Anti-social Behaviour, Crime and Policing Bill

Julie Hilling Excerpts

Tuesday 15th October 2013 Commons Chamber

[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.

[Julie Hilling (Bolton West) (Lab)]

I want to speak specifically to new clause 6, other new clauses in my name and some of the amendments.

The House will be aware of the tragedy that occurred in my constituency on 26 March, when 14-year-old Jade Lomas-Anderson was killed by four out-of-control dogs in the house of a friend where she was staying overnight. My hon. Friend the Member for Croydon North (Mr Reed) has paid tribute to Jade’s dad and his friend Royston Brett, who cycled from Atherton to Westminster over the weekend to add their voice to those calling for the legislation to be strengthened in this area.

By all accounts, Jade was a smashing girl, full of life, kind to everyone and a good friend to many. When her parents were asked what Jade would have thought about their campaign for justice, they answered that she would have been the first to campaign, as she was such a caring girl. Her life was cut tragically short, but because of shortcomings in current legislation, no one can be held accountable. The tragedy has had a profound effect, not only on Jade’s mum and dad, Shirley and Michael, and her immediate family, but on the whole community of Atherton.

Jade’s parents have bravely led a campaign supported by the community and by Wigan council to ensure that no other family suffers like they have. As Michael says, this is a problem of epidemic proportions. According to the People’s Dispensary for Sick Animals, 1 million dogs have displayed dangerous behaviour towards people and animals in the past year. About 250,000 attacks are made by dogs each year and 12 postal workers will have been attacked by dogs today. The cost to the NHS and taxpayers is about £9.5 million. According to my figures, more than 6,000 people are hospitalised each year, many of whom will have received life-changing injuries, although my hon. Friend the Member for Croydon North said the number was higher. There have been 16 deaths since 2005 and I cannot even say that Jade was the last person to die, because in May 79-year-old Clifford Clarke was killed in Liverpool. In the area around Hag Fold, where Jade was killed, I know of three serious attacks since March. It is endless.

I am pleased that the Government are taking the issue seriously and that people could now be prosecuted for attacks on private property, and I sincerely hope that they will bring forward proposals to increase the penalties when the Bill goes to the other place, in the way that the hon. Member for Bedford (Richard Fuller) just described. I still believe, however, that they are missing a trick by ignoring the call from all the dog charities, the CWU, vets, nurses and the police to introduce straightforward legislation on dog control notices. I am sure that they believe their proposals will tackle this issue, but when all the dog charities and other vested interests are telling them they have got it wrong, they should listen. Fears that the Government’s proposals are too bureaucratic; that there would have to be more than one incident; that they would not apply if the dog had already been brought under control; and that they would not tackle the problem of dogs first becoming dangerously out of control must be taken seriously and be addressed either today or when the Bill goes to the other place. I hope that the Government see sense today and accept new clause 3.

Let me move on to new clause 6. I believe that the issue of having too many dogs in a household should be tackled as part of dog control notices. I wish I could talk in detail about the dogs that killed Jade, but unfortunately I cannot because the dogs’ owner still awaits sentence on dog cruelty charges. This demonstrates well how dog welfare and community safety are closely linked. For that reason, I will have to speak in the abstract.

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[Angie Bray (Ealing Central and Acton) (Con)]

What the hon. Lady says about the number of animals sometimes kept in the home is extremely important. On a lot of estates, it is the number of animals that often leads to a lack of control. Does she agree that one of the most important ways of trying to tackle the problem is to get local authorities to engage with housing tenancies and use the management of those tenancies to control the number of dogs in houses and perhaps to say that the top of a tall building, for example, is entirely unsuitable for keeping pets?

[Julie Hilling]

I want to say more about that. I agree with the hon. Lady, but the issue does not apply only to social housing, which is why we need legislative change so that the problem of people having too many dogs can be tackled wherever somebody lives. She is right that we need to do more for people in social housing and other rented properties.

The number of dogs creates a problem not just in relation to community safety. A recent event was organised on Hag Fold estate by Wigan council to micro-chip dogs and promote responsible ownership as part of the Jade campaign. Two volunteers, Councillor Karen Aldred and the wonderful local resident Sandi Lucas, went knocking on doors to try to find dog owners to encourage them to attend the event. When they knocked on one door, they were told, “Well, I haven’t got any dogs, but go over there because the owner has loads of dogs and is creating mayhem in the community.” That owner had seven dogs in a small house, creating noise, unpleasant smells and making life a misery for the neighbours. I am working with Wigan and Leigh Housing on tenancy clauses for dog ownership, but as I said, the issue is not confined to social housing; we need simple remedies for all.

The new clause does not specify how many dogs should be in a household because I am not trying to restrict the responsible ownership of dogs. Frankly, if someone lives on a country estate with vast grounds, they can have as many dogs as they want, as long as they do not cause danger or disturbance to anyone else. I hope that the Government will listen to calls from communities to give them the powers they need for people to live peaceful and safe lives.

