Legislation on Dangerous Dogs

Luke Evans Excerpts

Monday 27th November 2023 Westminster Hall

[Nick Fletcher (Don Valley) (Con)]

I beg to move,

That this House has considered e-petitions 624876 and 643611 relating to legislation in respect of dangerous dogs.

It is a pleasure to serve under your chairmanship, Dame Caroline.

Jack was 10. His mum, Emma, described him as “our perfect boy”. On 8 November 2021, Jack went to call on a friend. He was attacked and killed by an XL bully. Jack suffered fatal injuries. He was 10 years old, and his life was over—absolutely tragic. Jack’s mum, Emma, told me that their lives will never be the same again. The community came together and showed huge support for Emma and her family, but sadly Jack is gone forever. I have had to lead petition debates on many subjects, often in circumstances where a life has been lost, but I do not believe that I have ever had to speak when there has been a loss of life in such horrific circumstances.

We have two petitions before us for debate. The first calls for the Dangerous Dogs Act 1991 to be repealed; the second calls for the Act not to include the XL bully. Having heard Emma’s story and taken evidence before today, and having seen and heard of many of these attacks, I can understand why the Government have announced a ban, but before I move on to the arguments, I will make it clear that Emma never called for the ban, as she believed that it would never happen. Shockingly, since the announcement of the ban, Emma has received real abuse from people who disagree with it. Doing that to a grieving mother is abhorrent, and I hope that if those responsible are caught, they are dealt with severely. Emma has suffered enough. Her only goal is to ensure that no one else has to go through such an ordeal. My heart goes out to her.

I will turn to the position of the Government and the petitioners. Following a concerning rise in attacks and fatalities caused by XL bully dogs, the Government have added the breed to the list of dogs banned under the Dangerous Dogs Act 1991. To help current owners adapt to the new laws, the changes will come into force in two stages. From 31 December 2023, it will be against the law to sell an XL bully dog, to abandon an XL bully dog or let it stray, to give away an XL bully dog, to breed from an XL bully dog and to have an XL bully in public without a lead and muzzle. From 1 February 2024, it will be a criminal offence to own an XL bully dog in England and Wales unless the dog has a certificate of exemption.

There is help with getting an exemption certificate on the Government website. If people want to keep their dog, it must be microchipped, kept on a lead and muzzled at all times when in public, kept in a secure place so that it cannot escape, and neutered. The owner must be over 16 years old, take out third-party public liability insurance against their dog injuring other people, and be able to show the certificate of exemption when asked by a police officer or council dog warden, either at the time or within five days.

[Dr Luke Evans (Bosworth) (Con)]

My hon. Friend is making a good point about what the Government have laid out on their website. One of my concerns is about the ban coming in so quickly. Does he believe that the public have enough information, or know where to find the information, to enable conscientious owners who want to look after these dogs and protect them to make an informed decision? Is there enough time to ensure that the information about what is needed from responsible owners gets out?

[Nick Fletcher]

My hon. Friend is right is right to raise that point, which I will come to later in my speech.

I have discussed these petitions with many friends and colleagues. Like me, after hearing of such horrific attacks, they found it hard to believe the numbers that support repealing the ban. We have banned other dogs in the past, and these dogs are obviously dangerous, so who would not want to ban them? What is the reason? Let us explore further. During my research, I spoke to many professionals in this field; I attended six evidence sessions, and I attended the Environment, Food and Rural Affairs Committee in October.

What has been said by the petitioners? Anita Mehdi, the creator of the main petition, states that she believes that adding another breed to the Dangerous Dogs Act is not the right way forward. She also believes that the media is to blame for fearmongering, and there is no official data on dog breeds and dog attacks. Anita hopes for a platform where accurate data can be recorded. Anita also believes that it is dangerous to class a dog by its type, when it is irresponsible owners that need to be targeted. She believes that the Calgary model is a good example that the Government should take into consideration when looking into responsible ownership. When asked about muzzles, Anita explained that responsible owners will comply and use them, but there will be owners who will not, and they need to be tackled.

Glyn Saville, a petitioner against the XL bully ban, who is here today, says that the number of XL bullies is in excess of 90,000 and that implementing the ban will therefore be very difficult. He also says that these dogs are not bred to be aggressive to humans—although some people may disagree—and that if a ban is brought into effect, families living in social housing will be at real risk of losing their pets if they wish to stay there, as landlords can refuse exempted dogs. Another petitioner, who has called for muzzles not to be part of the ban, said that her dog can now not defend itself and that it has being attacked by other dogs, since having to wear a muzzle.

