Legislation on Dangerous Dogs

Caroline Dinenage Excerpts

Monday 27th November 2023 Westminster Hall

[Dame Caroline Dinenage (in the Chair)]

Before I call the hon. Member for Don Valley (Nick Fletcher) to open the debate, I wish to make a short statement about sub judice resolution. I am sure Members have relevant constituency cases that they might want to raise in the debate. I remind them that under the terms of the House’s sub judice resolution, Members should not refer to any cases where there are ongoing legal proceedings; they should also exercise caution if raising matters that are not the subject of active legal proceedings, but where discussion could prejudice ongoing police or other law enforcement investigations.

[Nick Fletcher (Don Valley) (Con)]

I beg to move,

That this House has considered e-petitions 624876 and 643611 relating to legislation in respect of dangerous dogs.

It is a pleasure to serve under your chairmanship, Dame Caroline.

Jack was 10. His mum, Emma, described him as “our perfect boy”. On 8 November 2021, Jack went to call on a friend. He was attacked and killed by an XL bully. Jack suffered fatal injuries. He was 10 years old, and his life was over—absolutely tragic. Jack’s mum, Emma, told me that their lives will never be the same again. The community came together and showed huge support for Emma and her family, but sadly Jack is gone forever. I have had to lead petition debates on many subjects, often in circumstances where a life has been lost, but I do not believe that I have ever had to speak when there has been a loss of life in such horrific circumstances.

We have two petitions before us for debate. The first calls for the Dangerous Dogs Act 1991 to be repealed; the second calls for the Act not to include the XL bully. Having heard Emma’s story and taken evidence before today, and having seen and heard of many of these attacks, I can understand why the Government have announced a ban, but before I move on to the arguments, I will make it clear that Emma never called for the ban, as she believed that it would never happen. Shockingly, since the announcement of the ban, Emma has received real abuse from people who disagree with it. Doing that to a grieving mother is abhorrent, and I hope that if those responsible are caught, they are dealt with severely. Emma has suffered enough. Her only goal is to ensure that no one else has to go through such an ordeal. My heart goes out to her.

I will turn to the position of the Government and the petitioners. Following a concerning rise in attacks and fatalities caused by XL bully dogs, the Government have added the breed to the list of dogs banned under the Dangerous Dogs Act 1991. To help current owners adapt to the new laws, the changes will come into force in two stages. From 31 December 2023, it will be against the law to sell an XL bully dog, to abandon an XL bully dog or let it stray, to give away an XL bully dog, to breed from an XL bully dog and to have an XL bully in public without a lead and muzzle. From 1 February 2024, it will be a criminal offence to own an XL bully dog in England and Wales unless the dog has a certificate of exemption.

There is help with getting an exemption certificate on the Government website. If people want to keep their dog, it must be microchipped, kept on a lead and muzzled at all times when in public, kept in a secure place so that it cannot escape, and neutered. The owner must be over 16 years old, take out third-party public liability insurance against their dog injuring other people, and be able to show the certificate of exemption when asked by a police officer or council dog warden, either at the time or within five days.

--- Later in debate ---

[Christina Rees]

I thank the hon. Member for his intervention. Not many people know this, but we were in school together many years ago at Cynffig Comprehensive School, so I always listen to his views, and I do agree with him on this.

On behalf of Hope Rescue, I urge the UK Government to consider letting rescue centres rehome XL bully types—that, through no fault of their own, find themselves in a rescue centre—subject to the exemption process and being assessed for suitable rehoming.

A friend of mine, Professor John Cooper KC, will be taking the legal challenge to the Government if the ban is not halted. Between 2016 and 2017, John and I served on the Bach commission, which was chaired by Lord Willy Bach and which provided detailed proposals on establishing the right to access justice as a fundamental and enforceable public entitlement. John has always been a staunch advocate of animal welfare both in and out of court, as well as being relentless in his representation of people who find themselves in the most vulnerable of situations. His work with dogs includes advising on the reform of the Dangerous Dogs Act—particularly the flawed breed-specific legislation regime—and advising on and drafting proposals for a more effective sentencing regime for pet theft. A former columnist for Dogs Today, John has a rescue lurcher called Lawrence.

Professor Cooper KC has stated:

“This is knee jerk legislation, which has neither maturely reflected on the wealth of evidence which is available or taken the time to reasonably consider the best ways to protect the public and act rationally in relation to the dog. It simply will not work.

Any proposed ban is no more than putting a sticking plaster over the issue as unscrupulous breeders simply move on to the next dog.

The answer according to the government’s own previous reports is an effective licensing regime, responsible ownership and stricter penalties and sentencing powers in the courts.

The law, maturely and carefully considered, can protect the public. This, tragically, goes nowhere near that.”

I cannot agree more with Professor Cooper’s words. Nor can I disagree with the heartfelt plea of Vanessa Waddon and her wonderful staff at Hope Rescue. For those reasons I call on the Government to halt the ban’s implementation, support responsible rescue centres, review the effectiveness of breed-specific legislation and carefully consider how to properly protect the public from serious and fatal dog attacks.