Let me touch briefly on the issue of breeding dogs. We know that a strong contributory factor to dogs becoming out of control is how they are socialised in the first few weeks of their lives—whether, for example, they are taken away from their mother too soon or are appropriately socialised with other dogs and people or are sold to people who know how to train and look after them. This may be an issue for the urgently needed dog welfare and control Act, which I shall continue to press the Government to introduce because, whatever the results of these provisions, we still need holistic legislation to deal with those issues.

Finally, I want to press the Government to extend the legislation to cover attacks on all protected animals. Attacking other animals is a sign that dogs are becoming dangerously out of control and therefore a threat to people. Why should a responsible pet owner have to face the trauma of an attack and the related veterinary expenses and heartache? Many owners are actually injured while trying to protect their beloved pets, such as the woman in Atherton who, just two weeks ago, lost part of her finger when she picked up her dog to protect it from a ferocious dog.

There is much in the Bill to be welcomed, but it does not go far enough. I ask the Government to look again and to support our new clauses and amendments to strengthen the Bill. Jade, her parents and all the other victims of dog attacks deserve no less.

[Martin Horwood (Cheltenham) (LD)]

It is an honour to follow the hon. Member for Bolton West (Julie Hilling). I am sure that she spoke for the whole House in relation to the case of poor Jade Anderson. Sadly, that is just the latest and most tragic example of what the hon. Lady rightly described as an epidemic of dog attacks which are hospitalising thousands, and injuring thousands of postal workers and others. I am afraid that there have been many distressing cases in my own constituency, which led me to become involved in what has been quite a long campaign. I pay tribute to, in particular, the hon. Members for Penistone and Stocksbridge (Angela Smith) and for Ealing Central and Acton (Angie Bray), both of whom have campaigned very persistently.

For many years it seemed as if the Government were not budging at all on the issue, so it is enormously welcome that we are considering it in the context of this Bill, and that the Government are taking action. Their action is being taken step by step—it is rather gradualist—and that may be frustrating for some of us, but we should not make the best the enemy of the good. We should recognise the positive steps that are being taken in the Bill, not least in the context of the Government’s earlier action in setting a timetable for the introduction of universal microchipping. That will help us to identify the real culprits, who—as many Members have pointed out—are irresponsible dog owners as much as the dogs themselves, some of which are just more victims of this phenomenon.

The hon. Member for Croydon North (Mr Reed) and others have made a strong case for dog control orders. I have been sympathetic to that idea for many years, but I should be content if we could achieve the same outcome by other means. I understand the Government’s position; I realise that their main purpose is to simplify and rationalise antisocial behaviour legislation without sacrificing flexibility. The Bill underlines the important point that the issue of dangerous dogs is inextricably linked with that of human antisocial behaviour. If we can tackle one by tackling the other, I shall be satisfied, even if the legislation does not include the actual words “dog control order”.

One of the most important provisions involves the extension of liability for dangerous dogs to private property. Liberty has expressed some concern about the so-called “bite a burglar” provisions, and I think that Ministers need to consider those carefully. Our two contradictory instincts are to say, quite rightly, that burglars who enter other people’s properties with malicious intent should do so entirely at their own risk, and to support the extension to private property of liability for the dangerous behaviour of animals. Both are worthy instincts, and resolving that conflict will be a difficult task for Ministers. I speak as the brother of a postal worker who is very keen for the Bill to proceed.

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[Damian Green]

I am happy to assure the hon. Lady that, throughout the passage of the Bill and on many other matters, there has been regular, continuous contact at all levels. I see the Northern Ireland Minister of Justice regularly, and our officials are in contact on detailed matters. We work closely with the Northern Ireland Department of Justice.

[Julie Hilling]

The Minister says he hopes the charities and so on get behind the Bill. It is not too late for him to reconsider and listen to what they say on how to improve the Bill rather than asking them to support measures that they believe are second best.

[Damian Green]

I sense the hon. Lady is trying to lure me into a debate she has just had with my hon. Friend the Minister. I heard his speech, in which he replied fully to the points made by her and others. She says it is not too late, but, in practical terms, it is—we have just had a Division and have moved on to Third Reading. [Interruption.] There will indeed be debates in other places.

The examination and detention of David Miranda at Heathrow airport in August has put a renewed spotlight on the changes we are making in the Bill to the powers in schedule 7 to the Terrorism Act 2000. Schedule 7 remains a key part of the UK’s border security arrangements and is vital to preserving the safety of the public. I welcome the renewed scrutiny of the provisions. It is right that, as part of his function of reporting on the operation of the Terrorism Acts, the independent reviewer of terrorism legislation, David Anderson QC, has decided to investigate and report on the exercise of the powers in Mr Miranda’s case. The Government will carefully consider his report when it is received.