Dangerous Dogs Act: Staffordshire Bull Terriers

Helen Jones Excerpts

Monday 16th July 2018 Westminster Hall

[Helen Jones (Warrington North) (Lab)]

I beg to move,

That this House has considered e-petition 222419 relating to including Staffordshire Bull Terriers in the Dangerous Dogs Act 1991.

It is a great pleasure to be here under your chairmanship this afternoon, Mr Walker. I admit that I am no expert on this subject; my only qualification to open the debate is that I have been bitten twice, both times while leafleting and both times by that breed of dog made famous by Sir Arthur Conan Doyle—the ones that do not bark. I therefore intend to outline the arguments briefly to allow others with more expertise than me the time to speak.

The petition was started by those opposed to suggestions in some quarters that Staffordshire bull terriers should be included on the list of prohibited dogs maintained under the Dangerous Dogs Act 1991. Those of us who are a bit long in the tooth will remember that the Act was introduced following a lot of reports in the press about dogs—in particular pit bull types—mauling people.

The Act forbids the keeping of certain breeds, unless the dog is granted an exemption certificate, adding it to the index of exempted dogs. In that case, the owner has a certificate of exemption for the lifetime of the dog, but they must comply with any restrictions placed on him or her, such as keeping the dog muzzled in public. It is an offence to breed from, sell or exchange any dogs listed in the Act—even an individual dog that has an exemption certificate.

Those of us who, again, have been around for a while know that legislation that gets passed quickly, with agreement from both Front Benches, is usually flawed, and many people have argued from the beginning that the Dangerous Dogs Act has serious flaws. It was intended to prevent people from keeping and breeding dogs for fighting, but for a long time it has been argued that it is easy to get around the legislation—for example, by claiming that the dog is a Staffordshire bull terrier or an American bulldog, or by having a crossbreed, which is perfectly legal.

Other people have argued that such breed-specific legislation, or BSL, is the wrong way to proceed anyway. For example, the Royal Society for the Prevention of Cruelty to Animals has said that whether a dog is dangerous is

“influenced by a range of factors including how dogs are bred, reared and experiences throughout their lifetime”.

The British Veterinary Association states:

“we are opposed to any proposal or legislation that singles out particular breeds of dogs”.

[John Spellar (Warley) (Lab)]

Is my hon. Friend leading to the key criticism of that piece of legislation, which is that the police, and particularly the courts, ought to be taking on irresponsible and vicious owners, instead of showing such reluctance, as they have done on so many occasions?

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[Helen Jones]

I certainly agree with my right hon. Friend that there are a lot of irresponsible and vicious owners about, and I shall come on to that.

Another flaw in the Act was that the penalties for having a dog that is dangerously out of control applied at first only if the dog was in a public place or in a private place where it had no right to be; in other words, the Act did not apply to dogs that were at home, so to speak. That was remedied under the Anti-social Behaviour, Crime and Policing Act 2014, apart from exemptions involving people who were trespassers and who were in or about to enter a home.

We come down to two questions. Is breed-specific legislation the right way to proceed? If so, should Staffordshire bull terriers be included under that legislation?

[Mr Alister Jack (Dumfries and Galloway) (Con)]

I have fond memories of my family’s childhood pet, Roger, who was a Staffordshire bull terrier of great character. I wanted to get him into Hansard because he deserves it—he gave us a lot of pleasure as children. To add the breed to the Dangerous Dogs Act would be a travesty. Does the hon. Lady agree that the problem is that people create dangerous dogs? People, not dogs, are the problem.

[Helen Jones]

That is often the case, and I am glad the hon. Gentleman managed to get Roger into Hansard—let us all hear it for Roger! That is the argument that organisations such as the RSCPA put:

“Breed is not an appropriate criterion to assess a dog’s risk to people.”

However, the RSPCA also argues that the existing legislation does not promote animal welfare. It had to put down 232 dogs in two years, many of which it says could have been rehomed—I have reservations about the “many” because I am not sure how many people want to take on dogs listed under the Act. The RSPCA also said that, over the time we have had the legislation, admissions to hospital for injuries inflicted by dogs have risen. In fact, they rose by 76% between 2005 and 2015. There is also no scientific evidence to tie those injuries to the prohibited breeds.

