Dangerous Dogs and Jade Lomas Anderson

David Heath Excerpts

Wednesday 15th May 2013 Commons Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Mr David Heath)]

I congratulate the hon. Member for Bolton West (Julie Hilling) on securing the debate and on speaking with genuine eloquence and passion on behalf of her constituents. I salute her for doing so. Nothing I can say or do will fill the void in the lives of the family and friends of Jade Lomas Anderson, but I do want to send my condolences to them. The tragic circumstances of her death will, I hope, not be repeated, but they ought to make every Member mindful of whether we have the right legislation in place and what we can do. Such tragic incidents serve to remind us of the importance of responsible dog ownership and the far-reaching consequences of irresponsible dog ownership, which can affect all of us, regardless of whether we own a dog. I hope that that message will strike home.

The Government continue to take the matter of dangerous dogs extremely seriously, and the hon. Lady kindly set out some of the measures we have put in place. The previous legislation was passed in haste and was inadequate in many ways. It has been seen not to be fit for purpose and we must close some of the loopholes and gaps.

On 9 May, provisions amending the Dangerous Dogs Act 1991 were introduced into the House with the First Reading of the Anti-social Behaviour, Crime and Policing Bill. That follows the announcement on 6 February of the intention to amend the 1991 Act. Our legislating in this directed way, having taken the advice of many people, makes it clear that the Government are serious about tackling the issue of dangerous dogs and irresponsible dog ownership.

The key element of the amendments addresses the issue of dog attacks on people. Sadly, such incidents are on the rise, and 15 people have died in this country as a result of dog attacks since 2005. That is totally unacceptable. To address that, and to toughen the laws in this area, we are giving the police more powers to deal with attacks that happen on private property—a specific lacuna in the law—in order to protect the thousands of children, postal workers, health visitors, social care workers and others who are attacked each year. That has been widely welcomed by key bodies such as the Association of Chief Police Officers and the Royal Mail, which recognise the danger to their employees. The message from the Government is clear: owners must be responsible for their dog at all times and in all places.

This Government recognise that there are many responsible dog owners, and we support them. It is for that reason that the clauses amending the 1991 Act contain an explicit exemption from prosecution for householders whose dog attacks a trespasser who is in, or is entering, a home, whether or not the householder is present. That reinforces the Government’s position that it is right that householders should not be at risk of prosecution for reasonable actions taken in self-defence or in defence of property.

We have also made sure that irresponsible owners have to face up to the consequences of their actions. Last year, the Sentencing Council published new guidelines for judges and magistrates on sentencing for dangerous dog offences, including increasing the recommended sentencing range for an offence of allowing a dog to be dangerously out of control and injuring someone from six to 18 months’ imprisonment. According to the Sentencing Council:

“The new guideline will mean more offenders will face jail sentences, more will get community orders and fewer will receive discharges.”

Those new guidelines came into effect in August 2012.

The change is too late for the hon. Lady’s constituents—I recognise that—but it will ensure that any future cases are treated as a criminal matter. In addition, there are existing powers available to deal with any dog that is dangerously out of control or being used to intimidate people. Those powers have been and are being used, but it is right to extend the protection to people in all places, including their homes, so that owners know they will be held accountable for the behaviour of their dogs, wherever those dogs may be. We therefore look forward to the Anti-social Behaviour, Crime and Policing Bill moving through the House and being properly debated before it receives Royal Assent.

The Government consider that owning a dog is a serious undertaking and should not be done lightly. We are working closely with the animal welfare charities to encourage people to take more responsibility for their own actions and their pets. The hon. Lady made some very sensible points about education, because a lot of dog owners simply do not recognise what they should be doing. Whether through ignorance, neglect or malice, it is simply unacceptable for dogs to be kept in circumstances in which they remain a danger to other people. That is what we need to address.

Early intervention is vital in preventing poorly trained or poorly socialised dogs escalating to serious and ultimately dangerous attacks. As well as amending the Dangerous Dogs Act 1991, the Bill introduces six flexible tools designed to be used by local enforcement agencies, including the police and local authorities, to respond effectively to individual and local situations that may or may not involve dogs.

[Stephen Doughty]

I thank the Minister his assurances, particularly on increased police powers. One of the challenges I discovered when I engaged with the police over the incident I mentioned was that the police said that even if they had they been able to go on to private property to remove the dog, they had no facility in which to house the dog afterwards. The incident happened over an Easter weekend and no pounds were available—there was no place to take the dog. What assurances can he give about the facilities available to house dogs that are causing such distress?

[Mr Heath]

The hon. Gentleman makes an important point, and it is something we have been discussing with ACPO, because it is essential that if we give powers to the police, they can exercise them properly. A range of sanctions will be available to the police to deal with dogs. Some dogs, I am afraid, will have to be destroyed straight away—that is the reality—and others will be impounded, so it is important that there are facilities available to keep those dogs safely until they can be assessed or retrieved, as appropriate.

Returning to the proposals to amend the Dangerous Dogs Act, we hope that they will provide a set of flexible and effective tools and powers to enable the police and local authorities to tackle a wide range of antisocial behaviour, including dog-related incidents. The amendments to the Act, bolstered by the new antisocial behaviour measures, will provide the framework for tackling irresponsible dog ownership, from low-level incidents to more serious dog attacks. That will help to encourage a more responsible approach. The focus should also be on ensuring proper enforcement, which can only be helped by engaging local communities, who understand local problems and can report them, combined with educating owners on responsible behaviour, as the hon. Lady said.

