Dog Control and Welfare Debate
Full Debate: Read Full DebateHuw Irranca-Davies
Main Page: Huw Irranca-Davies (Labour - Ogmore)Department Debates - View all Huw Irranca-Davies's debates with the Department for Environment, Food and Rural Affairs
(11 years, 6 months ago)
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I think that the Committee would like to record our disappointment that it took so long to produce the draft legislation yet the Government were unable to wait. As Members will know, the one time when a Select Committee cannot meet is during Prorogation, between the House rising to represent the end of one parliamentary year and it reconvening.
Could the Government make good that slight on the Committee by introducing draft guidance—they have plenty of time—on the provisions introducing not dog control notices but other measures? Then we could see the draft guidance not on Report but in Committee. There is plenty of time and the Committee could give the scrutiny that it has given to the wider range of measures needed.
I am grateful to the hon. Gentleman, and I am sure that the Minister will have heard his remarks; I hope he will endorse what the hon. Gentleman has said.
We had only eight sitting days to conclude our work. We are grateful to the 40 or so individuals and organisations who sent written evidence on a tight time scale, and to those who gave oral evidence. That demonstrates the importance that many attach to finding better ways to tackle dangerous dogs. In our pre-legislative scrutiny report, we made numerous recommendations for improving the draft Bill, which we now expect the Government to amend. As I said to my hon. Friend the Minister, the Committee stands prepared to table amendments to improve the Bill if we think fit.
We feel that the Bill shows that the Minister has not fully understood the public concern about dangerous dogs, nor have Government policies matched the action required. Our headline findings are that the Government have failed to respond adequately to public concern about dog attacks and poor dog welfare; that legislation must be amended urgently to protect the public from dangerous dogs; that current laws have comprehensively failed to tackle irresponsible dog ownership; and that the Department for Environment, Food and Rural Affairs proposals published belatedly in February are too limited.
The evidence we received from DEFRA and the Home Office did little to reassure us that either Department is giving sufficient priority to dog control and welfare issues. The Home Office approach to tackling antisocial behaviour is too simplistic. Indeed, when we were in opposition, the Conservatives felt that antisocial behaviour was not the right vehicle. The legislation fails to reflect the impact that poor breeding and training by irresponsible owners can have on a dog’s behaviour.
We recommended that DEFRA should introduce comprehensive legislation to consolidate the fragmented rules relating to dog control and welfare. New rules should give enforcement officers more effective powers, and our key recommendation is to include dog control notices, such as those already in use in Scotland, to prevent dog-related antisocial behaviour.
We also found that local authorities need to devote more resources to the effective management of stray dogs or else consideration should be given to returning responsibility to the police. We stand by that recommendation. The Committee agreed that all dogs should be microchipped, as much for animal welfare as for controlling dangerous dogs, and that being able to link an animal to its owner was essential to clamp down on irresponsible dog ownership.
On a personal note, may I remind the House that when we had dog licensing—I am sure the Minister will confirm this—only 50% of dog owners bought a dog licence in any one year? The House and the public expect us to bear down on the irresponsible dog owners who did not purchase a licence and who may not microchip.
The Committee and I welcome what the hon. Lady says. When I visited the Blue Cross home in my own constituency, which looks after stray cats and dogs, I saw how massive a bullmastiff is. It would easily have pushed me over if it had leapt up. It is a worrying issue, especially for those who cannot enjoy the safety of their own home and garden. We need to distinguish between responsible dog owners, who, for example, secure the gates to their back or front garden, and those who are negligent over whether their dog is allowed to cause injury.
We also recommended that the definition of an assistance dog be amended to prevent the erroneous application of the assistance dog measures to dogs that are not genuine assistance dogs. We are pleased that the Government amended the draft clauses to allow the exemption from prosecution for householders whose dog attacks a trespasser to apply whether or not someone was home at the time of the attack.
The Committee believes that the current legislation before the House has gaps and needs to go further. We concluded that the Government’s proposals were insufficient and that a comprehensive overhaul of the legislation is needed, including the consolidation of the several dozen statutes that impinge on the issues, and that remains our view. I am talking about not just the Dangerous Dogs Act 1991 but the Dogs (Protection of Livestock) Act 1953 and a whole host of legislation that pertains to that area.
On Second Reading of the Anti-social Behaviour, Crime and Policing Bill on Monday, there was unanimous support for our recommendation that targeted dog control notices such as those in place in Scotland be introduced to give police and local authorities effective measures to tackle irresponsible dog owners before their dog inflicts harm. It is that preventive measure that is the key to controlling dangerous dogs and potentially dangerous behaviour.
Once again, I commend the Chair of the Select Committee on her contribution. Does she agree that the Government have listened to many of the evolving concerns and have acted to respond to them, but the one remaining thing they need to do is listen to the Committee and not be governed by the directives of the usual channels? Should there be overwhelming consensus on a point such as dog control notices, they should listen and respond accordingly. We are not daft, because we have based our views on what we see in Scotland and elsewhere.
I welcome the intervention by the hon. Gentleman; I am tempted to call him my hon. Friend. On a number of issues, this Government have proved that they listen. As I have mentioned, my hon. Friend the Minister is indeed a deeply reasonable man and I am sure that he will pass the test of reasonableness as the Bill goes through. It is, of course, a Home Office piece of legislation, but the clauses that I have referred to relate to DEFRA.
In our pre-legislative scrutiny report, we made a recommendation that a dog attack that injures any protected animal—such as other dogs, cats, horses or livestock—should be deemed an offence. I pay tribute not only to the dog charities but to Cats Protection, which supports this recommendation. It is very important that attacks on other animals—such as other dogs, cats and horses, whose riders might be seriously injured, and especially livestock—should be addressed.
The Committee was also concerned about the provisions under the Dangerous Dogs Act 1991 that currently ban certain types of dog, regardless of temperament, while excluding other aggressive breeds. In our pre-legislative scrutiny report, we called for a focus on the owner rather than on dog type, given that any dog can cause harm if it has an irresponsible owner—deed rather than breed.
To tackle stray dogs, we need to have a properly resourced dog warden service in all local authority areas. We also need to be aware of the increasing number of aggressive dogs that are being abandoned and of the additional burden on local authorities and dog charities, which are already overstretched. I have mentioned the provisions of the Clean Neighbourhoods and Environment Act 2005 that might be leading to more stray dogs coming on to our streets.
