Dogs (Protection of Livestock) (Amendment) Bill

Nigel Evans Excerpts

2nd reading
Friday 2nd February 2024 Commons Chamber

[Richard Fuller (North East Bedfordshire) (Con)]

It is a great pleasure to speak to the Bill introduced by my right hon. Friend the Member for Suffolk Coastal (Dr Coffey), which I fully support. As you will know, Mr Deputy Speaker, she is well known in this House as being the main organiser of karaoke sessions. If her voice were in full throttle, I am sure she would have made her case with all the gusto with which she belts out songs at those karaoke evenings. Alas, we will have to wait for another day for that.

This is an important Bill. In my time in Parliament, I have been involved in amendments to the Dangerous Dogs Act 1991 and, more recently, in my private Member’s Bill on hare coursing. This Bill gets the fact that it is not about the dogs but about owners. It is about the possession of the dogs. It is about trying to improve the behaviour of dog owners.

Mr Deputy Speaker, I hope that you will allow me a point of levity—it is kind of serious. My hon. Friend the Member for Ynys Môn (Virginia Crosbie) is about to speak. I fear that her contribution will include a story about her dog Violet, a lovely cocker spaniel. I therefore feel that I need to own up to something. It was one of those days when Back Benchers were asked to go canvassing in a by-election. Obviously, the Conservatives were looking forward to a resounding victory in that by-election. I was joined in a small group of Conservative Back-Benchers by my hon. Friend the Member for Ynys Môn and some others. We were knocking door to door, and someone had to hold the cards and mark down people’s voting intentions. My hon. Friend decided that she would do that, and she entrusted to me the safe custody of her lovely dog Violet.

My hon. Friend asked me to go to house No. 1 and meet the family. I went to that door in that particular street, and immediately heard barking from inside. I took Violet and moved her behind me. The lady answered the door and said, “Don’t worry, he’s on a lead.” A few seconds later, her husband left with a dog—it was the dog that was on the lead. He left to one side, and my eyes carefully followed the dog, with Violet protected behind me. It was only when the gentleman got into his car that another dog came out and attacked poor Violet. One can imagine my hon. Friend’s feelings, barely three minutes after she had entrusted me with the dog, when I ran down the street with Violet in my hands, blood rushing from her neck.

My point is not only to put on record my apologies to my hon. Friend the Member for Ynys Môn. I am sure my hon. Friend the Member for Wyre Forest (Mark Garnier) will be laughing, because he was there, too. My point is that control of animals is a risky business, whatever the circumstances. Control of dogs with the best of behaviour is a risky business. The Bill seeks to ensure that that behaviour is kept to the highest standard and, importantly, to bring up to standard some of the powers that the police need to enforce the law.

One of the issues related to the Hare Coursing Bill was that the police did not feel that they had the appropriate measures, in particular the ability to seize and detain dogs. In those instances, the dogs doing hare coursing were being gambled upon, and therefore were valuable to the owner. But in all cases the ability of the police to take away the dog and to charge the kennel has a deterrent effect. I am pleased to see those provisions in this Bill.

I am also pleased, perhaps unusually, to see clause 4, which gives a justice of the peace the power to authorise the police to enter and search a premises. A survey by the National Sheep Association asked how many times animals have been worried or attacked, and I think 70% of respondents reported such an experience, but in only 14% of cases—barely one in 10—did the owner of the dog alert the owner of the livestock to the crime. Either people do not feel that a crime has occurred or they do not think it is important enough, so a lot of the evidence and information will be taken away. Therefore, in these circumstances, it is crucial that the provisions in clause 4 are put into law.

I welcome this Bill, and I again congratulate my right hon. Friend the Member for Suffolk Coastal on moving it forward. This is a live issue, and I heard a case at a constituency surgery just last Friday. It did not involve livestock, but it certainly did involve out-of-control dogs worrying local people. My constituents are worried about attacks. In fact, one constituent’s dog had just been ripped to pieces by dogs that were loose. For the sake of my constituents in Moggerhanger, for those who have pressed the issue of dangerous dogs in towns and villages, for those who have suffered from hare coursing on their properties, and now for farmers who want to look after their livestock, I fully commend the Bill to the House.

[Mr Deputy Speaker (Mr Nigel Evans)]

I think we are all awaiting an update on Violet. I call Virginia Crosbie.

