Hansard

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 about protecting Scotland’s animals, as are many other members, as we saw during the debate on amendments. I can definitely say that we have thoroughly scrutinised the bill throughout the process, as demonstrated during the final amendments that we have just dealt with.

I will use my opening contribution to discuss some of the other measures that the bill introduces. The debate has tended to focus on issues such as those addressed in the amendments that we have just discussed, but I do not want us to lose sight of or forget about some of the groundbreaking measures that the bill introduces.

The bill increases the maximum available penalties for the worst animal cruelty and wildlife offences to enable courts to impose appropriate sentences, depending on the circumstances of each case. That follows growing public concern about the truly horrific nature of some of the crimes against wild and domestic animals that have been reported. Thankfully those crimes are rare, but they rightly attract a great deal of concern when the maximum penalties that can be imposed seem inadequate, considering the sickening behaviour involved.

The ability to try serious wildlife and animal welfare offences either by summary proceedings or indictment gives the courts much greater flexibility in the range of penalties that are available to them. That will allow a court to take full account of all the facts of a case, and the penalties awarded to more closely reflect the nature and impact of any specific offence.

A welcome and helpful aspect for enforcement agencies of the increase in maximum penalties to five year imprisonment and the availability of trial by indictment is that the six-month time limit to investigate offences will be removed. That will be of great benefit to the enforcement agencies and the Crown Office and Procurator Fiscal Service because, in many cases, it can be difficult for them to gather within that timescale all the relevant evidence and complete the detailed forensic investigations that are often needed to secure a conviction.

Another improvement that will be welcomed by the enforcement agencies is the power to put in place fixed-penalty notice regimes for animal health, animal welfare and wildlife crimes. That will facilitate the development of more modern, proportionate and efficient ways of encouraging compliance with future regulations. Those will mostly be technical in nature and applicable where offences do not involve serious harm to animals but where regulations might benefit animal health, welfare or wildlife protection overall. That important additional enforcement tool has been widely welcomed by local authorities and the Scottish SPCA for its potential flexibility, proportionality and efficiency.

The bill also improves protections for police dogs and horses by introducing Finn’s law in Scotland. It recognises the important role that such animals play in protecting us in sometimes very difficult circumstances. I know that that matters to quite a few members and I am sure that we will hear more about it. I had the pleasure of meeting Finn and his handler, Dave, as well as colleagues in Police Scotland, and I have been touched by their support for the measures proposed in the bill. By removing a potential legal defence for an attacker, we will provide police animals with equivalent protection to other animals that are not routinely used in dangerous situations to apprehend a suspect or control a crowd. Alongside that, the increase in the maximum penalties available means that all Scotland’s animals will benefit equally.

One of the most strongly welcomed parts of the bill for animal welfare enforcement agencies will be the provisions on emergency arrangements for animals that have been taken into possession to protect their welfare. The Scottish SPCA, which I have worked closely with on the bill, has described the measure as transformative. It should allow the Scottish SPCA in future to quickly rehome animals that it has taken into its care, rather than having to keep them for months on end while waiting for the outcome of a court case. The bill will therefore deliver meaningful changes to assist dedicated enforcement staff without placing new obligations or financial burdens on them. With the amendment that was agreed to earlier, the bill also improves the welfare of seals, restricting the reasons why industries can receive licences to lawfully shoot seals, and raising the penalties for those who do so unlawfully without a licence.