Dogs (Protection of Livestock) (Amendment) Bill Debate
Full Debate: Read Full DebateDaniel Zeichner
Main Page: Daniel Zeichner (Labour - Cambridge)Department Debates - View all Daniel Zeichner's debates with the Department for Environment, Food and Rural Affairs
(1 day, 20 hours ago)
Public Bill CommitteesIt is a great pleasure to see you in the Chair, Mr Western. I congratulate the hon. Member for Chester South and Eddisbury not just on introducing the Bill, but on her calm and thorough presentation of the issues, which served as an excellent introduction to our discussions.
I associate myself with the shadow Minister’s comments about the range of organisations that have engaged constructively on the long path to this point. He eloquently outlined the history, including the work of Baroness Coffey, to whom I pay tribute for strengthening the legislation in her version of the Bill. I have a sense of déjà vu from previous debates and from last week’s discussions—we are still working on measures that could have been put in place through the Animal Welfare (Kept Animals) Bill—but here we are, and we can all celebrate the fact that this is finally going to happen.
Let me reiterate how seriously the Government take the issue. As we have heard, livestock worrying and attacks on livestock have devastating impacts on animals and people. The behaviour of dogs that chase, attack or cause distress to livestock can result in injury or even death to the livestock and has a seriously detrimental effect on farmers and on those who work in the countryside.
I am very grateful for the contributions from Members across the Committee. We all know that the issue is important, but there are some wider implications that are perhaps not so immediately obvious, such as lambs being aborted and flocks of birds sometimes smothered.
Let me repeat some statistics. In 2025, a National Sheep Association survey found that 96% of farmers experienced between one and 10 sheep worrying incidents in the past 12 months. The remaining 4% experienced between 10 and 30 incidents, and one respondent reported 44 sheep killed in a single attack; one of our colleagues conveyed that powerfully in a previous discussion. Those tragic statistics show that it is worth our time ensuring that the Bill is passed.
The Bill takes forward important measures that will extend the locations and species in scope of the 1953 Act, strengthen police powers and increase the penalty from the current £1,000 fine. I am well aware of the strength of feeling among Members across the House, stakeholders and people who live and work across our country.
The main purpose of the Bill is to improve police powers and enable them to respond to livestock worrying incidents more effectively. It extends powers of seizure and modifies entry powers; it also introduces a new power to take samples and impressions from livestock and suspected dogs if there are reasonable grounds to believe an offence has been committed. Obviously, the world has changed a lot since the 1953 Act was passed; the Bill should give the police the tools they need to investigate, collect evidence and, most important, increase the number of prosecutions. It is striking how difficult it is to do that.
The shadow Minister asked about the DNA systems for evidence gathering. DEFRA has part-funded phase 1 of the canine DNA recovery project, which as he said is led by Liverpool John Moores University. The project will support measures in the Bill, and, we hope, facilitate investigations by making it easier for the police to collect the data. We are working with the project team, and I have asked them about how we can ensure the new DNA powers are rolled out effectively with the police.
As we have heard, the Bill extends the scope of the 1953 Act by broadening the locations where an offence may take place to include roads and paths, as the hon. Member for Bridgwater outlined so eloquently. That will help to protect livestock when farmers need to move them from place to place.
The changed wording of the offence and the creation of separate offences for attacks on livestock and worrying is really important; the shadow Minister made that point strongly. The term “worrying” can downplay the severity of some of these offences; the hon. Member for Chester South and Eddisbury made that point very effectively. Reframing the Act so that “attacking” is distinct from “worrying” better highlights the violent nature of the incidents. My hon. Friends the Members for North Somerset and for Stratford and Bow showed that there is widespread understanding of just how serious these issues are. The welcome extension, referenced by a number of hon. Members, of the 1953 Act to include camelids such as llamas and alpacas will allow much greater protection.
The maximum penalty, which is currently a fine of £1,000, will be increased to an unlimited fine to act as a deterrent. The courts will be able to determine an appropriate fine in line with sentencing guidelines that takes account of the seriousness of the offence and the financial circumstances of the offender.
The amendment was so eloquently spoken to that I was surprised to hear that this is the first time the hon. Member for Caerfyrddin has served on a Bill Committee; I hope she is enjoying it. The procedures are sometimes quite complicated. The 1953 Act makes it an offence to allow a dog to be “at large” around sheep in fields or enclosures, and makes it clear that a dog is at large if it is not on a lead or otherwise under close control. She is absolutely right to say that I have raised similar questions in the past about how to further strengthen the Bill’s provisions on that. However, I have been advised that the current approach is sensible, as it places strong requirements on dog walkers to behave responsibly, but does not unduly restrict the circumstances in which a court could conclude that a dog was not under close control.
It is important to get the balance right between responsible dog ownership, which I will come back to in a moment, and livestock protection. We know that many responsible dog walkers enjoy the countryside without incident. The countryside code, which I strongly believe we should strengthen and promote, already provides comprehensive guidance for dog walkers and highlights that it is best practice to keep dogs on a lead around livestock. I pay tribute to organisations such as the National Trust that are doing good work to promote and educate on responsible dog ownership. It is important that people understand what it is sensible to do when walking in the countryside.
