Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017

Baroness Gale Excerpts

Tuesday 28th February 2017 Grand Committee

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, these regulations which are being introduced under powers in Section 153 of the Equality Act 2010 replace and amend the Equality Act 2010 (Specific Duties) Regulations 2011. Under this power, Ministers can impose specific duties on public authorities to secure the better performance of the public sector equality duty. These regulations replicate the measures from the previous specific duties regulations, namely that public bodies must publish information every year to demonstrate their compliance with the equality duty and set equality objectives every four years.

Tackling the gender pay gap is an absolute priority for this Government. That is why we have used these powers to include new duties for the relevant public authorities, if they have 250 or more employees, to report on their gender pay differences. We have already delivered on our manifesto commitment to introduce mandatory gender pay gap reporting for large employers in the private and voluntary sectors. The Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 were approved by both Houses last month and signed by the Secretary of State on 6 February.

Of course, it is only right that public bodies, including government departments, are subject to the same reporting requirements. That is why we announced in October 2015 that we would be extending the manifesto commitment to the public sector. We want government to be a trail-blazer and lead by example. These regulations apply to specified public authorities in England, non-devolved organisations and certain cross-border authorities. Scottish and Welsh public bodies are subject to separate specific duties regulations. The devolved Administrations in Scotland and Wales have been consulted on the proposed changes. Both sets of regulations will require the same gender pay gap calculations and use the same methodology for calculating the data.

Public authorities that are subject to these regulations will need to publish the mean and median differences between the average hourly rate of pay for male and female employees. They will need to publish the mean and median differences between the average bonuses paid to male and female employees. They will also need to report on the proportions of men and women who receive bonuses, and the proportions in each quartile of their pay distribution.

All specified public bodies will need to publish their gender pay gap data on a website that is accessible to members of the public. Organisations will also need to upload data to a government-sponsored website, which will allow us to establish a database of compliant employers and closely monitor compliance. We have aligned the reporting timetables and obligations as closely as possible for employers in different sectors to achieve consistency and comparable sets of data. The two sets of regulations will provide unprecedented transparency on gender pay differences in all sectors and create the environment needed to drive change. I beg to move.

[Baroness Gale (Lab)]

My Lords, first, I thank the Minister for bringing these regulations before us tonight. We waited seven years for the Government to come forward, but I am very pleased that they have finally introduced mandatory pay audits for large companies in the private and voluntary sectors. It is a shame that it has taken this Government so long to bring into force the measures created by the last Labour Government, but at least now we are taking some steps forward, which is very good. I commend the Government for extending the mandatory pay gap reporting duties to public sector employers, as they promised to do in October 2015. This again is another step forward towards progress.

The regulations discussed today, under Section 153 of the Equality Act, mirror almost exactly the regulations under Section 78, although I have concerns that some of the new duties could have gone further. As with the duties on private and voluntary sector organisations, they apply only to public authorities with 250 employees or more. The maintenance of such a high employee threshold for application of these duties in the public sector was raised as a concern by a significant number of organisations and individuals responding to the Government’s consultation, but the Government have chosen not to set a lower threshold for public bodies.

It is understandable that the Government would want to create comparable data between the public sector and private and voluntary sectors but, clearly, limiting the application to public sector bodies with more than 250 employees will severely limit the number of public authorities caught under this regulation. The Government claim that of course a public authority of any size could choose to adopt mandatory reporting, but to what extent will a voluntary expectation create practice in reality? What communication does the Minister intend to have with all public bodies, regardless of their number of employees, to encourage them to publish their gender pay gap information? Have any indicated to her that they will take this voluntary action? In the consultation response, the Government promised to keep under review setting a lower employee threshold, but failed to give an assurance on a timescale. When will this be reviewed? What evidence will she require to persuade her that the figure of 250 employees is too high a threshold?

Istanbul Convention

Baroness Gale Excerpts

Thursday 24th November 2016 Lords Chamber

Asked by

[Baroness Gale]

To ask Her Majesty’s Government why they have not yet ratified the Council of Europe’s Istanbul Convention, and when they intend to do so.

[The Minister of State, Home Office (Baroness Williams of Trafford) (Con)]

My Lords, the Government are absolutely committed to tackling violence against women and girls, and to ratifying the Istanbul convention. In most respects, measures already in place to protect women and girls from violence comply with or go further than what the convention requires. Before the convention is ratified, we need to take extraterritorial jurisdiction over a range of offences. We will seek to legislate when the approach to implementing ETJ is agreed and parliamentary time allows.

