Microchipping of Dogs (England) (Amendment) Regulations 2022

Baroness Jones of Whitchurch Excerpts

Tuesday 25th January 2022 Grand Committee

[Baroness Bakewell of Hardington Mandeville (LD)]

My Lords, I thank the Minister for his introduction and for his time, and that of his officials, in providing a briefing for this statutory instrument. The microchipping of dogs, which was introduced in 2015, has made a tremendous difference to the owners of the dogs and to the dogs themselves. The safety and traceability of dogs are made easier by this process. Dogs are often lost or stolen but are reunited with their owners through the information stored on the microchip, and reducing the number of stray dogs is to be welcomed.

The sunset clause on this regulation terminates on 24 February this year. I note that the Government conducted a consultation on extending this clause, the results of which were due to be published in December 2021. Presumably this has happened. Given the instrument expires in February, the consultation was somewhat late taking place.

A second targeted consultation, to 36 stakeholders, took place in November 2021. Just over half responded. Given the level of support from those responding, I am surprised that the Government have not removed the sunset clause altogether, instead of extending it by two years. However, I understand the need to take this opportunity to rectify the anomalies in data collection and to include the compulsory microchipping of cats in future microchipping legislation. Can the Minister say what the database issues are and whether they will all be addressed in the new regulations?

Nottingham University undertook a lengthy report on the post-implementation review of the 2015 legislation, but unfortunately, probably due to my own incompetence, I could find no reference to this when I searched on the internet. Can the Minister say whether this report has been published and, if not, whether it is likely to be? Is this likely to be before the next consultation, which, according to the Explanatory Memorandum, is likely to cover areas for improvement in the existing regulations?

Currently, when you take your dog along to the vet for their routine health check or vaccinations, your vet will routinely scan the dog for their microchip. However, there is no enforced regulation on veterinary staff to report to the authorities dogs that have not been microchipped. Is this one of the anomalies which the revised legislation will include in future?

There was no updated impact assessment in the EM for this SI. As the 2015 impact assessment was still extant, can the Minister confirm that, when this new regulation has been updated to include the compulsory microchipping of cats and provisions on other database issues, an updated impact assessment will be issued to cover all aspects of the new regulations? Can he confirm that there will also be no sunset clause?

My husband and I took on a rescue dog in the spring of last year. The dog had not been maltreated, but its owner was suffering from dementia and could no longer look after it. Through the microchip, we were able to estimate roughly how old the dog was and to see that it had been vaccinated and well cared for previously. I am sure that many others who have done the same are grateful for the information provided on the microchip, but it is important that there is adequate enforcement.

Pet theft is an invidious crime and extremely upsetting to families with children and the elderly, whose only companion may be a dog or a cat. Therefore, it is important that microchipping of dogs should continue without interruption, and I would like the Minister’s reassurance that the new regulation will be laid well before the nine-year sunset clause runs out in 2024.

[Baroness Jones of Whitchurch (Lab)]

My Lords, I thank the Minister for his introduction and for the helpful briefing he organised. On the face of it, this seems a straightforward proposal, and we certainly do not want to see the sunset clause come into force on 24 February as a result of our inaction, so we clearly support this regulation.

The question arises as to why a sunset clause was added in the first place. I have been covering this department for so long that I probably contributed to the original decision back in 2015, although I do not remember the arguments put forward at that time. But we are where we are. Of course, as the Minister said, the first report on the implementation of microchipping was due to be held within five years. I appreciate his recognition that there has been a delay, which has caused this SI to be necessary, and his apology.

I am grateful to the departmental official Craig Lee for sending me a copy of the review into the legislation. I got round to requesting it slightly before the noble Baroness, Lady Bakewell, had a chance to do so. It was very interesting reading, as was the report from Nottingham University that underpinned it. I was pleased to see that microchipping had achieved the desired outcomes of improving animal welfare through the increased traceability of owners and reducing the number of stray dogs.

However, the review also identifies some challenging issues, which have been echoed by noble Lords today. There is, for example—I do not know whether anybody would have foreseen this—the new plethora of microchip database companies that have sprung up. As we have heard, this has made ownership tracing more complex. Like other noble Lords, I think it would be helpful if the Minister could shed a little light on how the Government intend to deal with this. By any stretch of the imagination, having 17 databases seems impractical when trying to monitor and keep up with the ownership of individual animals.

Did we anticipate that this would happen, and is the Minister satisfied that we have the right standards for these databases and are scrutinising them before they are set up, or will that come from any new regulations? Are there any constraints on how much somebody can charge for using a database? Is that why we suddenly have so many—because they are easy money, if I can put it that way, without having to do a great deal? Noble Lords have made a case today that on the face of it seems quite sensible: that we should have a single portal of access, or indeed one database, which could be agreed through some sort of nomination process. It would certainly make people’s lives easier when trying to trace the owners of dogs, or to check the dogs’ history.