Even the professionals have concerns. The British Veterinary Association stated that banning one breed will not work. The BVA representative compared it to the banning of a single weapon and explained that it may work in the short term but that the ultimate goal is surrounded by so many complex social issues that it would be difficult for it to last in the long term.

--- Later in debate ---

[Dr Coffey]

I would say to my hon. Friend that the guidance is as clear as it can be. It gives a number of physical characteristics, and I am sure the Minister will say more about that and the process being gone through. I suppose that in introducing the legislation, I very much wanted to put across that the issue is not being considered lightly and that a lot of care and attention has been given to the detail.

I must admit that I have had several death threats about this legislation and I am conscious that it is driving those strong emotions. What I will say is that the Government took an approach that would allow time for people to rehome an XL bully-type dog if they felt they could not keep it. Also, the situation is very different from what has happened recently, when people have had a pit bull or similar: owners can still apply to get a certificate and join the index of exempt dogs. The default here is that every person who registers their XL bully-type dog will get a certificate automatically and will automatically join the index. That is a significant difference, even though I am conscious it will cost some money to do that.

[Dr Evans]

I am grateful to the former Secretary of State, and the point she is making should be considered. From 31 December, breeding, selling, advertising, gifting and abandoning XL bully dogs will be illegal, but there is also the issue of rehoming. A Sky report over the weekend said that 246 of these dogs are waiting to be rehomed. I had a constituent stop me on the high street who wanted to rehome one of these dogs but was struggling to get the information on how to go about doing that. I am slightly concerned because rehoming is one way of saving these dogs by ensuring they get support from a responsible owner who will take on a licence. Could a carve-out for rehoming be considered, so that it is pushed back to 1 February in line with the rest of the exemptions coming in?

[Dr Coffey]

I am not in Government anymore, so that is a question for the Minister. I think that was done to bring to an end the opportunity for the transfer of dogs. It is admittedly on a rapid timescale, but we must remember the reason why we are taking this approach at all: to try to stop attacks. People read about attacks every week, and they are happening around the country. Somebody may absolutely want to help a dog by rehoming it, but they need a certain amount of training to look after such a strong animal.

If we think about an adult XL bully dog, we are talking about something that weighs about 70 kg. These are big dogs. They really have a lot of strength and, frankly, the only way to unlock their jaws once they latch on to somebody is basically to choke them. Do not kick them in the head or anything like that—that will only make them grab on even tighter. That is what we are dealing with. Sadly, some of these dogs do get out of control and it is their characteristics that lead them to have that physical strength. Also, we must not get away from the fact that they were originally parts of various bits of pit bulls, mastiffs and similar.

It is, of course, understandable why people who have their XL bully dog next to their children every night, with the dog probably licking the children to death—if that makes sense—think it will protect them. But there is the risk and the results of that risk are happening too often.

I am not planning to linger in this debate; I will just say briefly why I think this an effective piece of legislation. I am very conscious of the reviews that have happened and how different Select Committees have called for more extensive action. I am also very aware that the Dogs Trust, the RSPCA and similar charities do not think the legislation effective. However, the reality is that the number of attacks by pit bulls basically went away when this legislation was put into place. The muzzling and the different licence approach are things that we need to happen as quickly as possible for the existing XL bully dogs in this country.

As for alternatives, there has been a lot of talk about licensing. Well, licensing to own a dog was scrapped a long time ago. I do not think that councils would welcome having to take on the whole licensing of dogs right across the country. Of course there has to be enforcement on breeding and disreputable practices. In section 3 of the 1991 Act, there is a wider approach for all dogs; any dog can be dangerous. So far, however, five specific dogs have been singled out, because of their characteristics.

I am very conscious that the job of politicians is to make law. I appreciate that one of my hon. Friends does not think this law is necessarily the right way. But this is what we do—one day something can be legal and the next day it can be illegal. We do these things because we believe they are the right thing to do.

It is of course open to Members to pray against this statutory instrument, but I really hope that does not happen because it is important that people get certainty and can take positive action. As I say, anybody who has an XL bully dog right now will be granted the certificate to join the index of exempt dogs. In effect, that will be automatic, as long as the conditions are complied with and they can say so on that register.

