Breed-specific Legislation

Wayne David Excerpts
Monday 6th June 2022

(1 year, 9 months ago)

Westminster Hall
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Christina Rees Portrait Christina Rees (Neath) (Lab/Co-op)
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I beg to move,

That this House has considered e-petition 603988, relating to breed specific legislation.

It is always a pleasure to serve under your chairmanship, Sir George. The prayer of the petition states:

“We are not satisfied with the response to previous petitions making requests relating to breed specific legislation, and the recent report by Middlesex University, commissioned by the Government at a cost of £71,621, has now cast doubt on one of the core assumptions of the Dangerous Dogs Act: that certain breeds of dogs are inherently more dangerous. The Government should therefore immediately repeal breed specific legislation.”

Four breeds are banned under the Dangerous Dogs Act 1991. They are the pit bull terrier, the Japanese Tosa, the Dogo Argentino and the Fila Brasileiro. Dogs suspected of being of a prohibited type are assessed against a standard, which describes what a particular type should look like. For example, pit bull terrier types are compared with a 1977 American Dog Breeders Association standard, and the dog is expected to approximately amount to, be near to or have a substantial number of characteristics described by the 1977 standard. However, the number of characteristics is not defined, and neither is the way in which the assessment should be conducted, which results in many legal breeds and cross-breeds fitting the standard regardless of the dog’s behaviour.

The petition that we are debating this afternoon was created by Anita Mehdi and, when I last checked, had attracted 114,557 signatures, including 113 from my Neath constituency. The closing date is 21 June, so those figures may increase. The House considered e-petition 300561, which called for reform of breed-specific legislation, on 5 July 2021. I am sure that hon. Members are familiar with that debate, so I intend to focus on the specific issues raised by Anita, whom I was fortunate to meet before this debate.

Anita told me that her dog, Lola, had been seized by the police in August 2019 because it had been brought to their attention that Lola could be of a banned breed. The dog legislation officer identified Lola as a pit bull type, based on her appearance, and a destruction order was made. Lola had never shown any aggression towards anyone and had never been involved in any incidents. Anita sought a court order so that she would be allowed to keep Lola. The court considered evidence put forward that Lola was not a risk to the public, and it agreed that Lola could stay with Anita, subject to the conditions that Lola was neutered, microchipped and always kept on a lead and muzzled in public.

Anita told me that before Lola was seized, she did not know anything about breed-specific legislation, and she was horrified to discover that dogs were being destroyed because of their appearance and not because they had harmed anyone. Anita believes that there should be legislation to take action in respect of dangerous dogs, but that it should not be breed specific. Many dog owners have contacted her about the adverse effect on their mental health when their dogs have been seized, and about the practical difficulties of owning a dog that has been exempted by court order. Anita wants to see breed-specific provisions repealed and the Dangerous Dogs Act amended to focus on dogs that are dangerous and on owners who mistreat their dogs, with increased penalties for offenders and possibly the reintroduction of dog licences.

Wayne David Portrait Wayne David (Caerphilly) (Lab)
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It is clear that breed-specific legislation does not achieve its intended purpose, which is to reduce the number of serious attacks on humans by dangerous dogs. Does my hon. Friend agree that a fundamentally different approach is required to tackle all kinds of dangerous dogs, to look at the issues of licensing, which she has mentioned, and training, and to make sure that the illicit sale of dogs is prevented and that proper controls are introduced? That requires a totally different approach to legislation.

Christina Rees Portrait Christina Rees
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As usual, my hon. Friend has covered all the points that I am coming to in my speech. There is no collusion here, but I completely agree with him.

Before the debate, I met representatives of the Royal Society for the Prevention of Cruelty to Animals and the dog control coalition. The coalition was formed in 2019 with five members: the RSPCA, Battersea Dogs and Cats Home, Blue Cross, the British Veterinary Association and the Dogs Trust, whose operations of rehoming and promoting animal welfare had been detrimentally affected by section 1 of the Dangerous Dogs Act 1991. The Scottish Society for Prevention of Cruelty to Animals and the Kennel Club subsequently joined the coalition. After 30 years of breed-specific legislation in the UK, those organisations joined forces to raise awareness of the ineffectiveness of the legislation in protecting public safety, and of its negative impact on dog welfare. They told me that breed-specific provisions in the Dangerous Dogs Act must be repealed because evidence shows that its approach to public safety is fundamentally flawed.

The progressive global trend is to repeal breed-specific legislation. The Netherlands introduced breed-specific legislation in 1992 and abolished it in 2008, after a study found that commonly owned dogs were responsible for more bites than breed-specific dogs. Italy introduced breed-specific legislation, which banned 92 breeds, in 2003 and abolished it in 2009 for similar reasons.