[Baroness Gale (Lab)]

My Lords, I thank the Minister for her reply, but I feel quite disappointed with it, bearing in mind that each year more than 2 million people in England and Wales, the majority being women, suffer some form of domestic violence. Although we have a raft of laws to protect people from domestic violence, this would be an additional safety net that means all our citizens could lead a life free from violence. I hope the Minister can go back and have another look at this. I am sure parliamentary time can be made available if the will is there. I hope the Minister will agree and urge whichever ministry is responsible for this to get a move on.

[Baroness Williams of Trafford]

I hope I can give the noble Baroness some comfort on some of the offences for which we already exercise our extraterritorial jurisdiction: murder, FGM, forced marriage and offences against children. In addition, we have pledged to increase funding to £80 million for violence against women and girls between now and 2020.

Violence Against Women

Baroness Gale Excerpts

Wednesday 25th November 2015 Lords Chamber

Asked by

[Baroness Gale]

To ask Her Majesty’s Government whether they are considering appointing a National Adviser for Violence against Women, Domestic Abuse and Sexual Violence, similar to the appointment made by the National Assembly for Wales in 2015.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, protecting women and girls from violence and supporting victims remain key priorities for this Government. We welcome all initiatives to tackle violence against women and girls.

[Baroness Gale (Lab)]

I thank the Minister very much for his response, although I am a little disappointed in what he said. Does he agree that anything that can be done to reduce the high number of women suffering from domestic abuse—1.4 million in 2014—must be done? Will he agree to meet the Minister in Wales to discuss the ground-breaking law in Wales so that women in England can benefit in the same way as women in Wales do now from that new law, which would add to all our existing law?

[Lord Bates]

Yes. In fact, I probably recommended the meeting and I am very happy to sit in on it. We have appointed, for the first time, a Minister for Preventing Abuse and Exploitation, Karen Bradley, in the Home Office. She takes a lead in this area, and I am sure that discussions between those Ministers will be very important. It is very important that we all work together. The key element of the Act passed by the Welsh Assembly was to provide for a strategy. We have that in England and Wales in the cross-government strategy, but we can all learn from each other. It is a very important area and we need to do more.

Advertising of Prostitution (Prohibition) Bill [HL]

Baroness Gale Excerpts

Friday 23rd October 2015 Lords Chamber

[Baroness Gale (Lab)]

My Lords, I thank the noble Lord, Lord McColl, for introducing this important Bill, which I fully support. I am very pleased that he has brought it to the House today. I believe that there is a very strong case for this Bill on three counts: first, it corrects the obvious anomaly in our law that it is currently illegal to organise or profit from prostitution by running a brothel or allowing premises to be used for prostitution and it is also illegal to cause, incite or control prostitution for gain, but it is perfectly legal to advertise—so there is an advert, but if you respond to the advert, you are committing a crime.

Secondly, prostitution has, as we have already heard, far-reaching negative effects on the majority of those involved in selling their bodies and on society as a whole. The noble Lord, Lord McColl, has provided a detailed overview of the evidence that explains why the Bill is necessary. I shall highlight the overwhelmingly exploitative nature of prostitution by citing three stories from south Wales that were told this year in a powerful documentary called, “Selling Sex to Survive”. The programme looked at prostitution in Newport, Cardiff and Swansea. It featured Emily. She once had a happy home, but life trauma led to a breakdown, which resulted in her turning to drugs and prostitution. She said, “Working on the streets, there’s lots of money, lots of drugs, lots of fun, lots of boys, but it’s a horrible, horrible, life”. Another woman said, “You get customers that used to pay £30 to £40 but now it’s £10 all in”. She wants to escape prostitution. Then there was brothel worker, Sorina, who earns enough money in Wales to support her family in Romania—but it comes at a big human dignity cost. She said, “In here, in this job you must be a very cold woman, without thinking, without heart, without anything”. Imagine basing your life on that: no emotion and no involvement. These stories show how awful, in most cases, it is for women in prostitution.

Thirdly, the Bill is important because it helps us fulfil our international obligations to address the demand for paid sex in relation to trafficking and prostitution generally. As the noble Lord, Lord McColl, noted, we have international obligations to reduce the demand for human trafficking under Article 18 of the EU directive and Article 6 of the Council of Europe convention on this subject.

