Electric Dog Collars

George Eustice Excerpts

Wednesday 14th March 2018 Westminster Hall

[The Minister for Agriculture, Fisheries and Food (George Eustice)]

I congratulate my hon. Friend the Member for Aberdeen South (Ross Thomson) on securing this debate on the use, sale and distribution of e-collars. As he pointed out, this is a timely debate, given the Government’s announcement only three days ago that we are seeking views on a ban on the use of e-collars in England. A public consultation provides people with the opportunity to express their views on the use of e-collars. They have until 27 April to respond to the consultation, which can be found via the gov.uk website.

I begin by commending the campaigning work that my hon. Friend has done recently on this issue. He has raised it many times and has met the Secretary of State to discuss it. I also take the opportunity to pay tribute to the long-standing work in this area by my hon. Friend the Member for Hendon (Dr Offord). As long ago as 2014, he introduced a ten-minute rule Bill to ban e-collars. He has been a long-standing campaigner on these issues. As my hon. Friend the Member for Aberdeen South pointed out, many people are opposed to the use of e-collars for dogs and cats. That opposition includes many of the animal welfare and veterinary organisations, such as the Royal Society for the Prevention of Cruelty to Animals, the Dogs Trust, Battersea Dogs and Cats Home, Blue Cross, the People’s Dispensary for Sick Animals, the Kennel Club and the British Veterinary Association.

While we have signalled through the consultation our intention to act and introduce legislation, it is important to remember that in the meantime it is already an offence to cause unnecessary suffering to an animal. The maximum penalty is currently six months’ imprisonment, an unlimited fine or both. We have already announced that we will increase the maximum penalty to five years’ imprisonment, a fine or both. If anyone considers that someone has caused an animal unnecessary suffering by the use of an e-collar, they should report it to the relevant local authority, which has powers to investigate such allegations under the Animal Welfare Act 2006. Alternatively, they can report it to the RSPCA, which will also investigate.

The Government previously considered that e-collars should be used only as a last resort, when more conventional forms of positive reward training had failed. We also encouraged owners of such devices to read and follow the manufacturers’ instructions. However, we suspect that people are taking shortcuts, thinking that an e-collar might save them money in the long run, as they would not have to commit to a series of training courses for their dog. We think it is wrong for people to conclude that a simple hand-held device that emits a static pulse is all they need to correct their dog’s behaviour. As veterinarians, behaviourists, trainers and welfare organisations all tell us, it is not that simple.

[Tommy Sheppard]

Can the Minister be clear on whether the Government intend to review the legislation relating to the sale of such devices? He said that the consultation is about their use in England, but as the hon. Member for Aberdeen South (Ross Thomson) and others have made clear, there is great public concern about the sale of such devices. Failing to act on their sale may undermine attempts to curb their use. Can the Minister be clear whether the current consultation includes that issue, and if it does not, will he commit to reviewing it in the future?

[George Eustice]

I was going to come to that later, because it was one the key points made by my hon. Friend the Member for Aberdeen South. The point is that the consultation leaves open that option; we are suggesting a ban on use, but we also invite views on whether that would be sufficient, or whether we should consider a wider ban. I will say a little more on that later, but first I want to describe some of the context.

In 2014, the Department for Environment, Food and Rural Affairs funded research on the use of e-collars on dogs. I stress that that research was restricted to remote hand-held devices, rather than containment fences for both cats and dogs. The research concluded that e-collars have a detrimental effect on the welfare of dogs in some cases. People need to be aware that an e-collar is by no means an easy answer to a problem. Indeed, using an e-collar may have a long-term, detrimental effect on the welfare of a beloved pet. In such circumstances, an owner could be in breach of the Animal Welfare Act 2006, leaving themselves open to prosecution.

At the time of the 2014 research—I was in the Department at the time—the Government stopped short of recommending an outright ban, for a number of reasons. Given that we were approaching a general election—frankly, since then we have all had lots of enjoyable referendums and elections that have distracted us from our duty in this place—we decided that it would be quicker to include some references in the updated dog welfare code. I pressed for that in 2015 with officials, having had representations from my hon. Friend the Member for Hendon, and those additions went into the updated dog welfare code that is currently under consideration. However, if we want it to be enforceable, and if we want clarity in the law, the Government are currently of the view that going a step further and simply banning the devices would probably give that clarity.

