Responsible Dog Ownership

Michael Connarty Excerpts

Tuesday 26th February 2013 Westminster Hall

[Ian Lavery]

Yes, of course. I fully agree, and will probably cover the issue in the next few minutes. If we are to have microchipping, it is extremely important that it is absolutely robust and foolproof. If we cannot guarantee that, we will be wasting our time.

The progress made on microchipping has been well received by all parties; it is one of the most important parts of the statement. There is still a lack of clarity, and some might say an undoubted dragging of feet, on the potential introduction of legislation in 2016.

In the Minister’s response, I should be delighted to hear further clarity on microchipping: the age at which dogs will be required to be microchipped, whether there will be any exemptions, how the law will be enforced, who will carry out the enforcement of the law and how it will be funded. Does the Minister expect enforcement to be proactive or reactive? Will microchipping a dog actually prove ownership of the animal? That is important. If a local authority receives a stray dog that is not microchipped, and if it is not claimed but in kennels, will the local authority be able to microchip the dog and re-home it? Will the requirement to keep contact details up to date on the database be cheap for dog owners? Will there be a maximum fee, to ensure that the introduction of microchipping, although most welcome, is not cost-prohibitive for many people? A lot of vulnerable people have dogs and cherish them. What education and awareness- raising will DEFRA do over the next two years to encourage compliance with the microchipping regime?

The second major issue is the suggested amendment of the Dangerous Dogs Act 1991. Extending section 3 to cover all places, including private property, is a major step forward, and will be welcomed on both sides of the House. It will extend the law and give better protection to people in their own homes, as well as to those I mentioned previously who enter private property, such as postal workers. Again, however, more clarity is required. For example, will the extension cover going inside a private dwelling, or will it remain at the front door and just cover the front garden? What private property will the law cover? Will there be a defence for dog owners protecting their property and, if so, what will it be?

Any amendment is important because the legislation is important. To effect the change in the law, DEFRA is to introduce amendments to the Dangerous Dogs Act as soon as parliamentary time permits. Put simply, there is not much disagreement in the Chamber this morning, but I disagree about the timing: it is not good enough to say that the legislative changes on private property will be introduced when there is parliamentary time. We need a guarantee that the legislation will be introduced at least in this Parliament. Indeed, we need to ensure that the legislation is introduced as soon as possible—this week would be fine as far as many people up and down the country are concerned. The Dangerous Dogs Act is seen by many as extremely poor legislation and as wholly ineffective, so it would be better to have consolidated legislation covering everything, rather than tinkering with other pieces of legislation.

The third major issue is the seizure and kennelling of suspected dangerous dogs. To ensure the welfare of suspected prohibited dogs that have become the subject of court proceedings and to ease the substantial cost to the police service, the Government have decided that the police will no longer need to seize and kennel such dogs pending the outcome of court proceedings if they do not consider the dog to present a risk to the public. The police will have the discretion to release a suspected prohibited dog when they are completely satisfied that it is in the care of a responsible owner. They will be allowed to put extra restrictions on the owner, such as requiring the dog to be muzzled and on a lead when in public. Such changes will be made by way of amendment to the exemption scheme, and can be done through secondary legislation. Someone mentioned this being the animal equivalent of an antisocial behaviour order, an ASBO, suggesting it should be a DOGBO. I have not seen that before, and I am not personally convinced, but the cross-party line is fully supportive.

The Government consider that allowing suspected prohibited dogs to be exempted from seizure in those circumstances strikes the right balance between protecting the public from potentially dangerous dogs and ensuring that the dogs are safely and properly looked after and not unnecessarily removed from their homes. There needs to be clarity on the issue. I am concerned that one or two dogs might slip through the net. I am not sure that the police are properly qualified to identify vicious or dangerous dogs. A beautiful white poodle could be totally vicious, and the biggest dog in the world could be quite placid and not vicious at all. Let us be honest about that: categorisation is difficult. The police are extremely talented at deciding about individuals and personalities from how they react, but I am not sure that they are well qualified to determine which dogs may be vicious and what owners must do to retain possession of their dog during a court case, if indeed they want to.

