Legislation on Dangerous Dogs

Wayne David Excerpts

Monday 27th November 2023 Westminster Hall

[Nick Fletcher]

My hon. Friend is right is right to raise that point, which I will come to later in my speech.

I have discussed these petitions with many friends and colleagues. Like me, after hearing of such horrific attacks, they found it hard to believe the numbers that support repealing the ban. We have banned other dogs in the past, and these dogs are obviously dangerous, so who would not want to ban them? What is the reason? Let us explore further. During my research, I spoke to many professionals in this field; I attended six evidence sessions, and I attended the Environment, Food and Rural Affairs Committee in October.

What has been said by the petitioners? Anita Mehdi, the creator of the main petition, states that she believes that adding another breed to the Dangerous Dogs Act is not the right way forward. She also believes that the media is to blame for fearmongering, and there is no official data on dog breeds and dog attacks. Anita hopes for a platform where accurate data can be recorded. Anita also believes that it is dangerous to class a dog by its type, when it is irresponsible owners that need to be targeted. She believes that the Calgary model is a good example that the Government should take into consideration when looking into responsible ownership. When asked about muzzles, Anita explained that responsible owners will comply and use them, but there will be owners who will not, and they need to be tackled.

Glyn Saville, a petitioner against the XL bully ban, who is here today, says that the number of XL bullies is in excess of 90,000 and that implementing the ban will therefore be very difficult. He also says that these dogs are not bred to be aggressive to humans—although some people may disagree—and that if a ban is brought into effect, families living in social housing will be at real risk of losing their pets if they wish to stay there, as landlords can refuse exempted dogs. Another petitioner, who has called for muzzles not to be part of the ban, said that her dog can now not defend itself and that it has being attacked by other dogs, since having to wear a muzzle.

Even the professionals have concerns. The British Veterinary Association stated that banning one breed will not work. The BVA representative compared it to the banning of a single weapon and explained that it may work in the short term but that the ultimate goal is surrounded by so many complex social issues that it would be difficult for it to last in the long term.

[Wayne David (Caerphilly) (Lab)]

Emma, whose son, Jack, was brutally killed by an XL bully dog two years ago, is my constituent. Emma is of the opinion that, whatever happens with regards to a ban on XL bullies—the hon. Member has touched upon the enormous difficulties and complications—it is vital that we place the emphasis on tackling the whole issue of dangerous dogs. A one-off action by the Government is not enough; it can never be enough. We need a thorough, wholesale examination of dog breeding and dog training practices, and we need to look at the specific question of responsible ownership. All of those issues have to be considered so that our society is truly safer.

[Nick Fletcher]

I will be coming to many of the points that the hon. Member raises. Hopefully, the Minister can shed some light on them, too.

Both the BVA, when I spoke to its representatives at the London Vet Show, and my hon. Friend the Member for Penrith and The Border (Dr Hudson) raised the fact that most fatalities have occurred in people’s houses, rather than when a dog has been out. Obviously, in the house, dogs are not muzzled or on a short lead. They also asked that the Dangerous Dog Act be reviewed and highlighted that section 3 of the Act gives scope for something to be done about controlling dogs. I often say that it is not always new legislation but enforcement of existing legislation that is needed. That also needs to be looked at.

The Royal Society for the Prevention of Cruelty to Animals explained that it wants the Government to slow down the pace of the ban coming into force, mainly because of its implications and consequences. It also raised the fact that it is becoming incredibly difficult to ensure that everyone who owns an XL bully can do what they need to do before the deadline in order to keep their dog. The RSPCA mentioned that it is seeing abandonment and relinquishment of these types of due due to unexpected costs before Christmas.The BVA highlighted that the window for neutering should be extended for another six months for dogs under seven months old, as neutering has an impact on their growth. The RSPCA suggested that there be a campaign on responsible dog ownership but also suggested that stakeholders be brought together to see what dog legislation may look like in the next five years.

In addition to my research, The Mirror is supporting the proposed Jack Lis law, which calls for a different approach to dog legislation that will include all dogs and focus on the breeding, training and sale of dogs.

There is much interest in this topic, and rightly so. I do not think that anyone who signed these petitions should be vilified. Many people understand that something needs to be done, but when experts agree that there are problems, the Government should listen. We have to stop these incidents occurring, that is for sure. If we are to ban the XL bully, the timeline for neutering definitely needs to be looked at, and we must really push for responsible ownership.

