Anti-social Behaviour, Crime and Policing Bill

Baroness Gale Excerpts

Tuesday 14th January 2014 Lords Chamber

Moved by

[Baroness Gale]

86A: Before Clause 98, insert the following new Clause—
“Dog control notice
(1) Where an authorised officer has reasonable cause to believe that a dog is not under sufficient control and requires greater control in any place, as a preventative measure to protect the public, the dog itself, or another protected animal, he or she may serve on the owner, and if different, person for the time being in charge of the dog a written control notice which—
(a) states that he or she is of that belief;(b) specifies the respects in which he or she believes the owner, and if different, the person for the time being in charge of the dog is failing to keep the dog under sufficient control;(c) specifies the steps he or she requires the owner, and if different, the person for the time being in charge of the dog to take in order to comply with the notice;(d) specifies the date by which the terms of the notice must be complied with; and(e) specifies the date that the notice expires which will not be for a period which exceeds six months.(2) In a control notice pursuant to subsection (1)(c) an authorised officer must require a dog to be microchipped (if not already done) and the owner, and if different, the person for the time being in charge of the dog, register the dog with a microchip database, and may require the following steps, where appropriate, but not limited to—
(a) keeping the dog muzzled as directed; (b) keeping the dog on a lead when in public or under control as directed;(c) requiring the owner, and if different, the person for the time being in charge of the dog, to seek and implement expert advice about training and behaviour for the dog;(d) having the dog neutered where appropriate; and(e) keeping the dog away from particular places or persons.(3) Failure to comply with the steps required in a control notice within the time period specified, to the satisfaction of the authorised officer may lead to a complaint to a magistrates’ court under section 2 of the Dogs Act 1871.
(4) The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner, and if different, the person for the time being in charge of a dog fails to comply with the steps required in a control notice within the time period specified in accordance with subsection (3) as they would apply if a dog was dangerous and not kept under proper control.
(5) An “authorised officer” is a person that has been appointed by the local authority or police for the purposes of this Act.
(6) A “protected animal” is one that is commonly domesticated in the British Islands, is under the control of man whether on a permanent or temporary basis, or is not living in a wild state.”

[Baroness Gale (Lab)]

My Lords, Amendment 86A has been tabled in my name and that of my noble friend Lady Donaghy, who is unfortunately unable to be here this evening. I spoke to a similar amendment in Committee and wish to raise the matter of dog control notices once again.

My main reason for doing so is that organisations involved in this field still feel very strongly that dog control notices, rather than what is proposed in the Bill, are the best way forward. Those organisations include the RSPCA, the Kennel Club, Battersea Dogs & Cats Home, the Dogs Trust and the Communication Workers Union, as well as individual campaigners, many of whom have suffered as a result of attacks by dogs and, in some cases, have seen their loved ones killed in dog attacks. They have consistently argued that community protection notices will not work as well as dog control notices and strongly feel that we need dog control notices rather than the community protection notices which the Government propose.

The Government believe that community protection notices will be sufficient to address a range of anti-social behaviour problems including dangerous dog attacks and the need to promote 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. The Bill states that CPNs will address issues of,

“a persistent or continuing nature”.

In practice, however, CPNs will be issued only after an attack has taken place and a written notice has been issued. A CPN requires that there be an existing complaint about a detrimental impact on a community’s quality of life, and it could involve a costly, painful and bureaucratic prosecution and investigation process for victims as well as for local councils.

Dog control notices directly target irresponsible ownership and will be pre-emptive. The preventive measures they contain address both repeat offenders and one-off attacks which affect individuals, not just communities, much earlier on. I believe that DCNs would be a better approach and the RSPCA’s statistics fully support that conclusion. In 2012 the RSPCA issued more than 12,000 informal advice notices—which in practice are similar to DCNs—in England and Wales. The compliance rate was 93%, an extremely high figure which was maintained at around that level for a number of years. The numbers show that DCNs not only work but work well.

In 2012, dog attacks cost the NHS more than £9.5 million. I said in Committee that 17 people have been killed by dogs since 2005, including nine children, but that figure has now increased and, sadly, 19 people have been killed. It is estimated that more than 200,000 people are attacked every year, with more than 6,000 injuries treated by the NHS in 2011-12. One in six of those attacks were on children under 10.

