Docking of Working Dogs’ Tails (England) Regulations 2007

rose to move, That the draft regulations laid before the House on 8 February be approved. The noble Lord said: My Lords, the lateness of the hour is self-evident, and I apologise in advance for the length of my speech. I shall deal with the three regulations in one speech and will move the other two Motions later. I do so having had the benefit of the start of the debate in Grand Committee and subsequent discussions with noble Lords and colleagues. People can obviously make their speeches—I am not trying to stop that, and clearly cannot anyway—but I hope that I will give most of the answers to the issues and doubts raised, as it will be much better to do that for completeness. I welcome the opportunity to deal with the three sets of regulations. The Mutilations (Permitted Procedures) (England) Regulations 2007 consolidate existing legislation relating to the mutilation of animals. The Animal Welfare Act 2006 prohibits all mutilation of animals other than for the purpose of medical treatment, but subject to any exceptions as may be specified in regulations, and it is the latter permission that the Government are exercising here. It is commonly agreed that certain mutilations are necessary for an animal’s long-term welfare, whether for reproduction control or better management. In addition, some forms of mutilation—for example, ear-tagging of certain animals for identification purposes—are required by law. The procedures to be permitted are set out in Schedule 1, with the conditions on how they may be performed or who may perform them in Schedules 2 to 9. In deciding which mutilations should be permitted and the conditions attached to their use, we have largely repeated those permitted under existing legislation but also consulted widely on other procedures that should or should not be allowed. The status quo has been replicated in most cases. However, unlike present legislation, where certain procedures are banned, the Act and these regulations together ban any mutilation not specifically permitted. This means that outdated and unacceptable practices not specifically outlawed or subject to regulation will now be banned. We identified 20 practices not subject to legislation but which are no longer generally considered justifiable on animal-welfare grounds, and those will no longer be permitted. They include devoicing cockerels and the ear-cropping of dogs. The mutilations regulations are accompanied by the Welfare of Animals (Miscellaneous Revocations) (England) Regulations 2007, which revoke current legislative provisions relating to certain mutilations of farmed animals which are now replaced by the mutilations regulations. The Docking of Working Dogs’ Tails (England) Regulations 2007, which will concern us most, supply the necessary mechanisms by which the principle of a ban on tail-docking of dogs, with limited exemptions, may have effect. In March last year, there was a very thorough debate on the issue in the other place, and all the main parties allowed Members of Parliament a free vote. I add that the regulations passed through the other place earlier today. With the commencement of Section 6 of the Animal Welfare Act, and subject to the approval of these regulations by your Lordships' House, the docking of dogs’ tails for cosmetic purposes will now be banned. It will be easy to see that as the shows come around the country, whether they be the big ones such as Crufts or others; it will be self-evident. The exemption for working dogs allows a dog that is likely to be used for certain specified types of work to have its tail docked by a veterinary surgeon. The dog will have to be not more than five days’ old when the docking is performed, and the veterinary surgeon will have to certify that he or she has seen specific written evidence that the dog is likely to work in one of the few permitted areas. As is currently the case, the vet’s decision whether to dock is entirely discretionary. This legislation does not require a vet to dock an eligible dog’s tail. Of course veterinary surgeons will continue to be permitted to dock or to amputate the tail of a dog of any type and at any age where it is necessary for its medical treatment. Many of my noble friends have concerns about the exemption for working dogs. We are all of the same mind—hence the nature of the debate in the other place—that it is crucial to ensure that only dogs that are genuinely likely to work have their tails docked. We are confident that these regulations close any potential loopholes. Regulation 3 outlines the evidence that the vet must see in order to certify the dog as a working dog. The vet must reasonably believe that the dog is not more than five days old and he or she must see the dam of the dog. In addition, another piece of specific documentary evidence relating to the work that the dog is intended for must be shown to the vet by the person presenting the dog. At five days old or less, the dog will self-evidently not be a working dog; therefore, we can require only that there is evidence of a genuine intention that the dog will work or be likely to work. It is possible that a dog that is legally docked will not go on to work—because it is not of the right temperament, for example. However, the requirement that documentary evidence be shown and that the owner make a declaration that the dog is intended for work—a false declaration is an offence—is a rigorous yet proportionate way of establishing a genuine intention that the dog will work. Regulation 3 and Schedule 1 provide that the dog can be only of a certain type; namely, a spaniel, a terrier, or a hunt point retrieve breed. The inclusion of the types of dog as groups rather than breeds does not mean that the Government anticipate that King Charles spaniels or Yorkshire terriers will be seen out retrieving game or sniffing for explosives. We are aware that some breeds within those types rarely, if ever, work. However, there were a number