We turn, therefore, to the legislative consent motion on the Animal Welfare (Service Animals) Bill. And I call on the Minister for Environment, Energy and Rural Affairs to move the motion—Lesley Griffiths.

Motion NDM6979 Lesley Griffiths

To propose that the National Assembly for Wales, in accordance with Standing Order 29.6 agrees that provisions in the Animal Welfare (Service Animals) Bill, relating to Animal Health and Welfare in so far as they fall within the legislative competence of the National Assembly for Wales, should be considered by the UK Parliament.

Motion moved.

Thank you, Chair. I move the motion.  

Thank you for the opportunity to explain the background to today's debate on the LCM on the Animal Welfare (Service Animals) Bill. A private Member's Bill, the Animal Welfare (Service Animals) Bill was introduced in the House of Commons by Oliver Heald MP on 18 June 2018, and is supported by the UK Government. The purpose of the Bill is to introduce increased protection for service animals by amending section 4 of the Animal Welfare Act 2006. It addresses public concerns about the application of section 4(3)(c)(ii) of the 2006 Act to attacks on service animals, where a defendant accused of causing unnecessary suffering to an animal could claim they were protecting themselves. This could arguably be used to justify the use of physical force against a service animal, potentially causing it unnecessary suffering.

The Bill comes following a high-profile campaign mainly focused on the UK Government, known as Finn's law. Finn, a police dog, was savagely attached while assisting a police officer to apprehend a suspect. While Finn's attacker was subsequently prosecuted and convicted for the attack, the case highlighted public concerns about the application of section 4(3)(c)(ii) of the 2006 Act.

I would like to take this opportunity to extend my thanks to the members of the Climate Change, Environment and Rural Affairs Committee, who considered the Bill in readiness for today's debate. Its members asked for reassurance the Bill does not affect the rights of civilians who are not engaged in or suspected of criminal activity. The proposed Bill does not detract from the common law defence of self-defence, nor does it apply in instances where innocent bystanders are attacked by a service animal. The use of the animal must be reasonable, and the animal must be under the control of a relevant officer, as described in the Bill. I am therefore satisfied there are no human rights issues associated with this Bill, and I hope this allays any concerns Members may have.

I would also like to thank members of the Constitutional and Legislative Affairs Committee for their consideration of the LCM. I've noted Members' disappointment that the proposed protection for service animals has not been implemented in Wales via a Welsh Bill. The need for legislation for Wales to be made in Wales does have my full support. However, I must also be mindful of the unprecedented pressures the Welsh Government is facing with regard to Brexit, and whether introducing a Bill on a different timescale to England would be in the best interest of the animals this seeks to protect. There is no Welsh Government Bill currently before the Assembly or planned to be introduced in this Assembly year that would be a suitable vehicle to contain the provisions of the Animal Welfare (Service Animals) Bill. Indeed, as the committee has highlighted in its report, animal welfare is a priority of the Welsh Government, and because of this, I am in no doubt the most appropriate and timely route to protect animals in service has been taken for reasons of timing and coherence. The provisions of the Bill align with the Welsh Government policy objectives regarding the promotion of animal welfare. Taking them forward in this UK Bill will mean that service animals in Wales will be afforded the same level of protection at the same time as those in England. I ask Members to support this LCM.

The Llywydd took the Chair.

I call on the Chair of the Climate Change, Environment and Rural Affairs Committee—Mike Hedges.

Diolch, Llywydd. I'm speaking on behalf of the Climate Change, Environment and Rural Affairs Committee. The committee considered the LCM for the Animal Welfare (Service Animals) Bill at our meeting on 13 February. Our considerations focused on the Bill's policy objectives as set out in the memorandum. We found no reason to object to the Assembly agreeing the legislative consent motion before us today.

I hope, having listened carefully to what the Minister said, that she is providing assurance from the Welsh Government that the proposed changes will not lead to a reduction in the rights of citizens to protect themselves from harm in the case of unwarranted attacks by a service animal. I hope she will confirm that in her response.

Llywydd, I would like to raise a broad issue about the LCM process within the context of today's debate. During the committee's recent scrutiny of several LCMs, we have found it difficult to see a consistent rationale for the Welsh Government's view that the UK Parliament, rather than the Assembly, should legislate in an area of devolved competence. The Animal Welfare (Service Animals) Bill includes a narrow provision about a non-contentious subject. However, other Bills we have considered will make fundamental and wide-ranging changes in key areas of devolved responsibility. There does not seem to be any principle other than convenience underpinning the Welsh Government's approach. We know that the Assembly will be asked to consider other LCMs in due course, and for that reason I have written to the First Minister to seek clarification on the Welsh Government's approach to legislating via the LCM process, and I'll ensure that response is made available to all Members. Diolch, Llywydd. 