Further clarity is required. For example, is the Government’s proposal to allow dogs to remain with their owners effective at the point of potential seizure, or at the discretion of the police once the dog has been seized and kept in kennels? Has DEFRA made an estimate of the percentage of dogs seized each year that are likely to be affected by the proposal? If so, what is that percentage and how did the Department arrive at it? Why has DEFRA not looked at the court processes more closely, to require a time limit on expert witness exams for all dogs seized? I have already posed a whole number of questions, to which I have added more, but many issues need clarification, probably on all sides, to continue constructive dialogue.

With the Environment, Food and Rural Affairs Committee highlighting the need for a more fundamental approach to dog control, will the Government commit to updating and consolidating all dog control legislation? Will DEFRA commit to asking the Law Commission to conduct a review into dog control legislation, as per the Select Committee recommendations? Will DEFRA be providing any new money for training and education? The money that was mentioned in the written statement and subsequently, which I have not discussed yet, appears to have been spent already, as far as the Opposition can see. There is no new money.

I want to place on record my congratulations to my own authority, Northumberland county council: the public protection service’s animal welfare team has been awarded a gold footprint in this year’s RSPCA community animal welfare footprints scheme. The team at Northumberland county council ensure the highest standards of stray dog welfare during the collection and kennelling process; they carry out proactive work to educate owners and preventive measures to reduce strain and long-term stays. Although some north-east councils have achieved the silver and bronze awards, Northumberland was the only council in the north-east to achieve the gold footprint award in 2012, so good on it. It is good to see that in my region we are being proactive in putting the right resources into responsible dog ownership.

Members might be aware that I have an interest in greyhounds—indeed, I have owned and raced a number of them in recent years, with varying success—and I have been a very responsible owner. The greyhound is a truly remarkable athlete. It is one of the oldest breeds in the world: it is mentioned in the Bible, in Chaucer and in Shakespeare, no less. It is arguably the most protected of all canine breeds. The introduction of the Welfare of Racing Greyhounds Regulations 2010 under the Animal Welfare Act 2006 was a major advance, helping to raise welfare standards across greyhound racing, and we can take a leaf out of that book. All the 30 or so greyhound tracks in England must be licensed and inspected, as must their owners and their owners’ properties. That is about responsible ownership. The Greyhound Board of Great Britain is the regulator and looks after greyhounds’ welfare in the UK.

[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

A few years ago, I was involved in a campaign about the horrendous disposal of greyhounds after their working life. Greyhounds are given to people who kill them and bury them. One person was found to have buried hundreds in a field that he owned. Greyhounds may be looked after when they are running, but, sadly, their welfare after they finish running is really suspect.

[Ian Lavery]

I thank my hon. Friend for that. That is a wholly different issue. I have been involved with greyhounds all my life. There was an horrendous episode in Seaham, in the north-east; it was like the killing fields of greyhounds. That spurred the Government to introduce the regulations that I mentioned, so that every greyhound must be microchipped, and every greyhound is now microchipped. That is why I suggest that we should take a lead from the greyhound legislation and ensure that all dogs are microchipped. The case that my hon. Friend mentioned was horrific, and it was symptomatic of the times, but things have changed greatly. That is why I mentioned greyhound racing. There was a huge problem, but it has now been rectified because of legislation.

[Michael Connarty]

Before my hon. Friend moves on, I should say that an organisation in Scotland homes former running greyhounds, and I have been involved in its campaign. Retired greyhounds make wonderful pets; they are very loving and sensitive. Everyone who has homed one has been absolutely happy with it.

[Mr James Gray (in the Chair)]

Order. Before the hon. Gentleman answers, I should say, as the resident “Gray-hound”, that we are straying slightly from the topic of the debate. Quite a number of people are seeking to catch my eye, and it might be courteous to them if we keep our remarks reasonably short.

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[Michael Connarty (Linlithgow and East Falkirk) (Lab)]

It is a pleasure to speak under your chairmanship for the first time, Mr Gray. I have no financial interest to declare, but as an organising secretary of the Communication Workers Union group in Parliament, I have worked on the issue for many years when it was not so much in public view.

