I will not detain the House for long. I want to touch briefly on the dangerous dogs element of the Bill. The Environment, Food and Rural Affairs Committee of which I am a member published its report on dog control and welfare on 6 February 2013. In that report we recommended that all dog-related issues should be consolidated in a comprehensive Bill. This would pull together the fragmented legislation referring to dog control and welfare and allow us to amend the Dangerous Dogs Act 1991 where necessary.
Such consolidation is essential because there are yawning gaps in our legislation. Voluntary compliance with guidelines on responsible ownership has proved to be limited and slow, but that is not surprising as there are 8 million dogs in this country—a huge number. The vast majority are well cared-for, kept and controlled, but there are exceptions. Dangerous dogs have killed seven people, five of them children, since 2007. In my own constituency a small child had her eye savaged by a West Highland terrier, but more about that later because there are certain circumstances there which I want the Minister to cover when he responds to the debate. Dangerous dogs have attacked specially trained dogs for the blind, causing untold grief and difficulties—and let us not forget the postmen and postwomen who all too often are assaulted by animals as they deliver our mail.
Irresponsible dog breeders, driven only by greed, run puppy farms where a single bitch can legally produce up to five litters a year. That is not good for the welfare of the bitch or her litter. Subsequent failure to socialise these puppies properly has the potential to create more badly behaved and dangerous dogs.
Under the law as it stands, it has proved impossible to prosecute the owners of vicious dogs if the attack takes place on private property. In such cases it has also frequently proved difficult to prove ownership. The proposals in this Bill include many of the Committee’s recommendations on dog control and welfare, such as compulsory micro-chipping by 2016, stricter oversight of puppy farms, and extending dangerous dogs legislation to private property in clauses 98 and 99, and I wholly endorse them. The tougher sentences in the two amendments in question for those whose dogs attack, injure or kill people or guide dogs for the blind are also necessary and proportionate.
I have just one concern, which I ask the House to consider. If we legislate to allow enforcement agents on to private property to handle or destroy a dangerous dog after an attack, we are impinging on important rights to privacy in our own homes. While I—and, I am sure, the other members of the EFRA Committee—fully endorse the amendments to the current legislation, any new legislation must be careful to protect those rights.
I want to give an example from my constituency, and I hope that the Minister will listen to it, because I would be interested to hear his response. A couple and their
four-year-old daughter were invited to a party next door. It was a dog party, and there were several dogs—and several people—there. In the resulting mêlée of people wandering around and having tea, the couple lost sight of their daughter. Suddenly, they heard the most appalling noise. There had been some form of communication with a dog by the girl, but we do not know whether she had poked it in the eye or put her hand in its mouth. Whatever she had done, the dog—a West Highland terrier, which had done no harm at all up till then—responded by leaping up and latching on to the left side of her face. It would not let go, and caused horrific damage to her eye.
I ask the Minister’s guidance on this point. I assume that, under the proposed new law, the lady who owned the dog would face a criminal prosecution. If that is the case, the change in the law will provide a salutary warning to dog owners who keep their dog in their home, as many millions of people do. When the law is passed, they will have to be very careful what they do with their dog when inviting people into their house. I suspect that not many people have even considered the matter up to now. I have two dogs, and I do not think about whether they are going to attack anyone who comes into my house. From now on, however, I am going to have to think carefully. If a child comes into my house, I am going to have to think about whether my dogs could assault that child.
Obviously, it goes without saying that a dog owner must take responsibility for their dog, but I raise this question because I wonder whether the process of the law has been thought through by everyone outside this place. Can the Minister confirm that, if the new law had applied at the time of that incident, the lady in question would not have faced five years in jail, and that the judge would have considered all the facts of the case and perhaps recommended that the dog be put down, with the lady facing no further consequences? Will the Minister also tell us how and when the enforcers would go into the owner’s house in such a case? If a complaint was made, would they go in on the same night to remove the dog, informing the owner that it could either be put down or returned, depending on the result of the ensuing investigation? I ask the Minister to clarify those points if he can.
I assume that if the dog owner were someone with a bad reputation—let us be blunt: if they were well known to the police for breeding properly vicious dogs, rather than West Highland terriers, for ill-gotten gains—the enforcer would simply go into the house and take the appropriate action. That is exactly as it should be. Such a case would be very different from the one that I have described, in which a perfectly innocent lady was going about her business when an appalling accident happened. Yes, that accident could have been avoided if the dog had been locked up, and that is the point that I would like to have clarified. I welcome the Lords amendments to allow people who have dogs on private property to be reached by the law. That is incredibly important, but I would be most grateful if the Minister could comment on the example that I have raised.