I thank the Minister for his introduction to the order. Although operating a farm, I do not have an interest to declare regarding dogs. From this side of the Committee, the Labour Party supports microchipping of dogs. I start by paying tribute to the many organisations that have tirelessly campaigned and worked for the introduction of compulsory microchipping of dogs. Blue Cross and Battersea Dogs & Cats Home have been offering free microchipping, and the Dogs Trust has offered to meet the cost of all microchips, setting aside £6 million for the provision of microchips to vets, local authorities and housing authorities. The Kennel Club has gifted microchip scanners to every local authority in England and Wales. This is remarkable co-operation and determination from the sector to make this work. I note that several housing associations, as part of Wandsworth Borough Council, have introduced this as a tenancy condition for people on their estates.
In the 2012 consultation, the measures before us today were supported by 96% of respondents, so the regulations have been long anticipated. It was Labour’s Animal Welfare Act 2006 that provided powers to the Secretary of State to introduce secondary legislation to promote the welfare of vertebrate animals in England. However, it is somewhat disappointing that there appear to be questions around some of the provisions—that the Minister’s department may not have met all the various concerns of sector organisations or provided enough clarity.
The immediate concern involves the measures implicated in the Deregulation Bill. The Minister was not present in Committee on 18 November when his colleague, the noble and learned Lord, Lord Wallace of Tankerness, replied to our amendments. The measure relevant to this was contained in the clauses whereby certain requirements of the Breeding of Dogs Act 1973 and the Breeding and Sales of Dogs (Welfare) Act 1999 were to be repealed because of the imminent introduction of microchipping. Section 1(4)(f)(g) and (h) of the 1973 Act specifically requires that bitches are not mated before one year-old; that they do not give birth to more than six litters each; and that they do not give birth to more than one litter in any 12-month period. These provisions are designed to provide essential protections for the welfare of the breeding bitch.
In contrast, under the microchipping provisions, the information required on the database serves to notify of the details of dog and owner only, providing no information about breeding welfare, the number of litters, and so on. Does the Minister agree that, as the information objectives differ, the repeal of the requirements in that section of the 1973 Act on the grounds that they were redundant after the introduction of these microchipping regulations is entirely false? The Minister may reply that the Deregulation Bill is another matter, and we look forward to Report, when the Government’s position may be clarified. However, the first date in December for deliberation of this order was postponed due to some defect. What was that about? It does not seem to have been in relation to the data requirements of the microchip. It is entirely possible that the Minister does not want the microchip to record any details in addition to those provided for, which would then
anticipate difficulties for the Government’s one-in, one-out regulation-reducing requirement, which would be a shame.
During the Committee’s proceedings on the Deregulation Bill on 18 November, the noble and learned Lord, Lord Wallace of Tankerness, stated that the Government had,
“decided to consult the key stakeholders”,
on the repeal, to consider whether there was,
“enough evidence to support retaining”,—[Official Report, 18/11/14; col. GC 154.]
certain provisions. It appears that interested organisations are unaware of this, and I ask the Minister to provide details. I have yet to receive any information. Could the Minister clarify this before the return of the Deregulation Bill for further consideration?
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Is the Minister satisfied that the data requirements under Article 5 are sufficient? There does not appear to be an obligation for the breeder always to be recorded as the dog’s first keeper. Is the Minister confident that, in time, that would be the effect of the order, as it appears that it would be simple for the breeder to take a lifetime update service costing £16 further to extend the welfare benefits of microchipping to all future owners?
The success of this measure will very much depend on the public’s full compliance with updating new information. Has the Minister set up any mechanisms whereby that could be monitored? How long would a dog owner have to comply with the microchipping provisions before a notice would be issued? As the noble Baroness, Lady Miller, asked, will the Minister clarify who is responsible for updating the database with the details when a dog’s keeper changes, as required by Regulation 8?
It appears from the Explanatory Memorandum that there are currently four microchipping databases. Indeed, the Kennel Club runs one of them, Petlog. The Minister may say that it is not up to him to prescribe the number, but I wonder whether some consolidation could take place. It could be a simple task for one organisation, such as the British Cattle Movement Service. My reason for raising this is contained in Regulation 6(1)(i) and (j). Sub-paragraph (j) states that each database must be set to,
“automatically redirect on-line requests relating to dogs whose details are recorded on other databases”.
Can the Minister satisfy me that the links will be working satisfactorily every time? There is some anxiety that there should be one central inquiry point that could direct the inquiry to the right database. What provision is there for the transfer of data should an operator go out of business?
There is a provision in the regulations that all dogs imported into the country should be microchipped within 30 days. What is the situation regarding dogs microchipped overseas? Presumably they would comply under Regulation 3(3). What links will there be to databases overseas? Would a UK citizen taking a dog overseas, that then strayed, be confident that he might be reunited with the dog through an overseas database?
In Committee on the Deregulation Bill, the Minister, the noble and learned Lord, Lord Wallace of Tankerness, made clear that the Control of Dogs Order 1992 remains, whereby any dog on any highway or in a public place must wear a collar or badge attached to a collar with the name and address of its owner on it. He said:
“It is considered appropriate to retain that, even after compulsory microchipping is introduced”.—[Official Report, 18/11/14; col. GC 156.]
It would be a fair assumption that the public may not realise that both belt and braces will be required after the introduction of compulsory microchipping. The department must be careful not to give mixed messages. The Explanatory Memorandum states that the cost to the public purse of publicising these measures will be £400,000. Is the Minister satisfied that it is prudent, bearing in mind the connotations of that word, that these costs are contained in the maximum? The Microchipping Alliance understands that the Government intend to produce guidance to accompany the legislation. Can the Minister confirm that? It would be extremely helpful in providing clarity on many of the questions I have asked today. There is every possibility that the data on the microchip may not correspond to what is on the badge. Will the Minister consult relevant organisations on the wording of the guidance so that the precise workings of the regulations are those intended? Will the Minister consult local authorities, police and organisations on the publicity for the measures so that their messaging can complement that of the Government?
I hope I have not punctured the euphoria that these regulations may induce from their passage today. I merely hope that I pointed out several areas where clarity is needed to get the operation of these regulations correct. In this regard, I am grateful to the noble Lord, Lord Trees, for casting his professional eye for detail over these regulations. If I am right, if there is an identity badge and a microchip attached to a dog, there should be less concern to local authorities that they will be inundated with lost dogs at a considerable cost because ordinary members of the public coming across a stray do not possess scanners. We must be far from complacent. In agreeing this order today, can the Minister satisfy me that local authorities are confident that they have the resources necessary? The prize of saving some £32 million annually in dealing with some 102,000 stray dogs per year is certainly worth while, especially when considering the welfare benefits to dogs and the anxieties of their owners.