I call on the Chair of the Constitutional and Legislative Affairs Committee—Mick Antoniw.

Thank you, Llywydd. We considered the Welsh Government's legislative consent motion in respect of the Bill at our meeting on 4 February and, as the Constitutional and Legislative Affairs Committee, of course, we look at the technical and constitutional aspects of the Bill per se, rather than the specific policy objectives. 

We've noted the Welsh Government's reasons as to why, in its view, making provision for Wales in a UK Bill is appropriate. However, we also express our disappointment that the Welsh Government did not see cause and opportunity for bringing forward its own legislation, particularly as the Minister has stated that animal welfare is a priority of the Welsh Government. In respect of the point raised by the Minister that it is only by taking provisions in the Bill that service animals in Wales will be afforded the same level of protection at the same time time as those in England, we do not believe that this reason per se is sufficient not to have pursued a Welsh legislative route. In our view, the legislative processes within the Assembly and UK Parliament could have facilitated scrutiny of respective Bills within similar time frames. Conversely, nations within the UK have already legislated at different speeds on other matters, including minimum unit pricing for alcohol, charges for single-use carrier bags, and so on. We believe, and we reaffirm our view, that legislating on a Wales-only basis would also have supported the Welsh Government's aim of developing and supporting a bilingual body of accessible Welsh law. 

Plaid Cymru will support this LCM, but I too am having some difficulty in understanding how the Welsh Government decides when it’s appropriate for the UK Government to legislate in devolved areas, because there’s no reason in my view why we couldn’t have legislated ourselves on this issue. And as a member of an opposition party who’s a spokesperson on this issue, it’s very frustrating for me to see Welsh Ministers and Ministers in Westminster presenting us with some fait accompli in the Senedd that we can either accept or reject. Now, I would have liked to have tried to influence the content of what’s being discussed here, but, of course, it is a fix agreed by Ministers rather than us as Assembly Members here having a right, as we should have, to scrutinise these proposals in the detail that they deserve.

Now, the Welsh Government has said that legislative pressures emerging because of Brexit mean that that has to be prioritised before some domestic legislation. I understand that issue, but there’s no evidence of that kind of legislation coming before us here in this Senedd as yet. And we hear Ministers and the Counsel General saying that he’s eager, and the Government is eager, to build a co-ordinated body of Welsh law, and the Minister herself has said that she wants to see Welsh legislation made here in Wales, but then we don’t do that when the opportunity arises. And if we can’t legislate ourselves on this issue—it’s a short Bill, it is a two-clause Bill, it includes narrow provisions that are non-contentious—under what circumstances will we ever legislate on an issue such as this?

The Minister to respond to the debate. 

Diolch, Llywydd, and thank you to Mike Hedges, Mick Antoniw and Llyr Huws Gruffydd for their contributions. I do understand Members' disappointment and concerns, and I had hoped that I had explained why we were doing it this way. We do have to consider proportionality and prudence in our decision making when we bring forward legislation. As I say, there's no Welsh Government Bill before this Assembly or planned to be introduced in this Assembly year where we could hinge on this. I didn't want to have a different timescale to England either. So, I thought this the most appropriate way. But I do want Members to understand that I do understand their concerns on this. I think it's really important that we offer greater protection for service animals in Wales whilst maintaining relevant protections for innocent bystanders, and I hope that, and what I said in my opening remarks, does reassure Mike Hedges that the Bill does not encroach on human rights, as the common law defence of self-defence remains, and an animal must also be acting reasonably and under the control of a relevant officer as absolutely described in the Bill.

So, what this Bill does is—. By taking the provisions forward in the UK Bill, it means that service animals in Wales will be afforded the same level of protection, at the same time, as those in England, and I do think this legislation really represents a strong step forward for Wales—a clear indicator that animal cruelty will not be tolerated, and I do ask Members for their support.

The proposal is to agree the motion. Does any Member object? No. The motion is therefore agreed in accordance with Standing Order 12.36. 

Motion agreed in accordance with Standing Order 12.36.