We must face facts. On this issue, we have a do-nothing Government. They have been provoked into re-announcing exactly the same promise they made last year and perhaps the year before. In 2010, the then Leader of the Opposition assured the Communication Workers Union’s health and safety representative, David Joyce, who has done a massive amount of work on this, that legislation would be introduced if he was elected. The Government have not done so.

The provocation came from a critical Select Committee report, and I suppose that another promise from the Government is better than the Liberal Democrats’ standard response—I note that a Liberal Democrat Minister will respond to the debate—which is to apologise for ever having made the promise, and then reneging on it. I hope that the Minister will recover some credibility for himself, if not for his party, which is a lost cause, by giving a fixed timetable for implementing the legislation in this Parliament instead of yet another vague promise.

The Select Committee’s report is not a bad effort by the hon. Member for Thirsk and Malton (Miss McIntosh), who is part Scottish and perhaps knows that in Scotland, Ireland and Wales legislation has been implemented to give people there better protection than in England. The Committee referred to the welfare of dogs. English people may have a soft spot for dogs, but perhaps they should have a soft spot for victims because clearly much needs to be done.

The report says that if a breeder has more than two litters a year from a bitch, they should be licensed. No. They should be banned. No dog owner should be allowed to breed from a dog more than twice a year, but that is what causes many of the deficiencies. There are weaknesses in the report.

One of the first people to be called by the Select Committee was Mr David Joyce, health and safety officer of the Communication Workers Union. Many of the responses, even to the Government’s present plans, are in line with those of the “Bite Back” campaign, which was formed in 2008 after two postal workers received life-threatening injuries in dog attacks; one in Sheffield, I believe, and one in another area.

The facts cannot be restated often enough: 23,000 postmen and women have been attacked in the five years since the “Bite Back” campaign started—that is five years of inaction by the Government to change the law—and 5,000 postal workers are attacked every year. It is worth calling Parliament’s attention to the fact that, as more parcels are now delivered by postal workers, more people have to go up to the door, knock on it and have it opened. The possibility of further attacks is increasing all the time, and we must therefore do something about it.

The Government’s proposal is welcome, and they will extend it—if they do bring in a timetable and it is not just another open, weak promise—to introduce legislation for attacks on private property and for compulsory microchipping. However, why are the Government not proposing to introduce—as has been done in Scotland and Northern Ireland, and is proposed in Wales—to have dog control orders, which are very important? Why are the Government not introducing compulsory insurance for dogs?

It is a travesty that the Government are proposing to end criminal injuries compensation scheme payments for dog attacks in the case of irresponsible dog owners—it is already a Government proposal—and yet they are not going to introduce compulsory insurance. If someone registers their dog with the Dogs Trust, for £20 a year, they get third-party liability insurance for the dog, with up to £1 million cover. That cost of £20 a year is less than one week’s food for a dog. It is estimated that, over a dog’s lifetime, a dog owner can spend up to £16,000—in fact, some estimates even put the figure at £31,000, when looking after high-quality breeds that are taken off to Crufts, and so on. It seems that the insurance costs less than the dog’s inoculation for flea and worm treatment, but the Government do not intend to introduce it. If they are taking away criminal compensation payments, surely some kind of compulsory insurance for dogs must be introduced, so that anyone attacked by a dog is compensated for their injuries in a proper manner.

We have heard about the children that have been killed. Four of those have been killed since 2008, when the “Bite Back” campaign started, and Governments have not responded to that. Five adults have been killed since 2008, and nothing has been done about it. How many people have to die or be injured seriously by dogs before the Government do something about it? Irresponsible dog ownership will only be controlled by the Government imposing a serious penalty on people who have such dogs in any area and use them in any way, whether that involves attacks on guide dogs—and I totally support the idea of an aggravated attack: attacks on caring dogs should be treated as though they are attacks on the owners. The Government must do more. Their offer is not enough at this time, and responsible dog ownership requires not only microchipping, but dog owner control orders and compulsory insurance for dogs, as well as many other things.

