Anti-Social Behaviour, Crime and Policing Bill

Julie Hilling Excerpts

Monday 10th June 2013 Commons Chamber

[Mrs May]

I do not believe that the proposal to extend the offence of having a dog that is dangerously out of control from public spaces to all places, so that it covers private places as well, or that ensuring that it is possible under the new flexible powers for preventive action to be taken—I have given some examples—is, as the hon. Lady describes, “woefully inadequate”. What we are doing in this Bill is setting out a set of clear, flexible arrangements that can be used to ensure the sort of control of dogs that, I am sure, not just she, but other Members of this House wish to see.

[Julie Hilling (Bolton West) (Lab)]

I thank the Home Secretary for giving way yet again. My question is about resourcing for such orders. If the control of dogs is simply subsumed into a raft of antisocial behaviour issues, how will she ensure that it has the priority it needs, with 210,000 or more attacks taking place each year?

[Mrs May]

I realise that the hon. Lady had a very sad case in her constituency in relation to dogs acting in a private place, and there have sadly been a number of other such cases. The Government have responded by introducing this new power, but dealing with the issue will come down to decisions that will be taken at a local level. Decisions will be taken by the police, local authorities and the agencies working together when the problem of a dangerous dog has been identified. The point about these powers is that they are sufficiently flexible to enable people to take a decision about what will work and what action needs to be taken in a particular circumstance. The fact that we have not attached the words “dog control” to the powers in the Bill does not mean that they will not be there. I believe they will be.

Part 8 targets the middlemen responsible for supplying illegal firearms to street gangs and organised crime groups. Thankfully, firearms offences are relatively rare, but the police still recorded more than 5,000 of them in 2012. We need to target those who, through their callous disregard for the lives of others, hire out guns as if they were just another tool. The Bill will accordingly introduce a new offence of possession of a firearm for sale or transfer. That offence, together with the existing offences dealing with illegal importation, exportation and manufacture, will be subject to a maximum sentence of life imprisonment. The Select Committee on Home Affairs has addressed this issue in the past. Under the arrangements we are introducing in the Bill, those who supply illegal weapons will be dealt with. Morally, they are every bit as culpable as those who pull the trigger, and they should therefore face the same penalties.

Part 9 deals with one of the manifestations of modern-day slavery: forced marriage. This country is a world leader in tackling this horrendous practice, including through the exemplary work of the forced marriage unit and a number of charities working in this field. The introduction of the civil forced marriage protection order has afforded some protection to victims and potential victims, but people who seek to consign their victims to a life of miserable servitude should face the full rigour of the criminal law. The new offences of forced marriage and of breach of a protection order will act as a deterrent and ensure that those found guilty of such practices face fitting punishment.

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[Luciana Berger (Liverpool, Wavertree) (Lab/Co-op)]

I am glad to have the opportunity to contribute to this important debate, particularly as it touches on an issue that is incredibly close to my heart. Before coming to that point, I know that many right hon. and hon. Members have addressed, or will address, some of the wider measures the Bill is concerned with. Although I welcome some of those measures, I have a number of concerns about the Government’s plans for tackling antisocial behaviour. In particular, I am worried that the Bill will make it harder, not easier, for communities to deal with and combat antisocial behaviour effectively.

We discovered only this weekend that red tape introduced in the Bill will cost police and local councils at least £14 million to get CCTV. As I mentioned in an intervention on the Home Secretary—the point is worth sharing in more detail—Liverpool’s City Watch team has used state-of-the-art CCTV both as a deterrent and to identify and convict those who commit crimes and antisocial behaviour offences. It is a very advanced system and it has been highly effective. As a result, Liverpool is now one of the safest cities in the country, according to the UK Statistics Authority. We often have delegations—not only from across the country but from across Europe—who visit the facility and meet the operators, who are highly trained and technical, to see what they are doing and how it might be replicated elsewhere. Given that success, I echo the sentiment I expressed before: it would be such a shame if other local authorities that need CCTV or want to advance their systems were unable to follow that good example. I have every confidence that Opposition Front Benchers will address those concerns in Committee.

