The speech made by Scott Mann, the Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs, in the House of Commons on 27 October 2022.
I thank the hon. Member for Hackney South and Shoreditch (Dame Meg Hillier) for securing this debate. One of my first actions in this House was supporting her as a candidate to chair the Public Accounts Committee, which she has done so eloquently for the past seven years, so it is somewhat fitting that my Dispatch Box debut is replying to her.
We are a proud nation of animal lovers. We have a strong record of being at the forefront of standards of care and protection for our animals. Two hundred years ago, the United Kingdom was the first country in the world to pass legislation to protect animals: the Cruel Treatment of Cattle Act 1822, which was instrumental in paving the way for future animal welfare legislation.
The Government recognise the importance of high animal welfare standards. On 12 May last year, we published the action plan for animal welfare, laying out the breadth of animal welfare and conservation reforms that we are looking to take forward. We are already delivering several of those objectives. We passed the Animal Welfare (Sentencing) Act 2021, realising our manifesto commitment to
“introduce tougher sentences for animal cruelty.”
The Act’s new maximum sentence of five years’ imprisonment and an unlimited fine for the worst cases of animal cruelty is a significant step forward in protecting animal welfare. In addition, the Animal Welfare (Sentience) Act 2022 recognises the sentience of vertebrates, decapods, crustaceans such as lobsters, and cephalopod molluscs such as octopus. Our approach takes into account central Government policy decisions.
That is not all we are doing. We have passed the Glue Traps (Offences) Act 2022, which prohibits the use of inhumane glue traps, and the Police, Crime, Sentencing and Courts Act 2022, which introduces tougher sentencing and improved powers to tackle the cruel practice of chasing hares with dogs. Under the new measures, anyone caught hare coursing will now face an unlimited fine and up to six months in prison.
The welfare of dogs is important and close to the hearts of many people in this country. The hon. Member has spoken about the important issue of urban dog daycare centres undertaking to improve accessibility and local options for dog owners who want their pets to be cared for. I am myself a dog owner, and I know that owning and caring for a dog is wonderfully rewarding. I should like to think of my two doggos going to Hairy Hounds and having a fabulous afternoon there. I am well aware of the vital role that dog daycare centres provide in ensuring that our pets are looked after. It is hugely important for dogs— regardless of their size or location—to have their welfare needs met. From the most impressive of Great Danes to the diminutive chihuahua, every dog needs appropriate space.
Before I deal with the key issues of the debate, let me say something about the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018, which introduced the licensing scheme for commercial dog daycare centre providers. In 2018 we brought together and modernised the licensing of a range of activities by making those regulations under the Animal Welfare Act 2006. The regulated activities include dog and cat boarding, dog breeding, pet sales, the hiring out of horses, and the keeping or training of animals for exhibition. The 2018 regulations apply modern animal welfare standards to those activities, and make it easier for local authorities to carry out their enforcement duties. They also enable businesses to gain earned recognition by allowing local authorities to grant longer licences to premises which meet higher welfare standards.
The regulations were designed to specify and update the licensing of five key activities involving animals. They include a licensing scheme which ensures, at a minimum, that improved standards of welfare included in the 2006 Act are applied across the five licensable activities. They build on existing requirements, some of which had existed for more than 50 years, including dog boarding legislation from 1963. Thankfully welfare standards have developed considerably since then, and the dog boarding sector has changed significantly. The regulations enable welfare protection to be extended to novel types of dog care which were not mentioned in the Animal Boarding Establishments Act 1963; dog daycare was one of those activities.
As the hon. Lady will know, local authorities are responsible for implementing the licensing regime. They ensure that businesses that should be licensed are licensed, and meet the licence conditions of the 2018 regulations. They also check the welfare of the animals involved in licensed activities. Local authorities carry out enforcement activity where necessary if they find that businesses are not meeting their obligations.
The regulations are supported by statutory guidance from the Secretary of State for local authority inspectors implementing the licensing regime. The guidance is intended to clarify details of the requirements, and to assist inspectors in their interpretation and application of the licensing regime across England. That ensures consistency between local authorities and gives confidence to trained local authority licensing inspectors, many of whom will have responsibility for licensing a wide range of other business types.
