Dangerous Dogs and Jade Lomas Anderson

Debate between Stephen Doughty and David Heath

Wednesday 15th May 2013 Commons Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Mr David Heath)]

I congratulate the hon. Member for Bolton West (Julie Hilling) on securing the debate and on speaking with genuine eloquence and passion on behalf of her constituents. I salute her for doing so. Nothing I can say or do will fill the void in the lives of the family and friends of Jade Lomas Anderson, but I do want to send my condolences to them. The tragic circumstances of her death will, I hope, not be repeated, but they ought to make every Member mindful of whether we have the right legislation in place and what we can do. Such tragic incidents serve to remind us of the importance of responsible dog ownership and the far-reaching consequences of irresponsible dog ownership, which can affect all of us, regardless of whether we own a dog. I hope that that message will strike home.

The Government continue to take the matter of dangerous dogs extremely seriously, and the hon. Lady kindly set out some of the measures we have put in place. The previous legislation was passed in haste and was inadequate in many ways. It has been seen not to be fit for purpose and we must close some of the loopholes and gaps.

On 9 May, provisions amending the Dangerous Dogs Act 1991 were introduced into the House with the First Reading of the Anti-social Behaviour, Crime and Policing Bill. That follows the announcement on 6 February of the intention to amend the 1991 Act. Our legislating in this directed way, having taken the advice of many people, makes it clear that the Government are serious about tackling the issue of dangerous dogs and irresponsible dog ownership.

The key element of the amendments addresses the issue of dog attacks on people. Sadly, such incidents are on the rise, and 15 people have died in this country as a result of dog attacks since 2005. That is totally unacceptable. To address that, and to toughen the laws in this area, we are giving the police more powers to deal with attacks that happen on private property—a specific lacuna in the law—in order to protect the thousands of children, postal workers, health visitors, social care workers and others who are attacked each year. That has been widely welcomed by key bodies such as the Association of Chief Police Officers and the Royal Mail, which recognise the danger to their employees. The message from the Government is clear: owners must be responsible for their dog at all times and in all places.

This Government recognise that there are many responsible dog owners, and we support them. It is for that reason that the clauses amending the 1991 Act contain an explicit exemption from prosecution for householders whose dog attacks a trespasser who is in, or is entering, a home, whether or not the householder is present. That reinforces the Government’s position that it is right that householders should not be at risk of prosecution for reasonable actions taken in self-defence or in defence of property.

We have also made sure that irresponsible owners have to face up to the consequences of their actions. Last year, the Sentencing Council published new guidelines for judges and magistrates on sentencing for dangerous dog offences, including increasing the recommended sentencing range for an offence of allowing a dog to be dangerously out of control and injuring someone from six to 18 months’ imprisonment. According to the Sentencing Council:

“The new guideline will mean more offenders will face jail sentences, more will get community orders and fewer will receive discharges.”

Those new guidelines came into effect in August 2012.

The change is too late for the hon. Lady’s constituents—I recognise that—but it will ensure that any future cases are treated as a criminal matter. In addition, there are existing powers available to deal with any dog that is dangerously out of control or being used to intimidate people. Those powers have been and are being used, but it is right to extend the protection to people in all places, including their homes, so that owners know they will be held accountable for the behaviour of their dogs, wherever those dogs may be. We therefore look forward to the Anti-social Behaviour, Crime and Policing Bill moving through the House and being properly debated before it receives Royal Assent.

The Government consider that owning a dog is a serious undertaking and should not be done lightly. We are working closely with the animal welfare charities to encourage people to take more responsibility for their own actions and their pets. The hon. Lady made some very sensible points about education, because a lot of dog owners simply do not recognise what they should be doing. Whether through ignorance, neglect or malice, it is simply unacceptable for dogs to be kept in circumstances in which they remain a danger to other people. That is what we need to address.

Early intervention is vital in preventing poorly trained or poorly socialised dogs escalating to serious and ultimately dangerous attacks. As well as amending the Dangerous Dogs Act 1991, the Bill introduces six flexible tools designed to be used by local enforcement agencies, including the police and local authorities, to respond effectively to individual and local situations that may or may not involve dogs.

[Stephen Doughty]

I thank the Minister his assurances, particularly on increased police powers. One of the challenges I discovered when I engaged with the police over the incident I mentioned was that the police said that even if they had they been able to go on to private property to remove the dog, they had no facility in which to house the dog afterwards. The incident happened over an Easter weekend and no pounds were available—there was no place to take the dog. What assurances can he give about the facilities available to house dogs that are causing such distress?

[Mr Heath]

The hon. Gentleman makes an important point, and it is something we have been discussing with ACPO, because it is essential that if we give powers to the police, they can exercise them properly. A range of sanctions will be available to the police to deal with dogs. Some dogs, I am afraid, will have to be destroyed straight away—that is the reality—and others will be impounded, so it is important that there are facilities available to keep those dogs safely until they can be assessed or retrieved, as appropriate.

Returning to the proposals to amend the Dangerous Dogs Act, we hope that they will provide a set of flexible and effective tools and powers to enable the police and local authorities to tackle a wide range of antisocial behaviour, including dog-related incidents. The amendments to the Act, bolstered by the new antisocial behaviour measures, will provide the framework for tackling irresponsible dog ownership, from low-level incidents to more serious dog attacks. That will help to encourage a more responsible approach. The focus should also be on ensuring proper enforcement, which can only be helped by engaging local communities, who understand local problems and can report them, combined with educating owners on responsible behaviour, as the hon. Lady said.