Using breed as a predictor of aggressive behaviour is not reliable. Human behaviour, including poor management and the inability to provide for a dog’s needs, are more likely to cause dog to be dangerously out of control. The method by which banned dogs are identified is inconsistent and can be subjective, because the degree to which a dog needs to match the characteristics of a banned type is not clearly defined. The RSPCA has looked at the science around incidents involving dogs that are dangerously out of control, and found that dogs of a banned type are not more likely than other dog types to be a risk to the public. It wants the UK Government to improve data collection regarding the UK dog population and incidents involving dogs that are dangerously out of control, in order to make evidence-based decisions.

--- Later in debate ---
Toby Perkins Portrait Mr Toby Perkins (Chesterfield) (Lab)
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It is a great pleasure to serve under your chairmanship, Sir George. I congratulate my hon. Friend the Member for Neath (Christina Rees) on introducing the debate, and on the way in which she opened it. People from right across the country feel strongly about the issue, and I am sure that many will have appreciated what she said. I am pleased to speak today on behalf of the dozens of constituents who have contacted me on this issue. In fact, at the latest count, 286 people from Chesterfield had signed the petition. There is no doubting that there is very strong opinion on the subject. As is often said, we are a nation of animal lovers. I receive more emails and letters regarding animal welfare than on almost any other issue. My inbox is full of messages from people who are concerned about badgers, bats, birds, butterflies, improving welfare standards in food production, and protecting animals across the world from poaching or the destruction of their habitat.

Even stronger than our passion for wild animals is our love for our pets. Our pets, particularly our dogs and cats, are very much part of the family. We love them and we protect them like a family member. That is why people feel so passionately about how unfair and ineffective the legislation is, and why over 115,000 people signed the e-petition that generated today’s debate.

I have the great privilege and honour of sharing our house with the family cat, Basil—a tiny bundle of energy who many colleagues of mine may have seen appearing on Zoom calls over the last couple of years—and also the family dog, Laurie, who is very old and increasingly smelly, but very much adored by the family none the less. We would all be devastated if anything happened to them, which is of course how people across the country feel, but it is a particular agony if our animals are attacked. The consequences can be very serious for the whole family when dogs get out of control and attack other dogs, and obviously when, tragically, children and others are attacked. Dangerous dogs are a menace that absolutely must be clamped down upon. Today’s debate is not about whether action needs to be taken against dangerous dogs, but about whether we are currently taking the right action.

Wayne David Portrait Wayne David
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In the five months to February, there were 69 dog attacks in the Gwent police area, which is relatively small, and that figure can be extrapolated right across the country. Nothing highlights more how ineffective the current legislation is.

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Jo Churchill Portrait Jo Churchill
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My hon. Friend speaks both as a Member in this place and as an esteemed member of the veterinary profession, pointing out that we are not looking for an all-or-nothing approach here. That is very timely, and I thank him for it.

Sadly, we have seen a number of tragic fatalities from dog attacks in recent months. Many of them have involved children, but not exclusively so. The Government are already taking action to address that. I will set out what we are doing, working with the other stakeholders that I mentioned. Indeed, I was heartened that the hon. Member for Neath referenced how some of the work is beginning to get under way.

We have been working with stakeholders, including the police, local authorities and—a couple of hon. Members asked about this—the devolved Administrations, in order to develop simple key messages to promote safer interactions, in particular between children and dogs. The dog safety code launched last week highlights three key messages to all dog owners and families with children. As the hon. Member for Chesterfield said, and as we know in our home, a family pet is a great asset but has its own needs, and those needs have to be cared for. Dog owners should be alert and always keep an eye on their dog when it is around children. They should not leave them alone together. They should be aware and get to know their dog—dogs use signals to tell us when they are stressed. Be safe, because any dog can bite and accidents happen very swiftly.

Today is the start of Child Safety Week, and the Department of Health and Social Care and the Department for Education are sharing that messaging, which will also be used by health visitors and child safeguarding professionals. We will continue that over the summer holidays, because we want the dog safety code to be embedded in future communications. At this point, I put on the record my thanks to Marisa Heath of the Canine and Feline Sector Group for her support in co-ordinating that work. As many have said today, others helping to get this right is what we need.

Members are well aware of the work that we commissioned from Middlesex University to explore measures to reduce dog attacks and to promote responsible ownership across all breeds of dog. We published that report in December last year, and in response to it we established the responsible dog ownership project with the police, local authorities and animal welfare stakeholders, to consider the report’s recommendations in detail, build on the evidence base and provide advice to the Government.

