Microchipping of Dogs (England) (Amendment) Regulations 2022

Lord Benyon Excerpts

Tuesday 25th January 2022 Grand Committee

Moved by

[Lord Benyon]

That the Grand Committee do consider the Microchipping of Dogs (England) (Amendment) Regulations 2022.

[The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, the purpose of this short and simple instrument is to extend the sunset clause contained in the Microchipping of Dogs (England) Regulations 2015 by two years, until 23 February 2024. Without this instrument, the 2015 regulations will cease to have effect as of 24 February this year. This extension will enable the 2015 regulations to remain in force until we introduce a new set of regulations later this year.

The primary policy objective of the 2015 regulations is to improve animal welfare by increasing the traceability of dogs. This facilitates lost dogs being quickly reunited with their keepers. The 2015 regulations made it compulsory for dogs in England over eight weeks of age to be microchipped, unless exempted by a veterinary surgeon. The dog’s details must also be registered on a compliant database. The regulations set out the requirements which these databases must adhere to, as well as setting standards relating both to the microchips and to microchip implanters. Finally, the regulations give enforcement powers to local authorities and the police.

Under Regulation 18 of the 2015 regulations, the Government must review the regulations within five years of them coming into force. I must apologise to your Lordships that due to pressures within the department created first by EU exit and then by the pandemic, this review was published only in December last year, alongside a Defra-commissioned research report from Nottingham University which informed the review.

The review clearly demonstrates that dog microchipping has had a positive effect on reunification rates of stray dogs with their keepers. Before the intention to introduce compulsory dog microchipping was first announced in 2012, around 70% of dogs were microchipped. In 2021, that number was close to 90%.

The Nottingham University research showed that compulsory microchipping has contributed to a reduction in the number of stray dogs taken in by local authorities. This in turn has led to more of those stray dogs being reunited with their keepers. Battersea Dogs and Cats Home reported last year that stray dogs that are microchipped and have up-to-date microchip records are more than twice as likely to be reunited with their keepers than stray dogs without a microchip.

The review concluded that the current legislation is seen as an important and necessary means to achieve improvements in dog welfare by increasing the traceability of dogs and their keepers. The review, however, also highlighted areas where improvements to the micro- chipping regime would be beneficial. In particular, improvements could be made to the operation of the database system, a point raised by the Pet Theft Taskforce, which published its report last September.

Since the 2015 regulations came into force, there has been an increase in the number of databases that hold dog microchip records. These databases offer a range of services and provide choice for dog owners, but key users, such as local authorities and vets, have expressed concerns that this has made it more difficult and time-consuming to find the keeper details linked to a dog’s microchip number. In addition, to help combat pet theft we want to strengthen processes of updating a microchip record when a dog moves to a new keeper.

We are committed to addressing these issues, because we want to give every dog the best possible opportunity of being reunited with its keeper if it gets lost. We are working at pace to deliver changes, starting with a consultation that we intend to launch in March this year, which will pave the way for introducing changes to the microchipping regime.

Your Lordships will be interested to note that we announced last December that we will introduce compulsory cat microchipping, which will fulfil a manifesto commitment. As the existing microchip database system will also hold cat microchip records, we want to ensure that the database issues have been addressed before expanding the regulations to include cats. This approach is supported by stakeholders.

Our intention is to introduce a new, single set of regulations by the end of the year, which will incorporate the changes to the 2015 regulations and add a new requirement for compulsory microchipping of cats. I beg to move.

[Baroness McIntosh of Pickering (Con)]

My Lords, I thank my noble friend for introducing the regulations extending the current regime and for highlighting what is to follow. He will be aware of the work that we did when I chaired the EFRA Committee, and I am delighted to see that that work has brought good effect. I also welcome the fact that the microchipping will be extended to cats, which implements the manifesto pledge to all cat owners and dog owners. It is very good news indeed.

I still believe that one of the best means of ensuring that prospective owners can ensure the safe birth of their puppies is for the bitch to be present at the point of sale, and I understood from our noble friend Lord Goldsmith that that is indeed the case. That, too, is very welcome. Undoubtedly, the regulations before us today, and the future regulations, have improved the animal welfare of the dogs that went missing and, as my noble friend has highlighted, have expedited the time when those dogs are reunited with their owners.

More specifically, will my noble friend tell us the timetable for the review, and not only when the regulations will come before the House but when they will take effect? I assume from his comments that the regulations that will replace the regulations before us today will take effect from the end of this year.

I record my thanks to the Battersea Dogs & Cats Home, which shared the briefing with me about the regulations, and I would like to raise some of the issues that arise from that briefing.

My noble friend referred to the databases. My understanding is that currently there are only minimum requirements for a database to be compliant. There is nothing clear or obvious to a consumer that it is compliant or not compliant, and I believe that the consultation announced by my noble friend today to be held this year would provide the opportunity for that to be revisited. Would my noble friend and the department consider enhancing stipulations about database companies, making it a requirement for them to implement more systematically the process of information checking and updating to ensure the accuracy of their records? My noble friend said that compliance with microchipping is at 90%, which is very welcome if that figure is correct. When microchipping was first introduced, my understanding was that it was at 50%, so we have come a long way since then and it would be nice to think that we could close the gap on the remaining 10%.

