Dangerous Dogs Act: Staffordshire Bull Terriers

(Limited Text - Ministerial Extracts only)

Monday 16th July 2018 Westminster Hall

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

It is a pleasure to serve under your chairmanship, Mr Walker. I congratulate the hon. Member for Warrington North (Helen Jones) on the way she introduced the debate. The petition has attracted more than 160,000 signatures, which shows how strongly people feel about this issue. I understand that the petition was a reaction to a submission made by PETA to the ongoing inquiry on dangerous dogs by the EFRA Committee. Today, we have heard a number of quite powerful and detailed speeches, including from my hon. Friend the Member for Stafford (Jeremy Lefroy), who, appropriately, stood up for this breed, which hails from his part of the world. I, too, was very interested to hear the history of the Staffordshire bull terrier as a mascot for the Staffordshire Regiment and the fascinating story of the genesis of that.

I am sure that all hon. Members, including my hon. Friend the Member for Stafford and my hon. Friend the Member for Romford (Andrew Rosindell), who also gave a personal account of his love of this breed, will be pleased to know that the Government have no plans at all to add Staffordshire bull terriers, or any other type of dog, to the list of prohibited dogs. Staffordshire bull terriers are a popular breed in this country and have shown themselves to be a good family pet. Like any dog, they should be socialised at an early age and be properly trained to avoid behavioural problems, but for anyone thinking of taking on a dog, there is no reason why a Staffordshire bull terrier should not be considered. My noble Friend Lord Gardiner, who leads on this policy area, has given evidence to the EFRA Committee and confirmed that there is no intention to add further types of dog to the prohibited list.

The hon. Member for Kilmarnock and Loudoun (Alan Brown) suggested that it was disappointing that I am responding to the debate by virtue of the fact that the Minister responsible is a Lords Minister, but let me reassure him that I have been around DEFRA long enough to have had to go in to bat on most issues—indeed, I was the Minister responsible for companion animals and looked closely at this issue for about two years, and I will return to that point.

It should be noted that the Dangerous Dogs Act 1991 is not just about banned breeds. Section 3 makes it an offence to allow any dog to be dangerously out of control. That is the case for all dogs, regardless of breed or type. There are also other preventive measures, which I will mention later, that are applicable to all types of dog.

As the hon. Member for Warrington North and others pointed out, the genesis of the 1991 Act was as a reaction to a series of serious dog attacks at that time. The Act prohibits four types of fighting dog—types traditionally used for dog fighting—and those are the pit bull terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro. Of the four types, the pit bull terrier was by far the most popular. Indeed, pit bulls had been associated with a number of serious attacks on people, and it was decided to take action against their ownership. The other three types of dog were added primarily because it was considered that, having been identified as either fighting types or as sharing the characteristics of fighting dogs, they should be prohibited to prevent people from turning to them instead of the pit bull terrier. However, I am told that we have very few of the other three types in this country and none of the Fila Brasileiro type.

Adding dogs to the list of prohibited types would need to be done on the basis of proportionate risk of harm to people. Under the Act, it is an offence to breed from, sell or exchange the four breeds of dog. That approach is supported by the police. It should be noted—perhaps not enough people are aware of this—that the courts can already allow owners to keep prohibited dogs if they are not a danger to public safety. Account must be taken of the dog’s temperament and whether the intended keeper, who must have had substantial prior responsibility for the dog, is a fit and proper person, with premises suitable for the dog.

Those dogs are placed on the index of exempted dogs, which is managed by DEFRA. Currently, about 3,100 dogs are on the exempt list. They are predominantly pit bull terriers, but there are also about 10 Japanese Tosas and three of the Dogo Argentino type. For a dog to go on the index, certain conditions have to be met. The dog must be neutered. The owner has to maintain annual insurance against their dog injuring third parties. The owner has to pay an initial fee of £92.40. Dogs on the list also have to be microchipped, muzzled and on a lead in public, and they must be in the charge of someone who is at least 16 years old.

It should be noted that, when the provisions were initially brought forward in 1991, they were largely considered to be transitional arrangements. The idea was that dogs that existed in 1991 could remain on the exempt list for the rest of their lives, but those of us who are familiar with dogs and the lifespan of a typical dog will be aware that none of the dogs on the list today was alive in 1991; they are exclusively dogs that have been born since. The Government have chosen to keep that option as a way of managing this situation and enabling people to remain with their dog where it is appropriate to do so and where the courts judge that it is safe to do so.

