Animal Welfare (Responsibility for Dog Attacks)

The true incidence of dog-on-dog attacks across the country is likely to be far greater, since it would be ridiculous to assume that those attacks occur only in areas where police forces happen to record them. Scaled up, therefore, there could be as many as 35,000 dog-on-dog attacks each year across the UK—and increasing. Pet insurance companies have also reported dog-on-dog attacks to be rising, resulting in vets bills running to many thousands of pounds for affected households.

Laws, both civil and criminal, have been strengthened in recent years to protect the public where a dog presents as a risk to public safety, whether in public or in private, but it remains the case that a dog owner is not liable to any form of criminal prosecution when their dog fatally attacks or seriously injures another dog, unless: the other dog is a guide, assistance or service dog; the dog bites a human; or

“there are grounds for reasonable apprehension that it will injure any person”.

That is, quite simply, not right. Self-evidently, that is frequently not the case with a dog-on-dog attack, where so often a larger dog is making a bee-line for a smaller dog. In Michael’s case, he did not fear any injury to himself, because it was so clear that the dog was going for Emilie. Ironically, if Emilie had been stolen, not attacked, Michael’s legal remedies would have been far greater. For starters, under the Theft Act 1968, the perpetrator could have received up to seven years imprisonment. But because Emilie was brutally torn apart by someone else’s dog, nothing could be done. Not surprisingly, this leaves pet owners feeling powerless and deeply frustrated. It is also no doubt the reason why police forces do not even record such awful incidents.

Plainly, it is not the dogs that are the problem. Dogs have owners and every dog owner has a responsibility to ensure their dog does not fatally attack another one. In addition, there is a growing cohort of evidence that tackling dog-on-dog aggression and dog attacks in particular may well prevent a dog from going on and attacking other animals, adults or even children. As Benjamin Franklin so famously said:

“An ounce of prevention is worth a pound of cure”,

The Bill seeks to address all those issues. First, amending the Animal Welfare Act to criminalise fatal dog-on-dog attacks would extend the same protection to pet dogs that already exist for service, guide and assistance dogs. Pet dogs are as important to humans as service dogs. Indeed, when it comes to mental health, all dogs are service dogs.

Secondly, Emilie’s law would empower owners to pursue justice if their beloved pet is brutally attacked, while not demonising any particular breed or creating unhelpful stereotypes around certain breeds of dogs.

Thirdly, the Bill would encourage responsible dog ownership and animal welfare. Placing the responsibility for a fatal dog attack fairly and squarely on the person in charge of the dog, and empowering the police to take action, will have a deterrent effect, thus encouraging more responsible dog ownership.

Finally, the Bill would compel local police forces to record dog-on-dog attacks as separate offences, so that, finally, the full scale of these awful offences can be seen and counted. Passing this law would be a significant step in the right direction, but its effectiveness will depend heavily upon enforcement, so we must continue to work closely with the police and law enforcement agencies to ensure offenders are brought to justice.

I am well aware that most private Member’s Bills never make the statute book, but I am hopeful that this one will. It would certainly be extremely popular if it did. Emilie’s law has already garnered a huge amount of public support. However, if the Bill does not make the statute book, I would urge the Government to initiate an immediate review of existing laws regarding dog attacks, with a view to amending the current law to protect pet dogs in a similar way to service, guide and assistance dogs.

The Bill is about protecting the 13 million dogs across the country. Most dog owners are responsible, but there must be consequences for the small minority who are not. This is about dealing with that small minority who irresponsibly allow their dogs to kill other people’s dogs. By passing the Bill, not only will we help to make all dogs more secure, we will also make our parks, our streets, our towns and our cities, especially the new city of Southend, safer places for us all to live, work and visit.

That Anna Firth, Wayne David, Elliot Colburn, Henry Smith, Mr Mark Francois, Sir Oliver Heald, Jane Stevenson, Selaine Saxby, Gareth Johnson, Margaret Ferrier, Damian Green and Peter Gibson present the Bill.

Anna Firth accordingly presented the Bill.