Dog Fighting

Debate between Lord Elliott of Ballinamallard and Paul Monaghan

Wednesday 29th June 2016 Westminster Hall

[Dr Paul Monaghan (Caithness, Sutherland and Easter Ross) (SNP)]

I am grateful for this opportunity to consider the utterly barbaric practice of dog fighting. I congratulate my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron) on securing the debate, which has been intelligent and considered and had cross-party support. I also thank Marc Abraham, Blue Cross, the Dogs Trust, the League Against Cruel Sports, the RSPCA and the SSPCA for their briefing ahead of today’s debate.

Although dog fighting was made illegal by the Cruelty to Animals Act 1835—the humane Act—evidence suggests it is resurging across the UK. Indeed, it is now a highly codified and organised practice developed for the entertainment of spectators. It is also an extraordinarily brutal, cruel and unsympathetic practice, as my hon. Friend noted.

The welfare of animals is covered by the Animal Welfare Act 2006 in England and Wales, and by the Animal Health and Welfare (Scotland) Act 2006. Offences relating to animal fights were created by section 8 of the former and by section 23 of the latter. Despite being illegal, fights frequently take place.

[Tom Elliott]

There appears to be a lot of legislation, but the general consensus is that there is a problem with the enforcement of that legislation and with sentencing.

[Dr Monaghan]

I agree, and I will shortly make several suggestions as to how that might be addressed.

Several hundred, and possibly several thousand, organised fights take place each year, with hundreds of thousands of pounds changing hands in associated betting at some fights. Fights are organised in pits, on the streets and in parks, housing estates and fields—in fact, anywhere and everywhere. Three levels of fights are recognised. Level 1 fights are impromptu street fights, or “rolls.” Level 2 or “hobbyist” fights revolve around localised fighting circuits. Level 3 professional fights are highly organised, often internationally. Injuries sustained by dogs at fights often lead to their death through stress and shock. Fights take place to the death simply for people’s amusement. I understand from the SSPCA that the longest recorded dog fight lasted four hours and 12 minutes.

After such abuse the animals are ferocious. The injuries they inflict on other dogs are scarcely believable, and the notion that anyone would wish to participate in the breeding, training, fighting and/or sponsoring of such practices beggars belief—more so given that injured animals rarely receive veterinary attention. The crude analogy applied to such trained dogs is that of high-value pedigree racehorses, but in dog fighting, of course, the animals are expendable, and they are abused and abandoned if no longer match-fit. Grand champion fighting dogs are worth hundreds of thousands of pounds to their owners, with stud fees of £5,000 to £6,000 being common. The picture could not be clearer: dog fighting is big business and utterly horrific in every respect. We should consider dog fighting a serious organised crime.

The Scottish National party has been at the forefront of animal rights, both in this Parliament and in Scotland. Dog fighting should be seen as a gateway crime. Involvement in clandestine dog fighting leads to other crimes such as illegal gambling, the importation and exportation of animals, abuse of the pet travel scheme, animal theft and drug and gun crime. Strategies to address dog fighting should therefore follow the counter-terrorism strategy—engage and prevent.

The Dangerous Dogs Act 1991 bans the ownership of a number of dog breeds, some of which are considered fighting breeds. The Act applies to England, Wales and Scotland, but it has been amended separately in Scotland and in England and Wales. The Select Committee on Environment, Food and Rural Affairs, of which I am a member, has considered the Act’s application in the context of England and will report in the near future. Suffice it to say that the Act appears to be ineffective and must be revised, because it focuses on breed, not deed.

Prohibited breeds are difficult to identify and categorise, and dogs are cross-bred to develop strains more suitable for fighting. We know that there is significant underground market activity in the trade in fighting dogs, with puppies being sold for thousands of pounds. Breed-specific legislation is fundamentally flawed. It is a startling statistic that, of the 623 dogs seized as being of a prohibited type over a two-year period, almost a quarter were later found not to be of a prohibited type and were returned to their owners, bringing into further question the concept of what constitutes a dangerous dog. The Act must be reviewed as a matter of urgency.

