Responsible Dog Ownership

Ian Lavery Excerpts

Tuesday 26th February 2013 Westminster Hall

[Ian Lavery (Wansbeck) (Lab)]

As ever, it is a pleasure to serve under your chairmanship, Mr Gray.

Responsible dog ownership may not be at the top of everyone’s political agenda, and it might not be at the top of every party’s political agenda, but, nevertheless, it is of national importance. I look forward today to addressing a number of issues that have been raised over the past few years.

The UK is a nation of dog lovers. I dare say that the majority of dogs are kept as pets by loving owners and families. Children adore the tricks and licks of their loving pets. Of course, the elderly generation often keep dogs for personal affection and constant companionship.

Following the last general election, the coalition Government said they would

“promote responsible pet ownership by introducing effective codes of practice under the Animal Welfare Act, and will ensure that enforcement agencies target irresponsible owners of dangerous dogs.”

That has not happened. This morning’s debate will accentuate the weakness of the coalition’s recent proposals and announcements on dog ownership, and hopefully provide a robust framework for cross-party agreement on much stronger and more detailed legislation to be introduced sooner than the Government currently anticipate. There is cross-party agreement on most parts of the announced legislation, and there is not much difference between the parties other than perhaps on the timing of the required legislation’s introduction.

The statement by the Secretary of State for Environment, Food and Rural Affairs on 6 February was described by the Select Committee on Environment, Food and Rural Affairs as “belated” and “woefully inadequate.” The Committee called for the Department for Environment, Food and Rural Affairs urgently to introduce a Bill to consolidate fragmented legislation on dog control and welfare.

Additionally, the Chair of the Environment, Food and Rural Affairs Committee, the hon. Member for Thirsk and Malton (Miss McIntosh), said:

“Current laws have comprehensively failed to tackle irresponsible dog ownership. DEFRA’s belated proposals…are too limited.

Since 2007 dogs have killed seven people, including five children, in private homes…More than 100,000 strays are found each year; incidences of cruelty and neglect are rising and many dogs are out of control due to the irresponsible or deliberate actions of a minority of owners.

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; and fails to reflect the impact that poor breeding and training by irresponsible owners can have on a dog’s behaviour…New rules should give enforcement officers more effective powers, including Dog Control Notices, to prevent dog-related antisocial behaviour. Local authorities need to devote more resources to the effective management of stray dogs.”

The hon. Lady has done terrific work on dog ownership, which is an important topic, and she is much in line with the views of Opposition Members. Dog ownership is a massive issue, and the responsibility that comes with ownership increases almost daily.

Mr Gray, may I gently stray ever so slightly to the issue of stray and loose horses? I do not often get the opportunity of having both the Minister and the shadow Minister, my hon. Friend the Member for Ogmore (Huw Irranca-Davies), in the same room. In my constituency there is an issue with wild and loose horses. Mr Gray, I see that you are shaking your head to suggest that I should not stray on to that ground, but perhaps the Minister will agree to meet me to discuss that out-of-hand legislation. [Interruption.] Thank you, Mr Gray. [Laughter.] I have in my notes, “will not be accepted by the Chair.”

Dog ownership is an important issue, and I have some key facts and figures that are quite enlightening. There are approximately 9 million dogs in the UK. Every year 250,000 people attend GP surgeries, minor injury units or accident and emergency departments after being bitten by dogs, and there are more than 6,000 hospital admissions resulting from dog attacks. The cost of dog attacks to the NHS is probably some £10 million. There are some 5,000 dog attacks on postmen and postwomen each year, of which 70% are on private property where irresponsible owners are immune from prosecution. That is obviously another major part of the debate.

The number of dogs dangerously out of control continues to increase. Police, local authorities and animal welfare groups work together in a few areas to promote responsible dog ownership, but only on a voluntary basis. Fourteen people have been killed in dog attacks since 2005—eight children and six adults—and hundreds of children received life-changing injuries and disfigurements during the same period. Enforcement action and the number of prosecutions remain low, as do court penalties.