Given both our international obligations to address demand and the fact that, according to the national referral mechanism, trafficking for sexual exploitation is the most common experience for victims of trafficking in England and Wales, it seems rather strange that the Modern Slavery Act has nothing to say about the demand for paid sex, even though it addresses the demand for other forms of trafficking through its supply chain provisions. So this Bill will help us rise to the challenge and demonstrate that we are taking our international responsibilities seriously. It will help reduce demand for paid sex and the suffering associated with prostitution.

It will also involve our society sending a clear message through its laws that it does not want to facilitate the celebration of what is an overwhelmingly exploitative practice through advertising. Enforcement will require the provision of some resources but, given the overwhelming evidence of the exploitative nature of prostitution, taking this step is necessary to challenge the exploitation of, in the main, women. Our international and moral obligations mean that we must take action.

I end with a quote from the organisation Against Violence and Abuse, which stated:

“Over 50% of women involved in prostitution in the United Kingdom have been sexually assaulted, and at least 75% have been physically assaulted at the hands of pimps and punters. Women in street prostitution are 18 times more likely to be murdered than the general population. These terrifying statistics demonstrate the need for more comprehensive legislation preventing the exploitation of women through prostitution. It is, therefore, my opinion that the very least this government should be doing is explicitly prohibiting the advertising of prostitution, as Lord McColl’s Bill so nobly argues”.

I am sure that the Minister is listening closely, as he always does, to what the House is saying today, and I hope that he will be in a position to support the Bill.

Women: Domestic Violence

Baroness Gale Excerpts

Tuesday 16th June 2015 Lords Chamber

Asked by

[Baroness Gale]

To ask Her Majesty’s Government what measures they are undertaking to ensure that women who have suffered domestic violence and abuse have access to the legal and emotional support they may require.

[The Minister of State, Home Office (Lord Bates) (Con)]

My Lords, tackling domestic violence and abuse is a core priority for this Government. We have allocated £7.5 million this year to fund local services which provide both legal and emotional support. Our ambition is to achieve the best possible outcomes for victims. We will continue to work with courts, police and crime commissioners, local government and the health service to make effective decisions to meet those needs.

[Baroness Gale (Lab)]

I thank the Minister for his response. However, does he agree with me that the two-year rule on providing evidence for victims of domestic violence is not working well enough? Does he also agree that, in line with two recent reports from the Joint Committee on Human Rights and the Justice Select Committee, as well as the Law Society and women’s groups, Regulation 33 of the LASPO Act 2012 should be amended to ensure that once legal aid has been granted on evidence of domestic violence, the certification should remain in force until the completion of the case, which does not always happen now, and that there should be discretion regarding the two-year rule? Bearing that in mind, will the Minister look at Regulation 33 with a view to amending and improving it?

[Lord Bates]

First, I pay tribute to the noble Baroness for constantly focusing on this issue and holding the Government to account on it. We can recognise that some progress has been made on this with the introduction of the law. Her point about the regulation is well made, and we will look at it. That matter will be under review—we are collecting the data from all the forces at present—and a further report will be issued by the national oversight group, which is chaired by the Home Secretary. I will ensure that that point is looked at and addressed.

Domestic Violence

Baroness Gale Excerpts

Monday 9th March 2015 Lords Chamber

Asked by

[Baroness Gale]

To ask Her Majesty’s Government, following the rollout of the domestic violence disclosure scheme by all police forces in March 2014, whether a review has been held of how the scheme has been implemented by police forces in England and Wales; and if so, what are the results.

[The Parliamentary Under-Secretary of State, Home Office (Lord Bates) (Con)]

My Lords, the Government are currently reviewing how the domestic violence disclosure scheme has been implemented. Early indications show that it is highly regarded by practitioners, and we are encouraged by the latest data, which show that 1,335 disclosures have been made. We are committed to working with our partners to ensure that good practice is disseminated, and the scheme is optimised to help keep victims safe.

