Dangerous Dogs

Lord Benyon Excerpts

Wednesday 23rd May 2012 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Richard Benyon)]

It is a great pleasure to respond to this excellent debate and there have been some good contributions. I pay tribute to the hon. Member for Islwyn (Chris Evans) for raising this important issue with such commitment, and for continuing an ongoing dialogue on the issue. I entirely recognise the points that he raises. I pay tribute to the many organisations to which he referred: Guide Dogs for the Blind, the Communication Workers Union, the Dogs Trust and, of course, Battersea dogs home, which he recently visited.

There were other very powerful contributions. My hon. Friend the Member for Banbury (Tony Baldry) pointed out the limitations of what many people—some of our constituents and some Members of this House—see as a panacea for solving this problem. Microchipping is only a partial solution. As was said in a number of interventions, it does not deal with the fact that unfortunately there will always be some people who fail to comply. The law can go only so far in catching them.

The hon. Member for Liverpool, Wavertree (Luciana Berger), who informed hon. Members that she had to leave the debate to go to a meeting, which of course we understand, asked some specific questions that were also asked by the hon. Member for Glasgow South (Mr Harris). Incidentally, I should have started by congratulating him on his position and saying that I look forward to working with him. This issue is not my primary responsibility—it is, of course, Lord Taylor of Holbeach’s responsibility—but I am happy to work with the hon. Gentleman on it and many others. The hon. Lady asked when the measures would be brought in, as did the hon. Gentleman. The introduction of microchipping would involve secondary legislation—an amendment to the Animal Welfare Act 2006. The elements of the measures that have been announced that would see current controls extending to private property and that relate to the requirements for kennelling and a number of other areas would involve primary legislation. I have no date for when those measures could be brought in, but we consider them urgent and hope that they can be brought in as quickly as possible.

The hon. Lady also raised the question of police resources. I can only say that these are local priority issues and will undoubtedly feature in the work of the new police and crime commissioners. When my neighbouring MP was Boris Johnson, we conducted a campaign with Thames Valley police on dog theft. We got that horrible crime treated as much more of a priority by the police force. It allocated resources and has done good work. A similar approach is being taken by other police forces. I know that hon. Members are still working hard with certain police forces to try to move this issue up the scale of their priorities. There will continue to be a debate and it will happen locally.

My hon. Friend the Member for Ealing Central and Acton (Angie Bray) is a long-standing campaigner on this issue, and I pay great tribute to her. She is pleased about what is being done, but quite rightly there is an edge to what she says. She wants to push the Government, and I will ensure that we continue to work with her.

There was an excellent contribution from the hon. Member for Hackney South and Shoreditch (Meg Hillier). One very telling point that she made was about the irresponsible dog owners affecting responsible dog owners. That is entirely right. There are law-abiding people who are dog lovers or who do not have anything to do with dogs but whose lives are made hell by the irresponsible dog owners. Of course, that must remain a priority for us.

I will try to deal with as many points as I can in the few minutes that I have left. I certainly commit to writing to hon. Members if I fail to answer any of the questions put to me. Let us be clear: the announcement of 23 April set out a number of proposals. One is to extend to all places the criminal offence of allowing a dog to be dangerously out of control. That deals with the point made by my hon. Friend the Member for South Dorset (Richard Drax) and a number of others about the terrible attacks that happen in the home and elsewhere that currently are not covered by legislation. The other proposals are: to remove the mandatory requirement that suspected prohibited-type dogs must be seized by the police for at least the duration of the court case; to require all puppies to be microchipped; and to increase the fee to have a dog added to the index of exempted dogs. The proposals are subject to consultation, and we welcome people’s views before the consultation period ends on 15 June. We want to take action as quickly as possible after that.

In addition to the proposals that I have set out, we are taking forward other work that we consider will help to tackle the irresponsible ownership of dogs. A number of initiatives are currently undertaken at local level. Some have been referred to in the debate. Those initiatives are designed to promote more responsible ownership of dogs. The Government welcome that. Hon. Members on both sides of the House have been giving great leadership to some of those local initiatives. We want to foster more of those projects and we feel that those who may be interested in setting up projects need to know what works well and in what circumstances. To enable that to happen, DEFRA is funding innovative projects in London and in dog hot spots outside London to provide learning that can be applied more widely.

In the past, one criticism has been a perception that enforcement of the law can vary between police forces, with some forces performing better than others. To redress that, we have already provided funding towards the training of more dog legislation officers—police officers specially trained in the law on dangerous dogs. That can make an enormous difference to a police force that is trying to tackle a problem but does not feel that it has the resources to deal with it. Those additional specialists will help police forces across the country to deal with dangerous dog incidents.

We also provide guidance to the courts, the police and the public on dangerous dogs. We are examining whether that guidance needs to be updated and have started to work with partners to see what changes need to be made.

On 15 May, the Sentencing Council published a new guideline for judges and magistrates on sentencing for dangerous dog offences. For example, the top of the sentencing range for the offence of allowing a dog to be dangerously out of control and injure someone has been increased from six months to 18 months. The Sentencing Council states:

“The new guideline will mean more offenders will face jail sentences, more will get community orders and fewer will receive discharges.”

The new guideline will come into effect on 20 August 2012.

As has been said, the Home Office has published a White Paper—it did so yesterday—containing proposals to simplify the antisocial behaviour toolkit. We have worked closely with the Home Office to ensure that the new antisocial behaviour measures cover irresponsibility with dogs. That includes people who deliberately use their dogs to intimidate other people and those who allow their dogs to stray and cause a nuisance—precisely the point made by the hon. Member for Hackney South and Shoreditch. The Home Office is determined that those types of problem will be dealt with effectively in its proposed changes to the antisocial behaviour toolkit. The Home Office fully recognises the need to ensure that action can be taken to tackle antisocial behaviour problems proactively before they degenerate into more serious incidents, when action may have to be taken under existing dangerous dogs legislation. Many hon. Members have referred to the fact that certain dogs are used as a cover for other forms of criminality. That is of course a very big driver for the police and other law enforcement agencies.

I realise that a number of people wanted to see proposals such as the introduction of dog control notices. I can see why dog control notices may be viewed as a positive and preventive measure. However, I hope that I can reassure everyone that anything that could be achieved through such notices could be achieved through the new antisocial behaviour measures proposed by the Home Office. I see no reason to introduce dog-specific notices. They would not add value to what is already out there.

I hope that hon. Members will take the time to read the White Paper. It sets out a range of ways in which practitioners could use the new powers to deal with irresponsible dog owners, from using informal measures to deal with problems early, to taking proactive action through a community protection notice to tell an irresponsible owner exactly what he needs to do or else, and using the crime prevention injunction or criminal behaviour order to deal with more serious cases.

I understand that there is considerable support for microchipping to be applied to all dogs. Our consultation on microchipping includes four options, but our preferred option is to microchip puppies as opposed to all dogs. The Government consider that there should be a balance between linking dogs back to breeders and not imposing a burden on all existing dog owners. Many points were raised about the data and where they are held. There will be a real onus on the vendor of a dog to ensure that the data are changed. There will also be an onus on the purchaser. No one wants liability to remain with them. It is like selling a car.

The Government remain absolutely committed to resolving this problem as best they can. Let us face facts. There will still be dog attacks. Whatever legislation the House introduces, there will still be appalling incidents, but we must do everything that we can to provide the necessary protection to innocent people, who are currently too often the victims of appalling crimes and attacks by dogs that are not managed responsibly by their owners.