On dog breeding, we criticised the Government for doing too little to tackle poor breeding practices. Relying on voluntary action has not delivered sufficient reform, and the Advisory Council on the Welfare Issues of Dog Breeding should be given a formal regulatory role to enforce standards.
I agree, and because the proposals are subsumed in antisocial behaviour legislation, not enough priority will to be given to dog attacks. I understand that the police are, potentially, dealing with drugs or other issues, so when somebody is just complaining about a dog barking, for example, how much attention will that get?
My hon. Friend makes a good point about prioritising the matter among the wide range of measures that police and community safety agencies have to deal with. There is also the technical, but important, issue of how much time during the progress of a large, complex Home Office Bill will be put aside for debating these issues, which have not been debated enough, technically and in detail. Does she agree that we should definitely find time to do that, and that introducing guidance as rapidly as possible would help us?
I agree. My hon. Friend raises some important points.
The dog control notice could say, “Keep that dog on a lead”, “Keep it muzzled”, or “Keep it away from children”. I hope that it would state, where necessary, that the dog owner needed to reduce the number of dogs in the household, because the home was not suitable for them. A range of actions could be taken.
We still cannot talk about Jade’s case in detail, but the one complaint we know of was about noise. Had a properly trained person who understood dogs been able to go round at that point, perhaps action could have been taken. I would be the last to say that action could have saved Jade, but the fact that we do not take action at all, apart from saying, “Keep your dogs quiet”, means that we are liable to have more and more of those terrible attacks and tragedies.
I am delighted that we are able to debate this important issue in response to the seventh report of the Environment, Food and Rural Affairs Committee, on dog control and welfare. I welcome the report, which was exhaustive in the evidence it took and in its comprehensive insights on dog control and welfare.
The point has been well made that one difficulty we are experiencing, both in this debate and in governmental terms, is about who champions the matter in Government. A forthcoming Home Office Bill deals with one aspect, while other aspects, such as sentencing, are dealt with elsewhere. In his response, the Minister—good chap that he is—might want to identify the individual who champions the whole remit. In the absence of a holistic reform of dog welfare and controls, and given that we are dealing with it in a more piecemeal way, who champions the issue right across Whitehall? Who bangs heads together? Who chairs the committees in Government? Who drags the Home Office and others together and says, “This is the way it is all going to hang together.”? I think that role is vital, and it would be good to have information from the Minister.
I welcome the debate and thank the Committee members and its Chair, the hon. Member for Thirsk and Malton (Miss McIntosh), for their truly excellent work on this report and others that relate to such issues. It is right to recognise, as hon. Members have done, the intense suffering of many families who have been traumatised, not only through injuries, but through deaths in their families because of attacks by dogs. That includes most recently Jade Anderson, John Paul Massey four years ago and the 79-year-old pensioner, Clifford Clarke. It is true that they and others personify the tragedy of dog attacks, which has been so ably and eloquently set out here today by my hon. Friends the Members for Bolton West (Julie Hilling) and for Liverpool, Wavertree (Luciana Berger) and by other hon. Members, and in other debates. That gives us the stimulus we need; it is why we need to get this right.
I give immense credit to all the dog and animal welfare charities, the police, the Royal College of Nursing, other health care professionals, veterinarians, postal workers, represented by the Communication Workers Union, and many assorted others who have come together to campaign with immense unanimity and sense of purpose on the issue. I remember at one point a Minister—I am not sure whether it was this Minister, but certainly it was a predecessor—saying to me, “One of the difficulties is that there isn’t a unified voice.”
Well, there has been one for some time, and the people concerned are still pretty unified in demanding what they want; I shall refer to some of the details in a moment. They have played an excellent hand, and for the right reasons. That has to do with the issues that have been mentioned by all hon. Members here today, including the hon. Member for The Cotswolds (Geoffrey Clifton-Brown), who has great experience in this area. Those issues include animal welfare and breeding, as well as dog attacks and responsible ownership and what we can do in that respect.
On a personal level, I thank not only the CWU and Dave Joyce, but Mark, a postal worker from Pencoed, who took me out on his rounds delivering letters in my local patch and talked to me about this and other matters. I also thank Tina, who took me around Euston blindfolded with a guide dog. She took me through Euston and across the front of the station, through busy areas, to show me not only the expertise of guide dogs, the immense amount of training that they receive and how easily it can be lost if they are attacked by other animals or scared in other ways, but the real bond of trust that develops and how that trust can be so easily broken by an inadvertent or a deliberate attack on a precious companion animal or guide dog. Jonathan, a black lab, took me round the course, with Tina instructing me as we went. Jonathan was a black lab—not black lab as in Labour, but as in Labrador, although he could have been Labour. I do not know; he did not tell me at the time.
I also thank Blue Cross, the RSPCA, Battersea Dogs and Cats Home and others for the time they have spent with me on frequent visits to their institutions to see their work and how a multifaceted approach is needed to dealing with abandonment, stray dogs and breeding; I will come to some of the detail in a moment. On that basis, one message I have for the Minister, or one thing that I would like him to ask today and when his colleagues go into Committee with the Home Office Bill is, why not consolidation? I suspect that his civil servants, good people as they are, will have said, “There is a more pragmatic way to do this. Let’s do a little bit here and a little bit there and so on.” But there are real concerns about that.
It comes down to this point: how do we pull together a very comprehensive range of issues? They are not simply about sanctions, penalties and stepping in after the event. They are about education, early intervention, stepping in at an early stage when we see that there are problems to prevent them from getting worse, and dealing with what is now in some ways the factory turnover of dogs, and other animals, through the internet and elsewhere. How is that to be dealt with if we do not pull things together in a consolidated Bill? We come back to these points. First, who is championing the issue, and secondly, where is the overall strategy? We have little bits here and there. Many of those things I will welcome in my contribution, but other things could easily be lost. We have to do this properly.
One of the biggest lessons for us on the issue comes from what we did with the Dangerous Dogs Act 1991. That was a classic case of well intentioned legislation that had perverse consequences, which is why we need to get it right this time. The DDA was poorly targeted, which has led to good dogs being seized from good owners and all the personal trauma and inconvenience that go with that. We see dangerous individual dogs that are not from the four proscribed breeds and thus cannot be seized under the Act.