[Baroness Gale (Lab)]

I thank the Minister for his response. I am not too clear about when this review will be published. I understood that it would be contained in the report that the Home Office published yesterday. But that report contained only about two paragraphs on Clare’s law. It is welcome that this law is in place as it does help to reduce domestic violence, but will the Minister say why only 39 police forces responded? Does the Home Secretary have any power to compel the other four forces to give their reports? We need a clear understanding of what is happening. After the pilot scheme a very good report was produced with 29 pages of recommendations. Is a similar report going to be given after we have a full review of the scheme? It is important that it is implemented properly throughout all the police forces.

Anti-social Behaviour, Crime and Policing Bill

Baroness Gale Excerpts

Tuesday 14th January 2014 Lords Chamber

Moved by

[Baroness Gale]

86A: Before Clause 98, insert the following new Clause—
“Dog control notice
(1) Where an authorised officer has reasonable cause to believe that a dog is not under sufficient control and requires greater control in any place, as a preventative measure to protect the public, the dog itself, or another protected animal, he or she may serve on the owner, and if different, person for the time being in charge of the dog a written control notice which—
(a) states that he or she is of that belief;(b) specifies the respects in which he or she believes the owner, and if different, the person for the time being in charge of the dog is failing to keep the dog under sufficient control;(c) specifies the steps he or she requires the owner, and if different, the person for the time being in charge of the dog to take in order to comply with the notice;(d) specifies the date by which the terms of the notice must be complied with; and(e) specifies the date that the notice expires which will not be for a period which exceeds six months.(2) In a control notice pursuant to subsection (1)(c) an authorised officer must require a dog to be microchipped (if not already done) and the owner, and if different, the person for the time being in charge of the dog, register the dog with a microchip database, and may require the following steps, where appropriate, but not limited to—
(a) keeping the dog muzzled as directed; (b) keeping the dog on a lead when in public or under control as directed;(c) requiring the owner, and if different, the person for the time being in charge of the dog, to seek and implement expert advice about training and behaviour for the dog;(d) having the dog neutered where appropriate; and(e) keeping the dog away from particular places or persons.(3) Failure to comply with the steps required in a control notice within the time period specified, to the satisfaction of the authorised officer may lead to a complaint to a magistrates’ court under section 2 of the Dogs Act 1871.
(4) The provisions of section 2 of the Dogs Act 1871 shall have effect if the owner, and if different, the person for the time being in charge of a dog fails to comply with the steps required in a control notice within the time period specified in accordance with subsection (3) as they would apply if a dog was dangerous and not kept under proper control.
(5) An “authorised officer” is a person that has been appointed by the local authority or police for the purposes of this Act.
(6) A “protected animal” is one that is commonly domesticated in the British Islands, is under the control of man whether on a permanent or temporary basis, or is not living in a wild state.”

[Baroness Gale (Lab)]

My Lords, Amendment 86A has been tabled in my name and that of my noble friend Lady Donaghy, who is unfortunately unable to be here this evening. I spoke to a similar amendment in Committee and wish to raise the matter of dog control notices once again.

My main reason for doing so is that organisations involved in this field still feel very strongly that dog control notices, rather than what is proposed in the Bill, are the best way forward. Those organisations include the RSPCA, the Kennel Club, Battersea Dogs & Cats Home, the Dogs Trust and the Communication Workers Union, as well as individual campaigners, many of whom have suffered as a result of attacks by dogs and, in some cases, have seen their loved ones killed in dog attacks. They have consistently argued that community protection notices will not work as well as dog control notices and strongly feel that we need dog control notices rather than the community protection notices which the Government propose.

The Government believe that community protection notices will be sufficient to address a range of anti-social behaviour problems including dangerous dog attacks and the need to promote responsible dog ownership. The use of a CPN, in conjunction with an acceptable behaviour contract, is meant to have a similar impact to issuing a dog control notice. The Bill states that CPNs will address issues of,

“a persistent or continuing nature”.

In practice, however, CPNs will be issued only after an attack has taken place and a written notice has been issued. A CPN requires that there be an existing complaint about a detrimental impact on a community’s quality of life, and it could involve a costly, painful and bureaucratic prosecution and investigation process for victims as well as for local councils.

Dog control notices directly target irresponsible ownership and will be pre-emptive. The preventive measures they contain address both repeat offenders and one-off attacks which affect individuals, not just communities, much earlier on. I believe that DCNs would be a better approach and the RSPCA’s statistics fully support that conclusion. In 2012 the RSPCA issued more than 12,000 informal advice notices—which in practice are similar to DCNs—in England and Wales. The compliance rate was 93%, an extremely high figure which was maintained at around that level for a number of years. The numbers show that DCNs not only work but work well.

