Anti-social Behaviour, Crime and Policing Bill

Jim Fitzpatrick Excerpts

Tuesday 15th October 2013 Commons Chamber

[Mr Reed]

The hon. Gentleman makes a sensible and helpful point. I recognise the sense of what he says.

It is disappointing that on Second Reading and in Committee, the Government resisted dog control notices and said that community protection notices would be sufficient. I can only hope that, having read the Committee transcripts, the new Minister will bring fresh eyes to the issue and use fresh ears to listen to the experience of outside organisations, the victims of dog attacks and Members from all parts of the House who want tougher action.

The use of community protection notices, as advocated by the Government, is simply not sufficient. They are slow to serve, can be challenged in the courts, causing further delays, and have been described by one outside organisation as a sledgehammer to crack a nut. The Government had a perfect opportunity to show leadership on this issue. They could have led this House and this country to act to protect children and adults alike from further dog attacks. However, the powers in the Bill and the limited changes to which the Government are clinging are not sufficient—not even close.

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

My hon. Friend is making an excellent case for new clause 3. Does he agree that one of the successes of devolution is that we in Westminster can learn from the experiences of the devolved authorities in various matters and do not have to reinvent the wheel? Will he refer later in his speech to the experiences of Northern Ireland and Scotland?

[Mr Reed]

I thank my hon. Friend for that helpful reference to the situation in Scotland. Given that the experience of dog control notices in Scotland shows that they work effectively, it is all the more baffling that the Government refuse to support them. I hope that the House can persuade the Minister to change his position.

The position for which I am arguing is not just a Labour one. The Environment, Food and Rural Affairs Committee, which has a coalition majority, considered the Bill and concluded:

“We consider there to be strong evidence that targeted measures would be more effective in tackling dog-related problems than the general powers proposed under the Government’s anti-social behaviour and crime legislation…We recommend that the Government reconsider its rejection of our recommendation and legislate to introduce Dog Control Notices to provide law enforcers with tailored powers to tackle aggressive dogs before they injure people and other animals.”

--- Later in debate ---

[Richard Fuller]

I rise to speak to amendments 140 and 141 in my name, which would increase the maximum sentence to 14 years for owners of an out-of-control dog that kills or injures a person or assistance dog. I am happy that the Government responded to the requests of the Committee and conducted a consultation over the summer. However, I am disappointed that the results are not available.

People have the right to see their representatives debate fully and vote on what sentences they feel are appropriate to be imposed on the owners of out-of-control dogs. Those people include the constituents of the hon. Member for Bolton West (Julie Hilling), who has been an outstanding campaigner on behalf of her constituents and the victims of out-of-control dogs across the country. They include the families who have lost loved ones over the years, as hon. Members have mentioned in their speeches, and the 13-year-old boy who was attacked in Bradford a couple of months ago. As reported by the Daily Mail, he suffered a 10-minute attack which ended with the young boy saying, “I’m going to die, I’m going to die.” These people have the right to see us debate how we intend to increase sentences.

The Communication Workers Union has a lot on its plate these days, but like any good union it is thinking first and foremost about the safety and well-being of its members. Five thousand postal workers are attacked each year by dogs. They have the right to have the House debate the right sentence. It is important for the Minister to understand that the CWU supports a 14-year sentence for the killing of a person by an out-of-control dog. The police also have a right to see us debate and vote on this issue today. In their evidence to the Committee, they raised the total and utter inadequacy of the current legislation in dealing with the important and increasing problem of attacks by out-of-control dogs. I will listen carefully to the Minister’s comments. I do not want to hear any flim-flam from him about how he is not sure where this is going and how we should just trust the Government to get it right.

[Jim Fitzpatrick]

rose—

[Richard Fuller]

If the hon. Gentleman does not mind, I will not give way, because others want to get in.

I believe that 14 years is the right maximum penalty. I am grateful to my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) and my hon. and learned Friend the Member for Sleaford and North Hykeham (Stephen Phillips) for saying that, in many ways, it is equivalent to the maximum penalty imposed for dangerous driving. I believe that 14 years would send a strong message that owners must now take responsibility, and not just assume that it lies with the dog, and to judges, who today, even with the inadequate maximum penalty available, are not handing out very significant sentences when they should.

I want us to provide reassurance that this would be a maximum penalty, not a mandatory penalty, and that we are not asking people to lock up their dogs, as the hon. Member for Penistone and Stocksbridge (Angela Smith) mentioned; we have to get the balance right. I will listen to the Minister, who is casting a fresh set of eyes on this, but let us not forget that at the moment the dog gets a death penalty, but the owner walks away pretty much scot-free. That is not responsible. The Government need to be responsible today and say what they intend to do.