Some 8 million dogs are kept as pets in the UK, yet there are many stray dogs running wild on our streets. Experts suggest that during 2011-12, nearly 120,000 stray dogs were found, of which 7% were destroyed. Having 120,000 dogs running wild hardly demonstrates responsible ownership. Despite our dog-loving culture, many people seem to be afraid of loose dogs, which is understandable. A pack of dogs running towards someone is a frightening experience, and I am sure it has happened to most people in this room. Whether or not the dogs appear vicious, people tend not to enjoy such an experience. Many of those animals are quite domesticated; they are not wild dogs or banned breeds, but they are set loose to God and good nature by their irresponsible owners or get loose by other means.

This year, a survey on stray dogs conducted by Dogs Trust reported a 24% rise in the number of individuals convicted of cruelty and neglect to dogs, which is shameful. There was a 22% rise in convictions related to dogs and a 21% rise in disqualifications from keeping animals. Again, those are hardly the signs of a dog-loving nation. The figures are frankly unacceptable in any civilised society. Due to many problems and many more false dawns, progress on responsible dog ownership and regulation has been slow.

The announcements made earlier this month by the Secretary of State for Environment, Food and Rural Affairs set out the Government’s proposals concerning dogs. They include measures on the compulsory microchipping of dogs, the seizure of dogs and the extension of the law to cover private property. On 15 February 2013, the Select Committee on Environment, Food and Rural Affairs published a report following its inquiry into dog control and welfare. As I mentioned, the report—“Dog Control and Welfare”, HC 575—made a series of recommendations and was critical of the Government’s approach. Concerns are rife about the poor condition of many dogs, including those bred for sale and those connected to pedigree breeding.

As I mentioned, incidences of out-of-control dogs have been increasing in the UK. Statistics show that 210,000 people are attacked by dogs in England annually, including 6,000 postal workers. It is not just postal workers but visitors to people’s properties: people going in through the back door or the back gate, doctors, nurses, postal workers and other communication workers. All those people are suffering greatly because of the current legislation on public and private land.

Since 2005, 14 people have been killed by dogs, the majority in their own homes. Many organisations are working assiduously on responsible dog ownership, and there are some shining examples, including the Royal Society for the Prevention of Cruelty to Animals, Dogs Trust, the Communication Workers Union, Blue Cross, the Battersea Dogs and Cats Home, the Retired Greyhound Trust and many others. They deserve credit, as I am sure we will agree throughout this debate. Without their assistance, I am not sure where we would be on welfare and responsible dog ownership.

The RSPCA believes that prevention is better than cure. It says that the Department for Environment, Food and Rural Affairs had a golden opportunity finally to tackle the big issues, but instead merely tinkered with existing legislation rather than making the comprehensive reform called for by dog law enforcers. The RSPCA believes that preventive measures, such as dog control notices, are required, as well as the introduction of dog registration to improve ownership, and education on dog welfare and safety. Such measures could prevent suffering to animals as well as protecting public safety where there are concerns that owners are failing to control their dogs or do not know how to do so effectively.

The CWU has campaigned hard and is continuing to do so, because its members are experiencing increasing problems with dogs and the irresponsible actions of their owners. The CWU launched its “Bite Back” campaign in 2008 following two horrific attacks on postal workers in Sheffield and Cambridge, when both victims were nearly killed. Some 23,000 postal workers have been attacked in the last five years. The “Bite Back” campaign has achieved dangerous dog law changes in Scotland and Northern Ireland and secured the introduction of the Control Of Dogs (Wales) Bill by the Welsh Assembly, with full cross-party support.

The CWU is seeking similar positive changes here in England. There is a worry that for whatever reason, England has been left behind in those positive national changes. The public have a picture in the back of their mind of a postie being chased around the garden, which they find quite humorous—it has been the focal point of many jokes and cartoons—but it is not really funny when we scrape the surface. Let us look at the frightening statistics involving ordinary people. Some 23,000 postmen were attacked by dogs in the last five years, or 5,000 every year. An average of 12 are attacked every day, and as I just explained, two were nearly killed in 2007-08. Dog attacks peaked at 6,500 in 2008. Action is required now to introduce legislation not only to promote responsible dog ownership but to enforce it legally.