[Julie Hilling]

If the Bill really does as the Minister says and offers that holistic approach that could be summed up with dog control notices, why are all experts in the field saying that the Bill does not go far enough? There is still real concern about not having the ability to intervene early and the particular things that we can instruct the owner to do, including having training for both the dog and the owner. Without those, it is hard to see how this will be a holistic, preventive measure, because it is not enough. I appreciate that there will be actions to take after the event, but we have to do things to stop the problems in the first place.

[Mr Heath]

The hon. Lady is right. It is not good enough to deal with problems after the event. We need a preventive measure—an injunctive measure, which will be provided by the antisocial behaviour provisions that I am describing. She raises an important point, which I hope my colleagues in the Home Office will have the opportunity to discuss during the Bill’s passage through the House. They are confident that the measures they are introducing will have the desired effect. Obviously, the hon. Lady is not quite persuaded of that view yet. I hope we will have that debate and get the right solution.

It is unnecessary to devise new labels and new measures that replicate the existing ones, so I hope the hon. Lady she will approach the measures with an open mind and listen to what my colleagues in the Home Office have to say. If she is not persuaded, she will no doubt argue for strengthening the Bill when it comes to the House, but I hope she will be persuaded, as we believe that the flexible approach adopted in the Bill provides a suite of measures which can be used not just for dogs but for other antisocial behaviour practices which need to be addressed. That is not a subject for this debate but I refer, for instance, to the flag racing of horses, which I am very concerned about. I would like to see antisocial behaviour measures which deal effectively with that.

Let us have that discussion in the context of the Bill. I certainly hear the hon. Lady’s concerns; it would be foolish not to, and I will take them back to colleagues. Nevertheless, let us have the debate when we get to the appropriate stage of the Bill.

[Julie Hilling]

I thank the Minister for giving way again. To me, the crucial question is where intervention can start. Many of these cases would never have reached anything like antisocial behaviour. If we look at the deaths and terrible injuries that have occurred, we find that many of them would never have passed any threshold other than someone saying, “I’m a bit worried about those dogs.” That stage is crucial.

There are other issues, such as the breeding of animals and their welfare. There has long been a need for all those aspects to be wrapped up in one Bill, but it feels as though we are just dealing with little bits and we will still have to come back and do more.

[Mr Heath]

I do not entirely agree that it is necessary to have consolidated legislation in order to effect the suite of measures that the hon. Lady is looking for. There are many cases in criminal law where various provisions dealing with similar issues are contained in different legislation. Sometimes that has benefits. I agree that it makes it slightly more difficult for the lawyer or the police officer to find the necessary measure, but provided they know that there is a measure on the statute book, they can use it. This is fairly common in criminal law. There has been a great profusion of criminal justice legislation over the years, much of which deals with overlapping issues.

I do not entirely accept the hon. Lady’s criticism. In a perfect world we would have neat self-contained Bills on every subject, dealing with the entire statutory background to it. In reality, the House does not work like that. Also, there are provisions with respect to dogs and antisocial behaviour in common law as well as statute law, so even if we had a single statute, it would still not cover all the law that pertains. Nevertheless, I hear what the hon. Lady says.

To continue what I was saying, it is very important that we now work with practitioners, local authorities and animal welfare charities to produce guidance that clearly demonstrates how the new tools can be used to cover all that dog control notices do and more, and to take account of the needs of communities as well as dog welfare. One of the measures echoes the comments of the hon. Member for Cardiff South and Penarth (Stephen Doughty). Local authorities will be required to provide 24-hour accommodation, but the police should also have such a facility if they are doing their job properly. We need to talk to them about that.

A number of commentators have asked who will enforce the controls on dogs. The Government understand the pressure on both the police and local authorities at this time. The split that we see is that the police will concentrate their time on more serious criminal matters, which will involve investigating dog attacks under the Dangerous Dogs Act, and not spend time dealing with stray dogs. That makes sense. Local authorities should be taking decisions on local priorities for action and allocate their resources accordingly. Some local authorities have been very proactive and imaginative in providing local solutions and approaches to dealing with dogs. For example, it is a requirement of Wandsworth’s housing tenancy agreements that any dogs on its properties are microchipped. That means that there is a direct link between the dog and its owner, which encourages more responsible behaviour and reduces dog-related incidents.

The Dangerous Dogs Act prohibits four specific types of fighting dog, and the hon. Lady mentioned the issues relating to bull terriers—the pit bull terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro. It has been suggested that we should add to this list of prohibited dogs. However, none of the key stakeholders, such as the police or local authorities, consider it would be very effective to add more types of dog to the prohibited list. In fact some stakeholders want the list taken away completely and for us to concentrate on what the dog does, not on the breed of dog. Like the police, the Government are not in favour of introducing new categories. We take the view that both deed and breed are important.

The four types of prohibited dogs are fighting dogs—dogs specifically bred for fighting—but the Act also recognises that any dog has the potential to be dangerous if incorrectly trained and left in the wrong hands, which is why there are offences for any dog to be dangerously out of control. It is why education for the public is so vitally important, along with early intervention that will allow the correct agencies, such as animal welfare organisations or local authorities, to intervene and provide advice in order to correct behaviour that could have a detrimental effect on the safety and welfare of the dog.

In addition to the extension of criminal liability to all places, the proposed amendments to the Dangerous Dogs Act will include, for the first time, a specific offence for a dog attack on an assistance dog. I am glad that the hon. Lady welcomes that.

The Government believe that irresponsible dog ownership is best targeted through a number of actions and initiatives. The hon. Lady will know about the microchipping initiative that we also have under way. We will debate this many more times during the next few months. I hope that we will get the right results this time, unlike the last time the House legislated. I can only assure her—and through her, her constituents—that we take the issue of dangerous dogs extremely seriously. We want to get the right answers and we are bending every sinew to make sure that that is the case.

Question put and agreed to.