There is confusion. Veterinarians regularly tell us, “We find it hard enough ourselves to identify whether that dog is from one of the four proscribed breeds, but we know that that one needs to be lifted up, taken away and either retrained or kennelled for some time and re-homed with someone who will look after it.” Alternatively, they say, “We think that dog is dangerous, but we can’t actually get to it to lift it.”
The DDA was a classic piece of well intentioned but not well designed legislation. To get the legislation right this time, I urge the Minister, including in discussion with Home Office colleagues and others, really to think about it, because we may not have another good opportunity for a while to get the detail right and to work on the measure with very experienced organisations outside the House, with the EFRA Committee and its members, who have a great deal of knowledge, and with other hon. Members. Working with those people means occasionally giving way and acknowledging that some points that are well and democratically made from the Floor of the House may trump what the Minister is being told by his very able and expert civil servants.
[Mr Graham Brady in the Chair]
Does the hon. Gentleman agree that this is precisely the type of issue that needs to be widely consulted on, and that it is much better if there is broad consensus, just as it is much better if there is broad consensus on how the whole dog issue is to be regulated?
Very much so. The hon. Gentleman made that point well in terms of the organisational structure that is now giving input to Government and advising them. He is also right in terms of parliamentary consensus and outside organisations. There has been a fair degree of consensus on the holistic way to take this forward. Blue Cross is not the only organisation that is very strong on education and early intervention; so are many others. There is a degree of consensus on the issue, so the hon. Gentleman is right to urge me, as the Opposition Front Bencher, and the coalition Government to work together and to continue it. That might mean a bit of give and take on some things.
There are many points on which we agree with the Government. I have made it clear to the Minister and his colleagues in the other place that we want to provide support and ensure that the legislation goes through in the right shape. However, on the broad principles, in the long term we have to focus on deed, not breed, and replace crude lists of proscribed breeds with a much more holistic approach.
As to the medium term, we are with the Government, and the police, in their argument that we cannot scrap the DDA, despite my criticisms of it—because it is fundamentally flawed—without looking much more at causes than symptoms, without that holistic approach. For the moment, we have to focus on both deed and breed. We will have to do that until we get the whole package in place. In many ways, I regret saying that. I would like to say that we can turn a switch and do it now, but we are in a process. If we can get it right, we will get to the idea of focusing on individual owners and individual dogs, rather than castigating whole breeds or castigating pet owners or dog owners generally, but we are not quite there yet.
An overhaul of our approach is long overdue. We cannot yet discard one of the few tools that we have in the DDA, crude as it is, but I have to say to the Minister that it is more a blunderbuss than a rifle; it is more a cutlass than a rapier. Innocent owners and innocent dogs get caught up in it as well, which is a matter for regret.
On that basis, great care should be taken in extending the range of the DDA. This is one area where we are concerned about the line that the EFRA Committee has taken, because I understand that it suggested that we might extend it and add to it. I have some concerns about that, because we would be reinforcing the use of the blunderbuss approach. With all the concerns of veterinarians about identifying the right breeds and the development of mongrel mixes—huskies with other dogs and even wolf hybrids and so on—I wonder whether extending the DDA is the right approach. We should be ensuring that we get the mix right: we should be looking at the individual dog, looking at the individual owner and getting the packages in place to intervene very early before the dogs attack and we have to lift them. I am sure we will explore that in the Committee.
To put the hon. Gentleman’s mind at rest, I can tell him that when we looked at the issue in our second bite of the cherry, we focused much more, as I and hon. Members have said this afternoon, on the deed rather than the breed, for the simple reason that people can breed round a particular breed, so we would only be creating another loophole.
I welcome that intervention, and the fact that the Committee’s thinking has evolved based on more evidence. That is the right approach. We should explore such things to get the right evidence-based policy outcomes.
I want to spend a little time on the detail in dog control notices. The other day, I pointed out on the Floor of the House that we are not convinced by the Government’s explanations why dog control notices are not necessary and will not work. I will go through some of the reasons. Neither the Secretary of State for the Home Department nor her Minister could respond in detail to some of my questions, but my point was that they need a pretty compelling case why the Government’s approach is better than the one everybody else has lined up behind—all the organisations I spoke about. Everybody is arguing against it on the basis of not only what the Scottish Government have done, but the other examples of similar animal welfare measures that are used effectively in England already, and to which I alluded in the debate the other day.
We will have to test the measure to the point of destruction in Committee and test the Government on why they are sticking with it. We will try to persuade the Government of the arguments and persuade them to go further, and I shall explain why. We are far from being convinced that the Government’s proposals based around community protection notices and public space protection orders will deal with the individual circumstances of problem dogs and problem owners, rather than tackling all dogs and all owners in an area, district or region and so on, or that the proposals can be individualised to allow for early intervention.
We need to see that the proposals can be personalised and individualised, including aspects such as an individual dog needing to be muzzled in certain circumstances, a fence around a garden being maintained to an adequate condition, an owner being sent on a training course, a dog being neutered or restrictions placed on off-lead activity. We will be testing all those things.
We also need to see that the response before there is an attack and public safety is compromised is flexible and proportionate, so that the proposal does what all the organisations have been asking for: protects public safety and the dog’s welfare, rather than steps in afterwards. We are trying to get at the owners who are repeatedly termed “irresponsible”, which could be for a number of reasons, such as ignorance, lack of awareness or general malicious intent. We need to go towards them and their dogs, rather than having a blunderbuss approach.
indicated assent.
The Minister is nodding, so I know he is going to say a lot of good things in his response.
Are CPNs and the PSPOs—sorry for the jargon—a version of what has been termed a “DOGBO” for problem dogs and owners? If so—the shadow Home Office team will also ask Ministers about that in Committee—given the scale of the challenge and problem identified by the EFRA Committee and other hon. Members, what assurances do we have that such measures will be prioritised among the plethora of other powers in the Bill? An individual police chief constable, or his officers on the ground, must decide with the local authority and other community safety partners that dogs, among all the other challenges, are the pressing priority on an estate or in an area where there is a problem. Without a focus on dog control notices, the worry is that the issue will not be a priority and will become mixed up in the whole.