[Roger Williams (Brecon and Radnorshire) (LD)]

I congratulate the hon. Gentleman on securing this important debate. He is giving comprehensive statistics on ownership and problems with dogs, but so far he has not mentioned irresponsible dog breeding, which lies at the heart of the issue. As long as there are irresponsible dog breeders, we will always have irresponsible dog owners and dogs that get out of control.

[Ian Lavery]

I thank the hon. Gentleman for that intervention. I have mentioned dog breeding, but only slightly, and I agree fully with those sentiments. There are so many issues involved in responsible dog ownership. That is a main issue, and I hope to cover the rest later in my contribution.

The first of the three main issues arising from the written ministerial statement was a requirement that dogs be microchipped with the owner’s details. The second was a change in the criminal law, in section 3 of the Dangerous Dogs Act 1991, to extend the offence of a dog being dangerously out of control to all places, including private property. The third was to allow owners of dogs seized as suspected dangerous dogs or prohibited types to retain possession of their dogs until the outcome of court proceedings.

The Secretary of State said that microchipping makes a clear link between a dog and its owner. More than 100,000 dogs stray, are lost or are stolen each year, and many must be kept in kennels before being re-homed. A microchip allows them to be reunited quickly with their owners, reducing stress for dog and owner alike. It will also lead to substantial savings for local authorities and welfare charities, which spend some £57 million a year on kennelling costs, and will mean that fewer dogs are destroyed. Up to 6,000 are put down each year because their owners cannot be found.

The Government announced the introduction of regulations to require the microchipping of all dogs in England from 6 April 2016. After that date, owners will need to have their dog microchipped and registered on one of the authorised commercial databases available, and they will have to register the details of any new owner before they sell or give away a dog. Owners will be required to keep their contact details up to date on the microchip databases.

[Caroline Nokes (Romsey and Southampton North) (Con)]

I congratulate the hon. Gentleman on securing the debate. I fear that I might be about to incur the wrath of the Chair, but does the hon. Gentleman agree that it is imperative that any database, and the registration of changes of ownership, must be absolutely robust so that we do not end up with a situation like the passporting of horses? There are 75 passport issuing organisations, and nobody has confidence that a given microchip and passport link to the right horse. Does he agree that in the case of dogs, we must ensure that the system is absolutely robust?

[Ian Lavery]

Yes, of course. I fully agree, and will probably cover the issue in the next few minutes. If we are to have microchipping, it is extremely important that it is absolutely robust and foolproof. If we cannot guarantee that, we will be wasting our time.

The progress made on microchipping has been well received by all parties; it is one of the most important parts of the statement. There is still a lack of clarity, and some might say an undoubted dragging of feet, on the potential introduction of legislation in 2016.

In the Minister’s response, I should be delighted to hear further clarity on microchipping: the age at which dogs will be required to be microchipped, whether there will be any exemptions, how the law will be enforced, who will carry out the enforcement of the law and how it will be funded. Does the Minister expect enforcement to be proactive or reactive? Will microchipping a dog actually prove ownership of the animal? That is important. If a local authority receives a stray dog that is not microchipped, and if it is not claimed but in kennels, will the local authority be able to microchip the dog and re-home it? Will the requirement to keep contact details up to date on the database be cheap for dog owners? Will there be a maximum fee, to ensure that the introduction of microchipping, although most welcome, is not cost-prohibitive for many people? A lot of vulnerable people have dogs and cherish them. What education and awareness- raising will DEFRA do over the next two years to encourage compliance with the microchipping regime?