As I said, in addition to the restrictions on certain fighting dogs, it is an offence under section 3 of the Act to allow any dog to be dangerously out of control. There are severe penalties for allowing a dog to be dangerously out of control; indeed, we increased the penalties in 2014 to three years for allowing a dog to attack an assistance dog, five years if a dog injures someone and 14 years if a dog kills someone.

A number of hon. Members have talked about “deed not breed”. I am well aware of that campaign, which is being run by a number of animal welfare charities. I understand the superficial attraction of that approach, but let me talk about the evidence that supports the Government’s position. We consider the prohibition on the four banned breeds to be a valuable tool in the battle against irresponsible ownership of dogs.

The prohibition on the pit bull terrier is supported by the Metropolitan police’s own figures, which show that in 2015-16, over 19% of dogs involved in reported attacks were pit bulls. That is quite extraordinary, given that this is a banned and illegal breed. Despite that fact and despite the fact that dogs on the exempt list must be muzzled in public, that breed still accounts for almost 20% of all reported attacks. We know also that pit bulls have been involved in seven of the 31 fatal attacks that have occurred since 2005. That is highly disproportionate for one type of dog that is banned, and it underlines the need to be cautious about change in this area. My hon. Friend the Member for Tiverton and Honiton (Neil Parish) acknowledged that, saying that to remove the restrictions would be a difficult decision for any Minister to take, knowing that, even with the ban, this breed of dog is responsible for so many attacks and that a subsequent increase in attacks may be inevitable. The issue is not just the reputational damage that a Minister might suffer, but that they would have to carry on their conscience attacks, injuries and deaths that might have been avoidable had a more cautious approach been taken.

[Gavin Robinson]

The Minister is making a good point, but is there a direct correlation between the attacks he outlined and dogs that are on the register? My fear is that the irresponsible owners of dogs that carry out attacks are not complying with the law, not muzzling their dog in public, and not part of an official register. They are outside the law and the deterrents are simply not strong enough.

[George Eustice]

The hon. Gentleman makes an important point. There are instances of attacks by dogs that are on the list, but were not muzzled in public, for example. I was aware during my time of pet dogs that were killed because people had failed to muzzle in public dogs that were on the exempt list. It is also the case, however, that the vast majority of attacks are carried out by dogs that are outside the system altogether. I do not think that gets us much further forward, because at the moment a dog that is not on the list is held illegally, and if the police come across that dog, they are able to get an order to have that dog destroyed.

[Gavin Robinson]

That is why we need robust sentencing and actual deterrence. A notorious family in my constituency of East Belfast has been before the courts on a number of occasions and convicted of dog fighting. The Chair of the Environment, Food and Rural Affairs Committee referred to this. They were convicted of dog fighting, badger baiting, stealing domestic cats to blood their dogs, having treadmills to train and strengthen their dogs, and using their dogs against live badgers, foxes and deer, to train them. All four members of the family were convicted and received a suspended sentence.

[George Eustice]

I very much agree with the hon. Gentleman. It is because of atrocious cases of the sort that he has described that I have always wanted the maximum sentence for the most egregious cruelty to animals to be raised. It is now Government policy to increase the maximum penalty to five years. We have always had in mind that activities such as dog fighting would be one of the key targets for that maximum penalty.

My hon. Friend the Member for Tiverton and Honiton and others talked about Battersea Dogs & Cats Home. Back in 2011—long before my hon. Friend’s recent visit—I went there with him as a member of the Environment, Food and Rural Affairs Committee. There was a similar case of a pit bull that had to be destroyed when the officers at Battersea thought that that animal could have been rehomed. I visited Battersea again about three years ago, when I held this portfolio, to discuss the matter with them. From memory, about 27 pit bulls had come in that year, all of which had to be destroyed under the current legislation, and more than 300 other dogs had come in, a significant proportion of which were judged to be not suitable for rehoming and also had to be destroyed. Given what we know about the breed, how often would a charity actually have the confidence to rehome a pit bull with a family? My hon. Friend said the science is not precise, and there is some truth in that, but there are police officers who are trained in typing, have expertise in this area and are actually quite good at ascertaining when a dog is a banned breed, particularly when it is a pit bull.

