Anti-social Behaviour, Crime and Policing Bill

Martin Horwood Excerpts

Tuesday 15th October 2013 Commons Chamber

[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.

[Mr Spencer]

Will the hon. Gentleman give way?

[Martin Horwood]

I am sorry, but I will not, because of the time.

Another important provision, which has not been mentioned much in the debate so far, is clause 99, which begins the necessary shift from breed to deed. It requires a court to establish whether a dog is

“a danger to public safety”,

given

“the temperament of the dog and its past behaviour”,

and to establish whether the dog’s owner is a “fit and proper person” to own a dog. I agree with the criticism by the hon. Member for Penistone and Stocksbridge of the rather strange list of obscure breeds, which I am not sure that most police forces would recognise even if they came across them. I do not know whether we will eventually abolish that list, but I certainly think it significant that the Bill is embarking on that shift towards tackling deed and behaviour rather than just breed.

I have some sympathy for the amendments tabled by the hon. Member for Bedford (Richard Fuller). They seek tougher sentencing, underlining the fact that in many instances dogs are used as lethal weapons, and that we should see that in the context of the responsibility of their owners. I also have some sympathy for the amendment tabled by the hon. Member for Stockport (Ann Coffey), as, I think, will legions of Liberal Democrat “Focus” deliverers. My constituent Councillor Rob Reid provided me with a paddle which I now use to push leaflets through letter boxes. A deliverer can take some responsible action. The paddle now bears a good many teeth marks, which could have been on my fingers. Councillor Reid made it by cutting up old “Yes to the alternative vote” campaign placards, which is probably one of the lesser but more positive outcomes of that campaign.

[Angela Smith]

Is it not true that, if we legislate specifically to require dog owners to put guards on their letter boxes, we will run the danger of neglecting the other risks that people face when they go on to private property, such as dogs running free in back gardens? Is it not the case that there are a number of possibilities in terms of dog attacks once someone passes the boundary of the gate?

[Martin Horwood]

It is important that the Government consult carefully on all these things. We do not want to intrude too much into the realm of private property and what people are allowed to do with their dogs in their property, but the point that the hon. Lady makes is well made.

I ask the Minister to consider carefully the campaign by Naturewatch, which is based in my constituency and led me to table early-day motion 412 to address the issues of irresponsible breeders and the need to regulate the advertising and selling of pets. That could be the next important step that the Government take in their rather gradualist approach to the issue. In many ways, that is one of the root causes of the phenomenon of dangerous and trophy dogs and dogs used as weapons.

For now, however, we should congratulate the Government on taking some important steps to tackle the issue. The steps we are voting on today will help to save lives. They will potentially save the lives of children like poor Jade Anderson and the lives of adults. They will certainly save the lives of pets. Those steps are overwhelmingly to be welcomed.

[Luciana Berger]

In November four years ago, my constituent, John Paul Massey, was killed by a dog in Wavertree. He was four. It happened during the run-up to the general election. I remember the impact that his death had not only on his family and their friends but on the wider community. To this day, I have people who come to talk to me about the experience of that happening in our community and how it has impacted on them, even though they may just have been a neighbour or someone who lived in a neighbouring street. It is not just John Paul Massey who tragically lost his life. Hon. Members on both sides of the House have mentioned many other victims. One life lost because of a dog is one life too many. I hope that the Minister will reflect on that in his response.

I am going to echo many of the comments made by hon. Friends and Members on the Government Benches. I notice that there are people present who have been long-standing campaigners on the issue for far longer than I have following my election in May 2010. I pay tribute to my hon. Friend the Member for Penistone and Stocksbridge (Angela Smith) for the hard work that she has done for so many more years than I have on the issue. My hon. Friend the Member for Bolton West (Julie Hilling) has been affected in more recent times. We have heard the worst examples and seen evidence in newspapers and on television of the most tragic injuries and of people who are permanently disfigured. As we have heard, every year, thousands of people are hospitalised. Every year, hundreds of thousands of people are attacked by a dog and may not present themselves to the NHS. For many of those people, there are long-term psychological consequences. For people on the front line who go into homes, be they social workers, BT workers, meter readers or energy company staff, such attacks can have a long-term impact on their ability to work.

As we have heard, the attacks come at a great cost. The estimates that we have are very conservative. There is a cost of £10 million a year to the NHS. That should cause any Government concern. Equally, as the hon. Member for Sherwood (Mr Spencer) said, people who are visually impaired will be affected if their guide dog is attacked. I do not think that enough of us know—I learned this only recently—that it costs £50,000 to train and look after a guide dog over its lifetime. That is all charitable money. If a guide dog is attacked by a dog, not only will there be a cost and long-term consequences for the guide dog, but the owner, who has spent time bonding with the guide dog and has depended on it, will no longer have a friend. That can also have long-term consequences.

I support new clause 3, which is in my name and that of many hon. Friends, because I share the criticism by the Select Committee on Environment, Food and Rural Affairs and many hon. Members on both sides of the House. Although I welcome what the Government have done on the issue, the clear message that I have heard from professionals in the field is that we should prevent dog attacks from happening in the first place.

I have listened very closely to the contributions of Members on both sides of the House, in particular those on the Government Benches who spoke in support of what the Government have come forward with thus far. I have also looked very closely at the community protection notices and I have listened to the professionals who know far better than I do how this will operate in practice, and I will listen very carefully to the Minister’s response, too, but I have strong concerns. As it stands, CPNs are very bureaucratic and practitioners will need a lot of time and resource to implement them. They will not sufficiently address dog behaviour and welfare. That is, essentially, what all of us here are talking about today. There are also concerns that the CPN will come too late, because the dog owner must be served with a written warning before they can be issued with a CPN.