The second major issue is the suggested amendment of the Dangerous Dogs Act 1991. Extending section 3 to cover all places, including private property, is a major step forward, and will be welcomed on both sides of the House. It will extend the law and give better protection to people in their own homes, as well as to those I mentioned previously who enter private property, such as postal workers. Again, however, more clarity is required. For example, will the extension cover going inside a private dwelling, or will it remain at the front door and just cover the front garden? What private property will the law cover? Will there be a defence for dog owners protecting their property and, if so, what will it be?

Any amendment is important because the legislation is important. To effect the change in the law, DEFRA is to introduce amendments to the Dangerous Dogs Act as soon as parliamentary time permits. Put simply, there is not much disagreement in the Chamber this morning, but I disagree about the timing: it is not good enough to say that the legislative changes on private property will be introduced when there is parliamentary time. We need a guarantee that the legislation will be introduced at least in this Parliament. Indeed, we need to ensure that the legislation is introduced as soon as possible—this week would be fine as far as many people up and down the country are concerned. The Dangerous Dogs Act is seen by many as extremely poor legislation and as wholly ineffective, so it would be better to have consolidated legislation covering everything, rather than tinkering with other pieces of legislation.

The third major issue is the seizure and kennelling of suspected dangerous dogs. To ensure the welfare of suspected prohibited dogs that have become the subject of court proceedings and to ease the substantial cost to the police service, the Government have decided that the police will no longer need to seize and kennel such dogs pending the outcome of court proceedings if they do not consider the dog to present a risk to the public. The police will have the discretion to release a suspected prohibited dog when they are completely satisfied that it is in the care of a responsible owner. They will be allowed to put extra restrictions on the owner, such as requiring the dog to be muzzled and on a lead when in public. Such changes will be made by way of amendment to the exemption scheme, and can be done through secondary legislation. Someone mentioned this being the animal equivalent of an antisocial behaviour order, an ASBO, suggesting it should be a DOGBO. I have not seen that before, and I am not personally convinced, but the cross-party line is fully supportive.

The Government consider that allowing suspected prohibited dogs to be exempted from seizure in those circumstances strikes the right balance between protecting the public from potentially dangerous dogs and ensuring that the dogs are safely and properly looked after and not unnecessarily removed from their homes. There needs to be clarity on the issue. I am concerned that one or two dogs might slip through the net. I am not sure that the police are properly qualified to identify vicious or dangerous dogs. A beautiful white poodle could be totally vicious, and the biggest dog in the world could be quite placid and not vicious at all. Let us be honest about that: categorisation is difficult. The police are extremely talented at deciding about individuals and personalities from how they react, but I am not sure that they are well qualified to determine which dogs may be vicious and what owners must do to retain possession of their dog during a court case, if indeed they want to.

Further clarity is required. For example, is the Government’s proposal to allow dogs to remain with their owners effective at the point of potential seizure, or at the discretion of the police once the dog has been seized and kept in kennels? Has DEFRA made an estimate of the percentage of dogs seized each year that are likely to be affected by the proposal? If so, what is that percentage and how did the Department arrive at it? Why has DEFRA not looked at the court processes more closely, to require a time limit on expert witness exams for all dogs seized? I have already posed a whole number of questions, to which I have added more, but many issues need clarification, probably on all sides, to continue constructive dialogue.

With the Environment, Food and Rural Affairs Committee highlighting the need for a more fundamental approach to dog control, will the Government commit to updating and consolidating all dog control legislation? Will DEFRA commit to asking the Law Commission to conduct a review into dog control legislation, as per the Select Committee recommendations? Will DEFRA be providing any new money for training and education? The money that was mentioned in the written statement and subsequently, which I have not discussed yet, appears to have been spent already, as far as the Opposition can see. There is no new money.

I want to place on record my congratulations to my own authority, Northumberland county council: the public protection service’s animal welfare team has been awarded a gold footprint in this year’s RSPCA community animal welfare footprints scheme. The team at Northumberland county council ensure the highest standards of stray dog welfare during the collection and kennelling process; they carry out proactive work to educate owners and preventive measures to reduce strain and long-term stays. Although some north-east councils have achieved the silver and bronze awards, Northumberland was the only council in the north-east to achieve the gold footprint award in 2012, so good on it. It is good to see that in my region we are being proactive in putting the right resources into responsible dog ownership.