I am conscious that many people want to speak today. In conclusion, people must have time to rehome and everybody who loves their XL bully should be able to keep it. I commend the legislation, which is still passing through the House.

--- Later in debate ---

[Dr Neil Hudson (Penrith and The Border) (Con)]

It is a privilege to serve under your chairship, Dame Caroline. I declare my professional and personal interest in this matter: I am a veterinary surgeon and a fellow of the Royal College of Veterinary Surgeons.

I fully understand the passion and emotion on both sides of this very important debate, but I have sadly come to the conclusion that the Government are doing the right thing in banning the American XL bully dog. We have heard accounts of recent attacks, and some of us have seen videos; we need to act swiftly. This has been a difficult decision, but the Prime Minister has called for a ban and the Leader of the Opposition has supported him, so the ban is coming and as legislators we need to ensure we get it right. As a veterinary surgeon and MP, I believe we can get it right, but we need to work with all stakeholders.

This is not a party political issue. How we think about human and animal welfare unites us in humanity across the House. We need to protect people and other animals. The ban is coming, and we need to make it work practically, sensitively and compassionately. As we have heard, we also need a longer-term piece of work in parallel to reform the legislation and look closely at responsible dog ownership.

The 1991 Act covers four types of dogs—the pit bull terrier, the Japanese tosa, the dogo argentino and the fila braziliero—and the American XL bully will be an important addition to that list. I am aware that many XL bullies are friendly pets in the right homes and with the right ownership, but sadly, because of their sheer size and weight, they can become uniquely dangerous. They are hugely powerful dogs, with a hugely powerful, muscular jaw structure, and they can weigh more than 50 kg or 60 kg.

We have heard public statements from consultant human surgeons about the severity of the wounds that these dogs can cause. The bites cause crushing or tearing injuries that are worse than the wounds from other types of dog bites; the statements back that up. The implications of being bitten or attacked by that type of dog, compared with a dog such as a French bulldog or a Jack Russell, are orders of magnitude worse.

Some of these dogs are bred for exaggerated conformation and extreme conformational features, and some have had their ears horrifically cropped. The breeding of these animals has been fuelled by the uptick in unregulated canine fertility clinics, which are not supervised by veterinary surgeons although acts of veterinary surgery, such as blood sampling and artificial insemination, take place in them. The EFRA Committee has looked at that issue closely in our “Pet welfare and abuse” inquiry, and we will be making recommendations about that. Unscrupulous breeders are fuelling the trade in these dogs, some of which are used as status symbols—I emphasise again that it is not all XL bullies, but it is a significant number.

Ear cropping is not clinically indicated in the dog; it is a cosmetic procedure that is illegal in this country, although there are loopholes that mean that the dogs can be imported. I am pleased that in this parliamentary Session the Government will introduce legislation to ban the importation of ear-cropped dogs, because that loophole means that some dogs are being illegally cropped horrifically—potentially in people’s back gardens because kits can be bought online. The procedure does not benefit the animal but it makes it look more intimidating.

Popular culture also has a role to play. Look at some of the really popular animated films: some of the dogs in “Up”, one of my favourite films that I have watched with my kids, were cropped; and one of the lead characters in the film “DC League of Super-Pets” from a couple of years ago had his ears cropped. People going to the cinema and seeing dogs with their ears cropped normalises the practice in society. People think, “Well, that’s normal” and “That’s what dogs should look like,” when actually the procedure is horrific and should be outlawed completely.

As we have heard, there is complexity in typing and defining. The Government have engaged closely with police, veterinary and animal welfare experts, and local authorities to produce guidance and advice, but I stress that this is an evolving, iterative process, and I urge the Government and stakeholders to continue to work together to stay around the table so that other types of dog are not inadvertently caught up in this ban.

I firmly believe that we need to be very careful about some of the language we use in this debate. We should not be talking about mass culls or killing of animals. Very early on, when this debate came to a head in September, the chief veterinary officer, Christine Middlemiss, spoke of this ban dovetailing with the humane and sensitive managing of the existing population of XL bully dogs. I stress that if these dogs are safe and responsibly owned, people can keep them. They can register them as long as they are neutered, insured, and kept on a lead and muzzled in public.

