My Lords, I declare my interest as a dairy farmer, but I no longer have a dog and do not use a dog on the farm. Paragraphs 31 and 32, to which these amendments refer, arise from Part 6 of Schedule 20, “Animals and Food”. Schedule 20 is entitled,
“Legislation no longer of practical use”.
These paragraphs state that under the Breeding of Dogs Act 1973 and the consequential Breeding and Sales of Dogs (Welfare) Act 1999, and their regulations, a local authority need no longer have regard to requiring dog-breeding records to be kept when granting a dog-breeding licence.
When introduced in the Commons stages of the Bill, it was explained that these requirements, to which we shall come shortly, will no longer be required because as from 6 April 2016 all dogs will need to be identified with a microchip. First, however, the legislation cannot be said to be no longer of practical use. The Microchipping of Dogs (England) Regulations 2014 have yet to be examined in either House; I have yet to examine the regulations in detail. Are they the silver
bullet to negate the need for the requirement to keep records? Can the Minister guarantee that the Microchipping of Dogs (England) Regulations will be right first time, so that we do not need a period of time to determine from evidence that they are working effectively without further adjustment? Would the Minister not agree that these paragraphs are being introduced prematurely? They give the impression that the Minister’s department was given a target of provisions to be cast aside into this Bill as a vehicle as it passed by. How foolproof the microchipping regulations are going to be needs to be determined before any consequential action is taken.
Secondly, the Committee can ask these questions because the information required to be kept by the provisions of the Acts already stated is not the same information required to be kept on a microchip. I hasten to add that we on these Benches are greatly in favour of the microchipping of dogs, but that is about identity, whereas the Breeding of Dogs Act 1973 is concerned with the welfare of breeding dogs. Under the Act, a licensed dog breeder must ensure suitable accommodation, exercise facilities and adequate provision to prevent the spread of disease. There are also other provisions. Under the 1999 Act, accurate records must be kept in the prescribed form and be available for inspection concerning the mating of dogs, number of litters and so on. That information is entirely different from the information that will be recorded on microchips and, crucially, it is in a standard format that is convenient for licensing authorities. By contrast, the details on a microchip will be restricted to the name and address of the owner at the time of microchipping; the name of the dog; and its breed, colour, gender and date of birth. Can the Minister confirm that Paragraphs 31 and 32 categorically do not affect the welfare elements in the Breeding of Dogs Act 1973 and that the prescribed form of information will still be required?
Thirdly, the welfare of dogs is an important matter of concern to many people and organisations. I have received expressions of concern from the Advisory Council on Welfare Issues of Dog Breeding, the British Veterinary Association and CARIAD—Care and Respect Includes All Dogs. The Minister’s department has recently published updated guidance to support local authorities in the interpretation of the dog-breeding regulations, particularly the Breeding of Dogs Acts 1973 and 1991 and the Breeding and Sale of Dogs (Welfare) Act 1999. That has been produced in conjunction with the Chartered Institute of Environmental Health, the Kennel Club, the RSPCA and the Dogs Trust. Indeed, the Government commissioned the independent inquiry on dog breeding and welfare standards by Professor Sir Patrick Bateson, which also supported those concerns. The Local Government Association has also written to state that it does not support the paragraphs.
Fourthly, the Government do not appear to have conducted consultation on the issue. Consultation is accepted as necessary for new legislative proposals, but does it not also need to be carried out on deregulation? Your Lordships’ Secondary Legislation Scrutiny Committee will be particularly concerned to ensure that there has been adequate and meaningful consultation on the future microchipping statutory instrument. Will
it be concerned about the removal of requirements of the Acts concerning dog breeding? Perhaps the Minister can explain the extent of any consultation undertaken and its relevance in regard to my earlier remarks concerning the welfare issues in the dog-breeding Acts.
Lastly, there is concern that a period may open up between the enactment of the Bill and the operations of the provisions on microchipping. At the very least, the paragraphs need a guarantee that they will not become operable before the necessary databases, believed to be increasing to six, are all fully tested and successful in the integration of records from microchipping. Enforcement authorities could be left without any method by which they could trace dogs, assess the welfare of breeding dogs or protect other dogs and the public from the risk of the spread of disease or the trafficking of illegal dogs.
Those are grave charges against the introduction of these provisions into the Bill. I ask the Minister in his reply to this probing amendment to clarify that these paragraphs do not delete the full panoply of requirements concerning the issuing of dog-breeding licences by local authorities. I beg to move.
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