Will my noble friend assure us this afternoon that local authorities will have sufficient resources, and indeed a legal duty, to enforce the regulations? Am I right that, at the moment, there is currently no legal obligation on any statutory body to enforce them? Will the Government produce best-practice guidance for local authorities, taking the practices that work best and rolling them out to all local authorities in future, and will they consider introducing the power to issue a conditional fixed penalty for non-compliance that could be cancelled or reduced once the keepers have complied?

I have addressed the point that there are apparently only minimum requirements for a database to be compliant. What duty is there for the database owners or the keepers to ensure that the database is regularly updated? Do they have to enter the information only once, as my noble friend suggests? What obligation are they under if they move house or the dog is sold? Who is responsible for keeping the information on the database updated, and what is the timeframe for that to be entered?

I believe that the noble Lord, Lord Trees, will address all the points of relevance to veterinary surgeons, but an issue that is of concern to vets is that there should be single-portal access to the database to prevent vets, enforcement and rescuers having to search through multiple websites after scanning to find a record. That would have significant time and resource implications if that was the case.

--- Later in debate ---

Noble Lords may have seen press reports that the kept animals Bill is being paused, which is a matter of regret for us. Can the Minister shed any light on when we might see that Bill in the Lords, and is it indeed true that it has been stalled in the Commons, as press reports say? If the Minister could shed some light on the progress of that Bill, we would be very grateful. I look forward to his response on these issues.

[Lord Benyon (Con)]

I am grateful to all noble Lords for their contributions to this debate.

To tackle a point raised by a number of noble Lords about the sunset clause, despite there being a sunset clause in the 2015 regulations, they were never intended to fall away seven years after coming into force. The clause was intended to put a marker in the sand for a thorough review. Now that we have done that review it is only right that we address the findings before adding the requirement for the compulsory microchipping of cats, an approach supported by key stakeholders such as Cats Protection. I am grateful for noble Lords’ support today for that move.

On the 2015 regulations review, besides a need to make it easier for key users such as dog wardens or vets to access microchip details, the Pet Theft Taskforce recommended strengthening processes in the transfer of keepership. In addition, the post-implementation review of the 2015 regulations highlighted a need to consider how to deal with records being held on more than one database—I will come back to that in a minute —and suggested the inclusion of a number of new record requirements, such as rescue back-up information, as part of it. We plan to launch a consultation, as has been said, in March.

I will tackle the points that other noble Lords have raised. A number of concerns were raised, particularly by the noble Baroness, Lady Bakewell, about the impact assessment. The original impact assessment published alongside the 2015 regulations had assessed impacts over 10 years. The two-year extension of the regulations in this SI therefore falls within this already assessed period, meaning that no new impact assessment is needed. In addition, this SI does not introduce any policy changes. However, I assure the noble Baroness that there will be a new impact assessment for the new regulations. I think my noble friend Lady McIntosh also raised that point.

The noble Baroness, Lady Bakewell, also raised a point about the Nottingham University report. Defra commissioned the university to review the effectiveness of the compulsory dog microchipping policy in England and to provide views about compulsory cat microchipping. Compulsory dog microchipping, as I have said, has contributed to the reduction in the number of stray dogs handled by local authorities and an increased reunification rate for lost dogs. The research also demonstrated support for the introduction of cat micro- chipping.

The report makes a number of recommendations on how to make compulsory microchipping more effective, notably by increasing public awareness and improving the ease of navigation of the microchip databases. We will factor these recommendations in to the public consultation on proposed changes to the current dog microchipping regulations. We aim to launch the consultation, as I have said, in March. I will make sure that we send the noble Baroness the link so that she can see the University of Nottingham report.

Noble Lords asked about the legal provisions on microchipping. Since 6 April 2016, it has been a requirement for dogs in England to be microchipped. Puppies over the age of eight weeks must be registered on one of the compliant databases. That answers my noble friend’s question in part. There is a devolved issue here; Scotland, Wales and Northern Ireland also have mandatory microchipping requirements, and we are working with those Administrations to make sure that there is seamlessness across the United Kingdom. The databases are run by private companies, not by the Government or local councils. Dog owners are also required to keep their pet’s details up to date on these databases.

It was asked how we know on which database a microchip is registered. As has been pointed out, there are currently a plethora—I think that was the word the noble Baroness used—of them. Seventeen separate databases hold themselves out as compliant with the Microchipping of Dogs (England) Regulations 2015. If anyone wishes to find out which database a specific microchip is registered on, they need only enter the individual microchip number on a look-up facility, which is accessible from the Government’s website. It is also available from any compliant database’s website.

