UK Parliament / Open data

Anti-social Behaviour, Crime and Policing Bill

We have all heard the tragic tales of those who have been injured or even killed by dogs that are out of control, and the issue is of growing concern to the public. I am therefore glad at least to see that the Government are prepared to do something to tackle the problem.

The cases that have stuck out in the debate that has taken place over the past few years relate to children such as John Paul Massey, from Liverpool, who died three or four years ago; the girl from Chingford who was attacked in the park and nearly lost part of her ear because of an attack by a dog that was running free, unrestrained by its owner; and Jade Anderson, who died recently and about whom we have heard today. There was also the case of Keith Davies, the postman in Cambridgeshire who was attacked in a cul-de-sac by two Rottweilers that had escaped from behind the gates of a private residence, and who nearly lost an arm. It was saved only through the skilful intervention of surgeons. Paul Coleman, the Sheffield postman who got me involved in this campaign, nearly lost his leg as a result of an attack on the street where I used to live by a dog that was roaming free on the public highway.

All those cases indicate to me that enough is enough. We spend £9.5 million a year on NHS costs alone to deal with the injuries inflicted on human beings by dogs that are out of control, and that is before considering the costs incurred by the police and other bodies in dealing with the issue. Any progress, however slight, is therefore welcome. I particularly welcome the Government’s decision to extend the law to private property. The onus will now be on owners to exercise responsible control of their dogs at all times, which will be welcomed not just by postal workers but by other delivery workers, health visitors, doctors, party members canvassing at election times and a whole range of other people. That really important safeguard will be more than welcome, because 6,000 postal workers a year alone are injured as a result of attacks on private property.

I believe that a strengthening of the defence must be built into the proposed legislation. The Bill currently includes the defence of general household protection, but amendment 142 would strengthen the defences given to householders who do their utmost to ensure they keep their dogs under reasonable control. It is my contention, and that of bodies such as the RSPCA, that the current defence does not do enough to protect householders who do their best to keep their dogs under control at all times. We can never legislate for all possibilities, and it is important that we include the best possible defences in the Bill to ensure that householders do not, for example, adopt the habit of keeping dogs imprisoned in the house for most of the day because they have

visitors. That would be unreasonable, but the Bill as currently drafted could make dog owners feel vulnerable to the proposed legislation, and therefore adopt those unfortunate welfare standards. Amendment 142 is reasonable and I hope the Minister will take it seriously.

My general point about the content of the Bill is that we need more than currently exists. What we do have is not necessarily best designed and in many ways is inadequate for encouraging responsible dog ownership and improving the welfare of dogs more generally. We need not only consolidation of the legislation but a comprehensive look at what measures we need for dog control. That position is supported by a grand coalition of charities and trade unions, including the RSPCA, the Dogs Trust, the Blue Cross, and Battersea Dogs and Cats Home. The Dogs Trust pointed out that 12 pieces of legislation in statute deal with dog control, but little emphasis is placed on the prevention of attacks and there is little focus on responsible dog ownership.

We need legislation that deals with dog ownership in the broadest possible sense, which is why I am working with animal welfare charities on a strategy to take a long-term look at what needs to be done, and at how charities work together to improve welfare standards and responsible dog ownership. Once finalised, legislation will inevitably be part of that strategy, focusing not only on dog control by the dog owner but on the breeding and sale of dogs, and the responsibility of all involved in dog welfare, including dog owners.

The Bill does not tackle that issue holistically or comprehensively, and along with animal welfare charities I remain disappointed that we have not had a dedicated Bill to update the legislation. Community protection notices are a blunt and unwieldy measure, not suited to the task of tackling irresponsible dog ownership. As indicated by the changes in new clause 17, the Bill contains no power to issue notices instantly so as to get on top of a dog that is potentially dangerous or out of control as soon as the situation occurs. In some cases, inevitably, the authorities will wait until an attack has been committed before issuing a notice, because they will not feel they should intervene and go through the unwieldy procedure to get a written notice before they can make that move. I do not believe that the Bill tackles those issues. New clause 3, tabled by my hon. Friend the Member for Croydon North (Mr Reed), contains the important requirement that an owner whose dog is potentially out of control should be made to engage in training and behaviour courses related to their ownership of the dog, and in that sense the new clause is helpful.

New clause 17 provides for a bespoke community protection notice modelled on the dog control notices recommended by the Environment, Food and Rural Affairs Committee. Guidance has already been issued on community protection notices and the measures in the Bill, but so far that guidance is long and difficult to interpret, and much of the support offered is found in the annexes to the guidance, not the guidance itself. As far as animal welfare charities are concerned, there will be an issue about the interpretation of that guidance, and a risk that animal welfare standards will be compromised as a result of the way it has been drafted. The guidance has not been produced properly in consultation with animal welfare charities.

Finally—you have been patient, Mr Deputy Speaker—I will refer quickly to the new clauses that relate to section 1 of the Dangerous Dogs Act 1991. Clearly, section 1 on breed-specific legislation is not working. In a consultation run by the Department for Environment, Food and Rural Affairs on that Act and the measures before us today, 71% of those consulted thought that the breed-specific section of that Act should be repealed because it is not working. It costs a tremendous amount of money to kennel dogs seized under section 1 of the Act, with an annual cost over the past three financial years of £2.6 million for the Metropolitan police alone.

The new clauses relate to the need to ensure that a time limit is imposed on the courts regarding how long a banned-breed dog can be held before the issue of whether it should be exempt from the legislation is dealt with, to ensure that animal welfare standards are not compromised. That is critical. There should also be the power to rehome dogs that are fit for exemption but have nowhere to go. The only other choice available to animal welfare charities at the moment is euthanasia, which is not good enough. It is the deed not the breed, and I look forward to hearing the Minister’s comments on that important issue, which I know the Metropolitan police, as well as animal charities such as the RSPCA, are keen to see dealt with.

About this proceeding contribution

Reference

568 cc665-7 

Session

2013-14

Chamber / Committee

House of Commons chamber
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