My Lords, I thank both noble Baronesses for welcoming the order. As a grandmother, I appreciate their points about taking walks. Shoes can be a nightmare at the end of a walk in the country or in a park. The noble Baroness, Lady Byford, is right about the need to control large crocodiles of dogs and, virtually, packs in rural areas.
The model forms are constructed so that legal assistance is not needed to draw them up. We have issued guidance which enables one to follow a step-by-step process. Parish councillors may be an authorised officer. However, in guidance we have advised against that. The noble Baroness also asked about finance. If the parish council were to prosecute, it could not keep the fine—the result of the prosecution.
It is for primary and secondary authorities to decide between themselves what arrangement they want to come to for charging and assistance with prosecutions. Parish and community council fixed-penalty notices are currently issued by a range of officers authorised by the local authority, in addition to police officers such as police community support officers or council workers, such as town patrollers, who are employed specifically to enforce laws on dog fouling and litter.
Similarly, appropriate employees of parish councils will issue the fixed-penalty notices not parish councillors. Many larger parish councils already employ rangers, wardens and general maintenance teams, which will be well placed to take on this responsibility. The new regime will be enforced. The primary and secondary authorities will be responsible for enforcing the orders, including issuing the penalties and taking to court those who opt not to pay. I agree that there is a difficulty if people refuse to give their details. In the smaller parish councils it may be slightly easier because more people know exactly who everyone is in the parish council area.
I shall check whether there are further areas I have not covered and will write to the noble Baroness.
Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006
Proceeding contribution from
Baroness Farrington of Ribbleton
(Labour)
in the House of Lords on Thursday, 16 March 2006.
It occurred during Debates on delegated legislation on Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006.
Type
Proceeding contribution
Reference
679 c1455 
Session
2005-06
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2024-04-21 12:14:43 +0100
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