Dangerous Dogs

Kerry McCarthy Excerpts

Thursday 7th March 2019 Westminster Hall

[Neil Parish]

It is a pleasure to serve under your chairmanship, Mr Gray. It always has been, and I hope today will be no different. I see we are completely packed out this afternoon, with standing room only. We are discussing a serious issue, and the fact that parties have a one-line Whip on a Thursday probably does not help with attendance.

It is often said that the UK is a nation of dog lovers. As more than 9 million of us are dog owners, it is not hard to see why. Dogs are a huge source of love, comfort and companionship to so many of us. It is also good to see postal workers and others in the room. While we love our dogs, we have to remember that many workers have to come into or close to our homes, and we have to ensure that our dogs are under control. All those things need to be taken into consideration.

That love for our dogs is why it is so heartbreaking when relationships go wrong with dogs, when dogs are not treated with the care and compassion they deserve, and when they are not trained properly, or worse, when they are forced into aggressive and violent behaviour. Each year, thousands of dogs are seized under the Dangerous Dogs Act 1991. Hundreds are subsequently put down. That might once have been described as a price worth paying to save people from vicious dog attacks, but I was concerned to discover that since the Act was introduced, injury and fatality rates from dog attacks have increased, not gone down.

More than 200,000 people are attacked by dogs each year in England alone. Between 2005 and 2017, the number of recorded hospitalisations rose by some 81%, from 4,110 to 7,461. It is heartbreaking to look at the hospital data, which shows that children under nine are statistically the most at risk. Metropolitan police figures for 2015-16 indicate that legal breeds accounted for 80% of section 3 offences under the Act, which relate to dogs dangerously out of control. Sixty-seven people have died following dog attacks in the UK since 1991. The issue is not only dogs on the dangerous dogs list; many of the bites are from dogs not on that list. We have to consider that, however well intentioned the 1991 Act, it is not addressing the totality of the problem.

The Select Committee on Environment, Food and Rural Affairs therefore launched an inquiry on 11 May 2018 into the adequacy of the Government’s approach to tackling dangerous dogs. It is good to see the new Minister in his place. We focused on the effectiveness of the breed ban and examined the actions needed to improve public safety and safeguard animal welfare. We received more than 400 written evidence submissions to the inquiry and held three evidence sessions in June and July last year. We are grateful to all those who gave us evidence in person or in writing, as well as to the substantial number of people who contacted the Committee in relation to our report and the Government’s response. Many were keen to help address the problems we face, and for that I thank them.

We have a great opportunity today to discuss how the Department for Environment, Food and Rural Affairs plans to incorporate the Committee’s recommendations on dangerous dogs and make the system better for everyone, owner and canine alike. The lessons we learned during the inquiry and the themes I want to highlight today can only be summarised as legislation, trepidation and education. The existing legislation does not deliver the protection that society needs, and I will discuss that in a minute. The trepidation is that of the Department to change the status quo and act decisively in a number of ways. Education could save adults and children alike from dog attacks.

First, I will talk about the legislation. The Dangerous Dogs Act 1991 was introduced to protect the public from dangerous dog attacks. The Act made it an offence to keep four types of dog traditionally bred for fighting, unless the dog was placed on the index of exempted dogs and kept in compliance with certain requirements. The dogs were the pit bull terrier, the Japanese tosa, Fila Brasileiro and Dogo Argentino. As of May 2018, 3,530 prohibited dogs were on the index, of which 3,514 were pit bull terrier-types. Only 16 of the dogs were not pit bull types.

Dogs suspected of being of a prohibited type may be seized by the authorities and held in police-appointed kennels pending examination by a qualified expert. Most dogs seized under section 1 are suspected pit bull terriers. If a dog is found to be a banned section 1 type, an owner wishing to keep the dog must go to court to determine that they are a fit and proper person and that the dog will not pose a risk to public safety. If successful, the dog is placed on the index of exempted dogs and the owner must comply with certain conditions, such as that the dog is neutered and microchipped, the owner purchases third party insurance and the dog is leashed and muzzled in public.

Section 3 of the 1991 Act makes it an offence for any dog to be dangerously out of control, regardless of its breed or type. That includes a dog injuring someone or an animal, a person believing the dog might injure them, and a person believing that the dog would injure them if they tried to stop it attacking their dog or animal.