The noble Lord, Lord Trees, asked whether we would migrate on to a single database. We consider that significant improvements can be made to the operation of the existing microchipping databases. We are exploring the possibility of creating a single point of access for key users to compliant databases. Database operators are commercial enterprises which offer a range of services and provide choice for pet owners. However, we are confident that improvements can be made to the current regime, and these will be considered as part of our consultation that starts in March.

I was asked what we are doing to stop non-compliant databases advertising to dog owners. Clearly, that is a very regrettable situation when it occurs. The Government are aware that there are databases which are not compliant. Dog owners registering their animal’s details on one of these databases are not meeting the mandatory requirements. We are discussing this with trading standards as well as with a leading internet search facility to explore how to combat the issue of non-compliant databases advertising to dog owners. A list of compliant databases can be found on the GOV.UK website.

Questions were asked about the quality standards for microchips. Under the Microchipping of Dogs (England) Regulations 2015, they must have a unique number which includes the manufacturer’s code and be compliant with the ISO standard. The noble Lord, Lord Trees, talked about foreign imports and dogs coming from abroad. In the UK and the European Union microchips must be compliant with international—ISO—standards. The unique number on an ISO-compliant microchip identifies the manufacturer.

As I say, microchipping policy is devolved, so all Administrations have their own regulations governing the microchipping of dogs. The consultation which asked for views on compulsory cat microchipping and potential scanning reform focused only on England. However, we are talking to the devolved Administrations.

A dog should be registered on only one database. This is fundamental; we are considering making a change on this and will include that in our consultation.

A question was asked about whether different databases are compliant with the regulations and talking to each other effectively. Each compliant database is operated as a stand-alone, commercial entity. Under the regulations, compliant databases must have processes in place to enable anyone to find out which database any microchip is registered on. We will consult further on this.

Issues have been raised by some stakeholders concerning Europetnet. The Microchipping of Dogs (England) Regulations 2015 apply to England only. It is not a legal requirement for database companies to be registered with Europetnet, which is a European-wide central host of microchip details.

I was asked whether we will make it mandatory for all dogs with a foreign microchip to be registered on a compliant database as part of—I presume the noble Lord means—customs clearance or importation. The Microchipping of Dogs (England) Regulations already require a keeper to microchip and register their dog on a compliant database within 30 days of importation.

My noble friend Lady McIntosh wanted more details about the timings. We think that we will be able to do this by the end of the year. I am very conscious of the noble Baroness; I do not want to have to come here and say that that date has moved, but we hope that it will not. There is a role for the LGA on this—it can help local authorities by reducing costs through effective management of this issue.

The noble Baroness, Lady Bakewell, asked about pet theft, which also relates to the point raised by the noble Baroness, Lady Jones, on the Animal Welfare (Kept Animals) Bill. I know of no delays to that Bill. I suggest that the noble Baroness does not believe everything she reads. If there are any changes to it, of course there is great pressure on parliamentary time, but I feel sure that she will get her moment to scrutinise that piece of legislation very soon.

The noble Lord, Lord Trees, referred to a code of practice. We recognise that we need to consider how databases are meeting the requirement, and we will consider a code of practice when we consider the responses to the consultation.

I think I have responded to most of the questions. If any noble Lord feels that I have not responded to theirs, this is a final moment to raise it.

[Baroness McIntosh of Pickering (Con)]

I am almost certain that my noble friend has responded to this point, but could he confirm that he said that if someone were to go to the GOV.UK website, it would show where the microchip was registered? That would satisfy my query about having a single portal. Has he also addressed how the Government intend to tackle the issue of dogs with microchips from France and other countries and the foreign disease risk that they represent?

[Lord Benyon (Con)]

That is a very good point. It was raised by the noble Lord, Lord Trees, and is very much in my mind as we tackle a range of new diseases coming to this country, particularly, unfortunately, with the recent importation of dogs from Afghanistan. We were told that these dogs were healthy, but it turned out that a number of them had very serious diseases, including Brucella canis, which we really want to keep out of this country.

We are constantly alert to the need for new disease provisions. Our biosecurity in this country is fundamental. Our new border control posts, particularly on the short straits, will soon come online, and this will be an opportunity to work with Border Force to make sure that we identify where risks occur. The rules on the importation of animals, particularly to tackle the scourge of puppy farming and the bringing in of large numbers of dogs for illegal trade in this country, are one of the provisions of the Animal Welfare (Kept Animals) Bill that we want to see brought online.

[Lord Trees (CB)]

I am grateful to hear that there will perhaps be codes of practice for the database operators. With regard to whether they are doing what they are meant to do, I specifically asked how many times the Secretary of State has served a notice on them to check that they are doing what they are meant to be doing. Perhaps the noble Lord can answer that question.

[Lord Benyon (Con)]

I am not aware of that, although I might just have received some inspiration. No, I have not. If the noble Lord will allow me, I will drop him a line.

I am not sure of the exact nature of the page on the government website and what guidance it gives dog owners, but I will check and give my noble friend any information I can.

With that, I hope that I have covered all the points raised.

Motion agreed.