Legislation on Dangerous Dogs

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.

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 The first calls for the Dangerous Dogs Act 1991 to be repealed; the second calls for the Act not to include the XL bully.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.

My hon. Friend is making a good point about what the Government have laid out on their website. One of my concerns is about the ban coming in so quickly. Does he believe that the public have enough information, or know where to find the information, to enable conscientious owners who want to look after these dogs and protect them to make an informed decision? Is there enough time to ensure that the information about what is needed from responsible owners gets out?

My hon. Friend is right is right to raise that point, which I will come to later in my speech.

I have discussed these petitions with many friends and colleagues. Like me, after hearing of such horrific attacks, they found it hard to believe the numbers that support repealing the ban. We have banned other dogs in the past, and these dogs are obviously dangerous, so who would not want to ban them? What is the reason? Let us explore further. During my research, I spoke to many professionals in this field; I attended six evidence sessions, and I attended the Environment, Food and Rural Affairs Committee in October.

What has been said by the petitioners? Anita Mehdi, the creator of the main petition, states that she believes that adding another breed to the Dangerous Dogs Act is not the right way forward. She also believes that the media is to blame for fearmongering, and there is no official data on dog breeds and dog attacks. Anita hopes for a platform where accurate data can be recorded. Anita also believes that it is dangerous to class a dog by its type, when it is irresponsible owners that need to be targeted. She believes that the Calgary model is a good example that the Government should take into consideration when looking into responsible ownership. When asked about muzzles, Anita explained that responsible owners will comply and use them, but there will be owners who will not, and they need to be tackled.

Glyn Saville, a petitioner against the XL bully ban, who is here today, says that the number of XL bullies is in excess of 90,000 and that implementing the ban will therefore be very difficult. He also says that these dogs are not bred to be aggressive to humans—although some people may disagree—and that if a ban is brought into effect, families living in social housing will be at real risk of losing their pets if they wish to stay there, as landlords can refuse exempted dogs. Another petitioner, who has called for muzzles not to be part of the ban, said that her dog can now not defend itself and that it has being attacked by other dogs, since having to wear a muzzle.

Emma, whose son, Jack, was brutally killed by an XL bully dog two years ago, is my constituent. Emma is of the opinion that, whatever happens with regards to a ban on XL bullies—the hon. Member has touched upon the enormous difficulties and complications—it is vital that we place the emphasis on tackling the whole issue of dangerous dogs. A one-off action by the Government is not enough; it can never be enough. We need a thorough, wholesale examination of dog breeding and dog training practices, and we need to look at the specific question of responsible ownership. All of those issues have to be considered so that our society is truly safer.

I will be coming to many of the points that the hon. Member raises. Hopefully, the Minister can shed some light on them, too.

Both the BVA, when I spoke to its representatives at the London Vet Show, and my hon. Friend the Member for Penrith and The Border (Dr Hudson) raised the fact that most fatalities have occurred in people’s houses, rather than when a dog has been out. Obviously, in the house, dogs are not muzzled or on a short lead. They also asked that the Dangerous Dog Act be reviewed and highlighted that section 3 of the Act gives scope for something to be done about controlling dogs. I often say that it is not always new legislation but enforcement of existing legislation that is needed. That also needs to be looked at.

The Royal Society for the Prevention of Cruelty to Animals explained that it wants the Government to slow down the pace of the ban coming into force, mainly because of its implications and consequences. It also raised the fact that it is becoming incredibly difficult to ensure that everyone who owns an XL bully can do what they need to do before the deadline in order to keep their dog. The RSPCA mentioned that it is seeing abandonment and relinquishment of these types of due due to unexpected costs before Christmas.The BVA highlighted that the window for neutering should be extended for another six months for dogs under seven months old, as neutering has an impact on their growth. The RSPCA suggested that there be a campaign on responsible dog ownership but also suggested that stakeholders be brought together to see what dog legislation may look like in the next five years.

In addition to my research, The Mirror is supporting the proposed Jack Lis law, which calls for a different approach to dog legislation that will include all dogs and focus on the breeding, training and sale of dogs.

There is much interest in this topic, and rightly so. I do not think that anyone who signed these petitions should be vilified. Many people understand that something needs to be done, but when experts agree that there are problems, the Government should listen. We have to stop these incidents occurring, that is for sure. If we are to ban the XL bully, the timeline for neutering definitely needs to be looked at, and we must really push for responsible ownership.

