Dog Control Bill [HL]

My Lords, like other speakers in the debate I appreciate this important Bill from the noble Lord, Lord Redesdale, which seeks to discuss issues which we all know are significant to the nation. He will have identified already from the contribution and pertinent questions from the noble Earl, Lord Cathcart, and those from the noble Earl, Lord Shrewsbury, who raised interesting points about service dogs, that he is in for quite a lively debate in Committee. The Government also have detailed reservations in certain areas but that, too, is a matter for Committee. I am sorry that I cannot give the noble Lord, Lord Redesdale, a great deal of comfort but the Government’s problem is that we are not sure whether this Bill is in principle the way to tackle the issues that it identifies. We just do not think that repeal of Section 1 of the Dangerous Dogs Act is the way to go. None of us who were in public life in 1991 could fail to recall the rapidity with which that legislation went through. Nor could we forget the nation’s shock-horror at the pit bull attacks that were occurring or the nation’s demand that action should be taken. The action was knee-jerk in the sense of immediacy of reaction. However, I do not think that the Act should be condemned as ineffective. The Government contend that the issues lie a great deal more in effective enforcement, an issue to which I shall turn in a moment, rather than in the nature of the legislation itself. We are therefore not convinced that the Bill is premised on an accurate consideration of how to tackle these issues. As the noble Lord will appreciate, even if an Act is subject to criticism, we should all be anxious about removing it if that might increase the risk to the public. Defra almost daily receives letters from the public about dangerous dogs and we are frequently pilloried in the press for not having tighter dog control laws. When reading what the public and the press say I am struck by the fact that there is a strong body of opinion that criticises the current breed-specific legislation on the basis that many more breeds should be added to the list. If we were to run a consultation on this issue, I do not have the slightest doubt that we would have additional lists of dogs that should come within the framework of existing legislation. Dogs such as the Akita and the Rottweiler obviously spring to mind. We are of course in regular contact with the police, and in 2007 we consulted every police force in England and Wales. Their view was that without the prohibition on the pit bull terrier-type of dog there would have been many more dog attacks in this country. The view of the vast majority of police officers is that pit bull terrier-type dogs are not suitable animals to be kept as pets unless they are kept under strictly controlled conditions and a court has assessed whether the dog poses any threat to public safety. It is often rightly said that any dog can attack someone. However, it would be irresponsible to pretend that some dogs are not far more capable of inflicting serious injuries when they attack than others. Some dogs have the physical and mental capacity to inflict horrific and sometimes fatal attacks. It is no surprise that people who are interested in dog fighting—a practice which has been condemned by every contributor to this debate—concentrate on certain breeds of dog. Dog fighting is a despicable activity. The issue is that the pit bull was used primarily for and bred for that purpose. There is a danger that breeds in other parts of the world could be brought to the United Kingdom and would present similar threats. But we have to ask ourselves why these people tend towards only one type of dog. I know that pit bulls can be cross-bred with other dogs. The law is effective in that respect. It covers any dog that has the characteristics of a pit bull. If a dog is the offspring of a pit bull and another type of dog, it is likely to have the characteristics of a pit bull and be caught by the Act. It is not the case, as is sometimes suggested, that breeding development renders the Act ineffective and nugatory. It is the view of others, including the RSPCA, that the Act has been successful in preventing three specific types of dog with the characteristics of fighting dogs from being introduced into this country—the Japanese tosa, the Dogo Argentino and the Fila Brasileiro. These dogs are not suitable for general pet ownership and we are protected against their import. The Bill proposes to replace the prohibition of types of dog with the characteristics of fighting dogs with a ban on breeding dogs for fighting or keeping a dog that has been used for fighting. The Dangerous Dogs Act already makes it an offence to breed from any of the four types of dog that are prohibited. The pit bull terrier is still the dog most often used in dog fighting, so in effect it is already an offence to breed from the majority of fighting dogs. I therefore do not think that current legislation is ineffective. We also recently strengthened the law on animal fighting. Under the Animal Welfare Act 2006, it is now an offence to keep or train an animal for use in an animal fight. We are satisfied that the current law on fighting dogs is more than adequate. The current prohibition seeks to prevent the worst attacks by restricting the ownership of pit bull terriers. To take this restriction away would be a significant reduction in public protection. We are therefore not able to support the Bill, premised as it is on that significant stance. The Bill would make it an offence to own a dog that had attacked a person or another animal. However, courts already have the power to disqualify irresponsible owners from keeping dogs and the power to order the destruction of dogs that have attacked. We believe that the courts are in the best position to reach these judgments. I therefore come back to the point that our concern should be reflected in effective action under existing law rather than rethinking and redrafting the law, which is what the noble Lord seeks to do. The noble Lord’s second major theme is the introduction of control notices. We are not aware that any of the control measures suggested in the Bill are not already readily available under the Dogs Act 1871 or the Dangerous Dogs Act 1991. If the noble Lord is concerned about enforcement then I share that concern. We need to improve enforcement and ensure that police officers are well acquainted with the law. Every police force should have a specialist on dog law who is able to advise other officers on enforcement and to ensure that the force does its job effectively. We should also make the public aware of just where the law stands so that we inhibit the dangers of dogs becoming a problem for the public. Under the current law it is only a criminal offence to allow a dog to be dangerously out of control in a public place or in a private place where it is not allowed to be. But where the dog is allowed to be, it is of course the responsibility of the owner. I am concerned about the Bill’s provision—the noble Earls, Lord Cathcart and Lord Shrewsbury, also referred to it—regarding private premises. To make the obvious point, Parliament does not want to create a situation where a house owner could be prosecuted if the household dog bites a burglar. One is all too well aware of the sharp public reaction that would occur if the law permitted that. We have to be extremely careful about such an eventuality if the law is not clear about the position of a dog in a private place where it is entitled to be. We are not convinced that changing the existing law in this area would help those who enforce the law or administer justice, or reduce the number of attacks that take place in domestic premises. However, I emphasise that my officials will keep this area under close review, and if necessary we will make changes to the law if we believe that it would reduce the number of distressing incidents that occur within a family context. However, in the worst instance—that is, the family pet savaging a baby—there would normally be horrendous consequences for the family and, as we have seen in previous cases, the courts would have to reach difficult judgments on whether to convict a family member when the family has often suffered from the dog going out of control. Under the Dogs Act 1871—which of course preceded the Dangerous Dogs Act by 120 years—a dog can be considered dangerous even if the only danger shown is to other dogs and not to humans. Under that Act, being dangerous reflects the dog’s disposition and not its acts. In some cases an owner can be liable for any damage that a dog causes under the Animals Act 1971. We have substantial existing legislation which addresses itself to the issues against which the noble Lord suggests his Bill would provide additional defence for the public. The noble Lord mentioned the threat of gangs employing dogs as a weapon against the public or against other gangs, which can lead to disorder. This is an important issue. I can assure him that he has pressed us in an area where we share with him exactly the same anxiety. The Policing and Crime Bill, which at present is in Committee in the Commons, will have provision for an injunction to be made upon gangs to prevent gang members from being in charge of an animal in a public place if it can be established that it appears threatening to the public. Of course the Government share the noble Lord’s anxiety with regard to the safety of the public and the effectiveness of the law. We will all enjoy an interesting Committee stage when we debate the Bill. However, the noble Lord will appreciate that the Government’s concern leads us to press for the more effective operation of existing legislation—with the additional point I have made about gangs, where the law is to be changed—against a problem which the noble Lord is quite right to bring to the attention of the House.