Dogs (Protection of Livestock) (Amendment) Bill Debate
Full Debate: Read Full DebateBaroness Hayman of Ullock
Main Page: Baroness Hayman of Ullock (Labour - Life peer)Department Debates - View all Baroness Hayman of Ullock's debates with the Department for Environment, Food and Rural Affairs
(1 day, 12 hours ago)
Lords ChamberMy Lords, I thank the honourable Member for Chester South and Eddisbury for introducing this important Bill in the other place and for taking it through so eloquently. I express my thanks to the noble Baroness, Lady Coffey, for assuming responsibility for the Bill in this House, and I recognise her long commitment on this issue. I am delighted to speak and to confirm government support for the Bill, and I thank all noble Lords for their contributions and support. I particularly thank the noble Lord, Lord Hart of Tenby, for his eloquent maiden speech. I look forward to his further contributions and welcome him warmly to our House.
As we have heard, dog ownership and the number of livestock kept in the UK have drastically increased since the passing of the 1953 Act. The noble Baroness, Lady Grender, mentioned the survey that had been carried out by the National Sheep Association on the number of dog attacks now experienced by farmers—with 87% of them having experienced attacks in the last 12 months and 96% saying they experience between one and 10 cases of sheep worrying every year. The noble Lord, Lord Colgrain, spoke about a particularly harrowing attack, which demonstrates why the Bill is so needed.
To speak personally, a few years ago, our neighbour had some sheep on our top field. Unfortunately, there was a dog attack there. Luckily, no sheep died, but it is still horrendous when it happens. Unless you have seen it, it is difficult to truly imagine the damage and stress. The scale of these attacks is really concerning now, which is why the Government are so strongly supporting the Bill. We need urgent measures to protect our farmers and their animals.
We have heard about the devastating consequences—injury or death of animals, aborted lambs and flocks of birds being smothered—all of which are appalling to the farmers who own the livestock. The National Sheep Association’s survey showed clearly the concerns that farmers have raised. It also agreed that there is a need for additional police powers. We must go further to protect our agricultural sector from this, which is why we so strongly support the Bill.
Livestock worrying does not have just an emotional impact; it also places a large financial strain on farmers. A 2025 survey carried out by the National Farmers’ Union found that the total cost of livestock worrying across the UK reached £1.8 million. In England, the Midlands was the worst hit region in terms of cost, with dog attacks on livestock costing an estimated £452,000. This clearly shows how detrimental it can be for farmers’ livelihoods.
The Bill will address farmers’ concerns by strengthening police powers. These include extending powers of seizure, modifying entry powers and introducing a new power to take samples and impressions from livestock and suspected dogs. Under current legislation, the police can seize a dog found and suspected to have attacked or worried livestock only for the purposes of identifying the owner. Under the Bill, if the police have reasonable grounds to believe there is a risk that a dog could attack or worry livestock again, they will have the power to seize and detain it. The dog can then be detained until an investigation has been carried out or, if proceedings are brought forward for an offence, until those proceedings have been determined or withdrawn. Additionally, the police can currently enter a premises only for the purpose of identifying the dog. The police powers will be extended to allow the police to enter and search premises with a warrant to seize a dog and take samples if there are reasonable grounds to believe that an offence has been committed.
The Bill will also introduce a power to enable the police to take samples and dental impressions from a dog or livestock where they have reasonable grounds to believe that the dog has attacked or worried the livestock and that the sample or impression might provide evidence of the offence. These powers give the police the tools they need to bring offenders to justice and will help ease the worry that many farmers feel when it comes to dog attacks on their livestock.
To better deter livestock worrying offences, the Bill will also increase the maximum penalty from a fine of £1,000 to an unlimited fine. This measure reflects the severe consequences that these incidents have for livestock and their keepers and the significant resources required by the police to investigate.
My noble friend Lord Grantchester asked about guidance on these penalties. The courts will determine the appropriate fine amount, and that will take account of the seriousness of the offence and the financial circumstances of the offender. The level of the fine will not affect the level of compensation a farmer may receive. There were further questions around enforcement that I will come to in a moment.
Furthermore, the Bill will modernise the definitions and scope of the livestock worrying offence by extending the locations where an offence may take place to include roads and paths, and it will expand the species scope to include camelids, which are commonly farmed. The Bill also amends the wording of the offence of livestock worrying so that attacking livestock is dealt with separately from worrying livestock. Reframing the legislation so that the term “attacking” is distinct from “worrying” better highlights the violent nature of incidents involving attacks on livestock.