As someone who is fairly neutral in the debate, I would like more information about that, simply as a precaution. Are we admitting more people to hospital than we used to? Are non-prohibited breeds causing the injuries? Or are too many dogs being kept in less than ideal conditions? All of us have met such dogs when canvassing—big dogs kept in small houses or flats without enough space to exercise and so on. Perhaps those conditions make the dogs more likely to bite.

We have to take the matter seriously. After all, about 21,000 people a year in England suffer a dog bite, and most of them are going about their normal business—for example, postal workers or delivery drivers. We need to find a way to protect them. In fact, 37 people have died in dog attacks since the Act was introduced.

The Select Committee on Environment, Food and Rural Affairs, which is chaired so ably by the hon. Member for Tiverton and Honiton (Neil Parish), is looking at the issue. The evidence it has had so far from animal welfare organisations and dog behaviourists—I did not even know that that was a job until I started to look into this—has been overwhelmingly in favour of looking at deed not breed when considering dogs.

People for the Ethical Treatment of Animals, however, supports a different approach. PETA has argued that Staffordshire bull terriers and American bulldogs ought to be added to the list of prohibited breeds. Its argument—if I may summarise it—is that those breeds are abused and neglected to make them fiercer, and it cites a number of incidents involving attacks. For example, last year an owner was killed in an attack by a Staffordshire bull terrier, and earlier this year, two of those dogs turned on a smaller dog and ripped it to shreds. PETA also recalled a 2012 incident when five police officers faced a pit bull-type dog. One of them ended up requiring skin grafts, two others were hospitalised, and three bullets were needed to stop the attack.

[John Spellar]

I thank my hon. Friend for giving way. Before she moves on, I must say that I find it surprising that we give any credence to that ridiculous organisation. Its main intervention previously has been attacks on anglers in the United Kingdom, which would not find favour with the huge number of anglers in the west midlands or indeed with you, Mr Walker.

[Helen Jones]

I am grateful to my right hon. Friend for his sterling defence of anglers.

I am simply trying to sum up the various views on this issue. Our petitioners say that these dogs make very loyal and loving pets and faithful companions—the hon. Member for Dumfries and Galloway (Mr Jack) mentioned his dog. On the one hand, the RSPCA promotes a more holistic view of dealing with dangerous dogs, with more education—especially for children—a better legal framework and greater enforcement of the law, along with more research into what makes a dog bite in the first place. By contrast, PETA would say that these breeds are kept, abused and fought because of their breed, and therefore should be banned. I am fairly agnostic in all this. We need much better information on which breeds are responsible for many of the injuries. Is there a pattern?

The League Against Cruel Sports says that the number of reported dog fights has risen sharply, from 72 in 2013 to nearly 500 last year. I do not doubt the figures, but I think we need to look behind them and find out whether they are increasing or whether the public and the police are getting better at reporting and dealing with these things. After all, dog fighting was rife in the 19th century, but there were no reports of it because there was no law against it.

[John Spellar]

The fact is that an organisation wishes to blacken the name of Staffordshire bull terriers, but this is—I say this as, I think, the only Member here from the old Staffordshire county—a very popular breed. As has been said, these can be, and often are, extremely good, friendly family dogs, and they are wonderful with children. It is absurd that this organisation is trying to ban them, rather than deal with the vicious owners and those who get involved in dog fighting. That should be the priority—not damning a breed that is so appreciated by so many in the west midlands.

[Helen Jones]

My right hon. Friend is right that there are strong arguments on the other side of the issue. Although it is undoubtedly true that we have made progress since 1991—all dogs now have to be microchipped, and we have extended the legislation to cover attacks on private land—we need to do more. What the animal welfare charities are putting forward will work very well with responsible dog owners.

