Legislation on Dangerous Dogs

Neil Hudson Excerpts

Monday 27th November 2023 Westminster Hall

[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.

[Wayne David]

The hon. Member is making a very good case, but does he recognise the danger that, by putting the focus on this one piece of legislation and by talking generally of other issues in the future, the impression will be given that one statutory instrument will be sufficient to tackle the problem? Is there not a danger that people will come to believe that, even though we know it not to be the case?

[Dr Hudson]

The hon. Member makes an interesting point. He also made the point earlier that once we ban this type of dog, people will look to find another type of dog. I acknowledge that some unscrupulous breeders will try to develop the next status-symbol type of dog, but that should not stop us from trying to stop such attacks on people and animals. This legislation is not perfect, but what we have seen in recent times means that something needs to be done now—in addition to a holistic piece of work to address some of the issues that he has rightly raised.

I fully recognise that this is very difficult for many owners. It is very difficult for the animal welfare charities and the veterinary sector as well.

[Ian Lavery]

As a vet, is the hon. Member not bound by some sort of oath? Vets should not be putting down any animals that are fit and healthy, when there is no reason whatsoever to put them down. He has said he feels that it is necessary. What is his personal view?

[Dr Hudson]

I have raised many points about vets being uncomfortable with doing some of this. A lot of veterinary practices and companies have surveyed their staff and will not force vets to do things they do not want to do. That said, I come back to the point that if some of these dogs are safe, they can be kept. As we heard from the Chair of the Select Committee, my right hon. Friend the Member for Scarborough and Whitby (Sir Robert Goodwill), it is not feasible for rehoming centres to rehome dogs that are not eligible and put them into an environment where they could hurt someone. Sometimes we need to make professional and clinical judgments.

Sadly, some of these dogs will have to be put down, but I come back to the language that we need to be using. This is not some form of mass cull; actually, we are keeping dogs safe. If dogs are not deemed to be safe and cannot be registered, we must try to keep people and other animals safe. I recognise the difficulties on both sides, but I believe that the spate of attacks we have seen in recent months means that the Government and Parliament are right to act, but we have to get it right. We have to do it practically, sensitively and compassionately to protect people and other animals.