I rise to address amendment 133 tabled in my name, which looks specifically at extending the Bill to include protected animals. I tabled a similar amendment—slightly differently worded—in Committee, and it has been redrafted by animal welfare charities for consideration today. The amendment is intended to be limited in scope, and would not capture a genuine, accidental attack by a dog on a protected animal—that was one concern raised in Committee. For example, some dogs chase cats or other small animals, and that would not be caught by the amendment, which refers specifically to attacks.
From previous discussions in Committee we know there has been an increase in attacks on protected animals. Charities, law enforcement agencies and the general public are concerned about the increase, yet we do not have a public record of the number of attacks and must rely on press reports. We know that there have been 66 reports of attacks—mostly fatal—on cats, including one last week, when the death of Caspar, which was devastating for the family involved, was reported in the Bolton News.
The problem is genuine for people who love their pets—it is incredibly important to them. My proposal is designed to deal not only with dog-chasing-cat events; attacks are often aggravated. The argument in Committee was that the current legislation deals with the problem, but some animal welfare charities beg to differ. For example, it is true that the RSPCA has used section 4 of the Animal Welfare Act 2006 on occasion to prosecute
following dog attacks on other animals, but there is often incitement by the animal’s keeper or a history of other attacks. It can therefore be difficult to obtain information or prove a case, which means that section 4 is not a straightforward mechanism for prosecution.
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We discussed the Dogs Act 1871 in Committee. It is true that the Act can be used for attacks on protected animals, but it is limited in scope and application in the case of one-off incidents. The current legislation is not conducive to early intervention or a preventive approach, or to dealing with less severe problems. We therefore need to look at the Act again.
There has been an increase in the number of attacks on horses, which I mentioned in Committee on behalf of the British Horse Society. The Dogs (Protection of Livestock) Act 1953 is applicable, but, under that Act, the attack must take place on agricultural land for an offence to be committed. Horses on bridleways are therefore not included. It is also not clear whether the Act is applicable when attacks take place on private property—it depends whether land is considered grazing land.
Animal welfare charities do not believe that the current legislation is sufficient, which is why I have felt compelled to table amendment 133 again on Report. I believe that that will send a strong message to the other place that many people—not just scrutinisers of legislation, but those who love their companion animals—are concerned.
Briefly, on dog control notices and community protection notices, the hon. Member for Croydon North (Mr Reed) was right to indicate that I said in Committee that there was a manifesto commitment. I stand by that commitment, and the Government have gone a long way to address the problems with dog control notices. Tellingly, organisations such as the Dogs Trust have made it clear that they are assured that the principle of DCNs could be applied within a CPN. However, the Dogs Trust has said—I am sympathetic to this—that the draft guidance on CPN enforcement is vague, particularly with regard to application. The Minister therefore needs to reassure the House, the charities that have been in touch with hon. Members on DCNs, and trade unions such as the Communication Workers Union, which provided an excellent briefing in advance of the debate, that CPNs will do as much if not more than DCNs. It is important that we send a clear message that we take the problem seriously.
Finally, my hon. Friend the Member for Shipley (Philip Davies) is not in his place to speak to the amendments he has tabled, but they are interesting and worthy of consideration, specifically on exemptions—for example, should a person who is the victim of an attack and whose dog then attacks the other person be liable? I am not suggesting that the Minister should accept all the exemptions proposed by my hon. Friend, but I urge him to consider them in a meaningful way.
This is an incredibly important issue and one that drives a great deal of emotion and passion, not only among victims of attacks but among those who care very much about their companion animals. The fact is that the dangerous dogs and animal welfare legislation is incredibly complex. I am not convinced that the Bill simplifies it in any way, shape or form, but I hope the Minister acts on the concerns with regard to protected animals.