UK Parliament / Open data

Anti-social Behaviour, Crime and Policing Bill

I must not, because I have lots of people to try to reply to. I am sorry.

I hope that I have been able to persuade Opposition Members that the approach put forward in the new clause is already provided for in the Bill. If they were minded to press it, I would invite the House to reject it. [Interruption.]

The hon. Member for Penistone and Stocksbridge (Angela Smith), who is seeking to intervene while I am trying to respond to her points, proposes to reduce the time delay that can take place following the seizure of a suspected section 1 dog, such as a pit bull terrier, before it is examined by expert witnesses for the defence or prosecution to assess whether it is a prohibited dog. I understand her concerns about the impact that such delays can have on the welfare of dogs. That is why we are committed to bringing forward regulations next year to make it clear that when the police seize a suspected prohibited dog they will not be required to kennel it, but need do so only where they are satisfied that the situation of dog and owner do not present a risk to public safety. It is right to give the police this discretion, and that is the aim that we intend to take forward. It will be a condition of release, if release occurs, that the owner consents to the dog being muzzled and on a lead in public, as well as being microchipped and neutered before it can be released back to the owner. This is to ensure public safety and to prevent breeding from section 1 dogs. On that basis, we do not consider the hon. Lady’s new clause 29 to be necessary.

I now want to deal with the amendments eloquently presented by my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch), which seek to extend the offence in section 3 of the Dangerous Dogs Act 1991 to cover incidents where a dog injures or kills a protected animal. I entirely understand and sympathise with her reason for proposing that measure. She listed some of the existing legislation, which does have an effect and can be used in certain circumstances, including the Animal Welfare Act 2006, the Animals Act 1971, the Dogs Act 1871, and the Dogs (Protection of Livestock) Act 1953. It is rather unfortunate that the Criminal Damage Act 1971 classifies animals as goods or property in this respect.

I understand the concern of people whose cat is savaged by a dog, but the way forward is to consider other solutions. Instead of more legislation, we want better education for owners, training for dogs, and increased awareness among the public and the authorities who can use the new antisocial behaviour powers to address these incidents and help to prevent them before they happen.

I draw my hon. Friend’s attention to particular resources in legislation in respect of horses, which she mentioned. The Dangerous Dogs Act would apply in a situation where a dog threatens or attacks a horse and a rider, because the rider is likely to have “reasonable apprehension”

that the dog will injure them, and therefore an offence would be created. My hon. Friend also referred to the livestock issues that I mentioned earlier. We are keen to make sure that other animals are protected. However, as I said, the general nature of the legislation provides options through, for example, the injunction procedure to see whether there are other avenues that can be taken to deal with dogs that present a danger to the public and, indeed, to other animals.

On amendment 142, tabled by the hon. Member for Penistone and Stocksbridge, I regret that because of the lack of time I will have to write to her with a specific response to the point she raises.

The actions that this Government are taking in tackling dangerous dogs are absolutely right. Everybody in the House agrees that that needs to happen better than it has done in the past, and I believe the Bill will achieve that. The provisions will enable all the dreadful acts that have been taking place to be tackled in a sensible and effective way.

About this proceeding contribution

Reference

568 cc712-685 

Session

2013-14

Chamber / Committee

House of Commons chamber
Back to top