The problem, as my right hon. Friend points out, is that many people who have these kinds of dogs are not responsible dog owners, but criminals. They use the dogs to fight, to defend themselves and sometimes to terrorise their entire neighbourhood, as we have seen. That is why the police have said in evidence that they are not prepared to move away from breed-specific legislation at the moment, although they might be prepared to do so in future. If we are going to do that, we will need much more evidence of what has caused the increase in dog attacks. We will also need a much stronger legal system and a better system of enforcing the law. There is no doubt that, when a number of people have these kinds of dogs, they abuse them deliberately to make them fearsome. [Interruption.]

[John Spellar]

I see I am no longer the only Staffordshire MP in the debate. My hon. Friend talks about the enforcement of the law. Perhaps that should start with the enforcement of microchipping—taking people to court and dealing with them when they have animals that are not microchipped or when they have damaged the microchip to make it undetectable.

[Helen Jones]

My right hon. Friend makes a very good point. There are all sorts of things that we should do, because we say we are a nation of dog lovers, but what is happening out there actually shows that many people are not dog lovers at all—they abuse animals, whether unintentionally or through malice. Dogs are often abused through being kept in unsuitable conditions and not being given enough exercise. Others are abused deliberately to make them more likely to attack. We need to look at that.

I am unconvinced about whether we should have a list of prohibited breeds at all, and certainly about whether Staffordshire bull terriers should be on it. I look forward to the other contributions to the debate and to the Select Committee’s report, which I am sure will be of great use in deciding how we move forward, both to protect animals from abuse and to protect the public.

[Neil Parish (Tiverton and Honiton) (Con)]

It is a pleasure to follow the hon. Member for Warrington North (Helen Jones), who put the case very well. The Environment, Food and Rural Affairs Committee is about to bring together our report, so I must be quite careful not to say exactly what I expect will be in it, but I will set out quite clearly the evidence that we have taken so far.

I want to start with my experience of three weeks ago, when I visited Battersea Dogs and Cats Home. I came across a crossbred dog that was of a pit bull variety. I went into the pen with it—the dog was of good temperament. It had come in as a stray and had to be investigated by the police to see whether it was part pit bull terrier. The police officer decided that it was and that dog was put down. I really was quite shocked by that.

I am a farmer and I believe that any animal that is vicious and cannot be put right should be put down, but not a dog of really good temperament. Deciding whether a dog has pit bull terrier in it is not an exact science: measurements are made of the length of its nose and its conformation. The Minister is also a farmer; he knows very well that when animals are crossbred, sometimes they come out looking exactly like the parents and sometimes they look totally different. I found it shocking that the police officers went through the various measurements and worked out that there was pit bull in a dog, when the dog was of really good temperament. It should be up to Battersea to rehome that dog very carefully. While that dog is out on the street, it may well be given an exemption order to allow the owner to keep it, but the moment that dog comes in to a rescue centre, it has to be inspected and if it considered of a pit bull type, it must be put down irrespective of the dog’s temperament.

The issue is the deed not the breed. I believe that a dog of any breed in the hands of the wrong person can be made vicious by that person beating it, burning and doing all sorts of horrible things to make the dog vicious. Pit bull terriers and pit bull types account for about 20% of the total bites in the country, but a bigger percentage of them bite than do other breeds. Is the dog breed the problem, or do particular owners for particular reasons take those breeds on because they know they can be made to be dangerous and to bite?

I understand the Minister’s point of view. If we said, “Let’s abolish all breed-specific legislation,” the next time a pit bull or any of the other four banned breeds inflicted a really nasty bite, he would be rolled out on to the television and Radio 4 and asked, “Why did you do this, Minister?” Without second-guessing the Select Committee, I suspect we will recommend not total abolition of the breed-specific legislation, but an arrangement where the temperament of the dog can be given much greater consideration. In the Netherlands, for instance, dogs with good temperament can in certain circumstances be rehomed from rescue centres, provided that the new owners are made aware of the dog’s breed and the potential for danger. We can go somewhere with that. Also, there must also be a better way in the 21st century of deciding how much pit bull terrier or any other banned breed there is in a crossbred dog, whether through DNA testing or various measurements of weight and so on. The science is very inexact at the moment, which is also a problem.

