Dangerous Dogs

James Gray Excerpts

Wednesday 6th July 2011 Westminster Hall

[Caroline Nokes]

I thank the hon. Gentleman. Progress towards legislative change has been made not only in Northern Ireland, but in Scotland. Such progress has, sadly, been lacking here.

Any legislation must be evidence based, proportionate and, importantly, best debated and drafted away from the perfectly understandable reaction that is always to the fore when there has been a dreadful attack. I do not seek to undermine the importance of and need for legislation to protect the public from dogs that are a danger, that have been trained and encouraged to be aggressive, and that, in increasing instances, are used as a weapon. That is why I welcome several of the components of Lord Redesdale’s Dog Control Bill, which was introduced in the other place and is currently on Third Reading. It aims to consolidate existing legislation, give greater flexibility and discretion to enforcers and the courts, include a genuine preventive effect, improve public safety and animal welfare and reduce the costs of enforcement.

At present, enforcers have to wait for an incident to occur before they can step in and deal with the animal. As we have heard, there is a lack of consistent enforcement, but if police have a dog of a banned type drawn to their attention, they must act, whether that dog has done anything aggressive or not.

[Mr James Gray (North Wiltshire) (Con)]

I have agreed entirely with every word my hon. Friend has said until now, but she seems to have slipped back from her argument of a moment ago that it is the deed, not the breed, that matters. She now seems to be saying that it is the breed that matters and that, if the police are aware of a particular breed and that there is DNA evidence or a microchip to prove it, they should step in prior to an incident. Surely the process should be incident-driven, not breed-driven.

[Caroline Nokes]

With respect to my hon. Friend, that is my exact point. Under the current legislation, if a banned type or breed is drawn to the police’s attention, the police must act, regardless of its behaviour. There is currently no provision for an owner to be able to apply to a court for a seized dog to be returned, and the 1991 Act predicts a dog’s behaviour based on its physical conformation, which, I would contend, is simply wrong.

Indeed, to drift off into the anecdotal, the dog that made me run in the opposite direction fastest during last year’s general election campaign was a golden retriever. That breed is never going to appear on a list of dangerous dogs, but the one that I encountered seemed rather enamoured by the prospect of chewing my leg off. We need to establish in law the principle that it is the deed, not the breed, that determines whether a dog is dangerous or not. That view is widely held, even at the very highest levels of Government.

[Caroline Nokes]

I thank the hon. Gentleman for that contribution and hope that the Minister will comment on it later.

I would appreciate the Minister’s comments on the range of possible measures to tackle the problem. The possible solutions include dog control notices, compulsory microchipping, muzzling in public places and, importantly, training for owners. Rather than generalising a type or a breed, those are practical suggestions that directly address the specific behaviour and the ways to ameliorate it.

Failure to comply with a dog control notice could lead to the responsible person becoming liable to a fine and potentially being disqualified from owning or keeping a dog for a prescribed period. This issue has been the subject of numerous written and oral questions, consultation and reviews of existing legislation. The issue is not confined to cities, but I highlight the work of the deputy Mayor of London, the Metropolitan police and many hon. and right hon. Members who represent constituencies in the capital, where there are certainly greater issues than in other parts of the country. Yet still we have unsatisfactory legislation that does not address the rise of the so-called status dog, which has impacted on the police and on their ability to carry out their role. The legislation desperately needs updating.

I urge the Minister to publish the Government’s response to the consultation on dangerous dogs, for which we have been waiting a considerable time. Will he also indicate whether he supports the measures in Lord Redesdale’s Bill, and whether he will consider introducing compulsory microchipping? I am the first to acknowledge that that is a measure of traceability rather than prevention, but it was simply not an option in 1991 when the Dangerous Dogs Act was introduced. Microchipping was first introduced in the UK in about 2000. The procedure is now commonplace and can be carried out by not only vets but registered practitioners, which has brought down the cost. I appreciate that microchipping will inevitably be most prevalent among the law-abiding majority, but it will indelibly link dog to owner and provide an important step forward.

Obviously there will need to be a register that is updated at every change of ownership, but dogs do not change hands that often. The vast majority of owners have dogs for life and, although I understand concerns that a register will be another imposition on responsible citizens, it will also be a way to steadily move towards a situation in which owners are accountable and dogs behaving in an antisocial way are identifiable. If there is no excuse for mistaken identity, enforcement officers will be able to judge the deed not the breed.

[Mr Gray]

I absolutely agree with my hon. Friend up to now. However, does she not remember the days when we had dog licences? They did not work. The bad guys did not have them; only the good guys had them. Surely what she is proposing is a bureaucratic, interventionist, centralised solution to the issue. If we want to deal with the problem of people who have criminal intent and behave badly, licensing dogs will not achieve that.

[Caroline Nokes]

I thank my hon. Friend for that intervention, but I disagree with him. This is not about licensing; this is about being able to scientifically identify a dog that has perpetrated some sort of unpleasant deed. Many other types of animals are microchipped and are identifiable from birth. We could easily have registers that trace any transfer of ownership. As I have said and as the Dogs Trust has taught us, a dog is for life, not just for Christmas. They rarely change hands, and we simply need to move to a situation whereby we can identify who is responsible for which dog.

As I said at the outset, we are 20 years on from the Dangerous Dogs Act 1991. Police forces, animal welfare organisations, vets and nurses all believe that that legislation failed to solve the problem. It is high time that that failure was addressed.