I am genuinely conflicted about this. I was on the EFRA Select Committee when it conducted a previous inquiry into the Dangerous Dogs Act 1991, which was rushed through and not fit for purpose. At the same time, my heart goes out to any family who has been affected by an XL bully dog killing someone, particularly a child. When we talk about responsible dog ownership and training courses or anything like that, my concern is that it will be the owners who are already responsible who take them up, and it is very difficult to spot an irresponsible owner until the dog has caused harm. Has the Committee looked at that?

The Petitions Committee has not looked at that, but I believe that the Department for Environment, Food and Rural Affairs has done. I am coming on to that in the next part of my speech.

DEFRA has had a responsible dog ownership steering group, which published a report and confirmed that the recommendations would be shared later this year. Can the Minister say when they will be shared? The Calgary model was mentioned many times during my research, so we have something that we can copy, and improve if required.

I thank the hon. Member for giving way. In the light of the concerning incidents involving dog attacks, particularly those attributed to XL bully breeds, does he agree that the Government should shed light on their plans to implement DNA sampling and to adopt the Calgary model for dog classification in order to ensure accurate identification and classification of such dogs?

I thank my hon. Friend for his contribution. We should definitely look at the Calgary model. I know that the type and breed of dogs is a contentious area, and some work needs to be done on it, but I genuinely believe that people know what type of dog they have. They know whether they have an XL bully. We need to be really careful not to let classification be used as a way of not muzzling dogs that could cause harm. That is the last thing we want.

We are an animal-loving country, but we must encourage personal responsibility when making the decision to own a pet. We must choose a dog that fits our home, our family and our lifestyle. Dog owners must ensure that they understand the costs involved and that they train their dogs correctly—and themselves, for that matter. Some say that we need to enforce chipping of dogs and have a database that accurately records all pets and any bites that have occurred, no matter how minor. We must also look at breeders to see what can be done; many breeders are good, but not all.

We must never again have to hear of another story like Emma’s. In memory of little Jack, we should work collectively to come up with the right answers for the safety of the public and of our pets—and we must do it quickly.

It is, as ever, a pleasure to serve under your chairpersonship, Dame Caroline.

This is an extremely emotive issue, and I hope people understand the views of others. What the hon. Member for Don Valley (Nick Fletcher) and my hon. Friend the Member for Caerphilly (Wayne David) said about 10-year-old Jack is enough to make anyone despair—it is very, very sad. My constituency has the highest number of individuals who signed the petition—nearly 3,000—and the constituency next to mine, Blyth Valley, has the second highest, so the House can see that views are split.

It is a fact that more people—it seems to be mainly young people—are being injured in such incidents. According to the police figures, there were 11,373 incidents between July 2021 and June 2022, and 13,940 this year. This cannot continue; it is absolutely desperate stuff. Just a few weeks ago, little Kaiden Burn, my constituent, was playing in the street when he was mauled by a dog. It was not muzzled or on a lead; it was running rampant through the street, but the thing is that it had done it before. The police were aware of it, but nothing happened, and that wonderful young lad was mauled while playing in his own street.

As I say, this is a very emotive issue. As a dog lover, I understand that people are concerned about losing a much loved, well behaved pet because a Government regulation considers all dogs with a certain look to be dangerous and bans them. There must be a recognition that each individual dog has its own temperament, personality and character. I agree with a number of the comments made by the hon. Member for Don Valley, the RSPCA and other organisations: banning dogs merely based on what they look like is not the best approach. The latest breed to be treated in this manner, which is of course why we are here today, is the American XL bully. I understand the anxiety of responsible owners of those dogs or dogs that simply look like that breed, but we must recognise that there is a problem with dangerous dogs: they have caused far too many deaths and serious injuries, and the numbers are increasing. Not all owners have had the training or have the knowledge required to own certain types of dogs.

The hon. Gentleman makes such a powerful point. I have been struck by how constructive the correspondence from both sides has been on this issue, given how emotive it is. As a mum, I find it devastating to think about children being mauled. But a constituent wrote to me and said:

“Although I do not own an XL Bully, family members and close friends own Staffordshire terriers, Labrador crosses, and other bully crosses, which have been proved by DNA not to be XL Bully’s, although, under the current guidelines, would incorrectly see them be classified as XL Bully’s.”

The issue is sending shivers up the spines of many pet owners, and it is incumbent on us to think it through very carefully.

