Legislation on Dangerous Dogs

Debate between Steven Bonnar and Robert Goodwill

Monday 27th November 2023 Westminster Hall

[Steven Bonnar (Coatbridge, Chryston and Bellshill) (SNP)]

It is a pleasure to see you in the Chair, Mr Gray. I thank all everyone who added their names to the petitions and thank the hon. Member for Don Valley (Nick Fletcher) for leading the debate today. We have heard passionate and emotive contributions from across the House, and those present will know that this matter has caused genuine concern across all quarters of civic society, with strong feelings on all sides. Those who think the breed should be banned, those who do not, animal lovers, academics, animal charities and welfare groups, and many more stakeholders have all had their say on the proposed ban.

The proposal comes in the wake of what has been an undeniable spate of attacks on other animals and people. Of course, we all share the horror of any dog attack, especially with higher numbers of reported cases of XL bully-related incidents. Some of those reports, as we have heard, have been truly horrific and have resulted in fatalities. As outlined by the Chair of the Environment, Food and Rural Affairs Committee, the right hon. Member for Scarborough and Whitby (Sir Robert Goodwill), our Committee has heard hours of oral evidence and read hundreds of pages on the matter, as well as receiving many constituent inquiries. It is apparent that the rushed nature of the ban has only exacerbated public concern. The Dangerous Dogs Act is, in the view of many, a flawed piece of legislation, and adding the XL bully to it in this rushed fashion has caused concern for many stakeholders and interested parties.

The Scottish Government have fully and carefully considered the UK Government’s decision to ban XL bully dogs and whether similar changes to ban the breed will be applied in Scotland. Having listened to the advice given by advisers—experts in the field, of course—it has been made clear by the Scottish Government Minister in a recent letter to Lord Benyon that the ban will not be brought into force in Scotland on the current timescale the UK Government have implemented. The Scottish Government keep all dog control legislation under constant and consistent review, including the banned breeds list, and will continue to do so going forward.

The focus in Scotland for some considerable time has been on dog control policy. Supported by the Scottish SPCA, the view is that responsible dog ownership, whatever the breed, is the key to safer communities. However, if the long-standing list of banned breeds can have a role to play in keeping communities safe, the Scottish Government will of course consider that, using the evidence of what may work without having any unintended consequences. It is those unintended consequences, such as mistyping a dog, that could see innocent, well-trained, well-looked-after and much-loved family pets caught up in the ban as the legislation is rushed through this place.

Defining exactly what breed types should be covered by a ban is the key challenge facing the UK Government. They have set up an expert group on this very subject, which will also help inform decision making in Scotland, and any departure from the current position will be considered fully. Again, those of us who sit on the EFRA Committee will have heard all about the implications of attempting to type a dog and how difficult it is, even for experts. The hon. Member for Wansbeck (Ian Lavery) raised many valid concerns about typing dogs, and it reminded me of reading a book by the English rugby player Lawrence Dallaglio. His family pet was a Rhodesian ridgeback, which attacked his eight-year-old son way back in 2008. They are big dogs with have excessive weight, and if they lock on, it will lead to the same consequences as what happens when an XL bully-type dog does so, so we have concerns about targeting specific breeds.

[Sir Robert Goodwill]

Is the hon. Gentleman not concerned that this sort of attack also happens in Scotland? In Motherwell last month, the 18-year-old owner of an XL bully was savagely attacked and needed surgery, and two council officials were also attacked. Pepper spray needed to be used on the dog before it was put down.

[Steven Bonnar]

Of course I share the concerns. I do not think anybody in this Chamber or, indeed, across the whole House does not share the concerns about irresponsible dog ownership and what can happen, including fatalities, when somebody is not acting responsibly —of course we share those concerns. Motherwell is my local town, by the way, so I am deeply concerned about that incident, but the Scottish Government have carefully considered the evidence-based suggestions from experts to help improve community safety, including keeping the prohibited breed list under constant review. We will continue to engage with all stakeholders on the concept of a ban and how it might be implemented in England and Wales.

The Control of Dogs (Scotland) Act 2010 was designed to highlight the responsibilities of dog owners by putting in place a regime that identifies “out of control” dogs at an early juncture and provides measures to change the behaviour of such dogs and their owners before they are deemed dangerous. The UK Government should perhaps look to follow the approach taken by the Scottish Government. We in Scotland have also introduced a national dog control database, which helps independent enforcement agencies, such as local authorities and Police Scotland, to access information on dog owners who allow their dogs to be out of control in a public place.

The Scottish Government also carried out a marketing campaign on dog control in conjunction with the Scottish SPCA in 2021. That campaign has since been rerun on Facebook, Twitter, Instagram and all other available outlets on a number of occasions. It directs the public to information about the law on controlling dogs, which is available at mygov.scot/controlling-your-dog. That website makes it clear that dog owners are responsible for the actions of their dog, and sets out potential penalties for those failing to control dogs. These actions are not reactions to a spate of dog attacks by Dobermanns or rottweilers, as the hon. Member for Christchurch (Sir Christopher Chope) outlined. The Dangerous Dogs Act 1991 was rushed legislation following a spate of dog attacks, and that is what we are seeing from the UK Government again. This is not consistent. Scotland is not reacting to a spate of dog attacks, and a consistent and continuous body of work has been, and continues to be, undertaken in Scotland that can not only help to react to trends, but actively prevent them.

It is regretful that the Government have brought forward this ban in this manner, without, again, any prior conversation or consultation with the devolved Government. It is also important to emphasise to those concerned that a dog being classed as a banned breed will not automatically mean that the animal will be put down. If conditions are met, such as having a dog neutered or spayed and keeping that dog muzzled in public, a dog could be placed on the new index of exempted dogs.

More generally, it is important to put on record just how much we in the SNP value the work of Police Scotland, Scottish local authorities and the Scottish SPCA, which all work closely with the Scottish Government to help keep our communities safe from the small minority of irresponsible dog owners and their dangerous dogs. The Scottish Government will, of course, continue to work closely with the United Kingdom Government on their intentions for a ban of the XL bully breed, while continuing to lead on several regional engagements to look at ways for partners to work collaboratively to improve the operational response, enforcement and community engagement to promote more responsible dog ownership across our communities. Here at Westminster, we in the SNP will continue to call on the UK Government to return the kept animals Bill to Parliament, to restrict unethical puppy farming and imports from abroad, and to improve our welfare standards for all animals.