Hansard

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 meeting her to discuss the matter further. It is a vital issue, and it is important that we work together to make sure that we are successful in addressing it.

The penalties for 36 other offences, including those that deal with the disturbance of wild animals and their habitats, will be standardised and increased in line with the recommendations of the Poustie report.

An issue that is related to the higher maximum penalties is the availability of trial by indictment, which will directly benefit enforcement agencies such as Police Scotland, the Scottish SPCA and local authorities, as well as the Crown Office and Procurator Fiscal Service, by removing the current statutory six-month time limit for commencing criminal proceedings. That will give authorities additional time to gather all the appropriate evidence and to draft complete and considered reports on increasingly complicated cases that often involve serious organised crime elements.

One of the aims of the bill is to emphasise that animal cruelty and wildlife crime will not be tolerated in Scotland, so it will provide courts with the flexibility that is needed to impose sentences that are appropriate for a wide range of offending behaviour. The new maximum penalties will allow courts the flexibility to issue the most appropriate sentence for the worst cases, while the introduction of a new power to develop new fixed-penalty notices will provide an additional enforcement tool for more technical offences.

The bill will also introduce overarching powers that will allow the future introduction of fixed-penalty notice regimes through regulations for animal health and welfare and wildlife crime offences, which will enable bespoke FPN regimes to be designed to deal with a wide range of offences in a proportionate and timely manner. For example, FPNs could be used to deal more effectively with breaches of movement restrictions during an animal disease outbreak or failure to comply with movement and traceability regulations. Although those technical breaches might not impact negatively on individual animals, they can be detrimental to the health and welfare of wider animal populations. It is important to deal with all breaches of our animal regulations effectively in order to improve compliance overall, and I hope that the proposed focused changes to the penalty regime will lead to behaviour change across our communities, reflecting the public concern for animals in Scotland.

The bill also proposes a new and innovative approach to dealing with animals that have been taken into possession in emergency situations to protect their welfare. The new process will allow enforcement authorities to make appropriate permanent arrangements for such animals without the need to apply for a court order. That streamlined process, which is independent of any potential prosecution, will result in significant savings in staff time and resources for all parties, including the courts, and it should speed up the process of resolving often traumatic animal welfare situations.

We know that the neglect and subsequent suffering of animals is often a symptom of another problem, such as financial difficulties, bereavement, mental health issues or other illness. Enforcement authorities are acutely aware of that, and there are already processes in place for referrals to other agencies such as social work, where that is required. The new powers have been specifically designed to balance the property rights of the individual with the need to protect the welfare of animals. The bill recognises that, although animals have a legal status as someone’s property and the owner, too, might be suffering, those animals are sentient beings whose welfare needs must be met.

As the new robust and streamlined process will be implemented by enforcement authorities without any need to go to court, the necessary safeguards to protect human rights have been provided for at the same time as a focus on the welfare of the animals.

I am proud that the bill introduces Finn’s law in Scotland. I have met Finn and his handler, Dave, as well as colleagues in Police Scotland, and I have heard at first hand about the importance of the role of police dogs and horses. I have been touched by Police Scotland’s support for the proposals, which are, along with other elements of the bill, simply the right thing to do. They also keep pace with action that is being taken by other United Kingdom Administrations.

The bill will provide police animals with the same level of protection as other animals that are not routinely used in situations in which attackers could claim to have been acting to defend themselves. The provision will exist alongside the increase in the maximum penalties that are available for crimes against all animals, meaning that all of Scotland’s animals, be they guide dogs, police dogs or police horses, will benefit equally from the bill.

The bill is being delivered alongside a number of other initiatives to improve the welfare of our animals and wildlife that do not require changes to primary legislation. In relation to animal welfare, they include the creation of a modern and flexible licensing framework for pet breeding, animal sanctuaries, rehoming activities and pet sales—proposals that we will bring forward later this year.