I urge the Government and local authorities to work with and support all the animal welfare charities. We have heard about the stresses and strains on the animal welfare sector. It was already under significant pressure, and the pandemic put it under much more. I also urge the Government to continue to work closely with the veterinary sector and look at expert opinion, such as that articulated by the British Veterinary Association last week in its letter to the chief vet, which talked about elements like neutering. I think the Government will get the veterinary profession to come along with them by having some flexibility and potentially extending the neutering deadlines, under which many of the dogs will be neutered when they are under 18 months—the age recommended for heavy types of dog. Extending the deadline until the end of June 2025 for dogs of this type that are under seven months at the end of January 2024 could help. It could benefit health and welfare, as there have been studies suggesting that neutering some of these heavy-type dogs too early can lead to an increased risk of developmental orthopaedic disease and some other medical conditions. It is important to try to work closely with the veterinary profession; working collectively will help.

That brings me on to some of the mental health implications of what we are talking about today: for the owners of these animals, the general public at large, the veterinary profession, and the animal welfare sector, which are taking some of the hit on this. We looked very closely at some of these issues in our EFRA Committee inquiry on pet welfare and abuse and in our rural mental health report, which we published this year. Many charities and veterinary professionals will become involved in euthanasia in cases where the dogs cannot be kept. We need to be cognisant of what that means for the veterinary profession, for the paraprofessionals and professionals working in it, and for the animal welfare sector, which works with them.

I have spoken with many in the sector. As has been mentioned, a couple of weeks ago I spoke at the London Vet Show, where I heard significant disquiet and distress among some vets and practices. I firmly believe that if we take that on board, work collectively and responsibly with the sector to see whether we can evolve some points such as the neutering guidelines, and think about the capacity issues with regard to euthanasia, that will help us to get a more practical and sensible ban moving forward. Responding to some of those concerns will get more vets on board. Vets do not like doing things to animals if they do not think there is a clinical benefit for those animals, so some movement would help—the neutering extension would be only six months. From December, it will be illegal to breed from these animals. We want to get the existing dogs neutered so that no more of these dogs come into being, but having a little bit of flexibility in working with vets may help.

Equally, I have spoken to some vets who agree that we need to go ahead with this. There are views very much on both sides of the debate. We need to work together to get through this—it is not an easy thing to do. I do not believe that it is a politically expedient issue: the Government and, now, the Leader of the Opposition have backed it. It is a tough thing to do, but it is the right thing to do.

Some vets and charities will disagree with my view. People talk about judging the animal by the deed and not the breed. As far as I am concerned, once that deed is committed, it is too late: that child or adult is maimed, or worse. We therefore need to look at this in the round and think about the deed and/or the breed. In the short term, however, adding this type of dog to the list is the right thing to do.

[Dr Luke Evans]

My hon. Friend is making a fantastic speech, and I will be grateful for his expertise on this question. Currently, there are no legal ramifications for a dog that attacks another dog. Are there any precedents for introducing such legislation or for starting to collect data on whether that is predictable; and, in his professional opinion, is a dog that attacks another dog predisposed to attack further dogs or even humans?

[Dr Hudson]

My fellow clinical colleague—in a different profession—makes a strong point. During the Select Committee inquiry, we found that there is a paucity of data on this. We have certainly seen an uptick in attacks on people, but there is a lack of data on dog-on-dog attacks. Part of this legislation is very much about keeping people safe, but part of it is about keeping other animals safe. The more data we can get in order to make evidence-based decisions, the more it will help.

As other Members have mentioned, a longer piece of work needs to be done in parallel with this short-term legislation. We need to look at responsible breeding, responsible dog ownership, responsible training and responsible socialising of those animals, and we need to tackle some of the issues that have been raised, such as the iniquitous existence of puppy farms and unscrupulous breeders.

We also need to tackle puppy smuggling, and again I am grateful to the former Secretary of State, my right hon. Friend the Member for Suffolk Coastal (Dr Coffey), who has been supporting—as the Minister will be doing—private Members’ Bills to take elements of the Animal Welfare (Kept Animals) Bill through the House in order to tackle some of the issues and ultimately to help us to improve animal welfare.

The longer-term changes to address the people who are working with these dogs will not happen overnight. That is why the Government are right to carry on with the short-term ban while the longer piece of work is done. We need to make people better at looking after their dogs, but, in the meantime, we need to keep people safe from this particular type of dog.