has been a long afternoon. Some of us have probably exceeded our screen time for the week and it is only Wednesday, so I will be brief.

Scottish Liberal Democrats warmly welcome the passing of the bill. I commend the minister and her officials on steering the bill through; those who gave evidence throughout the process; and, of course, the ECCLR Committee members for their valuable scrutiny work. Of course, the committee can scrutinise only what it has in front of it, and I again question the approach that has been taken by the Greens. Stage 3 is—and always has been—an opportunity to tidy up a bill and not a point at which new proposals are parachuted in, backed by email campaigns. That is not a substitute for evidence gathering and robust scrutiny.

All that said, Scottish Liberal Democrats strongly back the aims and provisions of the bill. At the outset, we were reminded by a number of witnesses that Scotland currently has among the lowest sentences and penalties for animal cruelty anywhere in Europe. As I said during the stage 1 debate, 12 months in prison, a fine and a ban on keeping animals for the worst acts of animal cruelty compare poorly with up to five years’ imprisonment for fly-tipping. That comparison does not reflect well on our justice system and does not reflect public attitudes towards crimes of animal wildlife cruelty. The system was in need of reform.

By increasing the maximum available penalties for cruelty and causing unnecessary suffering to both wild and domestic animals, the bill helps to address that—thanks in no small part to some of the amendments that were agreed to earlier this afternoon. As the Law Society of Scotland made clear, broadening the range of the prosecutorial options that are available is helpful. It also has the effect of potentially increasing police powers in the detection of more serious crimes.

It is to be hoped, however, that the measures in the bill act more as an effective deterrent. It is in all our interests to see a reduction in the number of cases rather than an increase in the prison population. In that context, I commend Claudia Beamish for the work that she has done in pursuing alternative approaches around restorative justice, which not only have the potential to be more effective in reducing reoffending but can also help to avoid compounding the serious problem of prison overcrowding in Scotland.

Claudia Beamish also led much of the effort to extend the use of vicarious liability. Although, ultimately, it has been expanded to include only a small number of practices—including illegal trapping and snaring—that represents an important step forward and, I hope, a way of deterrence.

Finally, I again congratulate Alison Johnstone on her successful amendment on mountain hares. Although I stand by my earlier comments about the Greens’ cavalier approach to parliamentary scrutiny and note that there is much work to do to make those proposals workable in practice, on a personal level, I acknowledge and respect the work that Alison Johnstone has put in on the issue over a prolonged period.

The bill enjoys overwhelming public support and will help to address the number of long-standing shortcomings in the way that animal welfare and cruelty are treated under our legal system. However, as with the Wildlife and Natural Environment (Scotland) Act 2011, it is almost certainly only the latest step, which will be followed by others in due course. For now, the Scottish Liberal Democrats welcome and strongly support the passing of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill.

In the same item of business

The Deputy Presiding Officer (Lewis Macdonald) Lab
The next item of business is a debate on motion S5M-22044, in the name of Mairi Gougeon, on the Animals and Wildlife (Penalties, Protections and Powers) (Sco...
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 Parliament for the stage 3 debate. I am passionate ...
Jamie Greene (West Scotland) (Con) Con
I appreciate that today has been a long day and I deliberately did not participate in the stage 3 deliberations. However, I want to put on the record two imp...
The Deputy Presiding Officer Lab
Minister, can you start to wind up, please?
Mairi Gougeon SNP
Yes, I will be as brief as I can. We tried to give the committee as much notice as we could about the seal amendment, and we have engaged with the industry...
Finlay Carson (Galloway and West Dumfries) (Con) Con
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 We...
Claudia Beamish (South Scotland) (Lab) Lab
This is, indeed, an important bill, and it is right that penalties and powers related to the offences in the bill are brought into line with a more modern un...
Mark Ruskell (Mid Scotland and Fife) (Green) Green
The Greens will back the bill tonight. The minister makes the important point that we should not lose sight of the significant provisions in the bill—in part...
The Deputy Presiding Officer Lab
I call Liam McArthur to make a remote contribution, for which he has up to three minutes. 19:56
Liam McArthur (Orkney Islands) (LD) LD
It has been a long afternoon. Some of us have probably exceeded our screen time for the week and it is only Wednesday, so I will be brief. Scottish Liberal ...
The Deputy Presiding Officer Lab
Gillian Martin is the only speaker in the open debate. I will have to hold her to three minutes. 20:00
Gillian Martin (Aberdeenshire East) (SNP) SNP
The clock starts now, Presiding Officer. As the minister did, I will concentrate on the initial policy aim of the bill, which is to increase penalties for a...
The Deputy Presiding Officer Lab
We move to the closing speeches. 20:03
Colin Smyth (South Scotland) (Lab) Lab
Scotland has some of the lowest penalties in Europe for animal welfare and wildlife crimes. The bill is an important step towards addressing that. It will gi...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con) Con
In closing for the Scottish Conservatives, I express my thanks to the Environment, Climate Change and Land Reform Committee for its work on the bill. The Con...
Mairi Gougeon SNP
If anything can be taken from the debate, it is the passion and strength of feeling that members across the chamber have for animal welfare and our wildlife,...