This is not the only area where we have what one might call breed-specific legislation. In the provisions around public rights of way, there are restrictions on farmers from having dairy breeds of cattle on a footpath at certain times of the year, because dairy breeds are judged to be more aggressive and more likely to attack people than beef breeds. We know that there is a link between the behaviour and temperament of cattle and breed. In my part of the world, we have breeds such as the South Devon, which is a very laid-back, west country breed, which is calm and docile. In Scotland, they have the Aberdeen Angus, which is a slightly more feisty animal. On the continent, there are some more unpredictable breeds.

There are other powers available to the police and local authorities to deal with this issue; the Dangerous Dogs Act is not the only resort. Both have the power to tackle antisocial behaviour with dogs and to intervene early to prevent a minor incident escalating into something more serious. For example, the Anti-social Behaviour, Crime and Policing Act 2014 introduced a range of measures to tackle antisocial behaviour, including that which involves dogs. This includes community protection notices, which aim to prevent unreasonable behaviour that is having a negative impact on the quality of life of the local community. These are being used to good effect by police and local authorities across England and Wales.

[Paul Girvan (South Antrim) (DUP)]

Many people report incidents, thinking they are acting in the best interest. The reaction, therefore, will be that a police officer or a council official will be asked to go along and lift a dog from a family home, because it has been identified as being a Staffordshire bull terrier. It might only be a very good family pet, but if some well-meaning individual in the community decides to do that, an officer will have to go in and identify whether it is a Staffordshire bull terrier. We have had the same legislation in Northern Ireland associated with American pit bulls and we have had all sorts of problems identifying what breed a dog is. I am a great believer in deed not breed. We should stop hounding those who have good pets that are not creating a problem, but deal with the ones that do.

[George Eustice]

To reiterate what I said earlier, the Government have no plans at all to add the Staffordshire bull terrier to the prohibited list. We have been clear about that in response to the e-petition. We have trained police officers who are skilled in identifying the breed and type of dogs, in particular the pit bull terrier, which is the main banned breed that we are concerned with.

In addition to the community protection notices, many forces use non-statutory letters and notices. Those can come in the form of “coming to notice” warning letters and voluntary acceptable behaviour contracts. The notices are simple to use and remove the need for a statutory notice or prosecution. The Government are also committed to public safety and to tackling dangerous dogs through communication and education. Co-operation between the police and local authorities is vital. That is why we have endorsed initiatives such as LEAD—the local environmental awareness on dogs scheme—which encourages the police and local authorities to co-operate and share information when there has been a minor incident, and to provide advice to the dog owner on dog control issues to improve public safety. We also support an increase in awareness at all levels of society, as the hon. Member for Workington (Sue Hayman) highlighted. We are aware that many police forces and welfare charities, such as the Dogs Trust, visit schools to help to raise awareness of responsible dog ownership, and we fully endorse that work.

As several hon. Members pointed out, we need to do more to ensure that dogs are properly socialised, whatever their breed. We have done a lot to tackle the online trading of dogs through our work with the pet advertising advisory group. Dogs that are advertised and sold online have often not been socialised or raised properly. We have also introduced new requirements on pet breeding, particularly dog breeding, and on the sale of dogs to tighten up the licensing regime for people who breed and sell puppies as pets.

We have had a good and thoughtful debate on this contentious issue. I do not pretend that the legislation is perfect, and I understand that some people consider elements of it arbitrary, but for the reasons that I have given, the Government do not believe there is a case for changing the legislation at this time. We believe that we can deal with some of those exceptional circumstances through the exempted index.

[Andrew Rosindell]

I thank the Minister for the assurance that Staffordshire bull terriers will not be added to that list, which will come as a great relief to Staffordshire bull terrier owners across the country. People like me who have owned Staffordshires know that they are fantastic, great British dogs that are not a danger to the general public.

The Minister says that he does not intend to change the legislation, but will he at least consider reviewing it to create a cross-party discussion about how we can move forward? The legislation is flawed, and if the Government say that it will never change, that will condemn many innocent dogs to death unnecessarily for a long time to come, which would be wrong.

[George Eustice]

I had thought we were going to finish on a note of consensus. We can all agree that the Staffordshire bull terrier should not be put on the banned list. The Government have been clear about that.

On my hon. Friend’s final point, the Government are not persuaded at the moment that there is a case for change. I discuss the issue regularly with Lord Gardiner and, as I said, it is complex. We recognise some of the arguments against the current provisions, but we also recognise the risks of deviating from the rules and laws that we have in place.