Four areas are examined, and I will go into some of the specifics, in particular to answer some of the questions of the hon. Member for Neath, although many Members present brought up areas such as enforcement. The project is looking at strengthening enforcement; developing and supporting education initiatives, which is seen as key; improving the quality and accessibility of dog training; and—I think this was brought up by virtually every Member who spoke, but certainly by the hon. Members for Neath and for Rutherglen and Hamilton West (Margaret Ferrier), and my hon. Friend the Member for Southend West (Anna Firth)—the importance of data collection right across the system, whether by hospitals when there have been attacks, veterinarians or the police, so that we know what we are dealing with. We expect that project to conclude its work in early 2023. The Government will then consider the advice and work through the next steps.

To address the point about breed-specific legislation not working, repealing the breed-specific provisions without other changes would not help public safety. That is why we are working on ensuring we have the right evidence base. We are not willing to repeal the breed-specific provisions contained in the Dangerous Dogs Act without other changes being made. We need to walk carefully through these things and make sure that we reach the right conclusions.

The hon. Member for Neath talked about rehoming exempted dogs. Current legislation only permits the transfer of keepership of prohibited dogs when the existing keeper has died or is seriously ill. Case law has also confirmed that a person with a pre-existing relationship with the dog can apply to place it on the index, even if they are not the owner or the most recent keeper.

The hon. Lady also raised the issue of putting down good-natured dogs. Any changes relating to rehoming must consider the signals that sends about the acceptability of keeping those types of dogs. We must ensure that we draw the right balance and find the middle ground so that legislation is both workable and enforceable, and cares for the animal in the best possible way.

Several hon. Members spoke about why the data is lacking. The report by Middlesex University highlighted that much more could be done about the recording of dog attacks. As I have said, we are working with the institutions I mentioned, as well as NHS Digital, to make sure we get that data in a timely way.

On the question of how we address dog attacks by other breeds, section 3 of the Dangerous Dogs Act makes it an offence to allow a dog of any breed or type to be “dangerously out of control” in any place. In addition, the Anti-Social Behaviour, Crime and Policing Act 2014 includes specific measures to enable the police and local authorities to tackle irresponsible dog ownership before a dog attack occurs, including through the use of community protection notices. It is important that we know what legislation we have already, and why it is or is not working.

On dog-on-dog attacks, I extend my enormous sympathy to the constituent of my hon. Friend the Member for Southend West. I have heard my hon. Friend talk about the attack on her constituent’s dog before and it sounded utterly horrific. Existing powers allow dog-on-dog attacks to be tackled, including through issuing community protection notices, as I just mentioned, and through prosecution under the 1991 Act and the Dogs Act 1871. The Animal Welfare (Kept Animals) Bill will bring in new measures to crack down on dog attacks on livestock. We do not want to bring in legislation piecemeal and we want to get it right.

The hon. Member for Neath asked what we can do to look at the time dogs spend in kennels. The interim exemption scheme allows dogs to remain with their owners in advance of a court hearing if the police determine that the dog will not pose a threat to public safety. I assure her that DEFRA officials are working with police forces across the country to increase uptake of the interim exemption scheme. Commercial kennels are required to meet the standards placed upon them and are licensed by the local authority.

The hon. Member for Chesterfield said that dogs should not be judged by their appearance. The Middlesex University report does not go so far as to say that we should move away from breed-specific legislation, but it recognises that a range of factors need to be considered. That is why I hope that when the project comes forward early in 2023 we will have the framework to move forward.

On responsible dog ownership, the report recommended that we look at additional legal requirements on dog ownership, including, as a basic standard, that dog owners must demonstrate a minimum standard of dog knowledge and be on a register attesting to that fact. We are also looking to improve the microchipping regime, because those databases are complex—I think there are 17, and they need to be brought into one place.

Wayne David Portrait Wayne David
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Will the Government at least look at the possibility of licensing dogs?

Jo Churchill Portrait Jo Churchill
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When the evidence comes back, we will obviously look at it. We microchip all our dogs, and if a microchipping database works effectively and we have a good education programme, I would argue that that should be sufficient, but we are waiting with an open mind until the evidence comes back.

I understand the strength of feeling about breed-specific legislation, but the Government must balance the views of those who want it repealed with our responsibility to protect the public. We remain concerned that lifting the current restrictions may not be the optimal move forward. However, the responsible dog ownership project will explore these issues more widely, and if we make any changes, we will ensure that public safety remains the absolutely paramount point at the heart of the regime.

I hope that colleagues are reassured that we take this important subject seriously. I look forward to carrying on the collegiate conversation with them to ensure we get this right.