Dog Control Bill [HL] Debate

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Dog Control Bill [HL]

Lord De Mauley Excerpts
Friday 4th March 2011

(13 years, 9 months ago)

Lords Chamber
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Lord Grantchester Portrait Lord Grantchester
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My Lords, I pay tribute to the noble Lord, Lord Redesdale, for his constant championing of a better control regime for dogs over many years. He has worked tirelessly with all the organisations in this area and has brought forward this Bill in conjunction with the Dangerous Dogs Act Study Group, which consists of nine high-profile organisations including the Dogs Trust, the Kennel Club, Battersea Dogs & Cats Home, Blue Cross, the BVA and many others.

While it is appreciated that private Members’ business will often proceed at an extremely gentle pace, I remind noble Lords that the Second Reading of this Bill occurred on Friday 9 July 2010. The Bill was scheduled to have its Committee stage on Friday 21 January, but, unfortunately, that day became filled with other business. We on this side of the House wished to take this Bill on that date, and our amendments were not intended to wreck the Bill. They were, as are appropriate to Committee on a Bill such as this, probing amendments to trigger debate. They should not be described as wrecking. Furthermore, most of the amendments were from the author of the Bill.

That the noble Lord, Lord Redesdale, said what he did on that day has been taken extremely seriously, especially as we have tried over many days to meet him. We spoke with his office and left several messages, including yesterday, but no response has been received. I should like the noble Lord to withdraw his remarks when he comes to reply.

We have asked for our amendments to be grouped with this stand-part debate to present our approach to the Bill. We share the noble Lord’s concerns that dog control legislation is not working effectively. We understand the anxieties of the public as each week brings further reports of dog attacks. Several consultations on dog control have been undertaken in the recent past. The most recent consultation was conducted from 9 March to 1 June 2010, which was one month prior to Second Reading. We are now 10 months on without the Government coming to Parliament to say how they wish to proceed.

It is important that everyone works together to agree and support the best way forward. I have commended the noble Lord, Lord Redesdale, for his work with the Dangerous Dogs Act Study Group. Unfortunately, the results of the consultation reveal that the police and the Royal Society for the Prevention of Cruelty to Animals are not united behind his Bill. In its submission, the RSPCA has said that the Bill is “fundamentally flawed”. It stated:

“We believe updating and consolidation of the law is long-overdue. However, this Bill is unlikely to improve the situation and we are extremely concerned it may actually make matters worse”.

Those are strong words.

What is the response of the noble Lord, Lord Redesdale, and his group to these remarks? Does he agree that the best way forward is one that can be supported by all the enforcement and animal welfare organisations? Will he await the outcome of this consultation? Will the Minister convene a meeting with all interested parties to find the best way forward?

How the Government respond to this situation is crucial and needs to be carefully considered alongside the Bill. We understand that the Government wish to review the workings of the anti-social behaviour orders and that they might bring elements of dog control into those new arrangements. We would like the Minister to explain the thinking in his reply. What cross-government discussions have there been with other interested departments such as the Home Office? We note that the Permanent Secretary, Dame Helen Ghosh, has recently transferred to the Home Office. Will the noble Lord and the Minister advise us on any discussions that have taken place?

We have tabled Amendments 19 and 20 to underline to the Minister and the Government that they must engage and contribute in bringing forward improvements to dog control.

Lord De Mauley Portrait Lord De Mauley
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My Lords, perhaps I may say at the outset that, like the noble Lord, Lord Grantchester, I am grateful to my noble friend Lord Redesdale for drawing our attention to the need for the proper control of dogs through this Bill and for the considerable amount of time and effort that he and others have put into it. He will be aware from the speech made by my noble friend Lord Henley at Second Reading that the Government are unable to support it. I can, however, assure him that the Government are concerned about dangerous dogs, are well aware of public concern and are very keen to promote responsible pet ownership.

As the noble Lord, Lord Grantchester, said, the previous Government launched a public consultation exercise on dangerous dogs legislation last year. I can assure noble Lords that we are firmly committed to taking forward the issues raised in that exercise. We have received more than 4,000 responses from a wide range of individuals and organisations.

