Animal Welfare (Electronic Collars) (England) Regulations 2023

Debate between Lord Benyon and Lord Jones

Tuesday 13th June 2023 Grand Committee

[The Minister of State, Department for Environment, Food and Rural Affairs (Lord Benyon) (Con)]

My Lords, these draft regulations were laid before the House on 27 April. The purpose of the instrument is to promote the welfare of cats and dogs by prohibiting the use of electronic collars capable of emitting an electric current when activated by a handheld device. As noble Lords will be aware, animal welfare is a devolved issue. Therefore, these regulations apply to England only.

These collars are sometimes described as electric shock collars or e-collars. The instrument will make it an offence for a person to attach, or cause the attachment of, an e-collar to a cat or a dog. It will also make it an offence for a person responsible for a cat or dog that is wearing an e-collar to be in possession of a remote control device designed or adapted for activating the collar. This proportionate and targeted ban will not prevent the continued use of other electronic collars which are not associated with such harm and abuse. These include those that emit a vibration or a spray, as well as invisible fencing or containment systems.

This instrument fulfils a commitment given by the Government in response to their 2018 consultation on electronic training collars for cats and dogs in England. This commitment was reiterated in Defra’s 2021 action plan for animal welfare. Concerns about the capacity for e-collars to cause harm to cats and dogs have consistently been raised with the Government. In response, Defra commissioned research to understand the effect of these devices on the welfare of domestic dogs. The research showed that many owners do not read the manufacturer’s instructions prior to use. It also showed that e-collars have a negative impact on the welfare of some dogs, even when used in compliance with the manufacturer’s instructions. E-collars may also redirect aggression or generate anxiety-based behaviour, worsening underlying problems.

In developing these regulations, we have listened carefully to a range of views from pet owners and respondents and have consulted key organisations, including animal welfare and dog owning organisations, veterinary organisations, e-collar manufacturers, dog trainers and behaviourists. We engaged with both those who support the use of e-collars and those who do not.

I am aware of concerns raised by some colleagues regarding the implications of these regulations on livestock worrying. I assure noble Lords that very careful consideration was given to this matter. My officials liaised closely with the National Police Chiefs’ Council lead on livestock worrying, and with several English police forces, as well as police from Wales. They noted that the vast majority of livestock worrying cases involve dogs that have escaped from the premises on which they are kept without their owners knowing. These are cases that hand-controlled e-collars could not have prevented. We therefore maintain that owners keeping dogs in secure premises and ensuring that they are kept on leads when walked in close proximity to livestock is the most effective line of defence against dog attacks of this nature.

We have also considered the impacts of the ban under the Equality Act 2010. Most people who reported having a protected characteristic, when responding to the 2018 consultation or writing to the department since, noted that they relied on the vibration function of e-collars, so the impact of the ban on people with a protected characteristic will be minimal.

We consider that this instrument is an appropriate and measured response to the welfare concerns raised and to the outcomes of the Defra-commissioned research and public consultation. The Scottish Animal Welfare Commission has also recently conducted its own review. It concluded that e-collars should be banned for any training purpose. The same conclusion was reached by other nations that have already banned the use of these devices, including Wales, Austria and Germany. However, the instrument will allow His Majesty’s Armed Forces to continue to use e-collars controlled by handheld devices where this is needed for national security reasons. The Government recognise that some pet owners and trainers have been using e-collars for some time. This means that they will need time to retrain their pets to respond to alternative training methods and devices. For this reason, we have built in a transition period until 1 February next year, when the ban will come into force. I beg to move.

[Lord Jones (Lab)]

My Lords, I thank the Minister for his introduction. I acknowledge his confident sign- posting of where the regulation takes us. It is clearly a very welcome regulation; there are millions of cat and dog owners who are hugely fond of their pets and will, no doubt, greet the mention of electronic collars with quite some repugnance. The Minister can be congratulated on his regulation, which will surely be wholeheartedly greeted with no little relief by many pet owners.

The regulations are securely rooted in the Animal Welfare Act 2006—perhaps a landmark Act of its kind. We should thank the department for them. As a dog lover, and a dog owner at one time, I recollect our late dog: a black lab, named Sweep. He was a failed gun- dog and, for sure, he had neither courage nor aggression. When we were burgled, I rather think he was the welcoming group for that misdemeanour.

I have only a few brief questions. Mainly as a point of principle and for the record, will the Minister expand a little on paragraphs 4.1 and 4.2 of the Explanatory Memorandum? How did he or his department consult the Senedd? It is a trifle delphic. It is not sophistry, of course, but perhaps he might expand on those paragraphs a little.

Further, paragraph 7.13 refers to His Majesty’s Armed Forces. How will this operate? In what circumstances does the Minister envisage paragraph 7.13 operating? One might presume that an MoD dog with an electronic collar would be very obedient and might even, if it is doing its work, in some circumstances cease to worry a trespasser. One does not know, so perhaps the Minister could indicate how that might work.

Paragraph 10.4 of the Explanatory Memorandum is about consultation. Can the Minister give a brief summary—a précis—of those involved? Maybe they are well-known national organisations, and it may come easily to his memory whom he or his department consulted. Again, I congratulate him on the regulations and a helpful Explanatory Memorandum.