Dog Attacks on Dogs

George Eustice Excerpts

Tuesday 25th April 2017 Westminster Hall

[The Minister of State, Department for Environment, Food and Rural Affairs (George Eustice)]

I would like to begin by congratulating my right hon. Friend the Member for Loughborough (Nicky Morgan) on securing this debate on police force and local authority guidance on dogs attacking other dogs. I understand that it must be incredibly traumatic for owners whose dogs are attacked by other dogs, particularly as the owner is often a witness of the attack. She described two incidents, and I would like to express my sympathy for her constituents, the owners of Ozzy the dog and of the terrier that was attacked by a Rhodesian Ridgeback. I completely understand that it is an incredibly distressing time. It is completely unacceptable for owners to allow their dogs to be dangerously out of control, whether it is around people or animals. Attacks of this sort can affect animals’ confidence and lead to dogs changing their behaviour and becoming afraid of going out.

Over recent years, the law on out-of-control dogs has been strengthened, and the Government looked at that area in the previous Parliament quite closely. The Dangerous Dogs Act 1991 now applies the offence of allowing a dog to be dangerously out of control to all places, not just public places or places where a dog has no right to be. That means dogs need to be under control in all places and at all times. As my right hon. Friend said, that is of particular relevance to those of us who will be delivering leaflets and going on to people’s property. I am sure we have all had experiences of dogs in those circumstances.

The law also makes it a specific offence to allow a dog to attack an assistance dog, for which the maximum penalty is three years’ imprisonment. As my right hon. Friend pointed out, we introduced that provision recently. The reason for specifically including an offence in relation to attacks on assistance dogs was to emphasise people’s dependence on them. It was considered that an attack on an assistance dog in these circumstances was an aggravated attack and almost an attack, by extension, on the individual person.

There are real problems with attacks on assistance dogs. A huge amount of work goes into training those dogs. There have been many sad examples of assistance dogs that, despite all the work to train them, lose their confidence to do their job as a result of a one-off attack and have to be retired from duty. That is why we took the view that assistance dogs were a very special case.

Other penalties under the 1991 Act were also increased significantly. In particular, the maximum penalty for allowing a dog to be dangerously out of control was increased from two years’ imprisonment to 14 years’ imprisonment in cases where it results in the death of the victim, and five years’ imprisonment where the victim suffers serious injuries.

Other laws were introduced as preventive measures. Measures under the Anti-social Behaviour, Crime and Policing Act 2014 allow police and local authorities to take action in low-level incidents of antisocial behaviour, including those that involve a dog, where the dog is causing a nuisance but no offence is committed under the Dangerous Dogs Act. In such circumstances, police or local authorities can take action by issuing a community protection notice to the owner or person in charge of the dog at the time, ordering them to control the dog and stop the nuisance behaviour. Failure to comply with a CPN can lead to a fine of £2,500. That power means the police and local authorities can take action before a dog becomes dangerously out of control. A criticism of the Dangerous Dogs Act was that it dealt with issues only after they had happened. Many animal welfare organisations, dog-keeping groups and veterinary organisations campaigned for the introduction of those types of notices.

For more serious incidents of antisocial behaviour, such as using a dog to actively intimidate someone, there is the criminal behaviour order. A CBO would be used in cases where a court was satisfied that an individual had engaged in behaviour that caused or was likely to cause harassment, alarm or distress. Finally, for more general matters, there are public spaces protection orders, which place restrictions on dogs using clearly defined areas such as children’s playgrounds or sports fields. PSPOs are aimed at all dogs rather than individual dogs.

My right hon. Friend the Member for Loughborough reported that Charnwood Borough Council wants to see dog-specific guidance on the antisocial measures. In October 2014, to assist local authorities and the police, DEFRA published a practitioners’ manual entitled, “Dealing with irresponsible dog ownership”, which provides practitioners with guidance on how to use the antisocial behaviour measures specifically in relation to dogs. I was a Minister in DEFRA at the time. I did not have responsibility for this part of the portfolio, but we had a debate in 2014 in which a number of people said that we should adopt measures similar to those in Scotland, where there are specific dog protection orders. Our legal analysis was that community protection notices served the same function, but because a number of people had raised concerns about whether they could be applied to dogs, I asked my noble Friend Lord De Mauley, the then Minister with responsibility for dogs, to address the issue, and that prompted the guidance sent in 2014, almost three years ago, to all local authorities.

The practitioners’ manual differs from the Home Office guidance document, which was aimed at the broader use of antisocial behaviour measures and perhaps is what Charnwood Borough Council has read and what my right hon. Friend has referred to. My Department’s practitioners’ manual can be found on the gov.uk website, but after this debate I will arrange for my office to send her office a paper copy of it.

[Mr Cunningham]

Will the Minister express a view on the Battersea proposals, to balance out the argument?

[George Eustice]

I am sorry, but I have lots of proposals from Battersea and I am not sure which ones the hon. Gentleman has in mind. I come back to the point that we issued very specific guidance on how CPNs could be used.