In 2012, dog attacks cost the NHS more than £9.5 million. I said in Committee that 17 people have been killed by dogs since 2005, including nine children, but that figure has now increased and, sadly, 19 people have been killed. It is estimated that more than 200,000 people are attacked every year, with more than 6,000 injuries treated by the NHS in 2011-12. One in six of those attacks were on children under 10.

The issue of dog control cannot be dealt with under this catch-all policy. Many charities and organisations have spent much time and effort trying to educate the public about responsible dog ownership and many dog owners have responded to that. Most dog owners do their best to care not just for their dog but also about their dog’s behaviour. Owners must be held responsible for dogs that cause problems.

In Northern Ireland, the use of dog control orders in conjunction with dog licensing has been very successful. Has the Minister looked at how it works in Northern Ireland, and can we learn lessons from that experience? Can he say why he is so adamant on this point? He has listened to the campaigning organisations, but why has he failed to impress on them a belief that CPNs are better than DCNs? The individuals and organisations which have been campaigning are the experts in this area, and the individuals concerned have strong personal reasons for campaigning on it. If community protection notices rather than DCNs are included in the Bill, can the Minister say what sort of publicity and additional funding will be provided to ensure that we have the best possible outcome in reducing the number of dog attacks and safeguarding people against dog attacks in future? We are all aiming to achieve that objective in this Bill and the orders. I beg to move.

[Lord Redesdale (LD)]

My Lords, I feel a little torn, having read the amendment, because I would heartily support it. In fact, I proposed two Private Member’s Bills which set out many of the provisions in the amendment. I would support the amendment, but we are where we are, with the Government having proposed the legislation. I have been working with organisations such as the Dogs Trust, the Kennel Club, Blue Cross and others for four or five years now, so I know their commitment to dog control notices. I believe that the Government have taken on board a large number of the arguments put forward. The department should be commended for the amount of work it has done to listen and to propose amendments to deal with some of the concerns raised about the Bill as drafted.

The noble Baroness, Lady Gale, has a very good point. It would be wrong not to say that I think in my heart that dog control notices would be an excellent idea. However, I believe that the Bill will now go a great deal of the way to meeting many of the assessments that we set out. It sets out to defend assisted dogs for the blind. It sets out to deal with the issue of dog attacks in private residences. It sets out clearly in the guidance how the local authority should try to deal with many of the issues.

Obviously, this is a complicated piece of legislation and we are changing 11 other pieces of legislation to fit it in. I would have preferred a separate piece of legislation on dogs. However, that was met with hostility from all sides of the House when I raised it a number of times—

--- Later in debate ---

I hope I have demonstrated that this is not an area where legislation has been deficient. With the arrival of the community protection notice in the Bill that we are seeking to enact at present, we have an opportunity to ensure that responsible dog ownership is a feature of people undertaking the responsibility of having an animal in their care.

[Baroness Gale]

My Lords, I thank all noble Lords who have taken part in this short debate and the Minister for his reply. When I spoke to my amendment, my noble friend Lady Donaghy was not able to be here. I am very pleased to see that she is now in her place; I know that she supported the amendment. I also thank the noble Lord, Lord Redesdale, for his contribution. I agree with him that we need a separate piece of legislation on dogs, but we will not go down that road tonight. I also thank the noble Lord, Lord Trees, for his contribution on protected animals, and my noble friend Lady Smith for her contribution and her support on this matter. She spoke about the need for a review, and in his reply the Minister said that we could perhaps have a debate in a few years’ time. I am not quite sure whether he meant that that would be the review or that there will be a review and we can then debate it.

[Lord Taylor of Holbeach]

If I could just explain, there will be a review of all this legislation; we are committed to post-legislative scrutiny of this Bill. I am suggesting that if the House wished to focus particularly on dog issues, I am sure that would be considered a suitable subject for debate by the usual channels.

[Baroness Gale]

I thank the Minister for his reply. I am sure that we will have a debate on this matter. He said that he believed that the community protection notices would be as effective as, or even more effective than, the dog control notices. We all hope that they will be as effective as the Minister hopes they will be. It is good to know that the campaigning organisations will now be working with the Minister to improve the legislation and ensure that it works. With that, I think we made our case strongly. I am sorry the Minister was not able to accept it, but we want the new Bill and the community protection notice to work effectively. As we cannot have what we wanted, I ask the Minister to work with the organisations, and work together now, to make sure that it will work. I beg leave to withdraw the amendment.

