Dangerous Dogs

Angela Smith Excerpts

Wednesday 6th July 2011 Westminster Hall

[Angela Smith (Penistone and Stocksbridge) (Lab)]

It is a pleasure to contribute to this debate under your chairmanship, Mr Bayley. I congratulate the hon. Member for Romsey and Southampton North (Caroline Nokes) on securing this important and timely debate. The vital context for many of her comments is the consensus, to which she referred, around the need to introduce, update and consolidate the laws on dog control. The fact that Scotland and Northern Ireland are legislating makes it important that we follow the lead of the devolved Assemblies and update the legislation.

The hon. Lady set out clearly the case for changing the law. Between 2004 and 2008, the Royal Society for the Prevention of Cruelty to Animals has seen a twelvefold increase in reports of dog-fighting. As she mentioned, more than 6,000 postal workers are injured every year by dogs. The estimated cost to the state of dealing with issues relating to irresponsible dog ownership is £76.8 million, which does not include the costs of dog welfare enforcement. That figure alone indicates the need to update the legislation, prevent and educate in order to reduce the incidence of irresponsible dog ownership, thereby reducing the overall cost.

Some 2,500 adults and 2,200 children were either treated in A and E or admitted to hospital for dog-related incidents in 2006-07, and eight people were killed by dogs in the past four years—six children and two adults. I think we would all agree that that is six children and two adults too many. In addition, some 197 people were seriously injured.

In an age of austerity, we can’t go on like this, to borrow a phrase from the general election. We need to educate, prevent and enforce. Many hon. Members have long been persuaded of the need to act. For me, the starting point was Christmas 2006, when there was a horrendous attack on a postal worker called Paul Coleman in Sheffield. He was dragged to the ground by a dog in a street outside the property at which the dog resided. Paul Coleman suffered horrendous injuries. He needed plastic surgery and skin grafts to his leg to try to repair the damage. I have met him and the scars from that attack are visible to this day. The psychological scars will remain for ever, along with the physical ones.

[Dr William McCrea (South Antrim) (DUP)]

I accept that it is vital that on the mainland in the United Kingdom there is an essential strengthening of the legislation, and we must get it right. However, that in itself is not the answer. We need to ensure that the legislation is enforced. How does the hon. Lady think that will be done in reality?

[Angela Smith]

I will come on to that later, because it is a very important point.

After the attack I mentioned, the Communication Workers Union—the postal workers’ union—launched its bite-back campaign, which has been incredibly successful in raising the profile of the issue. I think that the Minister acknowledges that. I place on the record today the importance of the work done by the CWU in partnership with the RSPCA. They have played a critical role in bringing us to where we are today. About three years ago, I introduced a ten-minute rule Bill based on the bite-back campaign to try to get the law changed. However, before I could get the Bill on the Floor of the House, there was another serious attack involving a postal worker in Cambridge, who nearly lost his arm as a result of a dog escaping from inside the gates of a property. Two Rottweilers dragged him to the ground and, as I say, he nearly lost his arm.

In that case, there was an attempt at prosecution on the grounds that the dog attacked on public property. However, the case was thrown out because the attack happened in an unadopted cul-de-sac. That judgment effectively means that there is very little protection not just on private property, but beyond the boundaries of what most of us would understand to be private property. That case alone highlights and underlines the need not only to consolidate, but to strengthen the law, as the hon. Member for South Antrim (Dr McCrea) mentioned a moment ago.

[Andrew Griffiths (Burton) (Con)]

I would like to mention a case in my constituency, where a young child was attacked by a dog on private property. After the child had been taken to hospital and things had calmed down, the parents understandably rang the police and said, “Can you do something?”. They were told, “We can’t act because it’s on private property and therefore it’s a civil matter.” Surely we must do something about such cases.

