Dangerous Dogs

Simon Hart Excerpts

Wednesday 6th July 2011 Westminster Hall

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

I am grateful to you, Mr Bayley, for allowing me to speak now. I join in the congratulations for my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes).

I will deal with two issues, one of which is to add to the momentum about consolidation, and the other is to touch on the law of unintended consequences. I have been fascinated and to some extent enlightened by the rare outbreak of consensus among all parties—we seldom hear so many hon. Members making the same points for the right reasons in Westminster Hall or the main Chamber—but one issue does concern me. There has been much reference to evidence and statistics that suggest an increase in attacks by dangerous dogs or, indeed, by dogs. Is that a trend with evidence to which the Minister can refer us, or is there simply a greater awareness or reporting of such incidents? Is there perhaps greater enforcement of which we are not aware, because we might not be privy to the statistics, and can the Minister put us right?

Another important point was the reference to the Dangerous Dogs Act 1991 as amended. If ever there was an example of a piece of legislation that has clearly had no effect, the 1991 Act is surely it. Many of the speeches made today were made then as well, back in 1991, with just as much passion and feeling. Legislation was forthcoming, and those in Parliament at the time presumably felt that they had done the right thing by voting for the legislation; yet, a few years on, here we are, having the same debate and referring to statistics that appear to have got worse rather than better. So I ask the Minister to exercise some caution in thinking that the solution to the problem mentioned by so many Members is simply further legislation. Unless we deal with the problem of enforcement, such legislation will serve only to restrict legitimate dog owners, while not restricting illegitimate ones, which is contrary to what we are all attempting to do.

I want to touch on the six pieces of existing legislation, although I will not go into them all. There are provisions in the Dogs Act 1871, as amended in 1989, for some civil recourse for people such as postmen who might be the victims of vicious dog attacks. I note that no one has highlighted the plight of poor old parliamentary candidates—apart from my hon. Friend the Member for Romsey and Southampton North, who touched on the issue—who might also find themselves being attacked on private property.

[Angela Smith]

To satisfy the hon. Gentleman, I put on the record that I was attacked in the general election last year, in precisely the circumstances outlined earlier—the hand through the letter box and the dog on the other side—so I sympathise with the plight of parliamentary candidates in elections.

[Simon Hart]

I do not think that there would be much public sympathy for our plight, but it might be the only area in which we could generate some sympathy for ourselves. That is why I made the point. I accept that such an incident is a civil rather than a criminal matter, so that might need some attention as part of any consolidation process that follows. We must also not overlook the Animal Welfare Act 2006 or the Policing and Crime Act 2009, which do at least provide an opportunity for injunctions forbidding ownership.

As other Members have mentioned, there is therefore quite a lot of legislation, dealing with quite a lot of issues, varying from using dogs as a form of weapon to using dogs in a way that might cause them suffering, let alone the people that they might come into contact with—indeed, there is a power to prevent some people from owning dogs at all. Such provisions already exist, suggesting that instead of new legislation necessarily being the solution, the proper and cross-departmental consolidation of existing legislation might be the way to proceed.

I also want to touch on the law of unintended consequences. There are some grey areas in what constitutes a dangerous dog or activity that might cause alarm and distress to members of the public. Plenty of dog owners have fallen foul of concerned if not mischievous people who are worried that the activity of a dog might be dangerous, although it is not at all. We must protect those whose livelihoods depend on working dogs. There is a distinct line to be drawn between legitimate scrutiny by law enforcement agencies and individuals, and people who may simply be caught up as a consequence of owning a dog responsibly and thoughtfully, but which might seem to an outsider to pose a danger. There have been numerous examples of people who have fallen foul of that distinction.

This debate has shown, if nothing else, that the Dangerous Dogs Act 1991 did not have the desired effect, nor did the Dangerous Dogs (Amendment) Act 1997. Clearly, there is much work to be done on the activities of irresponsible dog owners, for which the dog usually gets the blame. One wonders whether some of the measures for dog control notices that have been suggested or are in place would be better applied to the owner instead of the dog. The point raised by my hon. Friend the Member for Romsey and Southampton North about attitude and education is crucial. I fiercely defend the Minister’s position that the Government are not bossy and that it is not their business to interfere with people’s daily lives, but there is line to be drawn.

With a little knowledge, a lot of progress can be made in persuading, educating and informing people about the difference between irresponsible dog ownership and responsible dog ownership, and that could be easily and cheaply achieved. Consolidation of existing legislation, coupled with other measures, would be a sensible and proportionate way forward.