Breed Specific Legislation

Daniel Zeichner Excerpts

Monday 5th July 2021 Westminster Hall

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve with you in the Chair, Mr Paisley. I congratulate and thank the hon. Member for Carshalton and Wallington (Elliot Colburn) for not just leading this important debate, but setting out the issues so clearly and fully. I suspect we may have read the same briefing notes, so he might recognise some of my statistics.

It is essential to our democracy that we here in Westminster make sure we are debating the issues that really matter to people. I thank the 118,641 people who signed the petition, including 127 from my constituency—not quite as many as from Carshalton. When I was a member of the Petitions Committee, I always enjoyed leading debates on issues such as this, not least because I am told that they are some of the most-watched debates in Parliament—they are often in the top 10 each year. I reflect that at the time I was doing that, I had absolutely no inkling that I might be recalled to the Front Bench at some point. I have therefore reread some of those debates with some trepidation, in case I said things within my brief that I might later regret. I issue that warning to the hon. Member for Carshalton and Wallington, but I am sure that members of the Petitions Committee are always suitably mindful, because we never know what the future holds.

The dangerous dogs legislation is, of course, routinely cited as an example of Parliament acting in haste in response to events.

--- Later in debate ---

On resuming—

[Daniel Zeichner]

As I was saying, the Dangerous Dogs Act is frequently cited as a piece of legislation whereby Parliament acted in haste in relation to events—events I remember well, although I suspect that they may have been before the hon. Member for Carshalton and Wallington was with us. It was a long time ago. If there is any repenting, it has certainly been leisurely, and that is the force of the petition.

We need to get on with updating and revising the law. I am sorry that there are not more Members involved in the debate, but I do not think it is a reflection on the seriousness or importance of the issue. There are some pretty significant things happening in the main Chamber, and the announcements affect every citizen in the country, so it is not surprising that Members are focused on that today.

The issue of dangerous dogs is very sensitive. Labour thinks that we should start by making safety our top priority, but without unnecessarily punishing responsible dog owners or doing unnecessary harm to dogs that are not necessarily a risk. In our view and that of many people, the breed-specific legislation that we are discussing has fallen well short of what it was supposed to do. The time has come for reform, and we need DEFRA to lead the way.

I will start with the issue of safety. Whether it is about postal workers suffering from bites or dog walkers feeling intimidated by other dogs, let us not underplay the problem. I am very happy with dogs now, but as a child I was not. I remember my fear, day after day, when I was doing my paper round. A black Labrador would suddenly appear, give chase and jump up at me. It was not a real danger, but I have to say that it blighted every morning for me for years. Some children are not happy in that situation, which should be respected, just as I still respect dogs when I am out canvassing, quite frankly. They are our best friends, but there is a risk. That is what we as legislators have to find a way to help manage.

Looking at the evidence, the Dangerous Dogs Act is not quite fit for purpose, and it is time to have a further look. It was a swift and possibly panicky response to some particularly tragic events 30 years ago and to a very strong public reaction at the time, so we can see why Parliament acted quickly. Whether it acted entirely accurately, however, is now for us to judge. I will make a minor political point: we note that it was a Conservative Government at the time, and we feel the legislation was a touch reactive. We would like the Government to be a bit more proactive now, and we hope we can do better.

As the hon. Member for Carshalton and Wallington outlined earlier, section 1 introduced the approach known as breed-specific legislation. I, too, will have a go at pronouncing the four types of dogs to which it applied: the pit bull terrier, the Japanese Tosa, the Fila Brasileiro and the Dogo Argentino. Of course, the aim was to limit the number of those dogs and hopefully, in turn, to improve safety by reducing the number of bites. As the hon. Member for Carshalton and Wallington has outlined, however, that is not the way it has turned out.

It is sometimes slightly dangerous to take just a few statistics and assume cause and effect, but the fact that there has not been a reduction in the number of dog bites raises questions about the effectiveness of the legislation. Between March 2005 and February 2015, the number of hospital admissions in England due to dog bites increased by 76%, from 4,110 to 7,273. In 2020, the figure reached 8,875. We are told by people who are able to calculate such things that, between 2009 and 2018, the healthcare costs for dog bites totalled £174,188,443. That is very precise, but it is fair to say it is a considerable sum. There is no robust scientific evidence to suggest that the banned dog breeds are more likely to be involved in instances of dog bitings or fatalities than any other breed or type of dog. Again, as the hon. Gentleman said, between 1992 and 2019 only 8% of dangerously out of control dog cases involved banned breeds. The legislation simply is not working; it is not stopping dog bites.