of reasons for including spaniels, terriers and hunt point retrieve breeds as groups, one of which was the recognition that a considerable number of cross-breeds, particularly in the terrier group, make very effective working dogs. In addition, we rejected including a requirement that a dog should be a 100 per cent pure-bred example of a specific breed. It would be difficult to be certain of that fact without, for example, DNA evidence or the production of detailed kennel-book pedigrees. Working dogs are more likely to have been reared for their working abilities than for the purity of their pedigree or their cosmetic perfection as to breed conformation. Rather, we opted for attribution to type on the basis of the identity of the dam; so, for example, a terrier for the purpose of these regulations is the puppy of a dam that can herself be described as a terrier. I reiterate that these regulations will absolutely not increase the number or type of dogs whose tails are docked. At present, any dog can have its tail docked by a veterinary surgeon. However, only certain types have their tail docked at present. These measures actively limit the dogs that can have their tail docked to those types included in the exemption, so there is no logic in the argument that the regulations will increase the numbers of dogs affected. I appreciate the correspondence from many members of the public and dog-lovers on that matter. It is therefore important to be clear about this. It is worth reiterating that a dog cannot have its tail docked unless it meets all the requirements in the regulations. It must be five days old or less, be accompanied by the documentary evidence and one of the specified types, which will be shown by the presentation of the dam. Regulation 4 describes how a docked dog must subsequently be identified. This must be done by microchip before the dog is three months old. That stems from the requirement in Section 6(8)(b) of the primary Act that the dog be identified before three months of age. We expect that in most cases docking and microchipping will be done at the same time. However, at the time of drafting Section 6 of the Act, we received representation from some vets and animal welfare groups concerned that, given the size of a puppy at less than five days old, it may not always be appropriate to microchip at that time. Therefore, it was felt best to leave this to the discretion of the vet and to enable him or her to microchip later if it was felt more appropriate to do so. Microchipping is a known and effective identification tool and is already compulsory for dogs with pet passports. In a small number of cases, a vet who has not docked the dog’s tail may be asked to carry out the microchipping. In this case, the vet will also be asked to sign the certificate, which will have been signed by the docking vet at the time of docking. If the second vet has any concerns about the identity of the dog being presented for microchipping, he or she can check with the previous vet or their practice, whose contact details and signature will be on the certificate. If any worries remain, the vet does not have to microchip the dog; it is discretionary. Concerns have been raised about how the legislation will be enforced. This has been the subject of much informal discussion between noble Lords and officials in the department and between officials and other groups. We believe that we have struck the correct balance in a system for enforcement which is both strong and proportionate. The compulsory certificate, which a legally docked dog will have throughout its life and which will change hands when the owner changes, will be the primary enforcement tool. Concerns have been raised about the absence of a specific offence of refusing to produce a certificate to an authorised person to prove that the docking has been done legally. We did not see the need for this offence, as the reasonable assumption was made that anyone accused of one of the tail-docking offences would voluntarily produce the certificate where this would exculpate him or her. Nevertheless, should they be necessary, there are wider enforcement powers in Section 23 of the Act, which cover entry and search powers in connection with offences. These are available to police and inspectors should they feel it necessary to use them. I remind noble Lords that the offence of docking a dog’s tail is punishable by imprisonment up to a maximum of 51 weeks or a fine of up to £20,000, or both. Although the Government are confident that these regulations can be effectively enforced, we will take a very active interest in their enforcement and may review the enforcement provisions if concerns continue to be raised. Tail-docking continues to be a contentious issue, partly because of the anecdotal nature of much of the evidence surrounding docking and tail injury. We understand that discussions are under way at the Royal Veterinary College about a potential study comparing the working dog exemption in England and Wales with the total ban in Scotland. The Government welcome any scientific evidence in this area and will be interested to see the results of this work. I very much hope that the House will approve the regulations. Obviously, the consequences of not approving them are that the docking of dogs’ tails for cosmetic purposes will continue, and I do not think that anyone wants that. The regulations represent an effective and proportionate approach to fleshing out the principle agreed by the other place last year. To reject them now would mean that Section 6 of the Animal Welfare Act would not come into force on 6 April, and docking for cosmetic purposes would be permitted to continue. I apologise for the length of my speech but I hope that I have covered many of the issues that have concerned noble Lords. I commend the regulations to the House. Moved, That the draft regulations laid before the House on 8 February be approved. 9th Report from the Statutory Instruments Committee.—(Lord Rooker.)