Animal Welfare (Electronic Collars) (England) Regulations 2023

Baroness Anderson of Stoke-on-Trent Excerpts

Tuesday 13th June 2023 Grand Committee

[Lord Ponsonby of Shulbrede (Lab)]

My Lords, I was not intending to intervene in this short debate but, through sitting here, I think I have something to contribute as a sitting magistrate. I deal with dogs and dog owners in magistrates’ courts in London, and a number of times I have put in place what are effectively dog death sentences for those that have misbehaved. Before one gets to that stage, of course, one would have mandatory chipping and neutering of animals, but sometimes they continue to attack people or other dogs.

It is a very interesting debate, but I have just one specific question for the Minister. We have heard about the unlimited fines on the owner if there is no compliance with these regulations, but can I check that there is no change in the powers of the courts when they are dealing with the dogs themselves as a result of this statutory instrument?

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, it is a pleasure to follow my noble friend Lord Ponsonby. This SI is a necessary piece of legislation and His Majesty’s Opposition will support it. Many of us have and have had wonderful family pets who are and were central to our family life. I come from a family of dog owners, having had an Alsatian and a crazy—maybe not batshit—springer spaniel as cherished childhood pets. I cannot imagine why anyone would wish to use an electronic shock collar for training, rather than treats.

A 2019 study carried out by the University of Lincoln found that electric shock collars compromised a dog’s well-being, even when used by professional e-collar trainers. They were also found to be no more effective than training using positive reinforcement methods. This is far from the only evidence that collars cause harm to animals. We therefore strongly welcome the introduction of this SI.

Given that the consultation took place in 2018 and featured in the 2021 action plan for animal welfare, why has it taken the extra time to bring the measure forward? As acknowledged in the Explanatory Memorandum and by the Minister, the Welsh Government acted on this back in 2010. Can the Minister inform the Committee why we are legislating 13 years later? Do our colleagues in Wales care more about corgis than this Government care about bulldogs?

We welcome the decision to include an exemption—outlined in paragraph 7.12 of the EM—for those with protected characteristics. This will help those who have a legitimate need for collars that emit sound, vibration or other non-shock signals, whether for the owner’s benefit or the animal’s. After all, Labradors, golden retrievers and German shepherd dogs are so valuable for those of our citizens who are dependent on service dogs. It would be an anathema to them that anyone would seek to train their support dogs via shock treatment.

We also note the exemption on the use of electronic collars for the Armed Forces, where this is required for defence purposes. The Minister knows that we share a keen interest on issues pertaining to our Armed Forces. Does he have any estimate of how many dogs this is likely to affect and which breeds, and is he personally satisfied that the Armed Forces’ animal welfare standards are robust in this area?

The Kennel Club is campaigning for the same measures to be introduced in Scotland. Its chief executive, Mark Beazley, was quoted in the Independent as saying:

“More action is urgently needed in Scotland, where regulations are needed to replace the ineffective guidance currently in place, and we will not rest until we see the complete ban on these devices that cause suffering and harm”.


What discussions, if any, has Defra had with Scottish counterparts?

We all have a favourite breed of dog, whether that is a Labrador retriever, a Border collie or a cockapoo. There are more than 13 million pet dogs in the UK. Their owners will expect us to do everything we can to protect their pets from harm, which is why we are supporting this SI. After all, who could countenance the image of a cocker spaniel, a Jack Russell or a labradoodle being subject to electric shock treatment?

[Lord Benyon (Con)]

I am grateful to noble Lords for their important contributions to the debate. This instrument will deliver on another commitment made in the Government’s action plan for animal welfare. As a nation of animal lovers, we are united in our commitment to do what is best for the welfare of our pets. Protecting them from unnecessary suffering is an important step towards that goal.

Almost unique in any animal welfare debate, I think, has been the absence of a response I get to almost any measure we bring in, which is, “That is all very well, but—”. Usually, people want you to go further. I have been to enough animal welfare events and debates in this and the other place where people always want more. But we hope that we have introduced something that is proportionate, addresses the concerns of animal welfare organisations—I will come on to talk about who we consulted—and reflects the need for this.

Several noble Lords asked about our exemption for the Armed Forces. They are right: this instrument includes an exemption for His Majesty’s Armed Forces where required for defence purposes. This is a specific and limited exemption to ensure that important national security and public safety capabilities are retained. The use of an e-collar in such circumstances would be subject to the internal Ministry of Defence animal welfare standards and permissions. I say to my noble friend Lady McIntosh that it is entirely legitimate that she puts that question to Ministry of Defence Ministers. They have very high standards for animal welfare right across the Armed Forces. There is an exemption here, for reasons of a specialist nature, for certain uses of dogs. I will not go into any more detail, but I assure the Committee that I have been convinced by the evidence I have heard on that matter.

The noble Lord, Lord Jones, asked who Defra engaged with in drawing up the ban. We ran a public consultation on proposals for a ban in 2018. A total of 7,334 responses was received, including approximately 6,000 from members of the public. The remaining responses were from organisations or individuals involved in fields relevant to electronic training collars, dog trainers or vets. Animal welfare groups support the ban, as do veterinary surgeons, the training sector and assistance dog charities. In the way that the data was compiled, an individual’s responded was counted as one and an organisation’s was also counted as one, but those organisations may have reflected the views of many hundreds, possibly even thousands, of members. It may be not quite right to talk about it in terms of percentages. Of course, animal welfare is a devolved matter and we engage closely with the devolved Administrations on a range of issues, including this policy.

A number of people have raised the issue of the increase in sheep worrying in Wales subsequent to the ban. I investigated this closely in the lead-up to our debate on this statutory instrument. It is clear that, across police forces, there has been increased activity and an increased determination to work with both the public and farmers to report sheep worrying events; that may be the reason why we have heard of more cases. Sheep worrying is a disgusting thing to witness. I have had livestock killed and injured by dog worrying. This Government have taken immense pains to try to limit these sorts of activities. We will continue to work with others to make sure that we limit the number of livestock worrying incidents and dog attacks.