Microchipping of Cats and Dogs (England) Regulations 2023

Baroness Anderson of Stoke-on-Trent Excerpts

Wednesday 19th April 2023 Grand Committee

[Lord Black of Brentwood (Con)]

My Lords, I declare an interest as a patron of International Cat Care. I warmly welcome these regulations and the Government’s action in this area. Over the years, I have had the pleasure of working with Cats Protection, which has campaigned vigorously on this issue and deserves great credit for sticking to it—and many other charities—to achieve this important change in the law.

I am the proud owner of a microchipped rescue cat but, as my noble friend said, 25% of owned cats in the UK are not microchipped, leading to huge problems with stray cats, many of which end up being rehomed needlessly when they get lost. It would also help, as the noble Lord, Lord Trees, said, with those tragic occasions when cats are run down or grievously injured in some other way, giving owners much anguish, as they worry about the fate of a beloved pet. Microchipping would help enormously with that.

One other point that I would like to make on that theme is that, as the noble Baroness said, there is a cost to microchipping, which may be an added burden for many struggling with bills at this time. I am delighted that, from this summer, Cats Protection will expand its subsidised scheme to assist people on low incomes to get their cats neutered and microchipped. That will go some way to dealing with some of the issues that the noble Baroness rightly raised.

In the world of animal welfare, there is always another challenge, and I agree with my noble friend that it is time that we had another debate on cats and dogs and other domestic animals—it has been a few years now. This important hurdle having been crossed, we still have the issue of pet smuggling and pet theft to deal with, as the noble Baroness said. I hope that it will not be too long before we see the return of the kept animals Bill, which will deal with some of those issues. I wonder whether my noble friend could very kindly give us an update on that.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I thank the Minister for providing an overview of this very important statutory instrument and also thank his team for the helpful briefing that it provided.

The issue of microchipping cats has been widely consulted on, and these regulations are, of course, supported by His Majesty’s Opposition. Let us be clear why we are here today: one-quarter of all owned cats are not currently microchipped, which compares unfavourably to their canine friends, as only 10% of dogs are not chipped. While that statistic is surprising enough, the scale of the problem is compounded by the fact that 59% of cats taken in by Battersea Dogs & Cats Home and 80% taken in by the Cats Protection adoption centres were not chipped. That can truly be heartbreaking for those pet owners who have lost their feline friends and cannot be reunited with them. As a proud nation of animal lovers, we must do better, which is why these regulations are so important. However, I would like to ask the Minister a couple of questions related to the implementation of the regulations.

Can the Minister confirm that the department is in discussions both with local authorities and with the relevant charities to ensure support for those who will struggle to meet the financial obligations associated with the implementation of the regulations, as has been highlighted?

On a further point, Rebecca Pow, the Minister in the other place, this week suggested that a further SI would follow regarding the microchipping database system and the need to have a standardised system in place for relevant parties to access. Can the Minister inform us as to when we should expect both the SI and sight of these plans to streamline the 22 current systems?

I would also be grateful if the Minister could provide your Lordships’ Committee with the definition his department and relevant stakeholders will be expected to use to differentiate between owned, feral and community cats.

We all want nothing but the best for our pets and those animals which we see in and around our communities every day—or currently on the campaign trail—which is why the Labour Party supports this statutory instrument. I pay tribute to the animal welfare organisations which have campaigned on this issue for many years and brought it to our attention, most notably Battersea Dogs & Cats Home, Cats Protection and the RSPCA, whose work we recognise today.

[Lord Benyon (Con)]

I am grateful to noble Lords for their important contributions to this debate and for the support for the compulsory cat microchipping provisions. I join the noble Baroness in paying tribute to Battersea Dogs & Cats Home, Cats Protection, the RSPCA and other organisations which have long campaigned for this. I hope that we will see this on the statute book in the very near future—I should just say to the noble Baroness, Lady Doocey, that it will kick in in June 2024.

Microchipping has established substantial benefits for the welfare of our pets and offers peace of mind for their keepers. I am delighted that we are delivering on the Government’s manifesto commitment, which is so strongly supported by the public. I will address as many of the points as I can.

On enforcement, the maximum fine is £500. My noble friend Lady McIntosh asked about the implementation of this with regard to dogs: I think almost 500 people have been fined for not having had their dog microchipped.