Amendment 86A withdrawn.

Anti-social Behaviour, Crime and Policing Bill

Baroness Gale Excerpts

Monday 2nd December 2013 Lords Chamber

[Lord Redesdale]

Of course. It is interesting how things develop. That is probably the purpose of this House. Private Member’s Bills do get the ball rolling. When I started on my first Bill, it was written with all the dog organisations and the RSPCA. It had a great deal of support, but not from the Government. The second time I raised it, after all the publicity, a great deal more work had been undertaken by Defra, and I think that has led to the present situation.

I would have liked a separate piece of legislation which would have been clear and concise. I understand the Minister’s position—that this has gone through the Home Office. The problem is that most Governments would have taken the route that has been followed, because we are dealing with 11 pieces of legislation that would have to be amended. For ease of access, it would have been extremely useful if there had been one dog control notice, but those of us who have been fighting this fight for some years now realised that that probably was not going to be the case.

I support the background to these amendments. However, there are a couple of issues that I wish to raise. I do not believe that these amendments are going to be carried but they show some of the fundamental problems that we are facing. One of the major problems is the Dangerous Dogs Act 1991. That was a knee-jerk reaction which led to types of dogs being named. Amendment 56LF talks about trying to work out what prohibited dogs are; for instance, a pit bull is actually a mongrel, so is very difficult to define as a particular type of dog. Breeders of pit bulls call them long-legged Staffies; they attempt to get round it that way. An expert trying to look at this has had difficulty, and it has cost the Metropolitan Police and the police in Liverpool and in other places millions of pounds kennelling those animals. I know that this is a specific point but there are cost implications of trying to work out within 48 hours whether the dog is a prohibited animal. Behavioural assessment will also cause difficulties because a lot of this work will fall to the dog charities. At the moment they are facing a massive problem with bull breeds being abandoned.

The issue of protected animals is raised in these amendments and we might well come back to it in further pieces of legislation. It is a particularly difficult issue to deal with. I have a rather useless and cowardly dog, but next door’s cat is particularly on his wish list. I do everything I can to try to stop him chasing this cat, but if a cat were seen as a protected animal—which it is not at the moment, though I know some people are calling for it—that would be a problem we would have to look at.

I understand the tenor of these amendments, and that this is an issue that we may return to further down the line if the Bill does not achieve its objectives. The Government deserve commendation for the attitude taken by the Minister and by the noble Lord, Lord De Mauley, who met and worked closely with us. That the guidance runs to more than 100 pages is a problem, because who is going to read it? If people do not read and understand the guidance and realise where it fits with other pieces of legislation, there is going to be a problem of enforcement. I have to admit that I found it difficult just reading the Bill and cross-referencing it. I hope that the Minister will consider attaching a very short précis to the start of the guidance to make the issue simpler.

[Baroness Gale (Lab)]

My Lords, I rise to speak to Amendment 56MA, which has already been mentioned by my noble friend Lady Smith and I hope to elaborate on what she had to say.

The Minister will be aware that many organisations and individuals have campaigned for dog control notices, including the RSPCA, the Communication Workers Union, and individuals such as Dilwar Ali, whose six year-old son was badly injured when a dog attacked him in his garden, and the parents of Jade Lomas-Anderson, who was killed in an attack by dogs earlier this year. I had the privilege of meeting them recently when they gave Peers a briefing on why they feel so strongly about the necessity for dog control notices. I am sure that the Peers who were present will agree that the meeting with Jade’s parents was an emotional one. They are determined campaigners and they certainly convinced me that dog control notices should be implemented rather than community protection notices, which I know are the Government’s preference. Dilwar Ali is an equally passionate campaigner for dog control notices following the horrific attack on his six year-old son. The Minister will be aware that the Communication Workers Union has campaigned for dog control notices in order to have some level of protection for postmen and postwomen, thousands of whom are attacked by dogs as they deliver the mail.