The hon. Lady makes a positive and accurate point. My family dog—it is not mine, but my son’s—Olive, is a beautiful young puppy, but I am pleased that she has shorter legs. If she had had longer legs, I’m telling you that somebody would be saying that she was a dangerous dog. But she is one of the most wonderful animals ever. The hon. Lady makes a valid point.

Staffies—Staffordshire bull terriers—are fantastic animals. Anybody with any expertise in the dog world knows about Staffordshire bull terriers. There will be the odd bad one in any breed, by the way: there can be bad labradors and bad retrievers. But what is being said is that we need to look at dangerous dogs, not just XL bullies. I am wondering: who is going to police this? Who is going to be knocking on the doors with a tape measure? As has been mentioned, a lot of families are concerned that their dogs might be classified because they look like something. They might lose a loving pet—it is not right.

I urge the Minister to think about two main points. We have to ensure that people follow Government legislation and what has been put out there. It is essential that they do that. The Government have to pause and review this entire legislation and come forward with amendments to the Dangerous Dogs Act, not just focus solely on one potential breed that might be considered to look like something that it might not be. It is absolutely crazy. At the same time, please do not think that I do not want any legislation. I want to ensure that not a single person is mauled again by any dogs, anywhere in this country. I would support whatever we can do to do that properly—properly, man.

Another real point is the fear of dumping before the 31 December deadline. A huge issue is that people will dump these dogs, whether that is because they cannot afford it or they do not understand the legislation. We then have the issue that, if the dogs are put into an animal rescue centre after the 31 December, they cannot be removed—so the rescue centres could be inundated with dogs.

My hon. Friend has made a number of very good points indeed. Does he share my concern about the Government’s introduction of a ban on XL bullies? Many of the illegal breeders are quite unscrupulous individuals, as he has mentioned; if action is not taken against them, they will simply move on and create another kind of dog. As he says, the XL bully is not a distinct breed but an amalgamation of other breeds. The same thing might happen with another kind of dog if action is not taken against those illegal breeders.

Absolutely, that is so true. One of my final points is about unscrupulous owners and breeders. As I mentioned before, the breeders are crossbreeding these dogs with different types and what for? A lot of these owners love the fact that they can walk around with the XL bully and say, “Look at me—I’m big and I’m tough. I’ve got this dog, and I’ll set it on you.” But the vast majority of owners are responsible and they love their dogs. That is the huge issue in this debate today.

My final point is basically focused at the Minister. The letter from 31 October mentions that if an owner wants to put their dog down, the Government will give them £200 to do so. What about the people who are struggling, who have a dog, and who are looking after the dog very well? They might not be able to afford the insurance or the licence—the £92. What about the Government considering some sort of financial support to regulate and regularise good, honest owners and good, honest breeders?

It is a pleasure to speak under your chairmanship, Dame Caroline. As the Secretary of State who introduced this legislation—in fact, it was my last act in Government—I thought it appropriate to contribute to today’s debate.

The debate surrounding the ban on XL bully dogs under the Dangerous Dogs Act 1991 is itself a complex issue that evokes strong emotions. I understand that very much, and the approach taken was carefully considered. I was also aware before your earlier ruling, Dame Caroline, that there are potential legal challenges against the Government, so I need to be measured and not reveal all the information that we considered during this time.

I have had three rescue dogs, and my mother and sister have another rescue dog at the moment. There is no doubt that an adorable pet brings a lot to people’s lives and hearts. I am also very conscious of the challenges faced by those people who have suffered from dog attacks, whether it be against their children, themselves, or indeed their own pets. They obviously can be very distressed by that.

In reality, there was no knee-jerk reaction; there were simply too many attacks happening, and the proportion of attacks by XL bully-type dogs was considerably higher than others. Yes, I am sure we have all read about how other dogs—whether a collie, Jack Russell or potentially a rottweiler—have also been involved in many attacks. The issue is about the proportion and seriousness of the attacks, and indeed about how they can be stopped—that is pretty difficult. It is about the fatalities as well.

The hon. Member for Wansbeck (Ian Lavery) talked about how we define a breed, and some of the point is that this breed is not defined. I pay tribute to the chief veterinary officer and the many officials who have been involved extensively in this sensitive matter, working with animal welfare experts and experts from the police and, indeed, local councils, who will have to undertake a lot of this work. I want to assure the House that a lot of care has been taken over this approach, and that is also why a lot of this will be through guidance and there will be individual decisions.