I see the Minister shaking his head and I know that he will come back on that issue. I am glad to see him suggest that that will not be a problem. He will explain today why that is the case.
Will there be adequate resources? I asked on the Floor of the House whether the problem with the dog control notice is that it instantly sends shockwaves through Whitehall and down to local government that resources must follow. If that is the case, let us be honest about it. If that is the problem, which it is, and if we agree on the scale of the challenge and the need to turn things round, which we do, let us have a frank discussion about how we resource this. We have rising dog attacks, injuries and fatalities; rising kennelling costs for local authorities and the police; and more people washing up in A and E units and costing the NHS money. The proposal has to be resourced; otherwise, we can pass all the legislation and regulation and employ all the nudge factors or whatever in the world, but we will not have an effect on the ground, as the hon. Member for The Cotswolds pointed out.
In the absence of dog control notices, how will the Minister ensure that the measures he proposes, among the plethora of measures in the Home Office Bill, will be adequately understood, not only by the police and community safety agencies, which are expected to enforce them, but by the public, who will come to our constituency offices and say, “We know of a problem,” or by a postal worker who says to my hon. Friend the Member for Bolton West, “We’ve identified a dog; I don’t know what to do about it.”? Will it be properly explained and understood, so that they can use the mechanisms at hand?
Are the measures too bureaucratic? One great advantage of a flexible early intervention approach is that we can get in early, without having to go back to a magistrates court or get another type of permission that requires 20 forms to be filled out. There can be early, gentle, soft, clever interventions, such as saying to an owner, “He hasn’t done anything yet, but there is a problem. You’ve had a visit from the RSPCA and the local health worker. They have both said that there is a problem. When you have visitors in your property, will you please muzzle that dog. What you do otherwise is up to you.” Will it be that sort of approach, or will a massive bureaucracy have to be gone through to take any action under the proposal?
I am grateful to the hon. Gentleman for giving way again, but I believe that we have time to debate these matters, which is a good thing. Does he agree that, if at all possible, such issues should be framed in legislation to keep people out of court but to have the desired result? A system of police warning, followed by a ticket with a substantial fine, if breached, would be one way of doing that.
I hope that the hon. Gentleman will be on the Committee—I will not be—because I think that is an intelligent observation. If he is not on the Committee, he ought to ensure that that point is raised at that stage. The idea of proportionate intervention may avoid the heavy-handed, further-down-stream measures, if we can get in early with a lighter touch. We also do not want to take unduly disproportionate measures against individuals who might be identified by a neighbour who says, “I’ve had enough of this one. I’ll go in and sort it out.” There must be some evidential test and measure to say whether there is an issue that we need to deal with. I agree entirely with what he said, both in terms of sanctions and the types of measure that could be deployed. We need flexibility, before we lift a dog or take stronger, more punitive action against an owner. In that way, we hope to reduce the number of attacks, rather than wait for them to happen and then take punitive action.
I asked in an intervention when the guidance will be issued. The proposals have been quite a while in fruition in the Home Office, and DEFRA Ministers have been involved as well. I am absolutely convinced that some form of draft guidance is being worked up in DEFRA, the Home Office or both combined, and that that can be presented at the earliest opportunity. For the benefit of taking the measures through and getting them right, the guidance needs to be presented in Committee, not on Report. If the Minister says that he cannot do it, I can tell him that I regularly did it as a Minister. I have been told by a Committee, “We need this next Monday,” and I have had to do it and tell my civil servants, “Do it.” I do not mind how rough and ready it is; we need it to be done.
I hope that the Minister and his expert team of civil servants will be able to provide that guidance so that the Committee can take the provisions apart. If he has difficulty with that, the Committee should, even in the absence of dog control notices, simply lift the current Scottish Executive guidance off the shelf and say, “How do we apply this to the Government’s proposals?” If the DEFRA measures are similar to those in Scotland, and they are going to do the same job, the Scottish Executive guidance should perhaps be the basis for the guidance DEFRA introduces.
I have one final, important point on DCNs. We need to know what protections and appeals mechanisms will be in place for owners. We need to get the balance right to protect good owners and good dogs. What protections will be there for them?
In short, we are not convinced that the Government have got this issue right or that their opposition to dog control notices is well founded. The Committee must urgently be given draft guidance so that we can test not only the Minister’s words and aspirations, but their tangible expression in black and white.
Let me turn briefly to a couple of other issues. We welcome the proposals to extend to private property the ability to prosecute somebody for an attack by a dog. We also welcome the fact that the Government have listened on the issue of trespass, but we will need to test in Committee what trespass entails, and that will include the issue of a property’s curtilage. Sheep dogs or other dogs belonging to farmers, but not just farmers, will often be free to roam in outbuildings. Such buildings are private property, and the dogs will be there for good reasons—often for animal husbandry reasons, because they are working dogs, not pets. We need to test how that will work, because we need to get it right.
In another expert contribution, the hon. Member for Camborne and Redruth (George Eustice) mentioned attacks on innocent political canvassers, although I am not sure there is such a thing. He made a very good contribution, and I hope he is also on the Committee. I will be down in his patch at the weekend, although not on an official visit; I am taking my son down to visit Exeter university’s Camborne campus, which is a fantastic mining, engineering and geology campus. I hope the weather there is good at the weekend.
Attacks on livestock and protected animals are another issue on which we agree with the EFRA Committee, and we need to look at it. Again, this is partly about taking a holistic approach. How do we pull things together so that not only guide dogs, assistance dogs and companion dogs, but a wide variety of other animals, are protected? Such animals are quite easily defined under the protected animal provisions of the Animal Welfare Act 2006. That may be the approach the Government want to look at, or there may be some other way. We certainly do not want to create a new list of animals—“We’ll have llamas, but not alpacas,” and so on. There is a ready-made opportunity under the Act to deal with the issue.
Several Members have mentioned the breeding and sale of dogs, and they are absolutely correct that we have far too many poor breeders. The EFRA Committee is correct that the threshold for licensing dog breeders needs reviewing, and I hope that will be part of the Government’s overall approach. Good dog breeding is to be welcomed, and good prospective owners welcome the fact that a dog has been reared and looked after well and that it has had all the medical treatment and some of the early elements of training, if appropriate, before they take it. However, through ignorance or sheer greed, far too many individuals out there are breeding to no good standard or to no standard whatever. Unfortunately, much of that spills out on to the internet. It amazes me—perhaps it should not—that there is now a trade in all sorts of animals on the internet. We have to accept that.