[Dame Caroline Dinenage (in the Chair)]

I call the Chairman of the EFRA Committee, Sir Robert Goodwill.

Sewage Discharges

Caroline Dinenage Excerpts

Wednesday 12th October 2022 Westminster Hall

[Dame Caroline Dinenage (Gosport) (Con)]

I am grateful to my hon. Friend the Member for Bexhill and Battle (Huw Merriman) for securing the debate.

My Gosport constituency is a peninsula surrounded by Portsmouth harbour and the Solent’s waters, so we are a coastal community. We are also proudly protective of the ecology of the Solent. From the seagrasses to the seahorses, the flora and fauna of our coastal waters is vital to their health and sustainability, which is threatened by sewage pollution. In Stokes Bay, Lee-on-the-Solent and Hill Head, we have avid swimmers and lovers of water sports all year round, not just in the summer months.

We know that several targets have been set out for storm overflow reduction, and I welcome the new measures, but I have to express my frustration at the implied lack of urgency. The timescales are simply insufficiently ambitious. I know that storm overflows are a Victorian sewer system design feature, and I know that achieving the targets will require large and complex infrastructure projects, but water companies have made staggering profits for decades. In some cases, they have paid eye-watering fines while not sufficiently investing in infrastructure. Enough has to be enough.

Unfortunately, we regularly experience sewage outflows around our local beaches in Gosport. They do not always coincide with heavy rainfall, but the Environment Agency is only funded to deliver the requirements of the bathing water regulations by testing the waters between May and September. Therefore, if discharges occur in the winter months, the water quality is not known. I say to the Minister that our coastal ecology is affected all year round and people use the waters all year round. Can she please tell me what thought has been given to asking, and funding, the Environment Agency to check the waters all year round?

Badger Cull

Caroline Dinenage Excerpts

Wednesday 11th December 2013 Westminster Hall

[Chris Williamson]

I am about to conclude my remarks. I simply say that I hope that the Government listen to the debate.

[Caroline Dinenage (Gosport) (Con)]

The hon. Gentleman has been generous in taking interventions. I want to make one quick point. During his opening remarks, he presented the issue as a red versus blue one, but it really is not. It is a black and white issue, not a red versus blue one, as many Government Members feel as strongly about it as he does.

The case against vaccination has always been based on its cost as much as anything else, but the cost of policing the cull has spiralled to four times the original prediction. Does the hon. Gentleman agree that the cost of not vaccinating looks increasingly serious?

[Chris Williamson]

The hon. Lady is absolutely right. I am delighted that Government Members are as passionate as I am about wanting to—

Badger Vaccines

Caroline Dinenage Excerpts

Wednesday 16th October 2013 Westminster Hall

[Nia Griffith (Llanelli) (Lab)]

rose—

[Caroline Dinenage (Gosport) (Con)]

rose—

[David Morris]

I shall give way to the hon. Lady and then to my hon. Friend.

[David Morris]

That is a helpful intervention, and I shall do so at all opportunities given to me.

[Caroline Dinenage]

My hon. Friend has been incredibly generous with all the interventions, so I shall be brief. He mentioned that cost is often cited as the a reason for vaccinations not taking place, but does he agree that, if the cost of policing a badger cull is included, the cost difference is almost negligible? Furthermore, if the good will of all the volunteers who have been campaigning on behalf of badgers were harnessed, and they were turned into vaccinators or those aiding vaccinators, much of the cost difference could be mitigated overnight.

[David Morris]

That is the spirit of the debate—how we proceed and eradicate a problem that has blighted our countryside.

As I said, the DEFRA survey of badger numbers shows that there is some common ground. On the subject of badger numbers, I have heard huge variations in the estimates, which range from 150,000 to 350,000. It is vital to understand how many badgers there are, and I thank the Secretary of State and the Minister for their work on solving the problem. We cannot understand bovine TB and badgers’ effect on it until we can say for certain how many badgers there are.

The problem will not be solved by Government alone. We must have dialogue between DEFRA, the farmer and Team Badger and its affiliates. Together, they can work to ensure that we never need to consider a badger cull again. Vaccines are expensive, but most of the cost of the vaccination programme is in manpower. I dream of a world in which DEFRA trains volunteers from Team Badger to administer vaccines, while farmers play their part by facilitating the volunteers.

Oral Answers to Questions

Caroline Dinenage Excerpts

Thursday 19th January 2012 Commons Chamber

[The Minister of State, Department for Environment, Food and Rural Affairs (Mr James Paice)]

We are close to finalising a package of measures to tackle irresponsible dog owners—I am very sorry to hear that the hon. Gentleman has been the victim of such an attack—and we will be announcing those measures soon. In putting the package together, we have considered the benefits of compulsory microchipping of dogs and extending the current law to cover private property, so that the police can deal more effectively with out-of-control dogs on private property. The final package will cover future Government handling of such issues, as well as other plans to improve standards of dog ownership.