[Angela Smith]

We must absolutely do something about that. Every single time a child is seriously attacked or killed on private property, usually in the home of a grandmother or a relative, it makes it incumbent on legislators to strengthen the law, so that we can reduce and possibly eliminate such attacks. It is absolutely critical that we act. I am fed up of being asked to go on radio or television to comment on yet another attack on a child on private property, or another attack on a postal worker, a midwife, a health visitor and so on. It goes on and on.

Last year, Labour Members persuaded the then Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown), to initiate the consultation that we are discussing. I place on the record my appreciation of the work of my right hon. Friend the Member for Kingston upon Hull West and Hessle (Alan Johnson), who was then Home Secretary, and my hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick), who was at that time a Minister in the Department for Environment, Food and Rural Affairs. They were both absolutely instrumental in persuading the then Prime Minister of the need for change. The consultation finished more than a year ago, and since then the case for updating the law has not changed. The health costs of dealing with dog-related injuries have not reduced. In fact, if anything, the case since June last year has strengthened.

What needs to be done? The hon. Member for Romsey and Southampton North laid out the case for change very well indeed. We need to prevent. We need dog prevention notices, or dog ASBOs, as they are often called. That may require a range of measures on the part of a dog owner to restrain and control a dog properly, including muzzling in public and keeping a dog on a lead at all times. There are all sorts of measures that could be included in a dog penalty notice to encourage more responsible ownership. I agree with the hon. Lady that we need to repeal section 1 of the Dangerous Dogs Act 1991. It is deed, not breed, and it is the owner, not the dog, that we need to focus on in legislation.

We need to enforce, which is a point that was raised earlier. We need the law to apply to private property, so that enforcement can be initiated. At the moment, it is impossible to do anything at all. We need a range of penalties for irresponsible dog ownership, including disqualification if necessary and/or deprivation of ownership. We need more severe penalties, especially at the extreme end of irresponsible dog control, involving dogs as weapons. We need more consistent and effective enforcement of dog control measures, including, if necessary, more dog wardens and police dog legislation officers. That is the point about the microchip and the reintroduction of a licensing system. That system not only helps with enforcement, but means that we can raise the funds necessary to enforce more consistently across the country; that is the key point. Local authorities will lose 28% of their budgets in the next four years. They need the funds to enforce properly, as do the police.

We need education. We need dedicated budgets for local authorities and trained officers to be made available, not just to enforce new legislation, but to ensure that owners are educated about responsible dog ownership. I met a woman a couple of years ago whose dog attacked her own child on her own property. She was in the house doing a bit of hoovering. The dog attacked her boy in the garden, and she has never reconciled herself to what happened that day. She is now passionate about the need to educate owners about responsible dog ownership.

I think it seems obvious to everyone in the Chamber that nobody should ever leave a dog alone with a child, but people out there do need to be educated on these points—they need that. Education is critical to the success of any legislation. There is public support for updating the legislation: 78% of the public want the law updated and consolidated. I call on the Minister to put on the record today that he will inform the House, before the recess, of his response to the consultation, and that he will recommend that we update and consolidate the legislation.

Finally, the Prime Minister sent a letter to the Communication Workers Union on 30 April 2010, in which he stated that his party’s manifesto pledged support for

“updating the Act in such a way that it provides adequate protection for all and ensures that dog owners are fully responsible for their dogs.”

He went on:

“We support extending dangerous dogs law to cover all places including private property”.

I therefore call on the Minister to fulfil the manifesto commitment, and the commitment made by the Prime Minister last year.

--- Later in debate ---

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

I am grateful to you, Mr Bayley, for allowing me to speak now. I join in the congratulations for my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes).

I will deal with two issues, one of which is to add to the momentum about consolidation, and the other is to touch on the law of unintended consequences. I have been fascinated and to some extent enlightened by the rare outbreak of consensus among all parties—we seldom hear so many hon. Members making the same points for the right reasons in Westminster Hall or the main Chamber—but one issue does concern me. There has been much reference to evidence and statistics that suggest an increase in attacks by dangerous dogs or, indeed, by dogs. Is that a trend with evidence to which the Minister can refer us, or is there simply a greater awareness or reporting of such incidents? Is there perhaps greater enforcement of which we are not aware, because we might not be privy to the statistics, and can the Minister put us right?

