My Lords, we have grouped these amendments together for ease of debate. I thought that it would be helpful to have one debate rather than several on a similar issue. So I am speaking to the amendments in my name and those of my noble friends Lord Rosser and Lady Gale. My noble friend’s amendment on dog control notices also has our full support. In moving my amendment, I will speak also to Amendments 56MA to 56MC.
The first step is to acknowledge the seriousness of the problem. Since 2009, nine children and seven adults have died as a result of attacks by dogs. In the three years to February 2013, 18,000 people were admitted to hospitals in England and Wales after dog attacks, and 23,000 postal workers have been attacked by dogs in the past six years. As Christmas approaches and we post our letters, we ought to think of the poor postal deliverers. Since April 2011, there have been 6,000 dog attacks on those who deliver our post. So it
is a serious problem and horrendous for those who have been involved, have been attacked or have witnessed attacks.
I appreciate that the Government are bringing legislation forward but I really think that there is a missed opportunity here. I referred to this last week when we discussed community protection orders. I am worried about the Government’s one-size-fits-all approach. Dog control notices were introduced to deal with a specific problem. I am not saying they are perfect. They needed updating and amending, but to replace gating orders, dog control orders and other forms of order with one community protection order does not give us confidence that the issue of dangerous dogs will be properly and effectively tackled.
Community protection notices are a reactive measure to deal with dog attacks. They can be slow to serve and they can be challenged in the courts, causing further delay. I support and welcome the Government’s proposals for increasing penalties, but prevention is better than penalty, and that is why our proposals include the dog control notice.
I read carefully what Ministers said in the other place. They seem wedded to their measures and confident that they will deal with the problem. I do not share that confidence. That brings me to Amendment 56MB, which requires the Secretary of State to review the,
“use of community protection notices in addressing dangerous dogs”.
The amendment specifies a review of the effectiveness of Government’s measures three years after they come into force and every three years after that. If the Government are confident that they will be successful—and I am sorry that I do not share the noble Lord’s confidence, although I wish I did—that review will be a way to assess their effectiveness or otherwise, whether action taken is adequate and whether further measures are needed.
This is a missed opportunity. As a first option, we support the amendment in the name of my noble friend Lady Gale introducing dog control notices. A dog control notice is specific to the problem. It is proportionate and targeted. It seeks to prevent attacks by dogs. “Prevent” is the key word. The dog control notice is a preventive measure to stop tragedies occurring, while the community protection notice reacts to a situation that has already occurred.
The measure enjoys widespread support. My noble friend Lady Gale will say more about this. In the Commons it received support from a number of government Back-Benchers, as well as a range of individuals and organisations, including those that deal with the welfare of dogs and those whose members are at risk from attack, as well as those that deal with the aftermath of attacks or try to prevent attacks. They include: the RSPCA; the Association of Chief Police Officers; the British Veterinary Association; Battersea Dogs & Cats Home; CWU, the postal workers’ union; Unison; the Kennel Club; the Police Federation; the National Dog Warden Association; and even the Environment, Food and Rural Affairs Committee in the other place. They all state that legislation should cover dog control notices, which would give power to the police and local councils
to ensure that owners are responsible and do what can be done to stop dogs attacking people and other animals.
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It seems to me—perhaps the Minister will enlighten me—that the only people who do not support dog control measures are the Government. The amendment has widespread support from all those who are most affected by, and concerned about, this issue. The noble Lord, Lord Trees, would have made my next point if he were able to be present. The dog control notice amendment that we have tabled refers specifically to attacks on other dogs and animals. I am sure the Minister recognises that that is also an important issue which is not specifically addressed by the Government’s proposals.
The noble Baroness, Lady Gale, made a very powerful speech at Second Reading. No one could fail to be moved by the plight of those who have been subjected to dog attacks and have been badly injured, maimed, suffered life-changing injuries or even died. I strongly believe that the Government should heed the wisdom of the many people who are in favour of this amendment and not stick to the somewhat tired, hackneyed argument that fewer orders mean less bureaucracy. There is real fear that, in setting their face against the overwhelming support for dog control notices, getting rid of dog control orders and moving towards what I think was described earlier as a holy grail of deregulation, they are weakening public protection, which is the key point here.
I turn to our other amendments in this group. One concerns a risk assessment of seized dogs. Obviously, we appreciate and understand that some dogs have to be seized for public safety, and sometimes for the dog’s own protection if there is immediate concern about its potential to attack a member of the public or another dog. In those cases, clearly the dog has to be seized, and local authorities and the police can seize dogs that they deem to be dangerous. However, concerns have been raised with us by organisations, including the RSPCA, that on occasion dogs are returned to their owners, or released from kennels, in not exactly tip-top condition; indeed, they are in a poorer condition than when they went in. Not only is that bad for the dog; it is extremely bad for the public purse if dogs are kept in kennels for longer than is necessary. Therefore, we suggest that within 48 hours of a dog being seized its behaviour should be properly assessed by suitably qualified people to determine whether it needs to remain in kennels and whether it is a prohibited breed of dog. This simple amendment seeks to improve the case management of seized dogs, thereby improving their condition and easing the burden on the public purse.
Our amendment 56MC proposes that joint guidance should be issued by Defra and the Home Office as this issue concerns both departments. That guidance would advise local authorities on how to use existing legislation to deal with dangerous dogs. I do not know whether the Minister has had the opportunity to review the guidance but it is pretty weighty. Not only is there the guidance itself, but annexes as well. Animal welfare organisations have repeatedly asked the Government
to reduce the length of the guidance. They have advised me that they do not consider it fit for purpose given that those involved in dog welfare cannot cope with it. We need to have concise, accurate guidance that organisations which need to access it can follow and implement easily.
In conclusion, the increase in dog-related deaths in recent years is extremely sad and worrying. These amendments seek to include effective, clear measures in legislation to deal specifically with the problems caused by dangerous dogs, as opposed to hoping that they can be mopped up in an order, the terms of which could be rather vague in their application to dangerous dogs. I hope that the Minister will look favourably on these amendments and consider, first, the issue of dog control notices. However, if there is no possibility of movement on that, the issue of review is extremely important. I beg to move.