The amendment would specify in more detail when a dog should be treated as being under close control, but I have been advised that that that is not expected to change behaviour among responsible dog walkers. The advice that persuaded me to change my mind is that setting out the meaning of “close control” risks inadvertently narrowing the circumstances in which a court would naturally conclude that a dog was not under close control. The benefit of the current approach is that it provides sufficient flexibility for a court to assess whether, on the facts before it, there is evidence that the dog was not under close control, and that evidence need not be limited to proving specific elements such as whether the owner had reason to be confident that the dog would respond promptly to recall. On balance, therefore, I think it preferable not to introduce the more stringent requirement. Although I have sympathy with the points made by the hon. Member for Caerfyrddin, I gently ask her not to press her amendment.
Turning to the wider animal welfare issues, I was delighted to hear the contributions from my hon. Friends the Members for Newport West and Islwyn and for Newcastle-under-Lyme, who quite rightly did exactly what one would expect of one’s colleagues and urged the Government to move more quickly. I will relay that message to my colleagues. I assure my hon. Friends that the Government are consulting widely. This is the important point: we were elected on a strong commitment to strengthen animal welfare. We are engaged in detailed conversations with all the stakeholders at the moment and will come forward with proposals that will, I am sure, satisfy my most engaged colleagues. I look forward to having that discussion with them as we go forward.
I will certainly give way. I am sure that my hon. Friend is going to press me.
Old habits die hard, Minister. I am grateful to him for acknowledging my comments and those of our hon. Friend the Member for Newport West and Islwyn. When he speaks to his colleagues at the Department, will he get us a date for the publication of this strategy?
I am grateful for my hon. Friend’s helpful contribution. I assure him that a date will emerge in due course. I am very happy to offer the Government’s support for the Bill.
Before the Minister finishes his remarks, I want to ask him one question. He said he would talk about what the Government are doing on responsible dog ownership. This discrete, and welcome, piece of legislation will do a lot to protect animal health and welfare, but it is part of a package of measures. We need to ensure that people who own dogs source them responsibly, train them responsibly, socialise them responsibly and manage them responsibly. How will this Government continue the work of the Conservative Government, who set up the responsible dog ownership working group? How will they ensure that the medium and longer-term piece of work, which will not be easy, is done in parallel? Legislation has been passed about XL bully dogs in the last couple of years—another discrete piece of legislation —but there must be work in parallel on responsible dog ownership. I would be grateful if the Minister said what his Government will do in that space.
The shadow Minister is right; I meant to fold that into my previous answer. As he would expect, this new Government are taking stock. By supporting these private Members’ Bills, we are effectively finishing the work of the previous Parliament before we move on to our exciting new measures, and our approach to responsible dog ownership will form part of that.
Thank you for chairing this Committee, Mr Western; it has been a pleasure to serve under you. I thank the Minister for his support for the Bill and those who have worked incredibly hard on it behind the scenes. I am extremely grateful to all Members who have served on the Committee for taking the time to listen to why I and others feel the Bill is necessary, and for all their thoughtful contributions.
At the heart of this Bill are farmers and livestock. The Bill will give farmers greater confidence that livestock attacks will be dealt with in a timely, effective and appropriate manner, reflective of the damage an attack can do. It is our hope that deterrence in the form of greater penalties and powers for the police to investigate livestock attacks will reduce the number of those attacks. The fewer farmers who witness an attack, deal with severely injured animals in the aftermath and face the economic costs as a result, the better. They deserve this Bill, and I am sure that they, like me, are incredibly grateful to all who have given their support today.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clauses 2 to 5 ordered to stand part of the Bill.
Amendment proposed: 1, schedule, page 5, line 8, at end insert—
“(3A) In subsection (2), omit ‘(that is to say not on a lead or otherwise under close control)’.
(3B) After subsection (2) insert—
‘(2ZA) For the purposes of subsection (2), a dog is “at large” unless—
(a) it is on a lead of a length of 1.8 metres or less, or
(b) it is within sight of a person and the person—
(i) remains aware of the dog’s actions, and
(ii) has reason to be confident that the dog will return to the person reliably and promptly on the person’s command.’”—(Ann Davies.)
This amendment would change the definition of the term “at large” for the purposes of the offence under section 1 of the Dogs (Protection of Livestock) Act 1953.
Question put, That the amendment be made.
Question negatived.
Schedule agreed to.
Question proposed, That the Chair do report the Bill to the House.
May I endorse that and thank the hon. Member for Chester South and Eddisbury for the way she has conducted this process? We wish the Bill well, because it is very important to tackle attacks on and worrying of livestock. The Bill will strengthen the 1953 Act, so let us get it on the statute book as soon as possible.
Question put and agreed to.
Bill accordingly to be reported, without amendment.