UK Parliament / Open data

Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006

My Lords, I thank the Minister for bringing these regulations before us today. We indeed participated in the Clean Neighbourhoods and Environment Act. I have just a couple of questions about the regulations. Having read the Act, I think that these regulations are as one might expect. I can see that they will assist in controlling behaviour in large towns and metropolitan districts that has long been unacceptable and which seems to have been on the increase recently. I am pleased to see particularly that it will now be possible for councils to act to reduce ““crocodiles”” of dogs that are paraded around certain parts of our cities, some under control and others, on occasions, totally out of control. It may also be possible to use part of the legislation to reduce the problem of people walking in the countryside with what can be described only as packs of dogs. They are often on footpaths or in fields through which a footpath passes. The dogs are infrequently on leads and can be both intimidating to humans and destructive to wildlife, as well as to cattle and sheep. However, I think there may be a catch, and I would be most grateful if the Minister could assist me. In the Act, parish councils are classed as secondary authorities. Few, if any, employ legal experts. Will they have to pay somebody to draw up the orders? I am not quite clear on that. If so, how much would that be expected to cost and would the parish councils normally ask their local primary authority to do it for them? That is one possibility. The Act seems to be quite clear that fixed penalties accrue to whichever council employs the officer who tackles the culprit. A parish clerk, for example, might earn his council the odd pound or two by keeping an eye on dog control areas in the vicinity of his own parish. Is a parish councillor allowed to become an authorised officer? That is not quite clear. Should an officer authorised by a parish council come across a defaulter who refuses to pay the fixed penalty, what procedure should that officer follow? How much would it cost the parish council? Is the level of proof required in a court any different from that authorised officer’s challenge of, ““I saw your dog contravene the notice. This is the fine””. If the parish council takes the miscreant to court, does it keep the fine? Can it claim all the costs of going to court? If it does, will they be granted? My concern is that it may not be worth a parish council setting out its own orders. I appreciate that the noble Baroness explained to us that authorities can use the existing legislation if they so wish. However, if they change over to the new orders, I presume that the relevant primary council would include the parish in its coverage. How much would it be reasonable for a primary authority to charge for that inclusion? Dog fouling has long been a bane and a pain to all of us, whether we live in the town or the country. It should be a basic requirement of anybody who is walking a dog in town or country to carry suitable equipment to make sure that they leave it in a decent state for other people. We therefore welcome the regulations. Dog fouling is to me what chewing gum is to other people. Both are horrid and both should be eradicated. However, I would be grateful if the Minister responded to the one or two practical questions that I have asked.
Type
Proceeding contribution
Reference
679 c1453-4 
Session
2005-06
Chamber / Committee
House of Lords chamber
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