The issue of dog control cannot be dealt with under this catch-all policy. Many charities and organisations have spent much time and effort trying to educate the public about responsible dog ownership and many dog owners have responded to that. Most dog owners do their best to care not just for their dog but also about their dog’s behaviour. Owners must be held responsible for dogs that cause problems.

In Northern Ireland, the use of dog control orders in conjunction with dog licensing has been very successful. Has the Minister looked at how it works in Northern Ireland, and can we learn lessons from that experience? Can he say why he is so adamant on this point? He has listened to the campaigning organisations, but why has he failed to impress on them a belief that CPNs are better than DCNs? The individuals and organisations which have been campaigning are the experts in this area, and the individuals concerned have strong personal reasons for campaigning on it. If community protection notices rather than DCNs are included in the Bill, can the Minister say what sort of publicity and additional funding will be provided to ensure that we have the best possible outcome in reducing the number of dog attacks and safeguarding people against dog attacks in future? We are all aiming to achieve that objective in this Bill and the orders. I beg to move.

[Lord Redesdale (LD)]

My Lords, I feel a little torn, having read the amendment, because I would heartily support it. In fact, I proposed two Private Member’s Bills which set out many of the provisions in the amendment. I would support the amendment, but we are where we are, with the Government having proposed the legislation. I have been working with organisations such as the Dogs Trust, the Kennel Club, Blue Cross and others for four or five years now, so I know their commitment to dog control notices. I believe that the Government have taken on board a large number of the arguments put forward. The department should be commended for the amount of work it has done to listen and to propose amendments to deal with some of the concerns raised about the Bill as drafted.

The noble Baroness, Lady Gale, has a very good point. It would be wrong not to say that I think in my heart that dog control notices would be an excellent idea. However, I believe that the Bill will now go a great deal of the way to meeting many of the assessments that we set out. It sets out to defend assisted dogs for the blind. It sets out to deal with the issue of dog attacks in private residences. It sets out clearly in the guidance how the local authority should try to deal with many of the issues.

Obviously, this is a complicated piece of legislation and we are changing 11 other pieces of legislation to fit it in. I would have preferred a separate piece of legislation on dogs. However, that was met with hostility from all sides of the House when I raised it a number of times—

--- Later in debate ---

I hope I have demonstrated that this is not an area where legislation has been deficient. With the arrival of the community protection notice in the Bill that we are seeking to enact at present, we have an opportunity to ensure that responsible dog ownership is a feature of people undertaking the responsibility of having an animal in their care.

[Baroness Gale]

My Lords, I thank all noble Lords who have taken part in this short debate and the Minister for his reply. When I spoke to my amendment, my noble friend Lady Donaghy was not able to be here. I am very pleased to see that she is now in her place; I know that she supported the amendment. I also thank the noble Lord, Lord Redesdale, for his contribution. I agree with him that we need a separate piece of legislation on dogs, but we will not go down that road tonight. I also thank the noble Lord, Lord Trees, for his contribution on protected animals, and my noble friend Lady Smith for her contribution and her support on this matter. She spoke about the need for a review, and in his reply the Minister said that we could perhaps have a debate in a few years’ time. I am not quite sure whether he meant that that would be the review or that there will be a review and we can then debate it.

[Lord Taylor of Holbeach]

If I could just explain, there will be a review of all this legislation; we are committed to post-legislative scrutiny of this Bill. I am suggesting that if the House wished to focus particularly on dog issues, I am sure that would be considered a suitable subject for debate by the usual channels.

[Baroness Gale]

I thank the Minister for his reply. I am sure that we will have a debate on this matter. He said that he believed that the community protection notices would be as effective as, or even more effective than, the dog control notices. We all hope that they will be as effective as the Minister hopes they will be. It is good to know that the campaigning organisations will now be working with the Minister to improve the legislation and ensure that it works. With that, I think we made our case strongly. I am sorry the Minister was not able to accept it, but we want the new Bill and the community protection notice to work effectively. As we cannot have what we wanted, I ask the Minister to work with the organisations, and work together now, to make sure that it will work. I beg leave to withdraw the amendment.

Amendment 86A withdrawn.