During our inquiry, we heard substantial debate about the effectiveness of this breed-specific legislation and the impact on dog welfare. According to the Royal Society for the Prevention of Cruelty to Animals, 30 people died between 1991 and 2016 in dog-related incidents. The RSPCA told us that 21 of those dog-related incidents involved dogs of breeds not prohibited by law. One person dying from a dog attack is one too many. The Government are responsible for protecting the public from dangerous animals, so it is essential that the laws evolve alongside our understanding of what works. We investigated whether the Government’s current approach is having the desired effect and whether any changes are needed to ensure that the public are properly protected and that animal welfare concerns are adequately addressed.

The Committee looked at the effectiveness of breed-specific legislation, and identified several areas for improvement to protect the public more effectively. One of the saddest consequences of the 1991 Act is that, when someone has to give up a section 1 dog, the law does not allow the dog owner to be changed; the dog can be transferred only if the owner dies or is incapacitated. If a section 1 dog strays or was abandoned and is being kept in a rescue centre, or if its owner cannot care for it due to a change in circumstances, it cannot be rehomed and is liable to be put down. The dog will also be destroyed if the owner is judged not to be a fit and proper person.

At Battersea dogs home, I saw a dog that had been brought in because its owner could no longer look after it. As far as I could tell, it was a very good-tempered dog, but because it could not be rehomed it had to be checked by the police to assess whether it was of a pit bull type. When the policeman saw the dog, he decided that it was of a pit bull type, and it was put down. I felt that that was one dog too many put down, because its temperament was good. I will talk a little more in a minute about how, with proper care and attention, such dogs can be placed with an owner who understands the type of dog, can handle it and complies with the regulations regarding taking it out in public.

[Kerry McCarthy (Bristol East) (Lab)]

I apologise for being unable to stay for the whole debate; I need to speak in the House. As the Committee inquiry highlighted, the prohibition on the transfer of dogs is utterly ludicrous. There was a very high profile case in Bristol on this matter. The dog can be transferred if the owner dies, but not if they move abroad because of work, as happened in one case, or if they lose their home and have to move into a flat where they are not allowed animals. It seems completely ludicrous that in some situations the dog then has to be destroyed when it might be, as the hon. Gentleman said, a perfectly well-behaved, acceptable dog.

[Neil Parish]

The hon. Lady is a very good member of the Committee, and I am delighted to see her this afternoon, even if only for a short while. She makes a really good point. We should look at the dog and its temperament. If the original owner could keep it, and take it out muzzled and on an a leash in public, why can it not be rehomed? As she stated, such a dog can be rehomed if its owner dies, but not if it goes into a rescue centre either because it was left to stray or its owner could no longer look after it. I am sure that the Minister, being a very sympathetic and thoughtful man, will give that due consideration, because that is an anomaly. I thank the hon. Lady for her intervention.

This is an unfortunate situation, which is surely simple to resolve. The Government have the opportunity to improve the lives of these innocent animals. Our report called on the Government to avoid imposing an unnecessary death sentence on good-tempered animals. We therefore call on the Government to remove the ban on transferring section 1 dogs to new owners. That simple amendment could be accompanied by adequate checks and balances at animal rescue centres and appropriate safeguards to ensure that the rehoming of section 1 dogs is conducted responsibly and safely. They say, “It’s a dog’s life,” but in this case it really is. Good-natured dogs are being killed under section 1 of the 1991 Act. I understand that they have to be rehomed carefully, but if a dog can be rehomed after somebody dies, why can it not be rehomed when it has been brought in for other reasons? Two dogs could have the same temperament, but one would be destroyed and the other rehomed.

The Government’s response noted that

“it would be irresponsible to amend the breed ban immediately without adequate safeguards”

and stated that the prohibition

“should remain in place for reasons of maintaining public safety.”

When we began looking at the matter, I originally thought that the Committee would call for the repeal of the breed-specific legislation. However, we fell short of that because, although 80% of dog bites and attacks come from dogs outside those specific breeds, the number of pit bull type dogs that bite is quite high given their total number. We therefore do need to have legislation in place regarding those dogs, but it has to be fairly administered.