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[Ian Lavery]

The hon. Lady makes a positive and accurate point. My family dog—it is not mine, but my son’s—Olive, is a beautiful young puppy, but I am pleased that she has shorter legs. If she had had longer legs, I’m telling you that somebody would be saying that she was a dangerous dog. But she is one of the most wonderful animals ever. The hon. Lady makes a valid point.

Staffies—Staffordshire bull terriers—are fantastic animals. Anybody with any expertise in the dog world knows about Staffordshire bull terriers. There will be the odd bad one in any breed, by the way: there can be bad labradors and bad retrievers. But what is being said is that we need to look at dangerous dogs, not just XL bullies. I am wondering: who is going to police this? Who is going to be knocking on the doors with a tape measure? As has been mentioned, a lot of families are concerned that their dogs might be classified because they look like something. They might lose a loving pet—it is not right.

I urge the Minister to think about two main points. We have to ensure that people follow Government legislation and what has been put out there. It is essential that they do that. The Government have to pause and review this entire legislation and come forward with amendments to the Dangerous Dogs Act, not just focus solely on one potential breed that might be considered to look like something that it might not be. It is absolutely crazy. At the same time, please do not think that I do not want any legislation. I want to ensure that not a single person is mauled again by any dogs, anywhere in this country. I would support whatever we can do to do that properly—properly, man.

Another real point is the fear of dumping before the 31 December deadline. A huge issue is that people will dump these dogs, whether that is because they cannot afford it or they do not understand the legislation. We then have the issue that, if the dogs are put into an animal rescue centre after the 31 December, they cannot be removed—so the rescue centres could be inundated with dogs.

There is also a massive issue with the veterinary surgeons. If I was a vet, I would not be putting a healthy dog down. I would not. It is important that we put dangerous dogs to sleep, but I would not be putting healthy dogs down because the Government said so— I think that is really important.

[Wayne David]

My hon. Friend has made a number of very good points indeed. Does he share my concern about the Government’s introduction of a ban on XL bullies? Many of the illegal breeders are quite unscrupulous individuals, as he has mentioned; if action is not taken against them, they will simply move on and create another kind of dog. As he says, the XL bully is not a distinct breed but an amalgamation of other breeds. The same thing might happen with another kind of dog if action is not taken against those illegal breeders.

[Ian Lavery]

Absolutely, that is so true. One of my final points is about unscrupulous owners and breeders. As I mentioned before, the breeders are crossbreeding these dogs with different types and what for? A lot of these owners love the fact that they can walk around with the XL bully and say, “Look at me—I’m big and I’m tough. I’ve got this dog, and I’ll set it on you.” But the vast majority of owners are responsible and they love their dogs. That is the huge issue in this debate today.

My final point is basically focused at the Minister. The letter from 31 October mentions that if an owner wants to put their dog down, the Government will give them £200 to do so. What about the people who are struggling, who have a dog, and who are looking after the dog very well? They might not be able to afford the insurance or the licence—the £92. What about the Government considering some sort of financial support to regulate and regularise good, honest owners and good, honest breeders?

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[Christina Rees]

I thank the hon. Member for his intervention. I really respect his view, which he put in a measured way.

On behalf of Hope Rescue, I urge the UK Government to consider letting rescue centres rehome XL bully types that, through no fault of their own, find themselves in a rescue centre.

[Wayne David]

The hon. Member and I visited the Hope Rescue centre in Llanharan a few months ago, where we saw and heard many moving things. I was particularly moved by the number of deformed dogs that the centre had taken from illegal dog breeders, many of which would otherwise have had to be put down. That brought home to me how illegal breeding is such a menace and really needs to be clamped down on. Does the hon. Member agree?

[Christina Rees]

I thank the hon. Member for his intervention. Not many people know this, but we were in school together many years ago at Cynffig Comprehensive School, so I always listen to his views, and I do agree with him on this.

On behalf of Hope Rescue, I urge the UK Government to consider letting rescue centres rehome XL bully types—that, through no fault of their own, find themselves in a rescue centre—subject to the exemption process and being assessed for suitable rehoming.

A friend of mine, Professor John Cooper KC, will be taking the legal challenge to the Government if the ban is not halted. Between 2016 and 2017, John and I served on the Bach commission, which was chaired by Lord Willy Bach and which provided detailed proposals on establishing the right to access justice as a fundamental and enforceable public entitlement. John has always been a staunch advocate of animal welfare both in and out of court, as well as being relentless in his representation of people who find themselves in the most vulnerable of situations. His work with dogs includes advising on the reform of the Dangerous Dogs Act—particularly the flawed breed-specific legislation regime—and advising on and drafting proposals for a more effective sentencing regime for pet theft. A former columnist for Dogs Today, John has a rescue lurcher called Lawrence.