Finally—I know that other Members want to speak—Dave Joyce sent round a portfolio for people to read, and I wonder how many people took the trouble to open it, to see the type of dog we are talking about, and the injuries to a child. They should look at that if they have not seen a victim face to face, and realise that we are talking about saving people—it is not just about nips or a torn piece of clothing—from serious, vicious dog attacks. It is time that the Government lived up to their responsibilities, kept their promises and delivered a timetable for legislation.

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[Huw Irranca-Davies]

My hon. Friend makes the point succinctly on behalf of her constituent and all the others. We are talking about families who have lost loved ones, in her constituency and elsewhere, in traumatic situations; families who have been attacked and owners of guide dogs and companion dogs who have been attacked. The hon. Member for Brecon and Radnorshire (Roger Williams) mentioned dogs that are out of control in rural areas. All those issues have to do with irresponsible ownership, rather than the type of dog. That is why, although we welcome the announcements and, indeed, the re-announcements that have been made, there is an element of frustration, which has been relayed in the debate today. We are saying, “Get on with it.” We will support the measures. We will rally behind the Government to the nth degree to get things done.

The hon. Member for Banbury (Sir Tony Baldry), who has great experience of the issue, raised the possibility of the Minister beginning discussions on the overall issue of the dog legislation that is in place—a theme that was picked up by other hon. Members. I agree with the hon. Member for Banbury, but we are in year 3 and going into year 4 of this Government. We would have preferred to be doing things now and getting on with it. It is not as though we have been quiet on the issue. It is not as though the RSPCA, Dogs Trust, the CWU, the Royal College of Nursing, the Police Federation and others have been quiet; they have all been very streamlined on the issue.

One of the big problems previously was that Ministers would say, understandably, “Well, there isn’t any agreement.” Actually, there has been a tremendous amount of agreement. It is rare to get this level of agreement, and it extends to such things as dog control notices. It extends to saying that we should have a fundamental look at the overall complexity of the legislation and whether it should be overhauled. There is agreement on microchipping. I say to the Minister, “Go on. We’ll rally behind you on this. We need to do it. Let’s keep the cost low and the burden minimal. Let’s ensure that it works, that it’s efficient, that the technology is right and that the databases are secure and actually talk to one another.” Yes, there are technical issues, but let us get on with it. Let us deal with the internet trading and backstreet trading. Let us deal with the strays and the resulting kennelling costs for local authorities, the police and others. Thousands upon thousands of dogs are euthanised every year. That is appalling in a society that purports to love its animals—a pet-owning nation.

What is going wrong? It is a classic market failure in many ways. There is demand for the breeding of dogs and for the selling of dogs on the internet. There is demand for illicit trading in dogs. We must step in and take control. We must ensure that resources are in place and that there is enforcement. The hon. Member for Tiverton and Honiton, in his very good contribution, made the point well about enforcement, but enforcement carries resource implications. Whether local authorities, police or charities are doing the work, we need to find a way to do more with less—to pick up the phrase of the day—but also to ensure that enforcement is happening.

My hon. Friend the Member for Wansbeck did a tremendous job of highlighting the challenges ahead. He talked about the £57 million a year of kennelling costs for local authorities. He talked about the cost to the police of kennelling dogs. More than 100,000 dogs stray, or are lost or stolen every year. Six thousand dogs are put down every year. What a tragedy that is in terms of animal welfare. There is also the impact on local authorities and others. There are attacks on communication workers, social care workers, home visitors and so on. It is an absolute tragedy. There are 5,000 attacks on postal workers every year. There was a 12% increase in the number of warnings issued by the RSPCA to dog owners last year because of poor welfare.

What is going on? It may be a result of the economic times we are in. I do not know. Certainly when I visit Battersea Dogs and Cats Home or other organisations, they tell me that more dogs are being abandoned, and it is not just breeds that are perceived to be dangerous; dogs across the board are being left. They are being tied to lamp posts; they are being left at shopping centres for someone to come along and pick up. There are major implications in what is happening, but I say quite genuinely to the Minister that he has our support in taking action, as well as saying the words.