Members might be aware that I have an interest in greyhounds—indeed, I have owned and raced a number of them in recent years, with varying success—and I have been a very responsible owner. The greyhound is a truly remarkable athlete. It is one of the oldest breeds in the world: it is mentioned in the Bible, in Chaucer and in Shakespeare, no less. It is arguably the most protected of all canine breeds. The introduction of the Welfare of Racing Greyhounds Regulations 2010 under the Animal Welfare Act 2006 was a major advance, helping to raise welfare standards across greyhound racing, and we can take a leaf out of that book. All the 30 or so greyhound tracks in England must be licensed and inspected, as must their owners and their owners’ properties. That is about responsible ownership. The Greyhound Board of Great Britain is the regulator and looks after greyhounds’ welfare in the UK.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

A few years ago, I was involved in a campaign about the horrendous disposal of greyhounds after their working life. Greyhounds are given to people who kill them and bury them. One person was found to have buried hundreds in a field that he owned. Greyhounds may be looked after when they are running, but, sadly, their welfare after they finish running is really suspect.

[Ian Lavery]

I thank my hon. Friend for that. That is a wholly different issue. I have been involved with greyhounds all my life. There was an horrendous episode in Seaham, in the north-east; it was like the killing fields of greyhounds. That spurred the Government to introduce the regulations that I mentioned, so that every greyhound must be microchipped, and every greyhound is now microchipped. That is why I suggest that we should take a lead from the greyhound legislation and ensure that all dogs are microchipped. The case that my hon. Friend mentioned was horrific, and it was symptomatic of the times, but things have changed greatly. That is why I mentioned greyhound racing. There was a huge problem, but it has now been rectified because of legislation.

[Michael Connarty]

Before my hon. Friend moves on, I should say that an organisation in Scotland homes former running greyhounds, and I have been involved in its campaign. Retired greyhounds make wonderful pets; they are very loving and sensitive. Everyone who has homed one has been absolutely happy with it.

[Mr James Gray (in the Chair)]

Order. Before the hon. Gentleman answers, I should say, as the resident “Gray-hound”, that we are straying slightly from the topic of the debate. Quite a number of people are seeking to catch my eye, and it might be courteous to them if we keep our remarks reasonably short.

[Ian Lavery]

Thank you, Mr Gray. In reply to my hon. Friend, I would say that the issue is microchipping. I agree that greyhounds make fantastic pets. My point is that, because of the disasters involving greyhounds, legislation introduced microchipping immediately. That has had a great impact, and we should look at it. That is why I mentioned the welfare of greyhounds and the regulation of greyhounds and their owners.

Like many other re-homing charities, the Retired Greyhound Trust is committed to promoting responsible dog ownership, and it does a fantastic job. Members will want to join me in paying tribute to the wonderful work of many re-homing organisations. They are leading the way on promoting responsible dog ownership. Without their efforts, this country could not declare itself a nation of dog lovers. So, good on the Retired Greyhound Trust. We should look at best practice and try to convert it without delay into national legislation for all breeds of dogs, as well as regularly monitoring dog owners.

Many other issues relate to responsible dog ownership, and I am sure that they will be covered in the debate. They include the absence of dog control notices, the status of dog ownership and the £50,000 funding for innovative local community projects to encourage responsible ownership. There is also legislation—we really could have done with this, although that is a separate issue—on attacks on guide dogs, which everyone here utterly deplores. What penalties can be imposed on the owners of dogs that attack guide dogs? Can owners be treated as though their dogs had attacked an individual, because such attacks cause individuals huge distress?

We still have no timetable for the proposed legislation. There should be no further delays in implementing any of the measures. I welcome the progress that has undoubtedly been made, but I emphasise the need to act now, not later, to avoid more people being injured and to protect the welfare of dogs themselves.

[Several hon. Members]

rose—