Professor Cooper KC has stated:

“This is knee jerk legislation, which has neither maturely reflected on the wealth of evidence which is available or taken the time to reasonably consider the best ways to protect the public and act rationally in relation to the dog. It simply will not work.

Any proposed ban is no more than putting a sticking plaster over the issue as unscrupulous breeders simply move on to the next dog.

The answer according to the government’s own previous reports is an effective licensing regime, responsible ownership and stricter penalties and sentencing powers in the courts.

The law, maturely and carefully considered, can protect the public. This, tragically, goes nowhere near that.”

I cannot agree more with Professor Cooper’s words. Nor can I disagree with the heartfelt plea of Vanessa Waddon and her wonderful staff at Hope Rescue. For those reasons I call on the Government to halt the ban’s implementation, support responsible rescue centres, review the effectiveness of breed-specific legislation and carefully consider how to properly protect the public from serious and fatal dog attacks.

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[Wayne David]

The hon. Member is making a very good case, but does he recognise the danger that, by putting the focus on this one piece of legislation and by talking generally of other issues in the future, the impression will be given that one statutory instrument will be sufficient to tackle the problem? Is there not a danger that people will come to believe that, even though we know it not to be the case?

[Dr Hudson]

The hon. Member makes an interesting point. He also made the point earlier that once we ban this type of dog, people will look to find another type of dog. I acknowledge that some unscrupulous breeders will try to develop the next status-symbol type of dog, but that should not stop us from trying to stop such attacks on people and animals. This legislation is not perfect, but what we have seen in recent times means that something needs to be done now—in addition to a holistic piece of work to address some of the issues that he has rightly raised.

I fully recognise that this is very difficult for many owners. It is very difficult for the animal welfare charities and the veterinary sector as well.

Breed-specific Legislation

Wayne David Excerpts

Monday 6th June 2022 Westminster Hall

[Christina Rees (Neath) (Lab/Co-op)]

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 (Caerphilly) (Lab)]

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]

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.

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[Mr Toby Perkins (Chesterfield) (Lab)]

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]

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]

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]

Will the Government at least look at the possibility of licensing dogs?

[Jo Churchill]

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.

Sheep Farming: No-deal EU Exit

Wayne David Excerpts

Tuesday 3rd September 2019 Commons Chamber

[Jenny Chapman]

I agree with that. One of the specific problems faced by the farmers the hon. Gentleman describes is the fact that those flocks possess unique characteristics and that once they are gone they may never be able to be bred back into our national flock.

[Wayne David (Caerphilly) (Lab)]

Is not the heart of the problem the fact that lamb would not be competitive if it had a 48% tariff placed on it? That would be an absolutely ridiculous situation. The Government might talk about short-term subsidies to help the immediate situation, but that is no way to save the industry as a whole.

[Jenny Chapman]

That is absolutely right.

Packaging: Extended Producer Responsibility

Wayne David Excerpts

Wednesday 3rd April 2019 Commons Chamber

[Anna McMorrin]

My hon. Friend is completely correct. We have to find ways of recycling all waste, or of limiting its use. That is at the heart of the change that we need to make. “Blue Planet II” has inspired changes up and down the nation, with people increasingly moving from single-use plastic bottles to reusable bottles, increasing their use of travel cups and moving away from plastic straws and cutlery.

[Wayne David (Caerphilly) (Lab)]

Straws can provide examples of extremely good practice. A company in my constituency has won a £1 million contract to provide paper straws to McDonald’s. Does my hon. Friend agree that that is a good example?

[Anna McMorrin]

That is a fantastic example, and I hope that businesses in my own, neighbouring, constituency will be able to follow suit. We have had some fantastic local campaigns in the constituency. The initial plastic-free Rhiwbina campaign has now spread to plastic-free Llanishen, plastic-free Pontprennau and plastic-free Whitchurch. Those are all local communities with worried residents and children who are keen to make a difference in their own way, but this only goes so far. The brilliant “Packet-in” campaign from Rhiwbina and Coed Glas primary schools has seen the children collect packets that cannot be recycled and send them back to the chief executives of the manufacturers, accompanied each time by a letter demanding to know why they are not doing any better. However, we know that the reason why is that the issue needs structural, systemic change at Government and industry level. To do that, we need to legislate to incentivise big business and packaging producers to take responsibility for their waste and to ensure that the right infrastructure is there. That is why I introduced my Packaging (Extended Producer Responsibility) Bill which, if passed, would require producers of packaging products to assume 100% of the responsibility for the collection, transportation, recycling, disposal, treatment and recovery of those products.

