Dog Control Bill [HL]

My Lords, perhaps I should start with the Minister’s response. I have put forward a large number of Private Member’s Bills, many of which have failed to get through, but elements of many of them have been turned into law. The point that I want to make to all noble Lords is that the Bill is not being brought forward in a rush; hundreds and hundreds of hours have been spent in consultation with many experts in the area looking at the precise questions that the noble Lord, Lord Mancroft, asked. Those are the real issues. We know what the problems are out there; many of our experts have looked at them and have asked what the potential solutions are. The Minister made a number of points, one of which was the question of owning a dog that attacks someone without reasonable cause. However, the important point here is that we have to act in a preventive way. We have to try to intervene before these horrific attacks take place. The Minister mentioned private property, which is an extremely vexed issue. However, I come back to the case raised by the noble Lord, Lord Grantchester, of John-Paul Massey. My first point is that the dogs involved in that case probably fall under Section 1 of the Act, so using it as an example of an attack shows how badly the Act has failed. The second point is that there were two instances where action could have been taken but was not. I am not saying that this Bill would have stopped the attack but it would have provided a point of intervention. The real issue that I have with many of the reasons that have been put forward for opposing the Bill is that, year on year, more and more attacks are occurring and they are costing an incredible amount of money, as is the Act itself. As many noble Lords have said, the Act is failing. I am not saying that this Private Member’s Bill is perfect, and I very much understand the Minister’s point about looking at the Defra consultation and bringing forward the results. The Minister said that he was not going to make any decisions until he had read the consultation. Obviously, that consultation paper was drafted by another Government. However, I should very much like to know the results of it because I think that many of the points raised by the Bill will be central elements in the responses to that consultation. The noble Lord, Lord Mancroft, referred to the increase in the number of attacks, and I shall very happily write to him with that information. He also mentioned attacks on squirrels. I am well known for my genocidal activities towards grey squirrels. Squirrels and rats would not fall under this measure. Indeed, after the last outing of the Bill, we took a great deal of time ensuring that the views expressed, including those of my noble friend Lord Shrewsbury, were looked at so that such incidents did not fall under this Bill. The noble Lord, Lord Mancroft, said that it was a matter of genetics, and I totally agree. You would not let a whippet run around in a field full of sheep but the point is that it is the owner who is letting the dog off the lead. Therefore, the Bill says that the owner is responsible and that it would be irresponsible to let certain dogs off the lead in a field full of sheep. That issue was raised by the noble Lord, Lord Grantchester and I totally agree with him. It is about making sure that dog owners are responsible. I have been shocked by how few dog owners in the countryside are responsible; they feel that they almost have a right not to be responsible for their dogs. As the noble Earl, Lord Shewsbury, pointed out, there is an issue about dogs going about their duty, and that needs to be looked at. Clause 2(3) deals with reasonable cause. There has to be a level of common sense, as there has to be in implementing any legislation. I thank my noble friend Lord Addington for supporting the legislation. A large number of issues need to be considered. However, we know that there is a problem. Pretending that it is not costing an enormous amount of money and that we cannot do anything is a failure. There will be more attacks. I was struck by the support of the Guide Dogs for the Blind Association and the concern about the increasing attacks on guide dogs by other dogs. The RSPCA has raised its own proposed legislation in the same way that I know the Minister has raised issues with this measure. I know that the RSPCA, which refers to licensing, would receive exactly the same response from the Minister. I am not disheartened by his view that the Government will not jump to support a Private Member’s Bill. However, elements of this Bill could be taken forward. After the summer and after the Minister has had the chance to read the results of the consultation, I hope very much that we will be able to meet some of his officials to work through some of the concerns that he expressed about the Bill. I think that we can come to the Committee stage to see whether the elements that we all know need to be brought forward to help to prevent attacks on people, dogs—and children—can be discussed. I have introduced a few Private Member’s Bills in my time, especially on Fridays—not to a packed audience it has to be said—and I would love the Minister to say, "You have got it exactly right. We will have one of those and it will go on to the statute book". That is not how legislation works and it is certainly not how legislation should work. It is very important that we listen to the views of noble Lords about where there are failings and how to avoid the law of unintended consequences. That was one of the major problems with the Dangerous Dogs Act 1991. Because people were scared of pit bulls the Bill moved through far too quickly. Anyone who talked against it was seen as almost dangerous and irresponsible. We know that that has failed and that something must be done. The Minister has said that provisions will be brought forward. I very much hope that many of the provisions in this Bill are part of the solution of making people safer and making dogs’ welfare a priority. Bill read a second time and committed to a Committee of the Whole House.