What we want is for the legislation to be amended. Unfortunately, the Government told us that they do

“not consider that it is a priority to amend legislation at this time.”

We understand that any change in the law would have to consider the implications for public safety, the potential increased burden on the courts, and the extra work for rescue and rehoming centres. The Committee was clear that any amendments to the legislation would need sensible safeguards to be put in place to protect the public. However, those are achievable goals. Too often in politics we are faced with what appear to be insurmountable problems—heaven knows we are at the moment—but this is not one of them. This problem can be sorted. A simple change to the law would ensure that a good-natured dog, such as the one that I saw, could be kept safely. I hope that the Minister will take the opportunity today to reconsider the Government’s position.

From looking at evidence against breed-specific legislation during our inquiry, the Committee was not convinced that there was enough independent evidence to justify the current approach to controlling dangerous dogs—something that we all want to see done more effectively. It was clear to us that, in order to do that, DEFRA needed more information. One of our key report recommendations was that

“the Government should commission an independent review of the effectiveness of the Dangerous Dogs Act 1991 and wider dog control legislation… We expect this review to take account of the concerns and recommendations raised throughout this Report.”

Particular breeds are potentially very dangerous, but they account for only 20% of the bites and attacks. The Government need to review how we protect workers and others who enter homes where there may be other dogs that are potentially dangerous. Just sticking to the four breeds on the dangerous dogs list is not working.

Our second recommendation was:

“Defra should commission a comprehensive independent evidence review into the factors behind canine aggression, the determinants of risk, and whether the banned breeds pose an inherently greater threat… These results must then be used to inform the Government’s future dog control strategy.”

Any dog can bite, but the larger the dog, the more chance of the attack being a vicious one. Should we therefore ban every large dog that we come across? The answer is that of course we will not. In that case, do not just pick on particular breeds.

We were pleased that in their response to the Committee’s report the Government committed to commissioning research to review the effectiveness of current dog control measures. I do not know whether the Minister will be able to give a timescale for that. In November 2018, DEFRA commissioned Middlesex University to conduct research to assess the effectiveness of current dog control measures, and to identify and examine the causes of dog attacks, how to address dog behaviour problems, how policy might need to develop, and how to promote responsible dog ownership.

DEFRA committed to updating the Committee “later this year”—I wonder how late in 2019 that might be. I welcome the excellent news, but we cannot let the Government off the leash too quickly—sorry for that one. I ask the Minister to give us more details today about the review that he has commissioned of the dog control measures. What are its terms of reference, when will it be completed and who will be consulted? Will it examine whether the current Dangerous Dogs Act is fit for purpose?

There is much work to be done to create a truly fair system. I assure the Minister that the Committee will follow progress closely, and I promise that we will co-operate in any way to make the situation better. There needs to be more focus on the owner, not the breed. The destruction of a dog based purely on its breed is cruel and often unnecessary.

My second theme is trepidation. Although the Government’s response recognises the importance of improving the identification and control of dangerous dogs, they have so far lacked the confidence to take any decisive action. A degree of trepidation is understandable—some might even call it wise. It is always difficult when a dog is of good temperament but a potentially dangerous breed, because it might turn. When a dog turns after being allowed to live, there is always a big inquiry. I understand the trepidation and even have some sympathy for the Minister, but I still think that we need to take action.

No one wants to make the situation worse. The Metropolitan police told us that they would be open to a new approach to addressing dangerous dogs, but they stressed the importance of having a full system in place before any of the legislation is amended. Things are difficult for the police under the current legislation, because when they inspect a dog at Battersea, Blue Cross or any of the rescue centres that do good work, they have to decide whether it is of good temperament; if they say it is, but then it bites somebody, the responsibility will come back on them. That is why it is so important that the re-homing of these dogs be proper and thorough.

Our inquiry heard compelling evidence from the RSPCA and animal behaviourists, who argued that dogs should be judged by deed, not breed. The Government must do more to recognise in legislation the temperament of the dog. We also know that human safety is paramount, so we need effective dog control measures that focus on the deed, not the breed—I repeat that 80% of dog attacks are not carried out by any of the four dangerous dog breeds—and put reasonable safeguards in place for dogs that are judged to be dangerous. I emphasise that such measures need to address dangerous owners as effectively as they address dangerous dogs. Dogs are not born dangerous; they are made dangerous by not being cared for, and sometimes by actually being brutalised. Sometimes we do not recognise that enough.