The Government believe that community protection notices will be a sufficient measure when it comes to addressing a range of anti-social behaviour problems, including attacks by dangerous dogs, and promoting responsible dog ownership. The use of a CPN in conjunction with an acceptable behaviour contract is meant to have a similar impact to issuing a dog control notice. However, it is clear that community protection notices are inadequate. Their shortcoming lies in their broad application. The Commons EFRA Select Committee concluded in February 2013 that many charities and organisations, including the RSPCA, the Kennel Club, Battersea Dogs and Cats Home, the Dogs Trust and the Communication Workers Union, have consistently argued that CPNs are too little too late and that they are not specific enough.

The Bill states that CPNs will address issues of a “persistent or continuing nature”. In practice, they will be issued only after an attack has taken place. Therefore, for a CPN to be issued, an existing complaint needs to have been made about a detrimental impact on the quality of life of the community, and it may mean a costly, painful and bureaucratic investigation and prosecution process for victims as much as for local councils.

A dog control notice would target irresponsible ownership directly and would be pre-emptive. That is vital when it comes to tackling dog-related incidents. Preventive measures address much earlier both repeat offenders and one-off attacks affecting individuals. We believe that the measures set out in our amendment are far superior to CPNs, as they are specifically aimed at dogs. The RSPCA’s statistics fully support this conclusion. In England and Wales in 2012 it issued 12,658 informal advice notices, which, in practice, are similar to DCNs. The compliance rate was 93%. That is a very high percentage and shows that these notices can work.

The Minister and noble Lords will be aware that in Northern Ireland the use of dog control orders in conjunction with dog licensing has been very successful. The presence of dog wardens employed full time by local authorities has also been very effective. Therefore, Northern Ireland has dog control orders, and Scotland has implemented them. The Welsh Government would have implemented them. However, the Minister will be aware that the Welsh Government withdrew their Bill in favour of the Wales and England legislation that we have before us today, although they do not believe that the Bill covers everything that their Bill would have done. I believe that they will have the right to come back to the Minister and that they are probably in discussion with him. Cardiff county councillors recently briefed me on the consultation which, because they are concerned about it, they have carried out regarding dangerous dogs in Cardiff.

Crime: Clare’s Law

Baroness Gale Excerpts

Monday 25th November 2013 Lords Chamber

Asked by

[Baroness Gale]

To ask Her Majesty’s Government when they will report on the pilot schemes relating to “Clare’s Law” in Greater Manchester, Gwent, Nottinghamshire and Wiltshire; and when a decision will be taken on the results of the evaluation.

[The Parliamentary Under-Secretary of State, Home Office (Lord Taylor of Holbeach) (Con)]

My Lords, to mark International Day for the Elimination of Violence Against Women, my right honourable friend Mrs Theresa May this morning announced the rollout of the domestic violence disclosure scheme, also known as Clare’s law, across England and Wales from March 2014. This follows the successful conclusion of the pilot in September, which found that it encouraged effective local multi-agency working around domestic violence and abuse. The Home Secretary also announced her intention to roll out domestic violence protection orders.

[Baroness Gale (Lab)]

My Lords, I thank the Minister very much and I am pleased to hear that Clare’s law will be rolled out nationally. Will he join me in congratulating Michael Brown—the father of Clare Wood, who was killed by her partner—who has campaigned relentlessly for Clare’s law? Can the Minister confirm that resources will be put in place so that women will know that they have the right to ask and the right to know under Clare’s law? Does he agree that there should be a national campaign to publicise this? Furthermore, does he agree with the hope that the number of women who die at the hands of their partner or former partner—which is estimated at about 100 a year, in addition to the 1.2 million it is estimated will suffer domestic abuse at some time in their lives—will be reduced by this additional aid?

[Lord Taylor of Holbeach]

My Lords, I am aware of the figures that the noble Baroness has produced. They are indeed horrendous. I willingly pay tribute to Michael Brown. I hope that the actions the Home Secretary has taken today are a worthy tribute to the suffering that Clare Wood endured. I pay tribute to the noble Baroness’s commitment to this issue and share her interest in ensuring that these projects are a success. The Government have ring-fenced £40 million of funding over the lifetime of this Parliament to help front-line organisations tackle violence against women and girls. We see this resource being available to fund both these initiatives and I hope that we all join in wishing them great success.

Anti-social Behaviour, Crime and Policing Bill

Baroness Gale Excerpts

Tuesday 29th October 2013 Lords Chamber

[Baroness Gale (Lab)]

My Lords, I, too, add my congratulations to the noble Lord, Lord Paddick, on his excellent speech.