[Virginia Crosbie (Ynys Môn) (Con)]

I start by congratulating—llongyfarchiadau—my right hon. Friend the Member for Suffolk Coastal (Dr Coffey) on bringing forward this important Bill.

One of the first things I did as a new MP in 2020 was meet with local farmers Brian Bown, Celfyn Furlong and Peter Williams in the Tafarn Y Rhos in Rhostrehwfa, and they were concerned about livestock worrying. To ensure that my farmers’ voices were heard in Westminster, I undertook a journey to act on their behalf. I visited farmers like Tecwyn Jones at his farm in Bodedern and Gareth Hughes at Cleifiog farm in Valley. Tecwyn lost seven pregnant ewes and three rams in an attack by an unknown dog or dogs, described by police as “brutal” and “horrendous”.

I held meetings with Rob Taylor and Dave Allen from the North Wales Rural Crime Team, NFU County Adviser Iestyn Pritchard, the National Trust and DEFRA officers, whom I thank, to understand how the existing legislation is failing and what would be required to protect farmers and promote responsible dog ownership in future. For my Ynys Môn farmers, I am delighted that my name is on this important Bill as a sponsor, but credit should go to them for raising this important issue. My farmers made it clear to me that the legislation currently covering livestock worrying, the Dogs (Protection of Livestock) Act 1953, is outdated and no longer fit for purpose. This is hardly surprising given that it has barely been touched in over 70 years and has not kept pace with dog ownership, leisure trends, DNA technology or modern farming practice.

Working together, we developed a ten-minute rule Bill to amend the 1953 Act, which I laid before Parliament in July 2021. That Bill would have given the police powers to seize a dog or other items and to take DNA samples where they have reasonable grounds for suspicion that the dog has worried livestock; provided a clearer and tighter definition of the phrase “close control”, making it a legal requirement that dogs must be on a lead when near livestock of any kind; and removed the maximum £1,000 fine so that irresponsible dog owners realise the full financial impact of their actions.

The proposals in my Bill were subsequently put forward for incorporation into the proposed Animal Welfare (Kept Animals) Bill. However, in May 2023 the UK Government announced that, in order to get important legislation through Parliament, the kept animals Bill would instead be taken forward as a series of single-issue Bills. Like many, I was disappointed that the passage of the kept animals Bill was stopped. However, I am reassured that the Government have been true to their word and are putting the proposals through as individual pieces of legislation, as we can see in this important debate. I am delighted that DEFRA is now prioritising livestock worrying and has asked my right hon. Friend, the former Secretary of State, to take the changes forward in her private Member’s Bill.

Agriculture has been the backbone of Ynys Môn for centuries. At the beginning of the 13th century, the island was known as “Môn Mam Cymru” and “the granary of Wales”. In the 17th century, livestock rearing and dairy farming began to replace arable land. The systems of hedgerow enclosures still form our landscape today. Many of our farms are still small—most are between five and 100 acres—compared with those in other parts of Britain. Consequently, herds are relatively small, and livestock can feel like members of the family. That is why brutal dog attacks hit Ynys Môn farmers particularly hard.

Let me tell the House a little more about farmer Tecwyn Jones from Bodedern. Tecwyn went out one day to tend his sheep and found seven pregnant ewes and three rams dead in his fields. They had been killed by an unknown dog or dogs in what police described as a “brutal” and “horrendous” attack. When I visited Tecwyn’s farm, he told me about the impact that the attack had had on his business and his wellbeing. His account of the event was harrowing. He shared the awful moment when he found his sheep brutally killed: he came across one dead carcase after another in the pouring rain. Those sheep, which he had lovingly reared and cared for, had clearly suffered horrendously. Tecwyn was visibly upset and shaken when he related the story to me. The dogs that carried out the attack have never been identified. Even if a dog were suspected, the law has no teeth to identify and seize it unless it is found unsupervised at the scene of the assault. For Tecwyn, it was not just the financial loss that hit him—although that went into the thousands of pounds—but the emotional loss of those prized animals, which he had put time and devotion into rearing.

Tecwyn is not alone. This is a huge issue for farmers across the UK. Livestock worrying takes place when dogs that are not kept under proper control attack or chase livestock, particularly sheep. Although attacks are not officially recorded, and it is widely accepted that many incidents go unreported, it is estimated that around 15,000 sheep are killed by dogs each year. Over the pandemic, many of us were encouraged to get out into nature, and there was also an increase in dog ownership. That led to an increase in livestock worrying, which continues to be a problem today. National Farmers Union data indicates that the average insurance claim for attacks is over £1,300, and some claims reach the tens of thousands of pounds. In 2020, the cost of livestock worrying to the farming community was estimated to be £1.3 million.

