Legislation on Dangerous Dogs

Christina Rees Excerpts

Monday 27th November 2023 Westminster Hall

[Christina Rees (Neath) (Ind)]

It is always an honour to serve under your chairpersonship, Dame Caroline.

It is a privilege to speak in this debate on e-petitions 624876 and 643611 relating to legislation in respect of dangerous dogs, and so admirably led by the hon. Member for Don Valley (Nick Fletcher). I congratulate the hon. Member for Lancaster and Fleetwood (Cat Smith) on her appointment as Chair of the Petitions Committee.

Currently, four breeds are banned under the Dangerous Dogs Act 1991: the pit bull terrier; the Japanese tosa; the dogo argentino; and the fila braziliero. However, following the rise in the number of attacks and fatalities, the Government have added the XL bully to the list of banned breeds. From 31 December, strict conditions will need to be complied with and from 1 February 2024 it will be a criminal offence to own an XL bully in England or Wales without a certificate of exemption.

Dogs suspected of being of a prohibited type are assessed against a standard that describes what a particular type of dog should look like. However, the number of characteristics is not a guide and neither is the way in which the assessment should be conducted, which results in many legal breeds and crossbreeds fitting the standard, regardless of the dog’s behaviour.

I am shocked and saddened by the appalling reports of attacks and deaths that have dominated the news recently. Obviously, I share the public’s concerns and agree that current legislation has not prevented these serious dog attacks. Urgent action is clearly needed, but breed-specific legislation is not the answer. The Dangerous Dogs Act has failed to protect the public since it was introduced, and dog bite incidents have risen since then.

Animal welfare, and particularly dog welfare, is an issue close to my heart. During the past five years, I have worked closely with Vanessa Waddon of Hope Rescue in Llanharan, which is a dog rescue centre that often takes in dogs that have been seized from illegal breeders. Since the ban was announced on 15 September, it has been inundated with calls and messages from worried owners asking for advice, and especially from those who are not sure whether their dogs meet the standard because it is so wide.

Hope Rescue is receiving up to five calls a day from owners in all areas of the UK asking it to take in their XL bully. It is concerned that, as the date approaches, there is a risk that some dogs will simply be abandoned. The rescue holds several stray dog contracts, so there is a chance that those dogs will enter it as strays. Capacity is already under huge pressure due to the current animal welfare crisis, which has resulted from the increased number of dogs purchased during the pandemic and the subsequent cost of living crisis. In fact, the centre is over capacity and is having to pay for overflow kennelling to ensure that it can meet its stray dog commitments to local authorities. The likely abandonments will put additional pressure on a system that is already broken due to a lack of kennel capacity.

Hope Rescue has already seen an increase in the number of large bull breeds coming through the stray dog system—again due to the breadth of the standard. The predicted increase in the number of dogs coming through the system is likely to impact the centre’s ability to help other dogs urgently in need, especially through its work supporting local authorities with dogs seized from illegal and low-welfare breeders. That could lead to dogs being left to suffer longer in poor conditions, as there is nowhere for them to go. The centre is proud of the much-needed support it provides to licensing teams in Wales, and it is heartbreaking that it may not be able to help in the future.

Hope Rescue is also hugely concerned about the XL bullies currently in its care that it does not yet own. They have been seized from illegal breeders but have not been signed over through the section 20 court process. These are young, rehomeable dogs, and the centre has worked hard with them to prepare them for their new homes. It is worried that the court process will not be completed in time to rehome them before the ban comes in and that it will have no choice but to euthanise them. Hope Rescue is also worried about any XL bully types that come into its care as the 31 December deadline gets nearer. As a responsible rescue, it takes Hope Rescue time to properly assess a dog for rehoming, but after that date it will not be able to rehome them.

The wellbeing of staff is a huge and legitimate concern. These passionate and caring individuals have chosen a career in animal welfare because they want to make a positive difference to the lives of rescued dogs. Things are already tough for the staff due to the animal welfare crisis and the number of dogs coming into their care. Being forced to euthanise healthy, rehomeable dogs, which may never have put a paw wrong, will be devastating for them.

[Conor McGinn (St Helens North) (Ind)]

I have listened intently to the debate because, like many Members, I feel conflicted about it. My interest was piqued last summer when three women who were walking their dogs in a park in Newton-le-Willows in my constituency were attacked by an XL bully. Their dogs were badly injured, and they were injured and have been traumatised too. It is important to make the point that many who are in favour of the Government’s proposals are also dog lovers, and they and their animals deserve our consideration and protection as well.

[Christina Rees]

I thank the hon. Member for his intervention. I really respect his view, which he put in a measured way.

On behalf of Hope Rescue, I urge the UK Government to consider letting rescue centres rehome XL bully types that, through no fault of their own, find themselves in a rescue centre.

[Wayne David]

The hon. Member and I visited the Hope Rescue centre in Llanharan a few months ago, where we saw and heard many moving things. I was particularly moved by the number of deformed dogs that the centre had taken from illegal dog breeders, many of which would otherwise have had to be put down. That brought home to me how illegal breeding is such a menace and really needs to be clamped down on. Does the hon. Member agree?

[Christina Rees]

I thank the hon. Member for his intervention. Not many people know this, but we were in school together many years ago at Cynffig Comprehensive School, so I always listen to his views, and I do agree with him on this.

On behalf of Hope Rescue, I urge the UK Government to consider letting rescue centres rehome XL bully types—that, through no fault of their own, find themselves in a rescue centre—subject to the exemption process and being assessed for suitable rehoming.

A friend of mine, Professor John Cooper KC, will be taking the legal challenge to the Government if the ban is not halted. Between 2016 and 2017, John and I served on the Bach commission, which was chaired by Lord Willy Bach and which provided detailed proposals on establishing the right to access justice as a fundamental and enforceable public entitlement. John has always been a staunch advocate of animal welfare both in and out of court, as well as being relentless in his representation of people who find themselves in the most vulnerable of situations. His work with dogs includes advising on the reform of the Dangerous Dogs Act—particularly the flawed breed-specific legislation regime—and advising on and drafting proposals for a more effective sentencing regime for pet theft. A former columnist for Dogs Today, John has a rescue lurcher called Lawrence.

Professor Cooper KC has stated:

“This is knee jerk legislation, which has neither maturely reflected on the wealth of evidence which is available or taken the time to reasonably consider the best ways to protect the public and act rationally in relation to the dog. It simply will not work.

Any proposed ban is no more than putting a sticking plaster over the issue as unscrupulous breeders simply move on to the next dog.

The answer according to the government’s own previous reports is an effective licensing regime, responsible ownership and stricter penalties and sentencing powers in the courts.

The law, maturely and carefully considered, can protect the public. This, tragically, goes nowhere near that.”

I cannot agree more with Professor Cooper’s words. Nor can I disagree with the heartfelt plea of Vanessa Waddon and her wonderful staff at Hope Rescue. For those reasons I call on the Government to halt the ban’s implementation, support responsible rescue centres, review the effectiveness of breed-specific legislation and carefully consider how to properly protect the public from serious and fatal dog attacks.

[Dame Caroline Dinenage (in the Chair)]

I call the Chairman of the EFRA Committee, Sir Robert Goodwill.