Although dog fighting is illegal across the UK, specific dog-fighting laws do not exist. Offences are recorded within broader animal welfare and cruelty Acts, which make it illegal to co-ordinate and promote a fight; to keep, possess or train a dog for fighting; or to attend a dog fight as a spectator. Direct animal fighting offences are set in section 8 of the Animal Welfare Act. The law defines an animal fight as

“an occasion on which a protected animal is placed with an animal, or with a human”.

However, it can be argued that street fighting is spontaneous and, as such, an animal is not placed, meaning that such fights are not covered by the legislation. Legislation has had no apparent effect on either dog fighting or the recorded occurrence of injuries from dog bites.

Three important steps can be taken to address the problem: increased sentences and penalties as a deterrent, education as a preventive measure and policy changes to encourage engagement. Currently, the maximum sentence for animal fighting in the UK is a term of up to 51 weeks’ imprisonment. In reality, however, sentences are unacceptably low. The example set by Northern Ireland should be followed.

In the US, as we heard earlier, dog fighting is considered a felony in all 50 states, as well as a federal felony. In 2016, the FBI declared that it would track animal abuse in the same way that it tracks class A felonies for accounting, reporting and tracking purposes, and that felony-level penalties for repeat offenders would be enacted. We must recognise that the evidence shows links between animal abuse and other forms of abuse, such as battery, child abuse, domestic violence, grievous bodily harm, serious violent offences, the use of firearms and so on. As such, dog fighting should also be considered a signal crime.

We call on the UK Government to review sentences under the Animal Welfare Act and introduce penalties that reflect the seriousness of such offences and the horrific abuse of animals, to ensure that punishments fit the crime. Dog fighting should be recorded as a specific offence, separate from animal fighting, to enable the scale of the problem to be more accurately assessed. Dog licensing should also be considered. There should be a presumption that court disposals use sentences at the upper end of sentencing scales—the maximum allowed by law, not the minimum.

The Control of Dogs (Scotland) Act 2010 is designed to highlight the responsibility of dog owners by introducing a regime that identifies out-of-control dogs at an early juncture. Many animal welfare charities invest considerable resources in excellent work to teach young people and others about responsible dog ownership. Programmes specifically target young people, those in prison and others who own a status dog or live in a community where status dog ownership is a problem. Such programmes are aimed at increasing awareness of the issues involved and stimulating debate and discussion on responsible dog ownership, antisocial behaviour and the law.

Third-party policing involves persuading organisations, groups or individuals—including community centres, veterinarians, schools, local government and business owners—to take some responsibility for preventing or reducing crime and encouraging people to report animal crime. In that way, crime control guardians are created. Crime control guardians can also be described as a multi-agency taskforce. That approach has proved effective in a number of communities in the US on animal cruelty in general and dog fighting specifically. We are calling for education programmes like those to be commended, encouraged and enabled.

As a matter of policy, sentencing for dog fighting should reflect the object of deterrence relative to the spectrum of offending. The detection of animal fighting offences should become a performance indicator for police forces, adding an incentive to deal with the crime. Details of individuals banned from keeping dogs and other animals should be held on a UK-wide register by statutory agencies. That would help prevent those convicted of animal cruelty offences from being able to commit further offences, as well as increasing opportunities for enforcement action. Rehabilitation programmes should be offered as part of the sentencing disposal to encourage a strategy of education.

Nevertheless, human behaviour is ultimately responsible for dog bites. Breed-specific legislation to ban the ownership of certain types of dogs merely addresses a symptom of an otherwise unaddressed underlying problem. It is likely that dog attacks are rooted in deeper and more diverse socioeconomic causes, such as deprivation and a lack of education concerning the handling of dogs. All those factors contribute to the growth of dog fighting at levels 1 and 2. Clearly, repeated presentations for medical attention could indicate involvement in lower-level dog fighting and associated handling. We are calling for the disclosure to police of those seeking medical assistance for dog attack injuries, to allow investigation and tracking. It is also clear that mandatory reporting by veterinary professionals of dog-fighting injuries could help identify welfare issues and criminal activity and reduce crime.

Ultimately, we are calling for a senior law enforcement officer to be appointed to ensure that there is sufficient collaboration and action to tackle dog fighting across the four nations of the UK and internationally—including, dare I say it, across the EU. The individual should be responsible for integrating the three strands of increased sentences and penalties as a deterrent; education as a preventive measure; and policy changes to encourage further engagement on dog fighting and organised crime.