My Bill would be a much-needed reform to the broken UK waste system, which is not fit for purpose. Introduced by the Conservative Government in 1990, this piecemeal and disjointed system sees a few large companies benefit and masses of waste shipped overseas out of sight, as my hon. Friend the Member for Cardiff South and Penarth (Stephen Doughty) said, and in all probability dumped into our oceans.

There are two main problems with the current system. First, waste collection is based on a producer responsibility note or PRN scheme. Under the current provisions of the producer responsibility obligations, businesses that handle packaging must fund the recovery and recycling of packaging material in proportion to the amount they have placed on the market. In other words, the more that packaging producers make, the more they pay, which sounds quite fair.

Unfortunately, the implementation of the PRN scheme is far from fair and disproportionately places the burden of waste collection on local councils. PRNs and PERNs—packaging export recovery notes—allow companies to comply technically with the law, as opposed to following the spirit of the law. What I mean by that is that if companies are in possession of a PRN or a PERN, they have the legal evidence needed to state that they are complying with the law, but PRNs and PERNs then become a substitute for businesses meeting their obligations through their own recycling efforts. That then places the burden of big business’s waste squarely on to local councils and the British taxpayer. There are no financial incentives for businesses to stamp out the bad practice, because the current costs in the system are so disproportionately low compared with the cost of recycling waste.

To put that in context, the UK’s PRO fees are among the lowest in the EU and leave British taxpayers to cover around 90% of the costs of packaging waste disposal. The way that PRNs and PERNs are sold on an open, fluctuating market means that the price can fluctuate based on supply and demand. Due to market volatility, the growth of UK recycling capacity is then restricted. Instead of investment in UK recycling, much of the growth in the waste disposal sector has been achieved through exporting waste and through a growing dependence on export markets.

To put things bluntly, between 2014 and 2016, the average revenue from compliance with the system was about £60 million a year, but the estimated cost of recycling services for a local authority was nearly £600 million. That is not sustainable. We cannot continue to export our waste abroad to countries such as China, which has taken 60% of the UK’s plastic waste over the past decade. In 2017 alone, the UK’s waste exports had the same CO₂ emissions as 45,000 cars. China stopped all mixed-grade plastic imports from other countries in 2018, so vast quantities of mixed-grade plastic UK exports no longer have an overseas market.

Our councils cannot keep funding the costs of the broken system, especially when they are reeling from the austerity agenda of successive Tory Governments. Due to local government cuts, more than half England’s councils have had to cut budgets for communications and collections for kerbside plastics recycling. We need to act now to make our waste collection systems fit for purpose, and many producers agree.

Since I introduced my Bill, I have built a coalition of industry around the positive change that is needed. This has included producers, manufacturers, supermarkets, industry bodies and non-governmental organisations. They all acknowledge that the system needs to change and that they need to take more responsibility for their own waste, but they need several things to happen.

First, any new extended producer responsibility scheme must have transparency at its core to ensure it is clear where the fees collected from producers and retailers are being spent. The fees should be put back into the UK’s recycling and reprocessing infrastructure, and into any communication programmes surrounding it, to make it work. Funds raised within the system must stay in the system, and a single not-for-profit organisation could be established to make that happen.

Secondly, local authorities should not be out of pocket for any recycling or waste collection they undertake. Thirdly, charges on producers should be modulated, varying based on the recyclability of packaging, and with higher fees for using more environmentally damaging materials.

Fourthly, any new scheme should encourage innovation in packaging design and be capable of responding flexibly and swiftly to improvements in packaging production. Finally, local authorities should be supported to improve the consistency of material collected for recycling.

I welcome the much-awaited resources and waste strategy, which was recently published by DEFRA.

Oral Answers to Questions

Wayne David Excerpts

Thursday 18th October 2018 Commons Chamber

[Bridget Phillipson]

The hon. Gentleman is right to highlight the fact that the commission has repeatedly warned that the ability to fine campaigners a maximum of only £20,000 per offence could increasingly become seen as the cost of doing business for well-resourced political parties and campaigners. The Minister for the Constitution wrote to the commission in response to its recent report on digital campaigning and said that the Government would carefully consider the recommendation. The commission continues to urge the Government to introduce legislation to strengthen its sanctioning powers for future elections and referendums.