Another important point was the reference to the Dangerous Dogs Act 1991 as amended. If ever there was an example of a piece of legislation that has clearly had no effect, the 1991 Act is surely it. Many of the speeches made today were made then as well, back in 1991, with just as much passion and feeling. Legislation was forthcoming, and those in Parliament at the time presumably felt that they had done the right thing by voting for the legislation; yet, a few years on, here we are, having the same debate and referring to statistics that appear to have got worse rather than better. So I ask the Minister to exercise some caution in thinking that the solution to the problem mentioned by so many Members is simply further legislation. Unless we deal with the problem of enforcement, such legislation will serve only to restrict legitimate dog owners, while not restricting illegitimate ones, which is contrary to what we are all attempting to do.

I want to touch on the six pieces of existing legislation, although I will not go into them all. There are provisions in the Dogs Act 1871, as amended in 1989, for some civil recourse for people such as postmen who might be the victims of vicious dog attacks. I note that no one has highlighted the plight of poor old parliamentary candidates—apart from my hon. Friend the Member for Romsey and Southampton North, who touched on the issue—who might also find themselves being attacked on private property.

[Angela Smith]

To satisfy the hon. Gentleman, I put on the record that I was attacked in the general election last year, in precisely the circumstances outlined earlier—the hand through the letter box and the dog on the other side—so I sympathise with the plight of parliamentary candidates in elections.

[Simon Hart]

I do not think that there would be much public sympathy for our plight, but it might be the only area in which we could generate some sympathy for ourselves. That is why I made the point. I accept that such an incident is a civil rather than a criminal matter, so that might need some attention as part of any consolidation process that follows. We must also not overlook the Animal Welfare Act 2006 or the Policing and Crime Act 2009, which do at least provide an opportunity for injunctions forbidding ownership.

As other Members have mentioned, there is therefore quite a lot of legislation, dealing with quite a lot of issues, varying from using dogs as a form of weapon to using dogs in a way that might cause them suffering, let alone the people that they might come into contact with—indeed, there is a power to prevent some people from owning dogs at all. Such provisions already exist, suggesting that instead of new legislation necessarily being the solution, the proper and cross-departmental consolidation of existing legislation might be the way to proceed.

I also want to touch on the law of unintended consequences. There are some grey areas in what constitutes a dangerous dog or activity that might cause alarm and distress to members of the public. Plenty of dog owners have fallen foul of concerned if not mischievous people who are worried that the activity of a dog might be dangerous, although it is not at all. We must protect those whose livelihoods depend on working dogs. There is a distinct line to be drawn between legitimate scrutiny by law enforcement agencies and individuals, and people who may simply be caught up as a consequence of owning a dog responsibly and thoughtfully, but which might seem to an outsider to pose a danger. There have been numerous examples of people who have fallen foul of that distinction.

This debate has shown, if nothing else, that the Dangerous Dogs Act 1991 did not have the desired effect, nor did the Dangerous Dogs (Amendment) Act 1997. Clearly, there is much work to be done on the activities of irresponsible dog owners, for which the dog usually gets the blame. One wonders whether some of the measures for dog control notices that have been suggested or are in place would be better applied to the owner instead of the dog. The point raised by my hon. Friend the Member for Romsey and Southampton North about attitude and education is crucial. I fiercely defend the Minister’s position that the Government are not bossy and that it is not their business to interfere with people’s daily lives, but there is line to be drawn.

With a little knowledge, a lot of progress can be made in persuading, educating and informing people about the difference between irresponsible dog ownership and responsible dog ownership, and that could be easily and cheaply achieved. Consolidation of existing legislation, coupled with other measures, would be a sensible and proportionate way forward.