Of course, the animal welfare consequences are sad, as has been outlined. Dogs that do not necessarily pose a risk are being seized and placed in kennels. There is something self-fulfilling about that, because, as the hon. Gentleman also outlined, the physical and mental stress caused can mean that dogs then begin to act out and show aggressive behaviour, which might not have happened had they been kept with their original families.

The law does not allow animal charities and rehoming organisations, such as Blue Cross, Dogs Trust and the RSPCA, to rehome prohibited dog types to new owners. That does not take into account the individual dog’s behaviour, which then means that the only option is to euthanise. One wonders what vets feel about having to go through with that; they are people who have given their lives to protect and help animals, but have to put down perfectly healthy and friendly dogs. As the Environment, Food and Rural Affairs Committee put it:

“Defra’s position is both illogical and inherently unfair. Whether a dog is euthanised or not can depend entirely on whether it ‘looks like’ a Pit Bull Terrier.”

That is a loose criterion for something so serious.

Breed-specific legislation does not stop dog bites, is bad for animal welfare, and because they cannot be rehomed in a controlled environment thousands of dogs are being put to sleep. The question of aggression in dogs is complicated, but I am told that there is a consensus forming in the scientific community that the breed of a dog is not a reliable predictor of aggressive behaviour. According to the latest data from Battersea Dogs and Cats Home, over 200 leading behaviour experts were consulted and found that socialisation is considered the most critical factor; 86% said that how a dog is brought up by its owner is the most important reason why some dogs are more aggressive towards people than others. That rather chimes with my experience back on my paper round, as the indifference of those who kept the dog always seemed to me to be part of the problem—it comes as no surprise to me. Moreover, 73% of the experts consulted said that it is a dog’s upbringing by the breeder before they are sold that determines behaviour. There are a range of factors here and I am afraid that the rather kneejerk response of the Dangerous Dogs Act does not seem to take those factors into account.

Labour has long been clear that the Dangerous Dogs Act needs reform; it was rushed in the first place and it is now seriously out of date. Will the Minister commit to commission an independent review of this legislation, in line with the recommendations made in the EFRA Committee’s report on the issue? As I have already outlined, the petitioners quite clearly feel that the breed-specific ban does not work. If the Minister and DEFRA are insistent that some such ban is needed, will she please outline why and present the evidence in such a review? Some legal breeds can pose just as great a risk to public safety as illegal breeds, yet there are no legislative restrictions on their ownership. That inconsistency undermines the logic of the legislation, so will she tell us why some breeds are banned and other breeds that are known to be dangerous are not?

As we get on to the world-beating animal welfare legislation that we have been promised so often, will the Department engage with those with experience from other countries, and with local authorities and police forces that have considerable practical experience, to develop a deeper understanding of different dog control models and successful approaches that could be used in the UK as part of the review? Also, will the Minister tell us whether she will investigate the possibility of a new dog control Act as part of such a review?

Although we believe that legislative change is the most necessary reform, we also think there is quite a lot more that can be done to educate people about the risks. It is clear that young children are most at risk of serious dog attacks and suffer horrific injuries, too. We think we need better childhood education on staying safe around dogs, to stop avoidable incidents, and that it needs to be consistent across the country. Will the Minister commit to commissioning a childhood education plan from experts and charities to determine the most effective education measures and how they can be implemented consistently across the country? Will she ensure that DEFRA supports a roll-out of such a plan, if it is developed, to help to ensure that fewer children are seriously hurt in dog attacks?

We absolutely recognise that most dog owners are responsible and do everything they can to stop their dog acting aggressively and to protect people around them. Even the most responsible owners, however, can do with a helping hand. Will the Minister therefore consider introducing a targeted awareness campaign to inform dog owners and the general public about responsible ownership and safe interactions? Also, will she consult colleagues to ensure that sentencing guidelines are observed properly in the courts and that consistently robust sanctions under existing legislation are being applied across the country?

In conclusion, we are convinced that arguments that DEFRA has used in the past to maintain breed-specific legislation are not backed up by robust evidence. They do not stop dog bites and, sadly, they lead to hundreds of family-friendly pets being euthanised unnecessarily after being seized and kept in kennels for months. The Dangerous Dogs Act was a knee-jerk piece of legislation responding quickly to public concern about specific incidents. This has become a well-worn phrase but, once again, we need to be led by the science and by evidence.

That is why Labour is clear: we need a review of breed-specific legislation and of the Dangerous Dogs Act as soon as possible. The Labour party has a proud record on animal welfare. We will always do what we can to protect our pets, but we are also always determined to keep people safe. It is an important balance to strike, and it is not being struck right now. The situation needs to be re-examined, and I hope that the Minister will take the opportunity to signal that she agrees and that the necessary leadership will be forthcoming.