[Wayne David (Caerphilly) (Lab)]

Last year, figures from the Electoral Commission showed that there were very few cases, or indeed allegations, of electoral fraud. Does that not demonstrate that the perception of electoral fraud is far, far greater than the actuality of electoral fraud?

[Bridget Phillipson]

My hon. Friend makes an important point. No one wants to see barriers put in place to participating in elections and referendums. The commission has been involved in looking at the pilots that were undertaken around voter ID in recent elections and it will continue to make recommendations to Government to make sure that all people are able to take part in elections.

Puppy Smuggling

Wayne David Excerpts

Wednesday 1st November 2017 Westminster Hall

[Nigel Huddleston]

My hon. Friend makes a perfectly valid point. There are 8.5 million dog owners in the UK today, and that number is growing. The reasons why people wish to purchase dogs, and very young puppies in particular, are many and varied. The vast majority have perfectly honourable reasons, but some people view them as fashion accessories. I think we all question that kind of motivation.

However, anyone looking to buy a puppy needs to ask certain key questions. Where did the puppy come from? Does it have a passport? Has it had appropriate vaccinations? Of course, one of the most obvious things is: can we see the puppy’s parents? That immediately gives an indication as to whether the puppy was born locally. That does not mean that everyone is questionable, but it is a very strong indication.

[Wayne David (Caerphilly) (Lab)]

I very much support what the hon. Gentleman is saying, but does he agree that there is also the issue of adequate resources being allocated to both the Border and Immigration Agency and local authorities to ensure that regulations are properly enforced? That is an issue that we cannot get away from.

[Nigel Huddleston]

The hon. Gentleman makes a perfectly fair and valid comment about prioritising resources. It is the responsibility of all of us in politics to consider that carefully every single day. We also need to recognise other bodies, including the likes of Dogs Trust, which finance some of the solutions. We should applaud that. The Government need to play a role, but so do many other bodies and groups as well as individuals.

I am aware that, as my hon. Friend the Member for Walsall North (Eddie Hughes) mentioned, some of the suggestions are reliant on changes in the law that we may or may not be able to make until we leave the EU. I am sure the Minister will comment on some of those later. There are some things we can do now, and there are some things that we may not be able to do for a couple of years, but I hope we can pay attention to all of them and plan for the future now, not just when it occurs.

I know the Government are aware of all the issues I and others have raised today and I appreciate, and am proud of the fact, that they have made many changes and raised issues around animal welfare recently. That is to be applauded. I respectfully request, therefore, that the Minister and his colleagues carefully consider the various suggestions and actions that will come out of the debate. I look forward to hearing his response.

Oral Answers to Questions

Wayne David Excerpts

Thursday 20th July 2017 Commons Chamber

The hon. Member for Houghton and Sunderland South, representing the Speaker's Committee on the Electoral Commission, was asked—

[Wayne David (Caerphilly) (Lab)]

6. Whether the Commission is undertaking a review of political parties’ compliance with electoral regulations during the 2017 general election.

[Bridget Phillipson (Houghton and Sunderland South)]

Prior to the general election, the commission produced detailed guidance for political parties to help them comply with their statutory reporting requirements. The commission also engaged with a number of parties to discuss our arrangements for compliance. Its advice service for parties was available and well used throughout the campaign. The commission will publish parties’ spending returns for the general election as soon as is practicably possible once the deadlines for submitting the returns has passed.

[Wayne David]

I thank my hon. Friend for her response. She should be aware that serious allegations have been made about the use of a call centre in Neath by the Conservative party during the general election campaign. I want to tell the House that I have heard from the Electoral Commission, which has stated in writing that South Wales police are formally considering the allegations.

[Bridget Phillipson]

I am grateful to my hon. Friend for that. He will know that political parties that spend over £250,000 at the general election have six months to send audited spending returns to the commission, and they will need to include details of all party spending on campaigning at the election.

It is a potential offence under the Representation of the People Acts for there to be paid canvassing on behalf of the candidate, and any allegations would be a matter for the relevant police force to consider.

