Dogs (Protection of Livestock) (Amendment) Bill

Debate between Baroness Coffey and Rebecca Pow

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Friday 17th May 2024 Commons Chamber

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Rebecca Pow)]

It is a pleasure to speak on what I consider to be a very important Bill. Not only is it important to many countryside lovers, but it has been very much supported by the National Farmers Union and the National Sheep Association, and it will play an important role in strengthening our legislation to deter livestock worrying. I must thank my right hon. Friend the Member for Suffolk Coastal (Dr Coffey) for her dogged support for the legislation, and those on the shadow Benches for their support; I know the Bill is fully supported.

While I have a farming-linked remit within DEFRA, I am also the access Minister, and the legislation is important in terms of access to the countryside, as well because it will give added awareness to people who are going out with dogs. We are encouraging people into the countryside for many reasons—the health and wellbeing benefits and all that—but, as the shadow Minister mentioned, we need to raise awareness of the countryside code. Taking one’s dog out into the countryside is a wonderful thing, but respect and understanding must be given to the farming community and to all the responsibilities that lie therein for dog owners walking their dogs. This is important legislation and it will help.

I will speak briefly to the amendments tabled by my right hon. Friend the Member for Suffolk Coastal. She has listened very carefully to the comments in Committee, which is why she has tabled these amendments. They seem to make complete sense and I know they have had a great deal of support. She wants to be sure, as do others, that the courts have the appropriate discretion to impose a higher fine where it is warranted. The current maximum fine that might be imposed is a level 3 fine not exceeding £1,000; increasing the maximum fine to an unlimited amount would serve to provide an additional deterrent and help to reduce the likelihood of livestock worrying.

My hon. Friend for the Minister for Water and Rural Growth committed to supporting this amendment in Committee, and I reconfirm that support today. Just to clarify, as was mentioned in the Committee, the maximum fine available will be determined by this legislation and will not depend on the sentencing guidelines. Sentencing guidelines are developed by the independent Sentencing Council for England and Wales, in fulfilment of its statutory duty. As an independent body, the council decides its own priorities and work plan for reviewing guidelines to reflect any legislative changes.

A comment was made about dogs on leads, which I know was discussed in Committee. The 1953 Act does not make it mandatory for a dog to be kept on a lead around livestock, although a person does commit an offence under the Act if the dog attacks or worries livestock on agricultural land. I am pleased to say that the offence includes roads and paths nearby. However, there are often signs stipulating when to put a dog on a lead or where it would be helpful to do so, for example, if there is livestock in the field or in particular where there are cows with calves.

I personally would not go into a field where there were cows with calves, because a cow with a calf attacked me when I was a child, but that is a decision for people to make. If a dog owner keeps their dog on a lead, that can sometimes attract cattle to the dog, so the Committee’s view, which I support, was that, in certain specific circumstances, there is a risk to the owner of keeping the dog on a lead. I think my right hon. Friend agrees with that; perhaps she will add some comments shortly. For those reasons, the Bill is not proposing to go down that road. On that note, I urge all hon. Members to support the Bill.

[Dr Coffey]

With the leave of the House, I wish to respond to the comments made by the shadow Secretary of State, the hon. Member for Croydon North (Steve Reed). I am aware that, in the Animal Welfare (Kept Animals) Bill, there was a much greater element of rewriting lots of law. I am conscious that this is a private Member’s Bill with five clauses and a schedule that is already reasonably comprehensive. I looked at the issue very carefully and I am satisfied that it is perfectly straightforward to get the control disqualification orders necessary through existing legislation, without needing to legislate further.

I hope that the hon. Gentleman is satisfied that the police already have the necessary powers. We will come to the substantial changes in the Bill shortly, but these amendments are about ensuring sufficient financial penalties. Provisions to have a dog destroyed or to disqualify people from owning a dog are already covered. On his point about keeping dogs on leads, there is a variety of situations in which people will have a dog with them. In addition, people can put a dog on a lead but still not be in control of it. Ultimately, that is what this is about.

Amendment 1 agreed to.

Amendment made: 2, in the schedule, page 5, line 29, leave out “not exceeding level 3 on the standard scale”. —(Dr Coffey.)

Third Reading.