I wish to speak on Part 7 of the Bill about dangerous dogs. In doing so I am aware of the great service that dogs give to our community. We know that dogs are great friends, they can be of great comfort to lonely people and children love them as pets. However, dogs also attack. There were 6,450 hospital admissions in the 12 months up to April 2012 caused by dog injuries and they cost the NHS £3 million.

I should like to tell your Lordships’ House a story of which I am personally aware involving a friend of mine. Dilwar Ali’s six year-old son was attacked in his own garden by a neighbour’s dog. Dilwar told me the story of what happened to his son. He said:

“On 2nd September 2011, my six-year old son was helping my wife bring in the washing from the back garden of our home in Llandaff North, Cardiff. Suddenly the fence came down and the dog from next door bounded into my back garden. The dog, a Rhodesian Ridgeback, bit my son on both sides of his face, taking a chunk out of his right cheek and hand. I’m told that these dogs were bred to hunt lions. I do know that it took two men to restrain the dog. The dog has since been destroyed. My son was rushed to the University Hospital of Wales, then to Welsh Centre for Burns and Plastic Surgery at Morriston for emergency surgery. Miraculously he was not killed but he is scarred for life and will have to undergo several operations on his face over the next 10 years. It is over 22 years since the Dangerous Dogs Act 1991 was passed. Public money and resources have been spent by police forces seizing dogs suspected of being a particular breed regardless of whether they are behaving dangerously or not. Yet dog bite incidents continue to rise proving that the Westminster Government's response in 1991 has not provided a solution. I do not believe that in most cases it is the dog which is at fault. Whilst genetics affect a dog’s temperament, its environment and training are far more important. These issues are down to the owner and the way the dog is, or is not, cared for. It is time for the law to be changed; time for a Dog Control Act encouraging responsible ownership and holding irresponsible owners to account”.

That was Dilwar Ali’s experience and his son will have to live with that for the rest of his life.

The Bill introduces community protection notices for general use in containing anti-social behaviour, including irresponsible behaviour by dog owners. All the experts agree that specific dog control notices are the better tool to give to local authorities to enable them to take steps to prevent dogs going out of control and to bring dogs back under control. There are differences between a community protection notice and a dog control notice. First, a community protection notice can be issued only after multiple incidents have occurred in practice, after a written notice has already been given to the dog owner and after someone has complained about the owner’s failure to prevent persistently aggressive behaviour on the part of the dog. Secondly, the criteria for issuing a CPN are broad. They focus on a threat to the quality of life for whole communities and do not take into account one-off, isolated attacks that threaten the quality of life of an individual.

A dog control notice would in effect be an early warning system allowing dog owners to address their dog’s behaviour before multiple incidents occur and punishments are handed out. Intervening early may also improve dog welfare because DCNs would ensure that dogs are retrained and owners re-educated in conjunction with the advice of local authorities. This makes a DCN more specific to an incident and therefore much more effective. A DCN looks at the warning signs and puts preventive measures in place. It takes action before an out-of-control dog attacks and it promotes responsible ownership. Dog control notices lay greater responsibility on the dog and its owner by providing a fairer and more balanced law that prevents the need for punitive measures, and it can save money. Enforcers do not need to resort to costly court proceedings, notices and prosecutions, thereby making better use of limited resources and time by nipping the problem in the bud. Perhaps the Minister can comment on that in his reply.

Clause 98 amends the Dangerous Dogs Act to include private property as well as public places and is to be welcomed. However, can the Minister say whether this would include the case I spoke of earlier—that of a dog that jumps over the garden fence and attacks a child playing in his own garden? Would this clause deal with such cases—that of a dog entering a private garden and attacking a person? The Minister said in his opening remarks that the clause would cover all places and, I assume, all incidents of that nature.

The Minister will be aware that the Welsh Government have withdrawn their own Bill on dangerous dogs and are working with the UK Government on this Bill. I understand that working together has been beneficial to the United Kingdom Government, given that a lot of work has been done by the Welsh Government. As I understand it, the Welsh Government have retained their right to introduce legislation if the UK Government do not cover all the aspects that the Welsh Bill would have covered. Can the Minister comment on that? I understand that the Welsh Government are working now with his department in order to produce a good Bill that will cover the aspects that we want in Wales.