My noble friend also asked what the definition of an “owned cat” is. Colloquially, the term refers to cats that are generally kept as pet cats; free-living cats such as farm, feral or community cats that live with little or no human interaction or dependency are not regarded as owned cats. The statutory Code of Practice for the Welfare of Cats will be updated to include the new requirement for compulsory microchipping and provide further clarification that may be needed. We will consider issuing guidance on enforcement to local authorities. Of course it is difficult to define in government and legislative terms something so broad as the life of cats. We know that some move very short distances away from their owners, whereas others live virtually as wild animals.

Microchips are used to identify dangerous dogs. All prohibited dogs which receive an exemption under the Dangerous Dogs Act must be microchipped. It is mandatory to microchip your dog, and since 6 April 2016 it has been a requirement for dogs in England to be microchipped. Puppies over the age of eight weeks must be microchipped and their details recorded on one of the compliant databases. Scotland, Wales and Northern Ireland also have mandatory dog-chipping requirements in place.

We recognise how painful it is for an owner to lose a pet. When I was in the other place, dog theft was a major issue in the Berkshire/Oxfordshire area, and it struck me as a new MP that it was not being taken seriously, particularly by the police in those circumstances. Losing a pet in this way is a horrible crime that completely ruins people’s lives, so it is important to be able to work locally and make sure that the profile of that is raised. I know that police and crime commissioners have gone a long way towards making this a much more seriously viewed crime among local police forces. Great work is happening, and we want to make sure that that continues.

On a point mentioned by the noble Lord, Lord Trees, compulsory microchipping will make it easier for deceased cats to be reunited with their owners and for their owners to be informed of the circumstances. Highways England and the majority of local authorities already have procedures in place to scan dead cats and dogs found by the roadside. In addition, we are committed to improving the operation of the microchip databases.

Further on my noble friend Lady McIntosh’s point about fines, in fact 421 fines were issued for this offence; 1,126 various summary offences contrary to the Microchipping of Dogs (England) Regulations 2015 have been imposed, with an average of 84 fines per year, the average fine being £204.

Many noble Lords have raised the issue of the databases. The legal framework for database operators that store cat microchip records mirrors that currently in place for dogs. My noble friend is absolutely right: there are 22 separate databases that hold themselves compliant with the legislation, 21 of these also accept cat microchip records and a list can be found on GOV.UK. Our current consultation, to which the noble Baroness, Lady Anderson, referred, will address the point of access to the data on those databases. She is absolutely right: at the moment, you can access under which database it is listed, but then there is a further procedure. We are seeking to create one portal which will enable the veterinary surgeon or whoever is scanning the cat to identify the owner as quickly as possible. We think that is really important. The consultation on the microchip database system reforms closed on 20 May last year. We are currently analysing the responses with a view to introducing reformed measures this year, and we will be issuing a response to the consultation soon.

In response to my noble friend Lord Caithness, dog breeding is regulated under certain circumstances, but cat breeding is not. As puppies can be rehomed from eight weeks of age, the requirement for them to be microchipped by eight weeks ensures that the breeder is the first registered keeper—I am sorry: I cannot remember who raised this. The Government decided to raise the age at which a cat should be microchipped from the proposed 16 to 20 weeks due to responses in the public consultation. This is to allow the procedure to be carried out alongside neutering, which may be routinely carried out up to 20 weeks, so it fits with those specific requirements of cats, as opposed to dogs.

My noble friend Lord Caithness also raised the important issue of wildlife being killed by cats. It is very hard to legislate against this, but millions of birds are killed every year by domestic pets, many of them cats. We of course encourage responsible ownership. There are various things that a cat owner can do to make it harder for it to catch birds—where you put your bird feeder is but one of them—but he raises a very important point. The number of feral cats, although they can be very useful in farmyard settings for controlling vermin, is also part of the problem with killing birds, and we need to see a reversal in the decline of species in this country. We have a very firm commitment, and we are open to any suggestions which can help with responsible pet ownership. It is not just cats: if you watched “Springwatch” last year, you will have seen a dog destroying a redshank’s nest on the North Norfolk coast. People must control their pets and be responsible. We recognise that the damage that can be done by irresponsible pet ownership can be devastating to rare species.

We agree with the point made by the noble Lord, Lord Trees, about scanning not being compulsory. We agree with his position and thank him and the royal college for their support on this matter.