Question to the Department for Environment, Food and Rural Affairs:

To ask the Secretary of State for Environment, Food and Rural Affairs, whether she consulted with (a) the British Veterinary Association, (b) the Royal Society for the Prevention of Cruelty to Animals, (c) Dogs Trust, (d) Blue Cross and (e) the Kennel Club in drawing up the provisions of the Dangerous Dogs Exemptions Schemes (England and Wales) Order 2015; and if she will make a statement.

The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 recognises that owning and keeping a prohibited dog is a significant responsibility. These dogs are bred for fighting and Parliament has agreed that there should be restrictions and conditions on their ownership in order to protect public safety. The court plays an important role in determining whether a prohibited dog is a danger to public safety and must take into account whether the person intending to be in charge of the dog is a fit and proper person. The expectation of Parliament is that the person approved by the court will have day-to-day responsibility for the dog. There is a limit on how long a prohibited dog can be kept away from its home under the supervision of the person approved by the court. This ensures that the dog is kept in suitable accommodation at premises known to the police and is under the supervision of the court-approved person at all times.

A public consultation exercise on a package of measures aimed at promoting more responsible dog ownership ran from 23 April to 15 June 2012. This included aspects of the 2015 Order including provisions to enable seized suspected prohibited dogs not considered by the police to be a danger to public safety to be returned to their owner, subject to conditions, pending a court judgment on the fate of the dog. These provisions were widely supported. The keepership elements the 2015 Order return the law more closely to the position agreed by Parliament before the judgment in

R (Sandhu) v Isleworth Crown Court [2012] and address issues of public safety. The police were consulted on these provisions. Dogs Trust was consulted on the changes relating to insurance of owners of prohibited dogs.

In its response to the EFRA Committee pre-legislative scrutiny report of the Dangerous Dogs (Amendment) Bill, the Government made clear it would be bringing forward an Order to prescribe the limited circumstances when transfer of keepership of a prohibited dog is permitted. The issue was also covered in the fact sheets accompanying the Anti-social Behaviour Crime and Policing Bill during its passage through Parliament.