[Mr Cunningham]

rose—

[George Eustice]

I will give way again if the hon. Gentleman is going to clarify the point.

[Mr Cunningham]

Simply put, there is a proposal for longer sentences for people who abuse animals.

[George Eustice]

I refer the hon. Gentleman to a debate that took place on that very matter a few weeks ago. The Sentencing Council recently issued new guidance, which took effect this week, that makes it far easier for courts to award custodial sentences at the upper end of the range for those sorts of offences. Obviously, sentencing is a matter for the Ministry of Justice, and I am sure that it keeps those issues under review.

My right hon. Friend the Member for Loughborough said that the police claim that there is a three-strikes rule and that unless a dog has attacked three times, prosecutions cannot be brought and a community protection notice cannot be used. I am reliably informed by my officials that that is not the case. There is nothing in the law that says that there must be three offences. The Dangerous Dogs Act can be used the first time there is an offence. There is nothing in the law that stipulates that there must be three offences before a CPN can be issued. I therefore think that there is an issue, which I was going to come on to, about enforcement. It may be that sometimes police forces that are reluctant to look at these issues because they want to focus on other things will come up with internal operational procedures of that sort and internal operational guidelines, but those are created by the police and are not a matter of law.

[Nicky Morgan]

I thank the Minister very much for that clarification; it is really helpful to hear it. I will certainly pursue it with Charnwood Borough Council, but I have to say that I think Charnwood is a very responsible authority. As I said, it works closely, through the MOU, with Leicestershire police, so if they are labouring under misapprehensions, I suspect that that is very widespread among local authorities and police forces. One purpose of today’s debate was for MPs to express their concerns and for the Minister to show how seriously the Government take these incidents. Does he think that it might be worthwhile to write to local authorities to reiterate some of the powers that they have?

[George Eustice]

My right hon. Friend is absolutely right. I very much welcome this debate, which is timely. As a Minister in DEFRA in 2014, I felt that we had addressed this matter by issuing the practitioners’ guidance, but although I accept that the powers are available for local authorities to use in all sorts of situations in which dogs are causing problems, I also accept that there are still many instances of dogs being out of control. That is why, as my right hon. Friend pointed out, my Department has been looking at whether the powers are being used by the police and local authorities and, if so, what effect they are having. And that is why, as she said, we issued a voluntary survey. We invited all police forces and local authorities in England and Wales to respond to the survey about the use of those antisocial behaviour measures.

We received many responses to the survey and are currently analysing them. I am told that we expect to complete that analysis by the end of May, so while we are all busy avoiding dogs on the doorstep during the election campaign, officials will be studying those responses, but I understand that initial indications and impressions from the evidence that we have received are that there remains some misunderstanding about the powers that are already available to local authorities and police forces and, if that is the case, we will obviously want to ensure that we raise their awareness of the powers that they have.

The focus of this debate is obviously dog-on-dog attacks. As I mentioned at the start of my speech, section 3 of the Dangerous Dogs Act makes it an offence to allow a dog to be dangerously out of control, regardless of where it is. It is a long-held belief among enforcement agencies that so-called dog-on-dog incidents cannot be dealt with under the 1991 Act. We do not believe that is the case. The 1991 Act provides a definition of when a dog must be regarded as dangerously out of control. That refers to a dog being dangerously out of control when there are grounds for reasonable apprehension that it will attack someone. However, that definition is not exclusive. The words of section 3 could include, for example, a case in which a dog attacks another dog or other animal.

There is case law in this area. In 2008, a Court of Appeal judgment specifically pointed out that the definition of “dangerously out of control” in section 10 of the Dangerous Dogs Act is not exclusive, and made it clear that the ordinary meaning of the words in section 3 should be applied to any given circumstances. The case in question was the Gedminintaite case. The Court said that it was inclined to go further than existing case law. It stated:

“In any event, the definition section, section 10, is not exclusive. It does not read as a matter of construction, ‘for the purposes of this Act, a dog shall only be regarded as dangerously out of control...’ and then proceed to the definition. Therefore we feel ourselves entitled to go back to the straightforward words of section 3”.

Our lawyers believe that that does indeed mean that there are instances in which the Dangerous Dogs Act could be used for dog-on-dog attacks, but I appreciate that there is a widely held view that it cannot. Our officials can of course consider that as part of their wider review of the evidence that we have received from the survey that I mentioned.

I again congratulate my right hon. Friend on this timely debate. I am sure that the contribution that she and others have made will be taken on board by my officials and considered as they reflect on the survey responses that they are looking at now. Although, as I have explained, I believe that the law already allows police and local authorities to take action in incidents involving dangerously out of control or even just nuisance dogs, I completely agree that there are some issues about consistency of enforcement. That is why the review of evidence and survey responses is going on. I look forward to seeing the results of that, and no doubt my right hon. Friend will also follow it closely.

Question put and agreed to.