Part of the debate – in the Senedd at 4:05 pm on 5 March 2019.
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.