The Government’s animal welfare action plan refers to the need to keep dangerous dogs legislation effective. I am very pleased that the Bill picks up many of the changes that I proposed three years ago, which included giving the police powers to seize a dog or other items and to take samples such as dental impressions where they have reasonable grounds for suspicion that the dog has worried livestock; and putting the financial responsibility on the dog owner rather than on the farmer. Dog attacks can cost farmers tens of thousands of pounds, so it is only right that the dog owner is made to pay for the damage caused.

Surveys show that only 40% of dog owners accept that their dog could injure or kill a farm animal, and that 64% of dog owners allow their pets to roam free in the countryside, despite half of them admitting that their dog does not always come back when called. Experience shows us that the natural instincts of even the most well-behaved domestic dog can take over when other animals are in close proximity. Even without physical contact, sheep can die or miscarry as a result of the distress and exhaustion caused by a dog chase. By their very nature, pet owners and farmers almost universally care deeply about animals, and much of solution to this problem is about raising awareness of the countryside code through legislation. It is vital that dog owners who live near or visit land on which livestock is being raised understand that.

As a dog owner myself—my cocker spaniel, Violet, sends her regards to my hon. Friend the Member for North East Bedfordshire (Richard Fuller)—I hope that this legislation, alongside an effective communication plan, will serve to educate dog owners. On behalf of Tecwyn and all farmers who have suffered financial and emotional loss through dog attacks, I support this excellent and important Bill. Once again, I congratulate my right hon. Friend the Member for Suffolk Coastal on introducing it. Diolch yn fawr.

[Mr Deputy Speaker (Mr Nigel Evans)]

I call the shadow Minister.

Dogs (Protection of Livestock) (Amendment) Bill

Nigel Evans Excerpts

Report stage
Friday 17th May 2024 Commons Chamber

[Dr Thérèse Coffey (Suffolk Coastal) (Con)]

I beg to move amendment 1, page 1, line 10, leave out

“clarify the penalty that applies”

and insert—

“increase the penalty that may be imposed”.

This amendment is consequential on Amendment 2.

[Mr Deputy Speaker (Mr Nigel Evans)]

With this it will be convenient to discuss amendment 2, schedule, page 5, line 29, leave out—

“not exceeding level 3 on the standard scale”.

This amendment increases the fine that can be imposed on a person convicted of the livestock worrying offence. It allows for an unlimited fine to be imposed.

[Dr Coffey]

It is a pleasure to speak to my own Bill. It has its origins in the topics to be considered on the Animal Welfare (Kept Animals) Bill, but for a variety of reasons, which I expect we may go into again on Third Reading, this is now a single-issue Bill. I also rise to speak to the amendments.

In Committee, there was considerable discussion on what penalties would be deemed appropriate. One concern I had—I tabled my own amendment—was simply to ensure that we were not in a situation where the penalties could in any way be less than what had been intended in the Dogs (Protection of Livestock) Act 1953. There was no question of that in many ways because the penalty in the original 1953 Act was so small, but it did allow a situation to emerge where there was an increase in penalties or fines against owners of dogs if there had been repeat offences. That is what I sought to discuss with hon. Members, the Minister and officials, to ensure that that was not the case. I was delighted that the Government agreed with that principle and that officials were able to come forward with a different amendment, which I am delighted to be moving today.

Amendment 2 is the substantive amendment—amendment 1 is consequential to it—and if the House agrees to it, the person who commits an offence under the section is liable, on summary conviction, to a fine. There is no limit on that fine; it is an unlimited penalty. This has become a trend in legislation in recent times. That matters because Parliament is not putting in place a cap on what can be done. The flexibility that we can give to the courts is an important way of tackling unacceptable behaviour, such as effectively neglecting the conduct of a dog so that it attacks other animals.

I would still expect the Sentencing Council to issue guidelines regarding what will be appropriate, but in Committee it was deemed important to ensure that we reinstate that element of ensuring there could be an escalation, and not some arbitrary cap where Parliament decides once and for all on what the fine could be, depending on the severity of the offence. In Committee we heard of multiple situations involving either one ewe or lamb, or indeed several. As a consequence, I think it right to allow our courts discretion to adjust the fines accordingly, in line with what the public would expect.