That brings me to my final theme: education. A common theme throughout our inquiry was the need for a fundamental shift towards a more holistic approach to dog control that prioritises prevention through education, responsible ownership and early intervention. Witnesses from animal welfare charities felt that existing efforts fall short of what is required, and they called on the Government to develop a new approach—a call that our report echoes. It is clear to us from the evidence that human factors play a prominent role prior to the majority of dog attacks and that any systematic attempt to reduce the number of incidents needs to place a greater emphasis on education.

There are now charities that take dogs into schools, particularly primary schools. That should be encouraged, because some children do not have access to dogs and do not know how to handle them; they may approach them too quickly, grab their tail and ears or do things that they think are fine but that make the dog react badly. Unfortunately, there are some homes in which dogs are treated cruelly, but the charities that go into schools can make a real difference by showing children how dogs should be properly treated.

There is no requirement for schools to make use of the readily available materials on dog safety. That is a missed opportunity. Although education is not the Minister’s responsibility, I know that DEFRA works with the Department for Education and I think more could be done. Young children are at the greatest risk of dog attacks, and many suffer injuries that are horrific and in some cases avoidable. That is unacceptable, when education could help to prevent such life-changing injuries. I accept that we can never stop all dog bites, but we must do all we can to reduce the number of avoidable incidents. Teaching children how to stay safe around dogs is essential to that.

Our report further notes:

“A consistent approach is needed across the country to avoid the current post-code lottery of intervention.”

Naturally, resource implications differ among councils. Some councillors, of whichever political party, may feel that dealing with stray or potentially dangerous dogs is an essential part of a council’s work, while others may not feel the same. That inconsistency needs to be addressed.

Our witnesses told us that targeted initiatives to educate children on safe human-dog interactions are key. Some of them advocated adding such information to mandatory childhood education. The RSPCA said that having a Government policy would avoid the

“piecemeal and sometimes duplicated approach”

that is currently being delivered by the charitable sector across the country. Our report therefore calls on DEFRA to

“commission a childhood education plan from experts and charities to determine the most effective education measures and how these could be implemented consistently across the country.”

We also concluded, based on the wide-ranging evidence we received, that DEFRA

“should introduce a targeted awareness campaign to inform dog owners and the general public about responsible ownership and safe interactions.”

Most people who have dogs are good owners who know how to handle them, but there are some who choose to treat them badly. There are also some who, because of a lack of education, just do not have the ability to look after their dogs properly. Those are the people who need our help.

We recommend that DEFRA

“should further develop proposals to help local enforcement bodies increase engagement among hard to reach demographics. This should involve a thorough assessment of the merits of mandatory third party liability insurance and training classes for dog owners.”

We were struck by the evidence that third-party insurance is not actually that expensive. It could certainly greatly help to compensate workers and others who are bitten. Responsible owners act responsibly. We need to reach out to those who are not responsible.

The Government’s response stated that they

“will develop a plan of action with stakeholders on the most effective way to reach children across the country”.

I am aware that the new Minister is keen to bring sensible change in this area. I and the Committee will very much support his endeavours. Will he update us on the progress that the Department has made since January? The sooner we teach children how to be safe with dogs, the better. We could save a life. We could save many lives. It is worth taking action.

With young children at risk of serious injury, Ministers should support wider dog awareness training for schoolchildren. The report recommended a targeted awareness campaign for dog owners and the general public on dog safety. New dog control legislation should be introduced to consolidate the existing patchwork of legislation, with dedicated dog control notices to allow for early intervention in incidents. All dogs can be dangerous, and we cannot ban all dogs that might one day bite someone, but we can take every sensible step to ensure that the law and Government policy is fit for purpose and effective. That means recognising the threat and dealing with it comprehensively.

The Government’s current strategy for tackling dangerous dogs is well intentioned, but in some cases misguided. I hope that the Minister will reflect on that and that DEFRA’s policy will be revised so that it is truly fit for purpose. I hope to meet the Minister and charities to facilitate a way forward, and to look at ways that a dog can be rehomed when the owner can no longer look after it. I do not want to hound the Minister, but we really need to see some action.