Legislation on Dangerous Dogs

Thérèse Coffey Excerpts

Monday 27th November 2023 Westminster Hall

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

It is a pleasure to speak under your chairmanship, Dame Caroline. As the Secretary of State who introduced this legislation—in fact, it was my last act in Government—I thought it appropriate to contribute to today’s debate.

The debate surrounding the ban on XL bully dogs under the Dangerous Dogs Act 1991 is itself a complex issue that evokes strong emotions. I understand that very much, and the approach taken was carefully considered. I was also aware before your earlier ruling, Dame Caroline, that there are potential legal challenges against the Government, so I need to be measured and not reveal all the information that we considered during this time.

I have had three rescue dogs, and my mother and sister have another rescue dog at the moment. There is no doubt that an adorable pet brings a lot to people’s lives and hearts. I am also very conscious of the challenges faced by those people who have suffered from dog attacks, whether it be against their children, themselves, or indeed their own pets. They obviously can be very distressed by that.

In reality, there was no knee-jerk reaction; there were simply too many attacks happening, and the proportion of attacks by XL bully-type dogs was considerably higher than others. Yes, I am sure we have all read about how other dogs—whether a collie, Jack Russell or potentially a rottweiler—have also been involved in many attacks. The issue is about the proportion and seriousness of the attacks, and indeed about how they can be stopped—that is pretty difficult. It is about the fatalities as well.

The hon. Member for Wansbeck (Ian Lavery) talked about how we define a breed, and some of the point is that this breed is not defined. I pay tribute to the chief veterinary officer and the many officials who have been involved extensively in this sensitive matter, working with animal welfare experts and experts from the police and, indeed, local councils, who will have to undertake a lot of this work. I want to assure the House that a lot of care has been taken over this approach, and that is also why a lot of this will be through guidance and there will be individual decisions.

I come back to the fact that, of course, many of these dogs are pets. They are not necessarily status symbols, but we know that they have been used for that. We see a lot of that in how the ears of these dogs have been cropped to give them a more aggressive feel and appearance, despite the fact that that is already illegal under the Animal Welfare Act 2006. It is not illegal to import the dogs, but we are talking about an extensive element where that is the case. Since the Dangerous Dogs Act 1991, there have been some amendments along the way, partly driven through case law. That was back in ’97, and there were further regulations in 2015, but there was a specific reason for that. I suggest that the extent of the attacks is the reason why the XL bully is the first breed to have been added to section 1 since 1991.

[Sir Christopher Chope (Christchurch) (Con)]

My right hon. Friend is an esteemed legislator of great repute. Does she agree therefore that in this Parliament we cannot legislate with imprecision? That is exactly what the statutory instrument does. It talks about “characteristics”, which it says may or may not be necessary for the definition. Surely we need to make the law clear beyond peradventure so that the people of this country know which side of the law they are on.

[Dr Coffey]

I would say to my hon. Friend that the guidance is as clear as it can be. It gives a number of physical characteristics, and I am sure the Minister will say more about that and the process being gone through. I suppose that in introducing the legislation, I very much wanted to put across that the issue is not being considered lightly and that a lot of care and attention has been given to the detail.

I must admit that I have had several death threats about this legislation and I am conscious that it is driving those strong emotions. What I will say is that the Government took an approach that would allow time for people to rehome an XL bully-type dog if they felt they could not keep it. Also, the situation is very different from what has happened recently, when people have had a pit bull or similar: owners can still apply to get a certificate and join the index of exempt dogs. The default here is that every person who registers their XL bully-type dog will get a certificate automatically and will automatically join the index. That is a significant difference, even though I am conscious it will cost some money to do that.

[Dr Evans]

I am grateful to the former Secretary of State, and the point she is making should be considered. From 31 December, breeding, selling, advertising, gifting and abandoning XL bully dogs will be illegal, but there is also the issue of rehoming. A Sky report over the weekend said that 246 of these dogs are waiting to be rehomed. I had a constituent stop me on the high street who wanted to rehome one of these dogs but was struggling to get the information on how to go about doing that. I am slightly concerned because rehoming is one way of saving these dogs by ensuring they get support from a responsible owner who will take on a licence. Could a carve-out for rehoming be considered, so that it is pushed back to 1 February in line with the rest of the exemptions coming in?

[Dr Coffey]

I am not in Government anymore, so that is a question for the Minister. I think that was done to bring to an end the opportunity for the transfer of dogs. It is admittedly on a rapid timescale, but we must remember the reason why we are taking this approach at all: to try to stop attacks. People read about attacks every week, and they are happening around the country. Somebody may absolutely want to help a dog by rehoming it, but they need a certain amount of training to look after such a strong animal.

If we think about an adult XL bully dog, we are talking about something that weighs about 70 kg. These are big dogs. They really have a lot of strength and, frankly, the only way to unlock their jaws once they latch on to somebody is basically to choke them. Do not kick them in the head or anything like that—that will only make them grab on even tighter. That is what we are dealing with. Sadly, some of these dogs do get out of control and it is their characteristics that lead them to have that physical strength. Also, we must not get away from the fact that they were originally parts of various bits of pit bulls, mastiffs and similar.

It is, of course, understandable why people who have their XL bully dog next to their children every night, with the dog probably licking the children to death—if that makes sense—think it will protect them. But there is the risk and the results of that risk are happening too often.

I am not planning to linger in this debate; I will just say briefly why I think this an effective piece of legislation. I am very conscious of the reviews that have happened and how different Select Committees have called for more extensive action. I am also very aware that the Dogs Trust, the RSPCA and similar charities do not think the legislation effective. However, the reality is that the number of attacks by pit bulls basically went away when this legislation was put into place. The muzzling and the different licence approach are things that we need to happen as quickly as possible for the existing XL bully dogs in this country.

As for alternatives, there has been a lot of talk about licensing. Well, licensing to own a dog was scrapped a long time ago. I do not think that councils would welcome having to take on the whole licensing of dogs right across the country. Of course there has to be enforcement on breeding and disreputable practices. In section 3 of the 1991 Act, there is a wider approach for all dogs; any dog can be dangerous. So far, however, five specific dogs have been singled out, because of their characteristics.

I am very conscious that the job of politicians is to make law. I appreciate that one of my hon. Friends does not think this law is necessarily the right way. But this is what we do—one day something can be legal and the next day it can be illegal. We do these things because we believe they are the right thing to do.

It is of course open to Members to pray against this statutory instrument, but I really hope that does not happen because it is important that people get certainty and can take positive action. As I say, anybody who has an XL bully dog right now will be granted the certificate to join the index of exempt dogs. In effect, that will be automatic, as long as the conditions are complied with and they can say so on that register.

I am conscious that many people want to speak today. In conclusion, people must have time to rehome and everybody who loves their XL bully should be able to keep it. I commend the legislation, which is still passing through the House.