First, I should remind that House that I was a personal injury lawyer for 20 years before I was a Member of Parliament. I have maintained my practising certificate and am a consultant with my law firm, although I am not taking any cases. This job is more than a full-time one, as everybody in the House is aware. As a result of that interest, I have, of course, kept a close eye on what happens in the personal injury law world.
I obviously congratulate, as other hon. Members have done, the hon. Member for Preseli Pembrokeshire (Mr. Crabb). He has spotted an issue and run hard with it in several different ways. He has been very persistent, and I congratulate him on that, as well as on the good humour with which he has presented his Bill today. He has engaged constructively with me in debate. Unfortunately, as he knows, we have come to different conclusions on this issue, but that is not a reflection on the way in which he has approached it. I am sorry that he has not been able to persuade me, nor I him, but I hope to be able to influence the House's discussion of the Bill.
My concern is that the hon. Gentleman has focused on only one side of the story, as my various interventions have probably revealed. We have heard about the support for the Bill from country landowners, riding stables and many people involved on that side of the fence. We have heard about how the insurance industry, including the Association of British Insurers, is right behind this Bill—well, to coin a phrase, ““They would be, wouldn't they?”” My concern is for those on the other side of the fence. They are the people whom I used to represent when I was in practice—the injured, the victims, the people who are hurt through no fault of their own. People can be going along minding their own business and their car is hit by an animal belonging to someone else. They are run off the road and, as happened in the Mirvahedy case, they can sustain very serious injuries.
I am concerned about the young child, out with their family, walking along the bridle path enjoying a sunny Sunday afternoon's stroll through the countryside, who is suddenly hit by a runaway horse, is severely injured and becomes a paraplegic. They will then be dependent on their family and on the state. I am concerned about the girl playing in the park who is unexpectedly attacked by a dog, as my hon. Friend the Member for Birmingham, Perry Barr (Mr. Mahmood) suggested, and has her face ripped off, but is left with no compensation. I am concerned about everybody who is injured by someone else's animal. That may be because that person has not trained their animal properly, or looked after it properly or fenced it properly. It may be because of that person's negligence, or it may not. It may be because of some characteristic of the animal, or it may not.
In any case, I believe—and this is the bull point of the debate—that if someone owns an animal that has the potential to hurt somebody else, it is far easier for the owner to take out insurance against what may happen as a result. Taking out insurance is also the responsible thing to do. If someone owns a horse, or a riding stable, they can take out insurance. If someone owns a dog, they can take out insurance. Indeed, their household policy may already cover them, as a standard term, for injuries caused by their domestic pets. But the passer-by, the car driver who only has third party insurance, the child on the bridle path, or the little girl playing on the swings who gets attacked by the pit bull cannot insure against that risk, because they do not even know that it exists. The net result is that they end up uncompensated and their family have to look after them for the rest of their lives. That also involves the state, because if someone is severely injured, they will become dependent on benefits and the state will have to pay.
It is a luxury to own a dog. Before I was elected, I had a dog. Unfortunately, she died of old age in the autumn of 1996, and our present lifestyle would make it difficult to own another, given the hours that we work. She was a wonderful animal, and she would not have bitten anybody, but she would growl and snarl a bit. I was responsible for her behaviour, and I recognise that fact. Similarly, if people own a horse, they should be responsible for injuries that it may cause. That is self-evident, and if most people were asked the question in that way, they would answer in the affirmative. Most people would recognise that they can insure over the things that they own, but they cannot insure over things and risks that they do not own. That is the fundamental difference between us today. When I put that question to the hon. Member for Preseli Pembrokeshire and my hon. Friend the Minister, the problem was that everyone skirted round the answer. Nobody would say, ““Yes, I am prepared to see that person go uncompensated and dependent on their family and the state.”” Nobody was prepared to say that in absolute terms.
Animals Act 1971 (Amendment) Bill
Proceeding contribution from
Andrew Dismore
(Labour)
in the House of Commons on Friday, 14 March 2008.
It occurred during Debate on bills on Animals Act 1971 (Amendment) Bill.
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473 c547-8 
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2007-08
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