I will focus the rest of my remarks on the measures in the Bill for tackling dangerous dogs, which are covered in part 7. Perhaps it is fate, design or just pure coincidence that it is 22 years to the day since the Dangerous Dogs Act 1991 received its Second Reading in this House. That was a very long time ago, and it has become clear since, particularly over the past 10 years, that the legislation has not been up to the job. The issue was first raised with me in my constituency just before I was elected three years ago, after the tragic death of John Paul Massey, who was just four years old, in the run-up to the general election. His death really affected the whole community—some members of my community are still very much affected. I have worked closely with his mother, Angela, to raise these issues with the Government. It happened on 30 November 2009. Angela has been incredibly stoic and brave in campaigning on the issue so that no other family has to go through what her family have gone through. Angela came with John Paul Massey’s father and representatives of many other organisations about a year ago to deliver a letter to the Prime Minister highlighting their concerns about the legislation as it stands. I have been compelled by Angela’s incredible bravery to take up her case and ensure that no one else suffers as she has.

[Julie Hilling]

I want to add my tribute to the family of John Paul Massey, because they have also been supporting the family of Jade Lomas-Anderson as they have been going through the same thing.

[Luciana Berger]

I thank my hon. Friend for her intervention. I know that those words will have been heard by Angela and that they will be very welcome and kindly received.

This really is an issue that transcends party politics. I have worked with many Members on both sides of the House who have campaigned on the issue. It does not discriminate between urban and rural areas; it affects all our constituencies. Many people have been campaigning on the issue for far longer than I have; I was elected only three years ago. It was actually the first thing I spoke about in the House. Many people outside the House have worked tirelessly on the issue. My hon. Friend the Member for Ogmore (Huw Irranca-Davies) mentioned Dave Joyce, of the Communication Workers Union, who works so hard to raise the issue with Members on both sides of the House on behalf of his members, the postal workers who deliver our mail everyday. Claire Robinson of the Royal Society for the Prevention of Cruelty to Animals works incredibly hard on the issue. Organisations including the Dogs Trust, the National Dog Warden Association, the Association of Chief Police Officers, the Blue Cross and Battersea Dogs & Cats Home have worked collectively to raise the profile of the issue with the Government and to see some urgent action.

The previous Government initiated a comprehensive consultation on what could be done to promote responsible dog ownership and combat dog attacks on people and other animals. It is regrettable that it has taken three years for the Government to respond to that consultation, which concluded in June 2010, and bring forward the measures we are discussing today.

--- Later in debate ---

[Julie Hilling (Bolton West) (Lab)]

As you and the House will be aware, Madam Deputy Speaker, my constituent 14-year-old Jade Lomas Anderson was savaged to death by four dogs on 26 March this year. She was staying overnight at her friend’s house as a special treat for having such a glowing end-of-term report. We do not yet know what happened—indeed, we may never know, because Jade was the only person present—but what we do know is the current legislation is inadequate to deal with the aftermath of an attack on private property, or to prevent one from happening in the first place.

Jade’s mum and dad, Shirley and Michael Anderson, came to London last week to meet Lord de Mauley, a Minister at the Department for Environment, Food and Rural Affairs, and my right hon. Friend the shadow Home Secretary to urge them to take action to tackle dangerous dogs. I am sure the House will join me in commending Jade’s parents for their bravery in campaigning to change the law at this most difficult time. As they say, Jade was a kind girl who would do anything to help other people, and she would want them to try to prevent any other families from suffering in the way they are suffering. As Michael says, with 210,000 attacks each year, more than 6,000 people admitted to hospital, often with life-changing injuries, 12 postal workers attacked each day and 16 people killed since 2005, dog attacks are reaching epidemic proportions.

Indeed, there have been three more attacks in Atherton in just the last week. The first one was not reported to the police. The second involved Michael’s cousin, who has bruises and scratches from a Staffordshire bull terrier jumping up at her in an aggressive way when she was walking her dog in a park. She was lucky: her boyfriend was there to drive the dog away. The third incident happened when two young men were attacked in the street by another unaccompanied Staffie. Those attacks, like the other 400 or so that took place last week, will not hit the national news and might not even make their way into the local newspapers, but they illustrate the need to take holistic, robust action to protect people and other animals.

The proposal to extend the Dangerous Dogs Act 1991 to cover attacks on private property is welcome, but there are fears that the Government’s proposal that dangerous dogs be dealt with under community protection notices will be inadequate. Indeed, the Environment, Food and Rural Affairs Committee is still calling for dog control notices to be introduced. Such notices would give the authorities the power to intervene if concern is raised about a dog. They would be able to instruct the owner to take a range of actions, which could include keeping the dog muzzled, keeping it on a lead, keeping it away from children or having it castrated. The owner and the dog could be made to undertake training. I believe—although not everyone agrees with me—that we should be able to order the owner to reduce the number of dogs in a household if that home is not suitable for the number and size of dogs present.