We are currently considering all the comments received and are discussing the issues raised with the relevant people. They are complex issues and we need to consider our approach very carefully. It is very important that we make the right decisions, but we hope to make an announcement on the Government’s proposed way forward shortly. I can inform your Lordships that we are considering a number of different options, which range from legislative changes to guidance and working with local authorities and the police at a local level.

We are also working with other government departments—in particular with the Home Office and the Department for Communities and Local Government—on other initiatives that affect dogs. For example, we have been working with the Home Office on its current public consultation exercise on tackling anti-social behaviour, in which dogs are regrettably often involved.

We are keen to ensure that departments are working together properly to deal with this important and complex issue. I hope the noble Lord will accept that it would not be right for the Government to give this Bill their support at this stage, although, as I said, we are grateful to my noble friend for his work on the Bill and to other noble Lords for their contributions to the debate.

Lord Davies of Oldham Portrait Lord Davies of Oldham
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My Lords, before the noble Lord, Lord Redesdale, has a chance to respond to this clause stand part debate, I was on the opposition Front Bench when we discussed a Bill concerned with marine matters. The noble Lord, Lord Redesdale, was critical of the Opposition for what he considered were wrecking amendments to his Bill. I was not able to respond to that because, interested as I am in the control of dangerous dogs—I have some sympathy with the noble Lord and his Bill, and we have discussed these issues in the past—I was not at all briefed at that stage because we were dealing with other matters. Consequently, I was obliged to accept what the noble Lord said in his criticism of the Opposition. I checked it out immediately, of course, and I considered his comments to be completely and totally unjustified. I hope, therefore, that the noble Lord will today withdraw the position that he adopted on that day.

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Lord Richard Portrait Lord Richard
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My Lords, before we leave Committee, I have a simple thing to say. The noble Lord will have realised from his experiences at Second Reading and the consultations that he has had—and, indeed, from this Committee—that this is an extraordinarily complex and rather technical matter. I have restrained myself in terms of the drafting of the Bill with, I am bound to say, commendable zeal in the past half hour or so. I wonder whether the Government should not perhaps take this issue over, look at it, and produce their own legislation. The matter needs to be dealt with. I am not sure that the Bill is an appropriate way of doing so.

Lord De Mauley Portrait Lord De Mauley
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My Lords, I think my words in the clause stand part debate at the outset of the Committee were very clear on that point.

Lord Redesdale Portrait Lord Redesdale
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My Lords, I echo the words of the noble Lord, Lord Richard. It would be excellent if the Government took over this legislation and moved forward with it; that would be the answer to my dreams. The noble Lord will know that this is a very complicated area. Some of the questions that have been raised over the drafting are due to its complex nature. This has not just been thrown together. It has been worked on by a large number of people. Sometimes the intent of the words is the result of an enormous amount of debate on extremely emotive issues.

No piece of dogs legislation would be perfect. Nobody is going to be happy. I have noticed this from the large number of letters that I have now received, including “My dog should be allowed to bite anybody who comes anywhere near my property” and across the board. This has been an extremely difficult issue to work on.

The noble Lord has given me an opportunity to sum up briefly before the Bill goes forward. This area needs to be addressed. I quite understand that there are difficulties with the legislation. The former Government undertook a review, and the present Government are looking at the review. It would be irresponsible not to deal with this issue considering that the number of dog attacks has risen year on year, and that the number of children killed by dogs which fall into a category that did not exist 20 years ago has increased year on year.

The purpose is not just to bring another piece of legislation before the House and Parliament. This issue affects people around the country, day by day. I have known from the letters I have received, some of which are quite harrowing, how people’s lives can be ruined by the fact that somebody else has a dog of which they are terrified, such as old people who are terrified of going out to the shops in case they meet dogs of this nature. That situation has to be addressed.

The whole purpose of this legislation is not against dogs. I have owned dogs in the past. I do not own one at the moment; my children are desperate for us to own one in the future. I am keen on dogs being owned responsibly. However, there are two problems. First, there is a group of people who are causing a problem in the ownership of dogs. Secondly, responsibility must lie not with the dog itself, because tens of thousands of dogs have been treated badly and de-socialised, and have to be destroyed, which is an animal welfare issue. The responsibility must rest with the owner, and that is the purpose of this Bill.