My Lords, I rise to speak to Amendment 56MA, which has already been mentioned by my noble friend Lady Smith and I hope to elaborate on what she had to say.
The Minister will be aware that many organisations and individuals have campaigned for dog control notices, including the RSPCA, the Communication Workers Union, and individuals such as Dilwar Ali, whose six year-old son was badly injured when a dog attacked him in his garden, and the parents of Jade Lomas-Anderson, who was killed in an attack by dogs earlier this year. I had the privilege of meeting them recently when they gave Peers a briefing on why they feel so strongly about the necessity for dog control notices. I am sure that the Peers who were present will agree that the meeting with Jade’s parents was an emotional one. They are determined campaigners and they certainly convinced me that dog control notices should be implemented rather than community protection notices, which I know are the Government’s preference. Dilwar Ali is an equally passionate campaigner for dog control notices following the horrific attack on his six year-old son. The Minister will be aware that the Communication Workers Union has campaigned for dog control notices in order to have some level of protection for postmen and postwomen, thousands of whom are attacked by dogs as they deliver the mail.
The Government believe that community protection notices will be a sufficient measure when it comes to addressing a range of anti-social behaviour problems, including attacks by dangerous dogs, and promoting responsible dog ownership. The use of a CPN in
conjunction with an acceptable behaviour contract is meant to have a similar impact to issuing a dog control notice. However, it is clear that community protection notices are inadequate. Their shortcoming lies in their broad application. The Commons EFRA Select Committee concluded in February 2013 that many charities and organisations, including the RSPCA, the Kennel Club, Battersea Dogs and Cats Home, the Dogs Trust and the Communication Workers Union, have consistently argued that CPNs are too little too late and that they are not specific enough.
The Bill states that CPNs will address issues of a “persistent or continuing nature”. In practice, they will be issued only after an attack has taken place. Therefore, for a CPN to be issued, an existing complaint needs to have been made about a detrimental impact on the quality of life of the community, and it may mean a costly, painful and bureaucratic investigation and prosecution process for victims as much as for local councils.
A dog control notice would target irresponsible ownership directly and would be pre-emptive. That is vital when it comes to tackling dog-related incidents. Preventive measures address much earlier both repeat offenders and one-off attacks affecting individuals. We believe that the measures set out in our amendment are far superior to CPNs, as they are specifically aimed at dogs. The RSPCA’s statistics fully support this conclusion. In England and Wales in 2012 it issued 12,658 informal advice notices, which, in practice, are similar to DCNs. The compliance rate was 93%. That is a very high percentage and shows that these notices can work.
The Minister and noble Lords will be aware that in Northern Ireland the use of dog control orders in conjunction with dog licensing has been very successful. The presence of dog wardens employed full time by local authorities has also been very effective. Therefore, Northern Ireland has dog control orders, and Scotland has implemented them. The Welsh Government would have implemented them. However, the Minister will be aware that the Welsh Government withdrew their Bill in favour of the Wales and England legislation that we have before us today, although they do not believe that the Bill covers everything that their Bill would have done. I believe that they will have the right to come back to the Minister and that they are probably in discussion with him. Cardiff county councillors recently briefed me on the consultation which, because they are concerned about it, they have carried out regarding dangerous dogs in Cardiff.
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Since 2005, 13 children and seven adults have been killed by dogs, the latest only last month, when four year-old Lexi Hudson was killed by a dog. Although the introduction of longer maximum sentences and the extension of existing laws to private property are welcome, this amendment will go a step further. Dog control cannot be dealt with under this catch-all, umbrella—or, as some people have called it, the Christmas tree—policy. We believe that our amendment, which calls for dog control notices, is a much better way to deal with dangerous dogs. What the Government are proposing does not go far enough.
I ask the Minister to listen carefully to the argument put forward by the campaigning organisations, those who have suffered the loss of a loved one and those who have seen at first hand the effects of dogs attacking family members, causing very serious injuries. All of them want dog control notices. The British Veterinary Association wants them and the noble Lord, Lord Trees, who has great experience in this field, spoke in favour of them at Second Reading. Northern Ireland and Scotland have them and Wales wants them. There is so much evidence and support for dog control notices that the Minister must be aware of it.
I know that the Minister is a listening Minister; and the coalition Government have been known to change their minds, as recent events have shown. We would certainly welcome a change of mind on this matter, as we believe that it is the right thing to do.