Dangerous Dogs

James Paice Excerpts

Tuesday 20th July 2010 Commons Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Mr James Paice)]

I congratulate my hon. Friend the Member for Ealing Central and Acton (Angie Bray) on securing this debate on an important subject. I assume that it is her first Adjournment debate, and she has got off lucky; my first Adjournment debate was called at 3.15 in the morning, so this is early by comparison.

I fully understand the importance of the issue that my hon. Friend raises. Members who, like me, represent more rural constituencies do not see the problem as much as my hon. Friend and the hon. Member for Ealing North (Stephen Pound) do. Nevertheless, we are very aware of it. I respond directly to the challenge of the hon. Gentleman: the issue of dangerous dogs falls squarely within the remit of the Department for Environment, Food and Rural Affairs. He is right about cross-cutting with other Departments. My noble Friend Lord Henley is directly responsible for that part of the Department’s activities, although, as I shall try to demonstrate, there are areas on which we work closely with other Departments.

We take the issue seriously—so much so that the coalition agreement makes an explicit commitment to tackling the problem. Both hon. Members said that there are many strands to the problem. There is the irresponsible ownership—at the lesser end, but still a serious issue—and there is the clear problem of dogs being used to intimidate and as part of the commission of crime. Furthermore, there is organised dog fighting. All those issues have a knock-on effect on the welfare of the dogs, let alone all the other problems that they cause society.

Most of us find it difficult to understand why people would want to keep a dog, particularly one of the more vicious breeds, as a status symbol. The need that those people feel to have such a dog alongside them to bolster their image is probably a sign of their inadequacy. Nevertheless, it happens and we have to address it.

Many suggestions have been made. As hon. Members must be aware, the previous Government commissioned a consultation on the problem. That period has finished and we are analysing the results, which we will publish. I was pleased to hear my hon. Friend say that she does not necessarily believe that the issue requires more legislation. She made a couple of suggestions, which I shall come to. As I shall try to describe, there is a plethora of legislation on the matter—too much, some would argue. It is often a matter of enforcement. The Dangerous Dogs Act 1991 has become a bit of byword for hasty legislation, but the reality is that in the 19 years since it was passed nobody has come forward with a comprehensive alternative.

[Martin Horwood (Cheltenham) (LD)]

Will the Minister give way?

[Mr Paice]

Very briefly.

[Martin Horwood]

I am grateful, given the hour. Is the Minister aware of the Bill proposed in another place by my noble Friend Lord Redesdale, which is intended to tackle some of the issues to do with ownership and microchipping, while shifting comprehensively away from the specific list of obscure breeds towards the deeds and behaviour of the dog, and indeed the owner, which seems to get to the crux of the issue that the hon. Lady rightly identified? What is his view of that proposed legislation?

[Mr Paice]

We are very much aware of Lord Redesdale’s Bill. My noble Friend Lord Henley is looking at it very carefully and trying to work with Lord Redesdale on it. We have our doubts about some aspects, but I recognise that it is a noble attempt to try to deal with the problem.

Part of the problem has been the lack of enforcement across the country. We clearly want to see better enforcement, and we have provided better guidance and funding for training in police forces. Both hon. Members who spoke referred to the Metropolitan police, who have their specialist status dogs unit to target the problem. That has resulted in more dogs being seized year on year in the London area. I understand that between April 2004 and April 2005, just 42 dogs were seized, by 2008-2009 the figure had risen to 719, and it is expected that in the past year up to April 2010 the figure will have been 1,100. That dramatic increase demonstrates the importance of the issue.

My hon. Friend the Member for Ealing Central and Acton referred to council housing leases and social landlords. Earlier this year, the Department for Communities and Local Government published guidance for social landlords entitled, “Tackling anti-social behaviour: Tools and powers—toolkit for social landlords”. That includes the powers available under current legislation for social landlords to tackle dangerous dogs. More recently, DEFRA facilitated the production of guidance for magistrates courts designed to help to speed up cases involving dangerous dogs. Last year, DEFRA issued widely welcomed guidance aimed at enforcers of the legislation. It was written in association with the police and the RSPCA, as well as some local authorities, to set out the law in detail and provide advice.

I want briefly to refer to the existing legislation and then address some of the points that may take us forward. The 1991 Act provides the police with powers to take action when any dog becomes dangerously out of control in a public place or a place where it has no right to be. Offences under that legislation have risen considerably. The Act also prohibits the keeping of certain types of dog. I understand what my hon. Friend and the hon. Member for Cheltenham (Martin Horwood) said about the problems of specific breeds. However, the fact is that in 2004, 17 people were successfully prosecuted for that offence, and by 2008 that figure had risen to 115. The maximum penalty for keeping a keeping a prohibited type of dog is six months imprisonment, a fine of £5,000, or both.

Importantly, the police have also said that the prohibition of certain types of dog is useful in tackling organised dog fighting, as it is predominantly pit bull terriers that are used. I hear the point made by my hon. Friend about the problem being the owner, not the dog, but there is a bit of a caveat to that—certain dogs are far more predisposed to aggression. Why else does everybody want to use a pit bull? Clearly it is easier to use them; we do not see many fighting chihuahuas around the countryside.

[Martin Horwood]

Will the Minister give way?

[Mr Paice]

No, I cannot, I am sorry. I am really tight for time.

The 1991 Act strengthened the powers available to magistrates courts to place controls on dogs under the Dogs Act 1871. Those controls can be about muzzling a dog, keeping it on a lead, excluding it from specific places or having it neutered. The maximum penalty for failing to comply is £5,000.

The Offences Against the Person Act was passed back in 1861 but is still valid because of the point that the hon. Member for Ealing North made—it can be used in a situation in which people use a dog as a weapon. The maximum penalty is five years in prison. There is also the Animal Welfare Act 2006 and the Clean Neighbourhoods and Environment Act 2005.

The consultation that was carried out recently addressed a range of issues, such as extending the current criminal offence in the 1991 Act of allowing a dog of any type or breed to become dangerously out of control to private property where a dog has a right to be but where it may well still be a danger to young children. There is also the serious problem of attacks on public workers, particularly postal workers, in gardens or drives. It also invited comments on whether the prohibition of certain types of dog should be repealed, as we have discussed, or extended to other breeds.

The idea of compulsory insurance was given short shrift. The then Government put the matter in the consultation and rightly decided quickly that it was not the right way forward. People’s advice and views were requested on the introduction of dog control notices, and the Royal Society for the Prevention of Cruelty to Animals has indicated that improvement notices have been successful. It considers that dog control notices could also work well.

Some people advocate compulsory microchipping. At the moment, our view is that as with licensing, the people whom we are trying to address would not do it. One could argue that dogs found without a microchip would be destroyed, but we would end up with the serious problem of having to destroy a large number of dogs. Again, the majority would be paying for the sins of the minority.

Finally, my hon. Friend proposed that anyone convicted of a violent or drug-related offence should not be allowed to have control of a dog. That is clearly a matter for the Home Office, and I will try to ensure that it is aware of the suggestion and gives it the consideration that it merits.

The Department for Environment, Food and Rural Affairs and the whole Government take the matter very seriously. We are aware of the concerns and I am grateful to my hon. Friend for drawing them to the attention of the House. I promise her that we will not let the matter slip.

Question put and agreed to.