Diesel Fumes: Islwyn

Wayne David Excerpts

Wednesday 26th April 2017 Commons Chamber

[Chris Evans (Islwyn) (Lab/Co-op)]

I welcome this opportunity to discuss the urgent issue of the effect of diesel fumes in Islwyn. Last month, I questioned the Prime Minister about her plans to incentivise the use of less harmful alternatives to diesel. I welcomed her comments that the Government were preparing an air quality plan to tackle pollution across the UK. However, with the upcoming general election and the Dissolution of Parliament, the Secretary of State announced on Monday that the proposals are being put on further hold. I am afraid my constituents cannot wait that long.

The Royal College of Physicians estimates that pollution by diesel engines contributes to 40,000 premature deaths each year. Further, Public Health Wales has stated that air pollution causes 2,000 deaths per year in Wales. That is 6% of Wales’s annual deaths, and an average of five deaths per day. Nowhere in Wales is worse affected than my constituency.

The European Union dictates that hourly levels of toxic nitrogen dioxide must not exceed 200 micrograms per cubic metre of air, and it cannot exceed these levels more than 18 times a year. Hafodyrynys Road in my constituency alone had already surpassed this limit 60 times by the third month of this year—March. This gives Hafodyrynys Road the dubious honour of being the most polluted road in the UK outside of London. Over the next couple of weeks, many of us will be lauding our constituencies, but I am sure that that is a title that no one would wish to compete for. It is concerning that even with pressing evidence that the pollution situation in the UK is spiralling out of control, the Government do not recognise this situation for the public health emergency that it is.

Hafodyrynys Road is a key cross-valley route between Pontypool in the west and Caerphilly in the east. Every day the road is heavily congested with traffic, with diesel-reliant heavy goods vehicles frequently passing through. Diesel engines are no doubt very popular. When arguing for higher taxes on diesel cars, we have to be concerned that this may hit hard-working families who simply cannot afford to change their car. The Government’s diesel scrappage scheme may be popular, but it could be difficult and costly to set up, and it needs political will. This means that there needs to be further study of these ideas. It is therefore deeply disappointing that the Department for Environment, Food and Rural Affairs has now lodged an application at the High Court to postpone the publication of its plans.

[Wayne David (Caerphilly) (Lab)]

I am well aware of the excellent work that my hon. Friend has been doing on this issue. Residents in my part of Caerphilly borough are also concerned about the issue of which he speaks. Does he agree that a great deal of work has been done on the scrappage scheme by Fair Fuel UK, which shares his concern about the impact that the toxin tax can have on hard-pressed drivers?

[Chris Evans]

I totally agree. My hon. Friend, representing as he does the next-door constituency to me, will know of the effect that diesel fumes have on valleys roads, in particular. Like me, he regularly knocks on doors. If I speak to someone on one of these roads, the No. 1 issue is the diesel fumes coming from it and the effect that is having on their children. There needs to be real political will and a sense of urgency from the Government about this. It is no good using delaying tactics—this is happening now. It is a disgrace and a scandal now.

Oral Answers to Questions

Wayne David Excerpts

Thursday 4th February 2016 Commons Chamber

[Elizabeth Truss]

I completely agree with my hon. Friend. A number of farmers are facing cash-flow issues, which is why we are putting as much resource as possible into the RPA. We are now up to 77%, and we have paid out £1 billion. The cases that we are now dealing with are the more complicated ones, including those involving common land and cross-border land, which take extra time. As I have pointed out, we are dealing with a very complicated cap. One of my main efforts is to try to simplify that cap and enable farmers to make claims online this year so that the system will be faster next year.

[Wayne David (Caerphilly) (Lab)]

T4. No ifs, no buts, will the Secretary of State commit to maintaining the ban on foxhunting with hounds?

[Elizabeth Truss]

We have been very clear in our manifesto. We retain our commitment to a free vote on this issue, with a Government Bill in Government time.

Oral Answers to Questions

Wayne David Excerpts

Thursday 17th December 2015 Commons Chamber

[Mr Streeter]

Where Kettering leads, other parts of the country will surely follow. My hon. Friend is right to say that this matter is now embraced in the national code produced by the Electoral Commission. The Electoral Commission spoke to members of UKIP recently and, as I understand it, they have still made no formal complaint. Perhaps a lesson for all of us is that if we make allegations, we should back them up and refer matters to the police.

[Wayne David (Caerphilly) (Lab)]

Will the hon. Gentleman confirm that the Electoral Commission is of the view that electoral fraud cases are few and far between?

[Mr Streeter]

That is certainly the case, and we are fortunate in this country that there are very few cases of electoral fraud. Of course there are allegations, and the police now have special officers to investigate them, but mercifully at the moment, electoral fraud does not trouble us greatly.