That takes me to my next point, on which the EFRA Committee also made some wise recommendations. We need to look at how we promote good, responsible advertising for animals on the internet, and the Government are doing some good work on that. We accept that there will be some advertising on the internet, but how do we stamp out the practices of those who are churning out dogs and other animals that will end up abandoned and wasted? Those dogs will wash up in kennelling, with all the costs that go with that, or in places such as Battersea Dogs and Cats Home, or they will be euthanased. That is an absolute tragedy.
I have touched on breed-specific legislation. I want now to touch on education, because we often miss this aspect. Many charitable organisations are doing great work on education, including in areas that commentators will stereotype, saying things such as, “The problem is on that working-class estate down the road.” Such views are not always true; there are plenty of problems with poor ownership and poor welfare conditions across all social groups. Organisations such as Blue Cross and the RSPCA are going into areas where they perceive there is a problem. They use the generous funding people have given them to do educational work. I would like to hear from the Minister how the Government tie that together. How do they assist and encourage that work? What do they add to it? If we are seriously going to tackle this wide-ranging issue, the Bill cannot simply be a Home Office matter—it must cover the other elements I have mentioned.
That comes back to my point about the Minister standing up and saying, “I am the one who is championing this through the whole of Government. I am the one who is banging heads together.” I strongly support the idea that a DEFRA Minister should be doing that, and I hope the Minister can do it. If he does not, I will be more than happy to speak to his colleagues, to bang their heads together and to say, “You should listen to the Minister as he brings forward a more holistic approach.”
There are some great initiatives out there, including Respect-A-Bull, which works with youngsters who go around with what they think are tough-looking dogs. The organisation promotes a responsible approach to dogs welfare and to taking out in public. There is some great work going on there.
I commend the Government on their microchipping proposals, although I repeat my criticism, which the Minister hates, that we have waited some time for them. However, they are there. I also commend the Government on the fact that they have gone further than we anticipated, which is welcome. They are not simply rolling things out stage by stage; they are saying that, on a certain date, we will have only mandatory microchipping.
The Chair of the EFRA Committee wisely said, “Let’s get microchipping right. If that requires until 2016, so be it.” However, I would like the Minister to answer the question posed by other hon. Members: why could this not have happened a little earlier? Are things not in place, and are they preventing us from getting this right by 2015? Is something really holding the process up? There may be good reasons for the delay, but I would like to hear them. I agree with the Committee’s Chair that we need to get this absolutely right. It is a welcome move, but it does raise a number of points, which were mentioned earlier. What do the microchipping proposals mean for the link between the dog and the individual? What do they mean for liability, culpability and people being held to account?
I do not have a dog, although I used to have loads of Jack Russells. I have cats now—I do not know what that says about me as an individual, but there we are. I will have a dog again at some point, when I am back home and retired, and it will be a Jack Russell. They are little dogs; they are lovely, great dogs—I am appealing directly to anybody who is listening who likes Jack Russells. Owners of other kinds of dog are saying, “We hate this guy. Those aren’t proper dogs.” That aside, I like the idea that owners should microchip their dogs and take full responsibility for them. If the dog is lost or strays, the owner should pass the information on, whether to a database or whatever. If the dog washes up in Swansea dogs home, Battersea or wherever, the owner should pay for the kennelling and take the dog back. That raises some interesting issues, but I welcome the Government’s moves, and we will test the proposals.
The hon. Member for Tiverton and Honiton (Neil Parish) raised the issue of liability and sanctions not only for owners who do not microchip, which is a very valid point, but for those who microchip, but do not control their dog or lose control of it. The fundamental question is whether microchipping is a stick or a carrot. Is it simply part of a lost and returned service, or is it more than that? The hon. Gentleman also mentioned adequate enforcement, which was discussed by other Members, including my hon. Friend the Member for Bolton West.
The hon. Member for The Cotswolds raised important issues about the bypassing of the existing Dog Advisory Council, and equitable access to DEFRA and Ministers. I hope that the Minister will respond, because although the process has been long and arduous, lasting decades, for some organisations, the great success that has now been achieved has been predicated on effective collaboration and getting people to agree. Anything that signals that priority is being given to one or other group would pull that apart, and none of us would want that. I commend the hon. Member for The Cotswolds for his long interest in issues such as breeding and hereditary health problems, and for his well known support for the work done by his constituent, Carol Fowler, to raise the profile of those issues.
I thank all hon. Members who have taken part in the debate. They have shown great expertise. I commend my hon. Friend the Member for Bolton West on the passion she showed, and my hon. Friend the Member for Liverpool, Wavertree on her interventions; she has spoken with families affected by this issue, and has provided them with access to decision makers including members of the EFRA Committee, Ministers and the shadow Secretary of State, my hon. Friend the Member for Wakefield (Mary Creagh). It is important to listen to such families and to try to get things right for them.
Fundamentally the issue is about tackling those owners who for one reason or another do not understand about the control and welfare of their dogs—their pets or companion animals. It is also about recognising that the majority of owners are good. We need to design policy that does not unduly affect the responsible owners while leaving the others aside: that must be its thrust. We look forward to working with the Government, and thank the EFRA Committee for its continuing work, which has flushed out some of the issues. I hope that in a few months we will be able to introduce part of what is required, and that the Minister will deal with all the other aspects of the matter. Then we can genuinely and radically take the action that we should have taken at the time of the Dangerous Dogs Acts. They were flawed: let us get this one right.
We have had an excellent debate. I commend the hon. Member for Thirsk and Malton (Miss McIntosh) on introducing it and on the work of her Committee on a crucial issue. I am also pleased to commend the Liaison Committee on choosing the subject as suitable for debate today.
Perhaps I should start by saying that there is much more that unites us on this subject than divides us. We are working to the same end, and have shared much thinking in policy formation. The hon. Lady was kind enough to point out areas where the Government have not only listened, but acted, to bring in measures that will, I hope, make a difference to the minority—I agree with the hon. Member for Ogmore (Huw Irranca-Davies) that it is a minority of dog owners—who, whether through ignorance, neglect, or sometimes, I am afraid, malice, end up with dogs that are a danger to others and a nuisance to the community. Such measures are what we need to achieve.
