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

To ask the Secretary of State for Environment, Food and Rural Affairs, what progress he has made on the consultation of Breed Specific Legislation (Dangerous Dogs) Act 1991 to exempt dogs that are adaptable to family and pet life.

Section 1 of The Dangerous Dogs Act 1991 prohibits owning or keeping four types of dog: the Pit bull terrier; the Dogo Argentino; the Fila Brasileiro; and the Japanese Tosa.

HM Government firmly believes that these restrictions play an important part in our overall approach towards tackling dangerous dogs. Any changes to current legislation would require careful consideration to ensure that public safety remains at the heart of the regime.

Despite the general prohibitions on these types of dogs, there are already exemptions in place to allow individual prohibited dogs to be kept by their owners (or person for the time being in charge) if a court judges that the dog is not a danger to the public safety.

In its assessment, the court must consider the temperament of the dog and its past behaviour, whether the proposed owner is a fit and proper person, and may consider any other relevant circumstances, such as whether the dog can be kept in a suitable environment. If the court considers these criteria to be met, the dog can be listed on the Index of Exempted Dogs and must be kept under strict conditions, including being on a lead and muzzled in public.

The Dangerous Dogs Exemption Schemes (England and Wales) Order 2015 also established an interim exemption scheme, which allows prohibited dogs to remain with their owners in advance of a court hearing if the police determine that the dog is not likely to pose a threat to public safety in the meantime. The relevant Chief Officer of Police must be satisfied about the dog's temperament, and the suitability of its owner, for it to be placed on the interim exemption scheme.

With regards to rehoming exempted dogs, current legislation only permits transfer of keepership of prohibited dogs where the existing keeper has died or is seriously ill. However, case law has confirmed that a person with a pre-existing relationship with the dog may apply to place it on the Index, even if they are not the owner or most recent keeper.

HM Government must balance the views of those people who want to amend the breed specific legislation with our responsibility to ensure that the public is properly protected from dog attacks. Any changes on rehoming must consider the signals this sends about the acceptability of keeping these types of dogs, which are all kept illegally until they enter the Index of Exempted Dogs.