In February 2018 we gave evidence to the Welsh RSPCA regarding an animal offender’s register in Wales under our business name "Brighter Tomorrow." We would like to thank the RSPCA for inviting us along to give evidence in support of a register. It is hearting to know our wish along with the wishes of the 600,000 who signed the Justice for Chunky petition are being heard in Wales.
Recommendations by the RSPCA:
1. To consider the need for all enforcement agencies to share information regarding complaints, investigations, prosecutions and sentences for offenders. Further work needs to be conducted into a legislative framework in order for data to be shared for the purposes of detection and prevention of animal welfare offences. Should an animal offender register for Wales be the wish of Ministers, there would need to be significant improvements and measures for increased data sharing, as currently there are legal barriers that cannot otherwise be overcome.
2. To consider an additional statutory requirement for local authorities and the police to report convictions under the Animal Welfare Act. This will enable a more accurate picture of the statutory enforcement of animal cruelty in Wales.
3. To consider improving links between agencies, e.g. the National Offender Management Service, ViSOR and the Welsh Government, to enable information and intelligence sharing to understand offending patterns better. The current Commission on Justice in Wales should explore the impact of devolution on managing offenders in relation to animal cruelty, particularly in light of the emerging evidence of correlations with other types of offending.
4. To consider – along with the Commission on Justice – the issues surrounding parity of sentencing. There is great public interest in the appropriate punishment for cruelty to animals. The Group notes, and very much welcomes, the Welsh Government’s intention to introduce the same five-year maximum sentence that has been announced in England. In addition the Group recommends the Welsh Government discusses with the UK Government, refreshing advice to magistrates on animal cruelty offences and considers a system of automatically including a ban on the keeping of animals for severe offences .
5. To consider conducting or funding research within Wales or the UK on the impact of a register on offenders and wider research on the links between animal cruelty, domestic violence and child abuse, engaging with criminologists and enforcement agencies.
6. To consider the resources required for enforcement agencies to conduct annual checks on offenders banned from keeping companion animals under s34 of the Animal Welfare Act and the impact on reoffending. Encourage local authorities and Animal and Plant Health Agency inspectors to check for any disqualifications of livestock or companion animals when conducting their day to day work.
7. To consider improving the welfare needs of all animals by including this within the national curriculum. To also consider supporting intervention and prevention programmes by animal welfare organisations for those vulnerable to the factors leading to animal neglect or abuse, as well as those targeting adult offenders convicted of animal abuse in order to reduce recidivism.
8. To consider conducting discussions with the Home Office to clarify and ensure the inclusion of s34 disqualifications as part of a Disclosure and Barring Service (DBS) check. Once resolved this would, for example, enable pet shops, rehoming charities and others to utilise this system in order to check staff and volunteers to better protect the animals in their care. Should this not be possible, DBS users should be made aware of the omission of disqualifications for animal cruelty offences from this important background check. Given the increasing evidence of correlations between animal cruelty and other interpersonal – sometimes violent – offences, the Group believes it is in the public interest for any omissions to be widely known. Comments on the findings: The findings have shown that there are some serious gaps regarding animal welfare in the UK and we wish to make some comments.
1. The RSPCA in Wales had a difficult task of listening to differing options and making recommendations based on competing viewpoints is not an easy task.
2. Brighter Tomorrow is quite encouraged by the recommendations for the Welsh government to progress further work, as stated on page 10. In addition we are encourage by recommendations 5-8, which shows the need to increase awareness in schools along with funding research to understand the link between animal cruelty and crime.
3. We agree with there is very limited research done in the UK regarding the link between animal cruelty and crime. Also, research from other counties like the USA may not translate well because of cultural difference. However, the evidence is there and it relatively conclusive about the link. It should therefore be accepted that a link exists. 4. Animal offender’s registers in the USA operate differently than how the RSPCA was proposing. Tennessee just started their register and it will take at least five years to establish any meaningful patterns. This will mean before any meaningful data can be obtained, it will be at least 2021 and to stage on page 10, “ASPCA report highlights the failings within the existing system in the USA.” In our opinion this statement is premature.
5. As for cost, we felt that the cost of a database can be covered by adding a fee to the sale of each pet, charge a yearly fee to pet stores, and charged for each request made to the database. It is our feeling that users of the database should be the ones funding it.
6. We disagree with the statement, “Widespread calls for a register are based upon a genuine desire to tackle animal cruelty however, with an absence of evidence to prove their effectiveness, the Group found such calls were based upon conventional wisdom alone.” (Page 10). It is our feeling that other counties such as the United States and Switzerland have made attempts to address this issue. It is our belief the UK is lagging behind other developed industrialised counties on the issue and the UK should be a leader on this issue. Finally we believe that our 600,000 plus people cannot be wrong. Establishing a register to STOP animal cruelty is not conventional wisdom. Animal offenders register is a way to discourage crime. Research shows the more risky a crime becomes the less likely someone is to commit it. Increasing the penalty for a crime means the chances of it being committed. The register is not a panacea that will solve animal cruelty but a tool to discourage.
Conclusion: Does the above mean that we are in complete disagreement with the Welsh RSPCA? No. We found their recommendations encouraging. However, it has left us uncomfortable with the RSPCA not using other American agencies beyond the ASPCA. If American sources are going to be used then the RSPCA needs to include other research agencies such as Animal Legal Defence Fund, American Humane Society, and PETA just to name a few. There is also countless research that has been evidenced by the FBI, the National Sherriff’s Association, along with various other American government agencies which have proven a direct link between animal abuse and crime. We totally disagree with the comment about conventional wisdom for an animal offenders register. Over 1 million of you signed our petition saying the system does not work and more needs to be done in order to change that. Holding animal abusers accountable and end the perception that animal cruelty is acceptable because the offender gets a ‘slap on the wrist’ is unacceptable. Change is needed, which involved closer monitoring, longer sentences, and protecting the public from those who abuse. In our opinion requesting a change in the way government treats animal abuse I not conventional wisdom but a voice of a group of voters who want a change. Therefore we will continue to fight until the UK adopts an animal offender’s register. A copy of the full report can be found in the comments section under my name.
1 million signatures is 1 million voters, don’t you think it’s time the British government does something about this rather than a slap on the wrists?