The hon. Member for Ogmore repeatedly asked me to declare myself “the one”, in a Mourinho sort of way —“the special one”—in relation to dogs. Rather shamefacedly, I must say that I am not actually “the one”: my noble Friend Lord de Mauley is. He has responsibility for those matters in the Department. However, I am happy to be “the one” as far as this House is concerned, and to respond to the debate.
Will the Minister confirm that Lord de Mauley—great chap that he is—chairs some cross-Whitehall group that pulls all the strands together?
Lord de Mauley has certainly been working closely with others, including the devolved Administrations, but particularly with the Home Office. There is a shared responsibility with the Home Office, and it is important that we speak with one voice, and come to the same conclusions. I assure the hon. Gentleman that such liaison has happened.
A Bill is before the House that will enact parts of our response to the undoubted issue raised by hon. Members, on which some have campaigned for a long time. I welcome the support that the Committee has been able to give to the Government’s position. There are several aspects of the matter on which we have gone further than was perhaps originally intended, in recognition of the strength of the Committee’s arguments. There are some areas on which we still do not have 100% agreement, and I shall deal with those.
The Anti-social Behaviour, Crime and Policing Bill, which amends the Dangerous Dogs Act 1991, had its Second Reading on Monday, and there was an excellent debate. The House broadly endorsed the Government’s approach. The Bill includes provisions that will extend the 1991 Act to all places, including private property. It provides legislative backing for the police and Crown Prosecution Service to pursue prosecutions for attacks on private property. That will reassure victims and their families that the law is on their side. I hope that once the Bill is passed the circumstances that the hon. Member for Bolton West (Julie Hilling) is all too familiar with, and which she spoke about forcefully in the House, will never again arise.
The Bill for the first time incorporates an aggravated offence, under the 1991 Act, of an attack on an assistance dog, recognising the terrible consequences of such an attack. That is important: an assistance dog is almost an extension of the person with whom it works. It is part of that person’s being, and an attack on a guide dog or hearing dog makes a huge difference to their life. It is right to clarify and extend the law in that way.
The Bill will also clarify the fact that courts should consider the character of the owner when taking decisions about dogs of prohibited types, and dangerously out-of-control dogs. That point was raised by several hon. Members: it is not the breed, but what the individual dog is doing, that is important. There is no breed that cannot be dangerous in the hands of an irresponsible owner. Sometimes that fact is taken to considerable lengths, because there are people—a very small number—who deliberately have dogs that they use as weapons, to intimidate and on occasion actually cause hurt to another person.
That leads me to a point raised by the hon. Member for Bolton West: new legislation is not needed to deal effectively with a dog being deliberately set on a person to injure them. It would be covered by the Offences Against the Person Act 1861, and the maximum penalty would be life imprisonment. The question of the appropriateness of the maximum fine level does not apply: the law treats such action as a very serious offence, and the prosecuting authorities have the capacity to deal with it.
The Bill would also provide the police with discretion to use the civil route in cases involving prohibited types of dog, with improved welfare, reduced kennel time and police savings in time and money. It would provide comprehensive powers for the authorities to take preventive action to stop dog attacks and nip issues in the bud, through, for example, a community protection notice.
That issue was raised by many hon. Members in the debate, and we need to discuss the fundamental question whether our proposed measures in the Anti-social Behaviour, Crime and Policing Bill treat the same issue and have the same rigour as the so-called dog control notices that many advocate. My answer is that they do. In fact, they are an even more flexible tool.
I accept, however, that we need to substantiate that position and satisfy people’s concerns. One thing I would say to everyone involved in the debate is, “Please let us not get hung up on the label of dog control notices.” It is profoundly unhelpful to the debate about providing protection if the only thing people are arguing for is something with that name, rather than something that does what they want to see done. That is my first point.
Secondly, many people have pointed with approbation to what is available in Scotland, saying, “That is the answer. Why on earth are the UK Government so stupid or obstinate as not to follow the Scottish route?” Of course I respect what the Scottish Government do and the measures they introduce, but we need carefully and critically to consider whether the dog control notice legislation in Scotland achieves the objectives it was set. There is some evidence from Scottish local authorities that the notices are not working as well as hon. Members would believe—if, indeed, they believed everything that was sent to them.
At the 21 May meeting of the cross-party group on animal welfare in Edinburgh, Scottish local authorities expressed a number of concerns, which highlighted the ongoing problems with the dog control notice—or DCN—system. The meeting was also attended by a number of dog welfare organisations from across the UK, and a series of detailed problems were identified.
A dog control notice in Scotland must be served by two officers, and any breach needs corroborated evidence from two officers to pursue a case, which is a limiting factor in bringing successful conclusions. A person who is served a dog control notice must attend the council offices, or two officers must visit their home, so it is hardly the on-the-spot mechanism that some have suggested it is. A dog has to have been out of control on at least one occasion before a DCN can be served, so the measure does not nip the issue in the bud. Since some people have strongly advocated that we need to be able to identify the problem before it happens, I am not sure that the notices satisfy that test.
Another problem is that the police in Scotland have no powers to serve DCNs; only local authorities do. Importantly, there is no requirement for a dog owner to advise their local authority if they re-home a dog with another owner, or to inform it of the new owner’s address. A potentially dangerous dog, therefore, can easily appear in a different local authority area with absolutely no recourse.
We need to make clear what the DCNs in Scotland do that we do not and, likewise, what we can offer that DCNs do not. When we have done that critical comparison, I hope that hon. Members will take a view as to whether we are working on the right lines. I perfectly understand the concerns, but I ask people to treat the arguments with the necessary respect and care, rather than simply adopting the slogan that this is the only possible solution to the problem.
That is where we need detailed and careful examination of the proposals. I accept the point that the hon. Member for Ogmore made—that part of that process will be to consider the guidelines—but I cannot give him an absolute commitment that the guidelines will be ready for Committee. I wish I could, but there is a very good reason why I cannot: we are working carefully through the issues, with the various dog welfare interests, the police, the local authority associations and everyone with a professional interest in the matter, so that we get the guidance and the compass of the notices right, and the hon. Gentleman’s demands are met.