Dame Meg Hillier
One of the anomalies in the system is the fact that some local authorities use a licensing scheme while others use planning permission. There are other parts of the regulations, which I did not go into in detail this evening, which is a further reason why it would be helpful if we could have a meeting.
Scott Mann
I should be more than happy to meet the hon. Lady and representatives of her businesses at the Department—if I am still in place for the next few hours, which I very much hope I shall be. I am keen to open up this discussion, because I think there might be something we can do here.
The guidance for the licensing regime is published on gov.uk, allowing prospective and existing licence holders full access to the information.
Let me now turn to the issue at the centre of the debate: the space required for dogs in daycare settings. The 2018 regulations state that dogs should be provided with a suitable environment. As I mentioned earlier, the regulations are supported by guidance from the Secretary of State, to which local authorities are required to have regard. The guidance states that when welfare standards are not being met, inspectors should take several factors into account. For instance—as the hon. Lady mentioned—each dog must have 6 square metres of space, which can include inside and outside space.
It may not surprise Members to learn that there are numerous business models in dog daycare centres. The welfare needs of an individual dog do not change on the basis of location, but the way in which they are met may vary.
In all settings, the primary licensing objective is to ensure that the dog’s welfare needs are met. Given the diversity of the sector, making a quick change to that guidance without consulting more widely may well resolve one problem but create others. Prior to making any change to the guidance, we need to consider carefully that risk and any impact on the animal welfare standards that I mentioned earlier. We would also need to consider any proposed change to the guidance for dog daycare centres, alongside similar guidance for other licensable activities involving dogs, to ensure parity of provision and consistency of standards.
I also understand that there are some concerns about dog daycare centre providers operating outside urban areas, where there is more space. I have received correspondence suggesting that dogs are travelling for significant periods to be taken to those places, as the hon. Lady rightly said. Animals’ transportation needs must be met—people must avoid causing them pain, suffering or distress—and transportation must fully comply with legal requirements to protect their welfare, including the provision of sufficient space, while journey time should be minimised. We take potential breaches of animal welfare legislation seriously, and advise that any concerns should be reported to the relevant local authority.
In February this year, we published an update to the guidance, largely to bring it in line with modern publication standards. After publication, a concern was raised regarding dog daycare. Working with the sector, we took steps to address the issue earlier in 2022. We were also clear with all involved that we would also consider the issue of space in the 2018 regulations.
The core purpose of the review is to assess the current operation of the 2018 regulations against their original impact assessment and policy intent, and to make recommendations on whether to retain, repeal or replace them. We are always seeking to learn from the implementation of legislation, and we feel that the review is also an appropriate time to re-examine the standards and the associated guidance, and to consider any changes.
I can confirm that DEFRA has begun the review process and that, as part of the review, my officials are proactively working with partners, including local authorities, businesses, and animal welfare organisations, to collate data that can provide a picture of licensed and unlicensed activities involving animals in the UK. I can confirm that Islington dog services and other urban dog daycare centres that have co-signed letters will be included in those submissions. As I have said, I am more than happy to meet the hon. Lady and her constituents.
Given the aforementioned need to consider the space needed by dog daycare centres, and by all licensed dog activities, the best route is to allow for the review to be completed before taking any further steps to address the guidance. However, we recognise that some businesses may not be able to wait that long because of their impending licence renewals. In light of all those factors, I will commit my officials to finding an interim solution for the space issue that protects the welfare of dogs in daycare settings, but which tries to reduce the impact on the urban businesses. We recognise the high demand for dog daycare in urban areas such as London, and we recognise and consider the issue of space across licensable dog activities.
The Government recognise the important role that responsible dog daycare centres play in caring for our pets. Their services not only ensure the welfare of dogs and afford them the opportunity to socialise, but allow the owners to go to work—we are very supportive of that. I hope that all present are reassured that the Government have heard of the difficulties in urban dog daycare centres and are committed to taking steps to address some of the challenges they face.
In the meantime, local authorities should be the point of inquiry about the application of the regime. If a licence holder is unhappy about the way a local authority handles an inquiry, they can report the matter to the chief executive officer of the local authority or, further still, to the local government and social care ombudsman.
I thank the hon. Lady for bringing the debate about.
Mr Deputy Speaker (Mr Nigel Evans)
If there is not a pub called “The Hairy Hound”, there should be.
