Friday Volume 654 8 February 2019 No. 249 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Friday 8 February 2019 © Parliamentary Copyright House of Commons 2019 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 511 8 FEBRUARY 2019 Animal Welfare (Service Animals) 512 Bill the way to save the officer, and PC Wardell received a House of Commons hand wound, but the dog received serious head wounds as well as the chest injuries. PC Wardell believes that Friday 8 February 2019 Finn saved his life. As other officers arrived, the suspect was apprehended. Finn was badly injured, bleeding and was taken to the The House met at half-past Nine o’clock vet and then on to a specialist vet. He was in a terrible shape with his lungs punctured in four places and yet he PRAYERS was licking his handler’s hand wound. Finn had a four-hour operation to save his life. The vet commented on his strength and bravery. PC Wardell slept downstairs [MR SPEAKER in the Chair] with Finn for the next four weeks, and I think we are all pleased that Finn made a remarkable recovery. After Michael Tomlinson (Mid Dorset and North Poole) 11 weeks, he was ready to go back to work with PC Wardell. (Con): I beg to move, That the House sit in private. On his first shift, on 22 December 2016, they arrested a Question put forthwith (Standing Order No. 163), and fleeing suspect on their first outing. negatived. Finn is one of the most successful police dogs that Hertfordshire police has known. He has won national Animal Welfare (Service Animals) Bill recognition for his bravery: Action Animal of the Year; Bill, not amended in the Public Bill Committee, considered. Hero Animal of the Year; and the PDSA gold medal, which is known as the animals’ George Cross. However, Third Reading when it came to charging the offender, it became clear that there is a problem with the law. For the assault on 9.34 am the officer, it was a straightforward offence of assault Sir Oliver Heald (North East Hertfordshire) (Con): I occasioning actual bodily harm, but there were two beg to move, That the Bill be now read the Third time. potential charges for the injuries to Finn himself—either causing “unnecessary suffering” to an animal under I wish to thank Members who co-sponsored this Bill, section 4 of the Animal Welfare Act 2006, or section 1 those who were selected for the Committee and all the of the Criminal Damage Act 1971. Neither offence other Members and supporters, such as the hon. Member properly provides for the criminality involved in the for Halifax (Holly Lynch) who has been very supportive attack on Finn. In the event, an offence of criminal but who is currently on maternity duty. They have been damage was brought, but this treated Finn as though he great supporters of this small but important change in were simply a piece of police property that had been the law, popularly known as Finn’s law. I also thank all damaged—a bit like a police radio or something of that those who have campaigned for this measure, including sort. PC Dave Wardell, Sarah Dixon of the Finn’slawcampaign, many animal charities, the media, including the “Today” programme, The Sun and the Daily Mirror, all police Theresa Villiers (Chipping Barnet) (Con): May I thank and crime commissioners, including David Lloyd from My right hon. and learned Friend for his persistence in Hertfordshire, and mayors such as Andy Burnham. I introducing this Bill and say how strongly I support it? am grateful to the Administration Committee for agreeing He is making the compelling case that treating these that Finn could attend the various stages of the Bill animals in the criminal justice system as items of property accompanied by PC Wardell and Sarah Dixon. I thank is entirely unjust, and it does not reflect their bravery my Whip, my hon. Friend the Member for Castle Point and service. (Rebecca Harris), who has championed the Bill and helped me a great deal with this. I also thank you, Sir Oliver Heald: I entirely agree with my right hon. Mr Speaker, for your advice early on in the proceedings Friend my right hon. Friend the Minister for Policing when you told me to keep persisting and perhaps I and the Fire Service, who was here a moment ago, told would get there, and it looks as though I may, so thank me that he thought it was unpalatable to think of police you very much. animals as equipment. In addition, the penalty for This Bill, which received a Second Reading on 6 July criminal damage is largely determined by the value of last year and passed Committee on 16 January, arises the property that is damaged, and a seven-year-old from events that I explained to the House in my ten-minute police dog who is close to retirement is simply not worth rule Bill application on 5 December 2017. My constituent much money. And so it proved at court, where no PC Dave Wardell is a police dog handler from Buntingford separate penalty was imposed on Finn’s attacker for the in my constituency where he lives with his family and attack on Finn. Finn, now a retired police dog. On Wednesday 5 October The offence under section 4 of the Animal Welfare 2016, PC Wardell and Finn were on duty in Stevenage Act is potentially a better route, but there are two when a robbery suspect ran off and they followed. The problems with it. First, the maximum penalty is only six suspect was found hiding in a garden when a light came months’ imprisonment. After a consultation, happily on. PC Wardell called, “Stop! Police!” but the suspect the Government have committed to increasing that to started to jump up a fence. Finn took hold of his lower five years, and that has been widely welcomed. I pay leg to restrain him. The man lunged at Finn with a tribute to the campaigners who have pressed for that, 10-inch bladed hunting knife and stabbed him right including Battersea Dogs and Cats Home, which is also through the chest several times. He then turned his a strong supporter of this measure. The Government’s attention to PC Wardell. Finn intervened to save PC Wardell commitment to a maximum penalty of five years clearly as the blade was aimed at his face. Finn put himself in represents a great improvement. 513 Animal Welfare (Service Animals) 8 FEBRUARY 2019 Animal Welfare (Service Animals) 514 Bill Bill [Sir Oliver Heald] that a campaign for Finn’s law to apply in Scotland is gaining ground, and the same is true in Northern Ireland. Secondly, there is a difficulty with the application of My hope is that this will become the law across the section 4(3)(c)(ii) of the Animal Welfare Act, which sets United Kingdom. out that various factors must be taken into account in Taken together with the Government’s increase in the deciding whether the infliction of suffering on an animal animal welfare penalty, this change in the law will mean can be considered unnecessary—those factors include that for the first time there is suitable protection for the protection of a person or property—and currently service animals and a proper sentence for offenders. contains no reference to the role of service animals. Service animals such as Finn do a great job, and there Clearly, the mission of a service animal is to restrain a are 1,200 police dogs in service at any time. There suspect or to use its physical presence to support the should be proper recognition in law of their vital role, actions of an officer in accordance with his or her duty, and I commend the Bill to the House. but there is no reference to that in the Act. We have heard from police dog handlers, prosecutors and all the police and crime commissioners in the country that 9.45 am there is concern that the provision allows defendants to Victoria Prentis (Banbury) (Con): I was not expecting argue that they are justified in applying force against a to be called to speak so soon, so it falls to me to say service animal in self-defence, rendering the force necessary. what an enormous debt of gratitude this House owes to That has apparently been an issue in deciding not to Finn—I understand that he is not here at the moment, prosecute for the offence under the Animal Welfare Act. but he will be later—[Interruption.] Oh, Finn is here. Super! I look forward to meeting him later. Look, he is John Spellar (Warley) (Lab): I thank the right hon. standing up, so we can see him—marvellous! I am sorry and learned Gentleman—on this occasion, I will call that those on the Opposition Benches probably cannot him my right hon. and learned Friend—for the doggedness quite see him, but I hope that you can, Mr Speaker. with which he has pursued this Bill, and I thank those who have campaigned outside. It is unfortunate that the As I think we will hear from Members from all campaign has been necessary. Surely we should be corners of the House, we owe an enormous debt of protecting those who protect us. In this instance, we are gratitude to Finn, to PC Dave Wardell and to my right talking about police dogs, but the same should apply to hon.