I do not want to speak out of turn or put words into the mouths of other organisations—that would be inappropriate—but we have generally found that when we have been able to explain the benefits to interested organisations, and have done a “compare and contrast” between what they hope could be achieved through dog control notices and what we believe we can achieve through the new orders, they acknowledge the facts.
I hope that hon. Members do not see this as patronising, because that is not my intention, but there is sometimes a lag between what hon. Members are aware of as concerns and the solutions to those concerns. I hope that there will be a catching-up regarding the briefings that some people have received—from the Local Government Association, for instance, which now welcomes the antisocial behaviour measures and accepts that they will enable local authorities to do a lot for dogs.
I am tempted to use, or subvert, an old adage, and say that I have been patronised in better places—as indeed I have.
If the Minister cannot introduce the guidance at short notice, I suggest that he introduce in Committee, or even before, the comparisons he has talked about, along with any other detail. The more we have in black and white to work with, the more we might be assured. Alternatively, we might say that we are far from assured; nevertheless, we need in front of us whatever he has.
I very much understand that, having sat in more Bill Committees over the years than I care to enumerate. I recognise that that is exactly what the Public Bill Committee will wish to do, in examining the notices. What I hope will emerge is that the antisocial behaviour measures provide a flexible package that will deal effectively with irresponsible dog owners, and will do everything available under a DCN, and more.
When the hon. Gentleman was saying, “Will it do this, will it do that?” he saw me nodding. That was because I had a sort of mental checklist, and was thinking, “Yes it will do that, yes it will do that.” It could include, for instance, positive requirements for an individual to attend training classes or to keep their dog on a lead—that sort of specificity.
There is a view that we are talking about a broad-brush area-based measure, but that is not the case. The measures are intended exactly as we are saying—to address the issues of a person with a dog that might get out of control, and to be able to deal with that at an early stage. Crucially, they are personal to the owner and not the dog—a point stressed by everyone—which is an important difference between our measures and the dog control notices. The focus must be on the individual understanding of the person’s responsibility for the animal under their control, and what they need to do to improve their management of that animal.
My expectation is that once people understand both the flexibility and the compass of the proposals, they will accept that such matters are covered. However, it is not for me to pre-empt discussions in Committee. I simply invite Members in each place to approach this with an open mind and to see whether the items on their individual mental checklists are ticked off.
Incidentally, public space protection orders will directly replace dog control orders, which will enable local authorities to impose the same restrictions, while also consulting on other issues in the vicinity.
I think that all that will do the job, but I completely recognise that Members need to be persuaded, which is why I invite them to consider the evidence carefully.
That is difficult for me to answer, because it will be in the hands of local authorities in combination with the police. I can only express the hope that such behaviour will be a key area, but we will not give it a greater priority just by giving it a different name. Either it will be seen as something that local authorities and constabularies need to address, or it will not. I hope and expect that local authorities will address it because of all the cases that hon. Members have recited, which we all recognise as extremely serious. If they do not do so, I hope that they will swiftly be reminded by their constituents that they need to give that matter proper care. It would be meaningless for me to give her a blanket assurance, other than to say that that is certainly my expectation.
Another issue that has repeatedly been raised, with several Members covering common ground, is consolidation of legislation. I perfectly understand the argument that it is nice to have a neat legislative bundle with everything that relates to a particular subject. The fact is that English and Welsh law is not like that, and never has been. Consolidation is quite difficult to achieve, and we have sometimes found that consolidated legislation misses out important elements of former legislation. To be perfectly honest, I am not convinced that the substantial resource required to consolidate legislation is worth it, because practitioners perfectly well understand the legislative tools at their disposal.
We should instead concentrate on consolidating our approach to, and our strategy for dealing with, dog control and welfare issues. That is different from getting the legislation into some sort of legal Napoleonic code. For instance, when we considered consolidation, we found that the provisions are reasonably accessible and that there is no great confusion. It certainly has not been brought to my attention that there are significant confusions in existing legislation.
If we consolidated, would we retain all the civil and criminal options currently available? Some people ask why on earth we rely on legislation from 140 or 150 years ago, but such legislation is sometimes a good basis for dealing with illegal activity. Many practitioners have told us that it would be a great mistake to consolidate the Dogs Act 1871 into current legislation because it is very useful and covers some areas that are not obviously covered by other legislation.
I hear the arguments for consolidation, but, first, we could not have introduced the measures before the House in the time scale available—that is important, because this is urgent—and secondly, it would not necessarily achieve anything. I agree with the hon. Member for Ogmore that we must ensure that we provide perhaps a single set of guidance—I shall talk to my noble Friend Lord de Mauley about whether that is appropriate—so that everybody knows what applies, how it applies and how best to use it to achieve Parliament’s objectives.
I thank the Minister for his explanation. To give him some comfort, when I was in his position and I was asked to consolidate legislation, wise civil servants always said, “Keep well away from it. If you do that, we will not be able to do a dozen other important things, because of the timing.” If that is his approach, I urge him to consider how to bring forth a more consolidated strategy across Government, and not just have a piecemeal approach. All the issues that we have talked about show the clear necessity of having a joined-up approach—not just in Whitehall, but in local government and agencies—to deal with a range of measures. If we are not going to have consolidated legislation, we certainly need a joined-up strategy that is down in black and white.
Having now conceded the fact that when the hon. Gentleman was in my position in government he received exactly the same advice about consolidated legislation, which he has just called for, he has now mirrored my advice to him that there is a case for a consolidated strategy. That is a clever bit of opposition—he first asks for something on which he knows that the answer will be no, and he then, when I give him something on which the answer is yes, asks me to do it.
I will certainly discuss with my noble Friend whether the matter commends itself to him, and he will need to work on it with other Departments. I can see the strength of the sentiment behind being very clear about how we bring together holistically the various elements relating to dealing with dogs. I simply reject the view that we should spend a lot of parliamentary time on trying to fit together various bits of legislation that do not fit well together, some of which have criminal standards of proof and some of which have civil.
It might be a good examination question—we sometimes refer such matters to the Law Commission for their erudite musings—but I do not particularly want my Department to spend time on that at the moment. I am not being flippant; I am simply saying that that is not the most pressing thing, because it would not improve the effectiveness of what we are doing.