As others have said, dog control notices are supported by a wide range of organisations, including the Kennel Club, the Dogs Trust, the Royal Society for the Prevention of Cruelty to Animals, the Royal College of Nursing, the British Veterinary Association, Blue Cross, Battersea Dogs and Cats Home, and the Communication Workers Union. They have already been introduced in Northern Ireland and Scotland, and they should be introduced across the rest of the United Kingdom. Their existence would provide a swift, flexible and proportionate way of dealing with irresponsible dog owners. They would act as an early-warning system, enabling action to be taken to promote responsible ownership rather than just prosecuting owners after a tragedy has taken place.

I know from the answers given by Lord de Mauley and the Home Secretary that the Government believe that the measures in the Bill will have an equivalent effect, but I disagree. The most important measures that we need are early intervention mechanisms—preventive measures that can be put in place before an attack takes place. Simply to subsume the issue of dangerous dogs into the whole issue of antisocial behaviour will not give it the priority it needs.

This is not simply a matter of dealing with a dangerously out-of-control dog; it is about taking action before that dog attacks. It is about looking at the warning signs, such as excessive barking or attacking other animals, and putting preventive measures in place. I cannot see how the Government’s proposals will trigger the appropriate professional response to such signs, allowing action to be taken to protect the community and improve the welfare of the dog. Michael Anderson believes that there should be a dedicated organisation in each local authority area to deal with the issue of dogs, and that such a dedicated team would be able to address the issues of community safety and dog welfare. The Government’s proposals fall far short of meeting Michael’s ambitions.

I welcome the proposal to microchip all dogs, but many of my constituents do not believe that that goes far enough. They believe we should reintroduce effective dog licences that would require owners to make a decision about how many dogs they can own and care for. Microchipping would go part-way towards achieving that, but why not go the whole hog? If we do not, what penalties will there be for not microchipping a dog, or for not registering a change of ownership or place of residence if a dog is sold or given away when the owner moves home?

I am pleased that the Bill will extend to assistance dogs, but I am disappointed that it will not extend to all protected animals. I have already told the House about the distress and expense caused to the ex-mayor of Blackrod when she lost two of her cats in a dog attack, and about the ex-mayor of Westhoughton, whose dog was attacked when he was walking it on a lead. Let me also tell the House about a farmer who has signed my petition on dangerous dogs. She heard a disturbance in one of her fields and went out to discover a dog attacking her cattle. The dog started to come towards her, when its owner came out from behind some bushes and called it off. She was deeply traumatised, faced a large vet’s bill and was unable to sleep for a week. We know that some owners deliberately use other animals to make their dogs more vicious, but we also know that attacks on protected animals can be a warning sign of a dog becoming dangerously out of control. I hope the Government will amend the Bill to include attacks on protected animals.

We also need to educate people about dogs, about the suitability of different breeds for their environment, about how they behave around children and about how much space and exercise they need. We need to educate people not to leave any dog alone with young children, no matter how small or placid it might normally be. We need to educate children about dealing with dogs, about treating all dogs with respect and about understanding their body language. We also need to educate children and owners about the care and training of their pets.

We also need to deal with the issue of breeding dogs. Dog charities and local authorities are reporting an increase in the number of abandoned dogs, yet ordinary people can breed five litters of puppies a year without needing a licence. The Bill does not touch on that issue, but it does get rid of dog control orders, which give local authorities specific powers relating to dog fouling, keeping dogs on a lead or putting them on a lead when told to do so, excluding dogs from particular areas and limiting the number of dogs allowed in certain areas. I am told that the proposed legislation will allow for some of those powers, but I come back to my earlier point that subsuming dog legislation into a Bill that covers antisocial behaviour, crime and policing will not give the issue the priority it needs. As the Communication Workers Union has stated, the Government have missed the opportunity to consolidate all the necessary dog control and welfare legislation into a specific dog control Bill.

Many people have said that the real issue is not dangerous dogs but irresponsible owners. The Government should take this opportunity to be tough on dangerous dogs and tough on the causes of dangerous dogs. The tragedy of Jade Lomas Anderson and all the other victims is a testament to what happens when we do not take an holistic approach to dog ownership and dangerous dogs. I urge the Government at least to amend the Bill to include more specific clauses, and to take lessons from the past and to introduce a dog control and welfare Bill.