The difficulty with having codes that say that such devices should be used as a last resort, or that include comments that basically strengthen a presumption against the use of negative training devices, is that there is always a difficulty with enforcement. That is why, notwithstanding the position that we took then, now that we have a clear run in Parliament to address such issues without the constant distraction of forthcoming elections, it is right that we have a consultation and call for evidence, and consider going further.

As we make clear in the consultation, we want to promote the positive training of dogs. We do not consider that dogs should be subject to negative forms of training, particularly when positive methods can have such beneficial effects. There are some very good trainers out there whom people can approach about the behaviour of their dogs, and who are used to all sorts of challenges with regard to disobedient dogs. We want owners to use positive training methods as much as possible.

I have heard many arguments about individual experiences of using e-collars. My hon. Friend the Member for Aberdeen South outlined some of the anecdotes that he has received. I have heard anecdotes on both sides. There are often-quoted reactions to e-collars, such as people using the hand-held devices at the strongest setting on the first use. Another example that we have had drawn to our attention relates to containment fences. When dogs chase something beyond the boundary line, they are often too scared to return. I have also heard stories of dogs that might not be alive today were it not for e-collars, particularly when it comes to those boundary fences. The consultation provides supporters of e-collars and opponents of such devices an opportunity to express their views on the issue.

Turning to some of the specific points that have been made, my hon. Friend the Member for Aberdeen South referred to the sale of the devices. I can confirm that the consultation is open to evidence on that. We have made a specific proposal on banning the use of e-collars, because that is the approach that has been taken successfully in Wales and other countries such as Denmark and Germany. I was not intending to dwell on EU law in this debate, because obviously we have lots of debates on that in this place. However, there are potentially complexities and difficulties, partly linked to single market legislation, that could make it more difficult for us to introduce a ban on sale while we are a member of the European Union. Nevertheless, in our call for evidence and in our consultation we remain open to representations on that.

My hon. Friend the Member for Henley (John Howell) raised the specific issue of sonic collars. I can confirm that the proposal covers all such electronic devices—not just shock collars, but those that emit noxious liquids or painful sonic signals. My hon. Friend the Member for Clacton (Giles Watling) referred to his impatience to get on with it. As somebody who has been quite sympathetic to taking further action in this area since 2014, I can tell him that patience is a virtue in this House. The reality is that if we want to introduce a ban of this nature, the first step has to be a consultation and a genuine debate and discussion, giving people the opportunity to express their views. I am afraid we cannot introduce a ban without getting to the point of legislation. I hope that he will recognise that the Government have acted in this area. We have made it clear that we are publishing a consultation and inviting views, which is the crucial first step to making progress in this area.

My hon. Friend the Member for Witney (Robert Courts) made a very important point, which in my mind goes to the heart of the debate. He talked about the complexity of canine behaviour, and the fact that dogs can associate the shock with something else in their immediate environment. My hon. Friend the Member for Aberdeen South gave the anecdote of dogs that associated the shock with the first time that they received it, and with small dogs that were in the vicinity. I always remember my hon. Friend the Member for Hendon, at the time of his ten-minute rule Bill, giving a powerful case of a dog that had associated the shock with small children, because the shock collar had been used when children were in the area. It is clearly very damaging to confuse dogs and cause them to have concerns about small children. That could have completely unintended consequences from which we cannot row back.

In conclusion, we have had a very interesting debate, with lots of important interventions.

[Gavin Robinson]

I asked a specific question about the extent of proposals. Can the Minister confirm that he will look carefully and kindly on the idea of the legislation, if it is introduced, extending across the entire United Kingdom?

[George Eustice]

Yes. I may have given the impression that I was avoiding the point that the hon. Gentleman raised earlier. The consultation is specifically for England because it is a devolved matter at the moment. Wales introduced a similar ban—I think as long ago as 2010, from memory. I understand that the Scottish Government are consulting on something similar. Our consultation addresses England, but I am conscious of the particular issue that we have in Northern Ireland at the moment, without an Administration in place. I will happily consider the hon. Gentleman’s suggestion, but I hope that he will understand that we would not want to violate the devolved settlement that we have on the issue of animal welfare.

Question put and agreed to.