We need to get on with it. There have been calls from hon. Members today for the Government to set out a timetable. As a former Minister, I am familiar with the form of words, “When parliamentary time allows”, but I am also familiar with Ministers then coming to this Chamber or to the main Chamber and saying, “What I mean by that is that we will do it within this parliamentary Session. We’ll have to work with the Whips; we’ll have to work through the usual channels, but we will do it.” That is the sort of commitment we are looking for. We want to know that action will be taken and when. We want to know when the Minister will ask us for our support—to wade in on his side.

[Michael Connarty]

I know that my hon. Friend on the Front Bench is trying to persuade the Government, rather than chastise them, but surely there is a major problem in this respect: if Scotland, Wales and Northern Ireland have introduced or are introducing dog control notices and the Dogs Trust offers, at £20 a year, proper liability insurance for dog owners, should the Government not bring in those notices in England, and also make it compulsory for dog owners to insure their dogs under a scheme such as the one I mentioned so that victims can be compensated?

[Huw Irranca-Davies]

My hon. Friend raises a very good question for the Minister. As my hon. Friend the Member for Penistone and Stocksbridge said, if Northern Ireland, Scotland and Wales can do it—the reforms are of different types, but they are moving ahead on the issue—why cannot England? My hon. Friend said that fundamental question remains today; we are still at the same point.

I tabled written questions for the Minister. I asked, pursuant to the statement that he made, whether the Government planned

“to bring forward in this parliamentary Session an amendment to the Dangerous Dogs Act 1991 to allow for the prosecution of attacks that take place on private property.”

The response from the Minister was:

“I will answer the question as soon as possible.”

Today is a good opportunity to do that. I also asked whether the Government planned

“to bring forward in this parliamentary Session amendments to existing legislation to allow for the introduction of compulsory microchipping in England.”

The Minister responded:

“I will answer the question as soon as possible.”

Again, today is a tremendous opportunity for the Minister to make clear when he will do that. We are looking to rally behind him. He will know that despite the initial warm response, there have been criticisms, from Blue Cross, Dogs Trust and the RSPCA, that the plans do not go far enough. I look forward to his response, including a definite timetable, so that across the parties we can rally behind action, not just words.

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[Mr Heath]

The databases are already in place. They are available; they are being used and will continue. We do not propose to establish new databases. They will be available to the police and local authorities to access. There will be a single portal, which we are working on, so that no one has to worry about whether they use one database or another. Those databases will be used.

[Michael Connarty]

rose—

[Mr Heath]

I have very little time to answer the hon. Member for Linlithgow and East Falkirk (Michael Connarty), because I want to move on to the Dangerous Dogs Act 1991, which is extremely important.

The second key element of our proposals is to address the scourge of dog attacks on people. I will not repeat the statistics but simply say that regular attacks by dogs on people are totally unacceptable. We need to toughen up the law, and we propose to do so. Many hon. Members have asked when we will introduce the changes. The hon. Member for Ogmore (Huw Irranca-Davies) was kind enough to accept that there are conventions in Government, with which he is familiar, whereby I cannot possibly commit to a particular time for the introduction of legislation. It will not happen this Session, because we are only a couple of months away from its end. Introducing new legislation at this point will simply not happen.

I will be equally clear and say that it is certainly our intention to introduce legislation in the next Session of Parliament—not before the end of this Session, but in the next Session. That is our intention. [Interruption.] A shadow business manager—the hon. Member for Penistone and Stocksbridge (Angela Smith)—is cheering, but she knows the constraints under which I make that statement. I simply say that we intend to do so, because, subject to parliamentary approval, we want the proposals to be in place during the next year. I hope that answers the major question that hon. Members asked.

Other matters were raised about whether the Law Commission ought to deal with the legislation. I do not think that this is a case for the Law Commission; it is not complex law and there are no legal ambiguities. It is of course always better to consolidate legislation, but I am not sure whether it is necessary in this case. Look at what the Home Office is proposing on dog control orders and the antisocial behaviour proposals being introduced. They will provide a very firm vehicle for the control of dogs and the anticipation of such offences, which the Home Affairs Committee has been looking at—