I come to the questions around enforcement. The noble Lord, Lord Blencathra, asked about that, and I absolutely understand concerns around enforcement. As I said, there is no point in legislation if you do not enforce it. As the noble Lord so clearly demonstrated, it has not been working effectively enough—another reason for bringing in the Bill. It improves enforcement mechanisms to allow the police to deal with and investigate incidents of livestock worrying and attacks much more effectively. It should help the police take each report more seriously. We have engaged with the police on the measures in the Bill, and we know that the police are very keen for it to go through and get on to the statute.
Most livestock worrying incidents are resolved out of court through the community resolution process, and this usually includes compensation paid by the offender to the livestock owner. There is also a separate regime for farmers to obtain compensation. Section 3 of the Animals Act 1971 provides that anyone who is the keeper of a dog that causes damage by killing or injuring livestock may be liable for that damage. Farmers can also obtain and claim on their insurance in relation to losses incurred because of livestock worrying incidents. When cases are taken through the courts, as I said, the courts will determine the appropriate fine, taking into account the seriousness of the offence.
On the number of people prosecuted, the average number of livestock worrying prosecutions every year is 23. This is based on figures provided by the Ministry of Justice on the number of prosecutions from 2022 to 2024. The average number of people convicted and subsequently sentenced per annum is 20. That is based on the same figures from the MoJ. Because of the measures in the Bill, we would expect the number of prosecutions each year to increase.
The noble Lord, Lord de Clifford, also asked about enforcement. Just looking at the police recovering costs from seizing and detaining dogs, one issue is whether it will be expensive to enforce, and how that will affect the ability of the police. The Bill will make it easier for the police to reclaim any costs. Any dogs found without an owner or person in charge can be seized by the police and can be detained until the owner has claimed it back and paid all expenses incurred as a result of the seizure and detention. The police also have the power to dispose of or destroy a dog where the owner fails to pay these expenses within seven days of seizure. If the dog is seized and detained due to posing a continuing threat to livestock, the costs incurred can be recoverable if the owner is subsequently convicted. The Bill will enable the courts to make an order requiring the owner to pay whatever sum the court determines reasonable for the costs associated with the seizure and detention of the dog. The magistrates’ courts will also have powers to enforce these orders. The Government take this very seriously; we do not want extra costs on the police.
There was also a question about microchipping—it might have been from the noble Lord, Lord Trees. At the moment, 23 databases, operating independently of Defra, provide microchip data. If you include the dog’s microchip number in any evidence, that constitutes the processing of personal data and would give rise to a number of data protection issues, particularly given that the Bill’s provisions require the register to be made publicly available.
The Bill requires the police to keep a register of all dogs seized in the area, which must include a brief description of the dog, the date of seizure, and whether the dog was disposed of and how. That register must be available at all reasonable times for inspection by the public, free of charge.
It has also been mentioned that this is an issue of responsible dog ownership, and I confirm to noble Lords that we have brought back the responsible dog ownership task force. We have asked it to do work in a number of areas, because it is important that people understand their responsibilities when they are owners of pets. For example, it is very frustrating when people say, “Look, Fido only wants to play”. There is a complete misunderstanding of the importance of keeping your dog under control in areas where there are livestock. The noble Lord, Lord de Clifford, also mentioned the importance of socialisation, which, again, is incredibly important. Many dogs were left without this following Covid, so, again, it is an important part of educating owners on how best to look after their dogs.
Just to finish, the noble Baroness, Lady McIntosh, asked a couple of questions. On petting zoos, it will be for the courts to decide whether a petting farm is agricultural land, based on the facts of each case as it goes to them.
Would it make sense, when the regulations come forward, to embrace all commercially produced animals in the definition, for the avoidance of doubt?
I am happy to take these issues away. At the moment, it covers grazing land. The definition of grazing land is something, again, that the courts can look at. Perhaps we can consider those definitions further. On the noble Baroness’s final point, that the legislation will lapse in 2034, I would just like to confirm that it is not going to lapse in 2034.
I am confident that it has been recognised here today that the Bill is really necessary to protect our farmers and our livestock. I thank all noble Lords for their time and valuable contributions. The robust measures that this introduces are long overdue. Again, I congratulate the noble Baroness, Lady Coffey, on continuing to pursue this issue. We must pass the Bill without delay to support our dedicated farmers who have long been calling for these measures.