On microchipping, which several Members mentioned, I am grateful for the support expressed for what we are doing. It is absolutely essential to get it right and that implementation is successful. We are working closely with everybody who has a direct interest, such as the Association of Chief Police Officers, local authorities, Battersea Dogs and Cats Home, Blue Cross, the British Veterinary Association, Dogs Trust, the Kennel Club and the Royal Society for the Prevention of Cruelty to Animals. We will ensure that, as far as possible, we get the message across to the great bulk of the public that they now need to do microchipping. We are working with database operators and the microchip manufacturers and implanters to address standards and ensure quality and consistency.
My hon. Friend the Member for Tiverton and Honiton (Neil Parish) made the point that the onus is on owners to maintain the data on the microchip. It will be an offence not only not to microchip a dog, but, just as for a vehicle registration, to have inaccurate information on the registered database.
We have addressed the issue that some dog owners do not have much financial resource available and may see microchipping as a difficult cost to bear: free microchipping is accessible through Dogs Trust, Battersea Dogs and Cats Home and Blue Cross centres—35 in total—and some local authorities also offer free or discounted microchipping. I am grateful to everybody working on that, and to the Kennel Club for providing free microchip scanners to all local authorities.
This is a good opportunity to promote national microchipping month. Its launch a week ago was most successful. It was hosted by my hon. Friend the Member for Tiverton and Honiton, who is not in the Chamber at the moment. We are progressing on the issue in what I hope is an effective way.
I say to my hon. Friend the Member for Tewkesbury—
I am sorry; I am behind the times. It was Tewkesbury. I say to my hon. Friend the Member for The Cotswolds (Geoffrey Clifton-Brown) that we would love to move more quickly, but all the advice says that we are moving at the most sensible rate to get to our objective. We will ensure that microchipping starts with puppies and is extended to the whole dog population. In my view, the most important thing is to get it right and have something that is usable in tracing back to their owners not just all the dogs that go missing each year, but those that cause nuisance. Hopefully, we will be able to connect them to an owner rather more easily than at the moment.
Of course, some owners will not microchip, just like the huge number of people mentioned by the hon. Member for Thirsk and Malton who ignored dog licensing procedures when they were in place. There will be some who will simply not want to do it, but at least now there will be an offence. When a dog is found, if it does not have a microchip and we can trace it to an owner, that owner will have committed an offence. No licensing system is perfect, but this will certainly go a long way.
I thank the Minister for his detailed responses. I do not want to pre-empt subsequent Committee consideration of the Home Office Bill, but if a microchipped dog identified to have been part of an attack on a companion dog or an individual is traced back to an owner, what will the repercussions be?
That pre-empts not only the legislation, but the secondary legislation that we are introducing, although of course we will answer in due course. It will be an offence, so there will be a penalty. The offence, in the first instance, will be failure to keep the information up to date, but if the information is there and we can trace the dog back to the owner, it will depend what the dog has done and the circumstances.
I should mention an important point. Having discussed the circumstances, I should give some reassurance to my hon. Friend the Member for Camborne and Redruth (George Eustice) that the courts will be able to take into account the circumstances of the case. We will have to return to the discussion about what comprises curtilage of a property, what a dwelling is and so on.
There is a difficulty of definition. We certainly want to deal with the issue of the postman or the political canvasser who gets bitten by a dog out in the yard or garden, where they have perfectly legitimate business, but we also do not want to penalise the householder whose dog is doing its job of protecting property against an intruder who has no business there. Getting that balance right is critical. When someone is within a house, it can reasonably be assumed that unless they have been invited in, they must give a strong argument for why they have legitimate business in the house rather than being an intruder.
It is different for a garden, or sometimes even a shed. A child going to pick up a football that has been kicked into a garden should not be set upon by a dangerous dog. They may be an intruder, but they are nevertheless not a burglar or anyone with malicious intent. A public interest test must be satisfied before a prosecution can be brought. I hope that the guidance to the prosecuting authority will make that distinction clear. It might satisfy the difficulty that Members have correctly spotted with the definition of what exactly comprises the area that we are discussing.
I cannot answer that because the council is not a body of Government; it is independent of Government. Perhaps my hon. Friend needs to have a discussion on this matter with Michael Seals, the chair of the Animal Health and Welfare Board for England. I am happy to try to arrange that for him if it would help. It would be wrong for me as a Minister to assume responsibility for something that is not within my control, but I am, none the less, happy to try to oil the machinery that allows him to get the answers he wants.
I have, as my hon. Friend the Member for The Cotswolds reminded me, spoken for some time now.
The Minister is being generous. I do not want to take time away from the hon. Member for Thirsk and Malton who will be responding to the debate, but I am not sure whether I missed the Minister addressing the question of cattle, horses, llamas and alpacas. Will he explain the Government’s current thinking on them?
I am grateful to the hon. Gentleman, because I did miss that out. At the moment, there is no evidence to support the necessity of extending the definition of livestock in the Dogs (Protection of Livestock) Act 1953 to include camelids. Obviously, we will keep the matter under review. I do not wish to trivialise the matter, but, in my experience, camelids generally are quite capable of looking after themselves in most circumstances and would not take kindly to a dog yapping round them. If there is evidence that they need adequate protection, I am happy to provide that.
I reassure hon. Members that we do not need specific legislation if there is an emerging problem, because there is recourse to justice through the Dogs Act 1871, which I mentioned earlier, the Animal Welfare Act 2006, and the Criminal Damage Act 1971. Indeed, the new antisocial behaviour measures that we are introducing could be brought to bear as well. We will continue to talk to all the organisations that are involved. If there is a strong view that further protection is needed, we will give it consideration. At the moment, though, we do not feel that a case has been made. I absolutely agree that we do not want a new prescribed list; that is not the way to do this sort of legislation. The generic protections that are in place are more useful than anything else.
I hope I have answered exhaustively all the questions that have been raised—looking at the exhausted faces around the room I think I probably have done so. This has been an extremely useful debate. I thank the Committee for its care in introducing the report and the valuable points it raises. I hope that during the proceedings on the legislation before the House we will be able to tease out yet more details of what is proposed, and that at the end of the day we will have in place exactly the sort of holistic legislation that people have been calling for and which is crucial to deal with the small minority of dog owners who simply are not up to the task.