[Caroline Dinenage (Gosport) (Con)]

T3. Bearing in mind the years of chaos and the continued uncertainty about the future development of the Port of Southampton, can the Minister tell me what conversations have taken place with the ports Minister about how the Marine Management Organisation operates?

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Richard Benyon)]

I have had conversations with the Under-Secretary of State for Transport, my hon. Friend the Member for Hemel Hempstead (Mike Penning), about this. The consultation ends on 22 February. I can assure my hon. Friend that there is a real drive among Ministers, and also in the MMO, to see an early resolution to the matter following the end of the consultation.

Oral Answers to Questions

Caroline Dinenage Excerpts

Thursday 13th October 2011 Commons Chamber

[Mrs Spelman]

Obviously, the Forestry Commission is responsible for taking decisions in relation to its own budget, but this is a consultation and I will certainly look into the matter. In response to an earlier question, I said how important it is that young people are able to engage with nature, including with our woodlands and forests. Through the Rural Development Programme for England, we make it possible for young people to do that, and we would actively encourage the Forestry Commission to consider this as well.

[Caroline Dinenage (Gosport) (Con)]

T7. The Minister will be aware that the Fishery Protection Squadron is the oldest squadron in the Royal Navy. Does DEFRA see an enduring role for fishery protection within the Royal Navy once the current arrangements finish in 2013?

Dangerous Dogs

Caroline Dinenage Excerpts

Wednesday 6th July 2011 Westminster Hall

[Caroline Dinenage (Gosport) (Con)]

I add my congratulations to my hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) on securing this valuable debate. You will be pleased to hear, Mr Bayley, that my comments will be brief. I shall concentrate on the increasing incidences of status dogs—dogs that have been bred and, more importantly, trained to be weapons.

The Government have made inroads in tackling antisocial behaviour and violence on our streets. Knife crime has been vilified, and serious steps are being taken to stem the gang culture and youth violence that fuelled its rise. In place of the knives and offensive weapons that people carry in their pockets, more imaginative ways are springing up for people to look scary, fierce and suitably menacing. Status dogs should be seen for what they are: a violent weapon, a source of fear and something that fuels the rise in crime and antisocial behaviour.

As my hon. Friend the Member for Carmarthen West and South Pembrokeshire (Simon Hart) said, we do not necessarily need more legislation, but we must ensure that existing legislation is interpreted correctly and is flexible enough to get to the heart of the problem. We need to bring about a culture of more responsible and positive dog ownership.

The rise of the status dog is striking. Between 2004 and 2008, the Royal Society for the Prevention of Cruelty to Animals reported a twelvefold increase in reports of dog-fighting. Over half those cases involved youths fighting with their dogs in the street. A clear connection exists between the breeding and training of such dogs and criminal activity, and dogs are often used as a way of threatening and coercing others. As many of my colleagues have mentioned, attacks on humans have also increased and convictions have doubled over the past decade.

That troubling rise has been confirmed by my experiences and those of my constituents in Gosport. A great number of constituents have contacted me, sometimes in great distress, following attacks on much-loved family pets in public places. Dangerous dogs make the streets less safe for all by supporting and exacerbating violent crime. Current legislation is failing to deal effectively with the use of dangerous dogs as weapons, and ownership of the four breeds prohibited under the Dangerous Dogs Act 1991 has increased. Perversely, the pariah status of such dogs is an attraction for youths involved in violence.

I want to see a more cohesive vision for tackling the use of dogs as weapons. We must recognise that such dogs are part of a wider network of street violence and antisocial behaviour. The most troubling attacks—those linked to gang warfare—must be met with immediate and severe penalties. Furthermore, courts must be enabled to disqualify offenders from dog ownership altogether when the clear intention is for dogs to be used to cause harm.

We must not lose sight, however, of the suffering of the animals. Despite the danger that they pose to the public, in many cases their experience involves severe animal abuse. Through a partnership between the police, councils and animal welfare charities, it is possible to combine effective enforcement with wider educative goals. Dog ownership can have a beneficial and socialising effect on disadvantaged and demonised youths. Pioneering work has been done by organisations such as BARK—Borough Action for Responsible K9s—which seeks to teach responsible animal ownership in deprived and crime-ridden areas.

The beneficial and socialising effects of dog ownership on disadvantaged youths presents a powerful case for thinking imaginatively about future legislation. The straightforward ban on breeds and the reactive enforcement action of the current legislation has proved ineffective in the face of an increasing use of dogs as weapons. Such animals present a serious threat to the public; they are a significant prop for street violence, but in themselves a tragic example of animal abuse. I welcome this debate, and I look forward to hearing the Minister’s thoughts on proactive steps that could be taken to address the issue of dangerous dogs and the wider culture of gang crime and animal cruelty that perpetuates their use.