Another problem for the Government is that if we are to have breed-specific legislation—I am fearful of mentioning this—we need to add breeds to the list, because other, equally vicious breeds are coming in from Canada and elsewhere as people try to get round the legislation. We need to look at all breeds of dogs and work out which are potentially dangerous and must be watched, and react to that.

I cannot stress enough the importance of the dog’s temperament. We need to come down even more heavily on people who are vicious to their dogs, who breed dogs to be dangerous and who take them out in the streets to be dangerous. It is not really the dogs who need to be sorted out; it is the people. Of course, for the postmen and others who have to go on to people’s properties, recent legislation that makes owners more liable for the actions of their dogs on their own property is very much a step forward and all good stuff.

The Minister will probably talk about microchipping. That is good, but again anyone who goes to Battersea will find that only about 30% of the dogs there have accurate microchips. A dog may have a microchip, but often what is on it is largely fictitious. That is another problem.

The Minister has a problem in that the law on breeding and dealing with dogs works only for the law-abiding. If we are not careful, we will make the laws stricter and stricter for those who microchip their dogs and rear and look after them properly, but those who want to be outside the law will still be outside the law. I suspect that the hon. Member for Belfast East (Gavin Robinson), who in his place, will talk about dog fighting, which has been a real problem in Northern Ireland.

There are all sorts of issues around dangerous dogs and there is a reason for breed-specific legislation, but a key requirement is much sounder science for working out breed, especially of crossbreeds. We must also be able to consider the temperament of the dog, and those of good temperament, irrespective of breed, should be allowed to live. Likewise—this is the other side of the argument—a thoroughly vicious dog of any breed should be put down. As 80% of all dog bites are from non-banned breeds, we could argue that by concentrating on breed-specific legislation, we are missing the real point. We should be bringing in antisocial behaviour orders, more penalties and five-year sentences for those who are cruel to animals. Let us get all that on the statute book and deal with the people out there who are making their animals vicious. Then, quite rightly, we will deal with vicious dogs when they appear.

I was a bit concerned when a Minister in the House of Lords suggested to the Select Committee that we were being soft on dangerous dogs. That is not our point of view. A dangerous dog needs to be dealt with. If its temperament cannot be changed it must be euthanased, but there must be a way for dogs with good temperament to survive and prosper, not be given a death sentence just because they are of a certain breed. That is where we can learn from countries across Europe. Even Scotland now has different laws in this area—the hon. Member for Kilmarnock and Loudoun (Alan Brown), the spokesman for the Scottish National party, is a good member of the Select Committee. We must all work together and look at what is happening across the United Kingdom, because we could do a lot better.

We may not have to repeal the legislation, but we must look at how it is enforced and administered. The police told us in evidence that they want some changes. There is a big responsibility on a police officer who has to work out whether a dog lives or dies, and often different officers will make different decisions because the science is inexact. One officer may say that a dog is perfectly fine and should live, but another will say that there is too much of a banned breed in it, and it must be put down. We must clarify the position.

This is not an easy situation, but at the moment I am very concerned. I do not want to go to Battersea Dogs Home again and see a dog of really good temperament being put down. That is absolutely wrong. We need to find a way to protect social workers, postmen and everyone who needs to go into people’s homes to work.

[Helen Jones]

Does the hon. Gentleman agree that one simple way to protect postal workers and others would be to ensure that those with dogs running free in their house have either an outside post box or a cage behind their letter box? Any dog can bite if it feels threatened.

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[Helen Jones]

I thank all hon. Members who have spoken, particularly the hon. Member for Stafford (Jeremy Lefroy) and my right hon. Friend the Member for Warley (John Spellar) for their sterling defence of Staffordshire bull terriers. The Chair of the Select Committee, the hon. Member for Tiverton and Honiton (Neil Parish), also made an interesting contribution.

I thank the Minister for giving one of the clearest answers to a petition so far. We often have to send them back because they are not clear. His speech today was also very balanced in highlighting the need to get the legislation right and to protect people from attacks by dogs, and for that I am extremely grateful.

Question put and agreed to.

Resolved,

That this House has considered e-petition 222419 relating to including Staffordshire Bull Terriers in the Dangerous Dogs Act 1991.