Microchipping of Cats and Dogs (England) Regulations 2023

Considered in Grand Committee

Moved by

That the Grand Committee do consider the Microchipping of Cats and Dogs (England) Regulations 2023.

My Lords, the purpose of this instrument is to introduce compulsory cat microchipping in England, delivering one of the Government’s key manifesto pledges. This measure was supported by 99% of respondents to our public consultation, which received over 33,000 responses.

Microchipping improves animal welfare by increasing the traceability of pets, making it easier for lost, stray or stolen pets to be reunited with their keepers and returned home safely. Microchipping is a safe procedure involving the insertion of a chip, generally about the size of a grain of rice, under the skin of a pet. Once the microchip has been inserted, contact details are registered with a compliant database. The regulations also include provisions that relate to ensuring that microchips are inserted by competent people.

Since the Government introduced compulsory dog microchipping in England in 2016, around 90% of dogs are now microchipped. Evidence suggests that stray dogs that are microchipped and have up-to-date microchip records are more than twice as likely to be reunited with their keeper than stray dogs without a microchip.

There are over 9 million owned cats in England, but as many as 2.3 million are currently not microchipped. These measures are intended to address this. From 10 June 2024, any owned cat over the age of 20 weeks must be microchipped and the keeper’s contact details registered on a compliant database. There is an exception to this, where a vet certifies that the procedure should not be carried out for animal health reasons. However, I reassure your Lordships that this exception is rarely used. These requirements apply only to owned cats; they do not apply to free-living cats that live with little or no human interaction or dependency, such as farm, feral or community cats.

As with the existing requirements for dogs, keepers found not to have microchipped their cat may be served with a notice by the enforcement body, which will usually be the local authority. If they do not comply, they may face a fine of up to £500, and the enforcement body may also arrange for the cat to be microchipped at the keeper’s expense.

This instrument also repeals and replaces the Microchipping of Dogs (England) Regulations 2015, bringing all the measures into a new single instrument covering both dogs and cats. There are no substantive changes to the existing provisions covering the requirement to have your dog microchipped, although we have taken the opportunity to make technical drafting changes where we considered the existing text would benefit from further clarity. Animal welfare is a devolved issue and therefore these regulations apply to England only.

Noble Lords may be aware that, last year, the Government also consulted on wider pet microchipping reform designed to improve the operation of the existing regime. This includes plans to: make it easier for approved users to access microchip records; improve the accuracy of the records; and standardise database operator processes. We will be issuing our response to this consultation shortly. However, I can reassure noble Lords that we are planning to come forward with amending regulations in due course to implement these improvements. I beg to move.

My Lords, I welcome these regulations. I was chair of the Environment, Food and Rural Affairs Committee in the other place and, as my noble friend will recall, we took great interest in this.

My view is that this measure will be successful only if it is properly enforced. Given that that the penalties will, I presume, be similar to those imposed for a breach of the obligation to microchip dogs, how many fines have been imposed for failure to comply with the obligation to microchip dogs? Does my noble friend share my frustration that we are still 10% short of the magic 100% figure for dogs? It is hoped that the obligation to microchip cats will bring it up to that level. Is that the Government’s ambition, or are they aiming even higher than that?

At the moment, there is the vexed issue of dangerous dogs doing damage. Often, they attack a person in a public place. I assume that these dogs will be microchipped. To what extent does my noble friend think that the Government’s current obligation to microchip dogs is successful in identifying and tracing dogs that commit a grievous injury or fatality in a public place?

On the exemption, I presume that there will be potential for a feral cat to cross over and commit an injury such as biting or scratching a perfectly innocent bystander, which we know can have very significant effects. Obviously, they have no owner, so what happens in that situation, in terms of identifying the feral cat and bringing it to justice, as it were?

My final question is about the continuous issue of what I think are called boiler-house dogs: the breeding of multiple pups which, when they are not sold, are unlikely to be microchipped. For the sake of completeness, what is the Government’s policy in that regard? I understand from press reports that these dogs are literally dumped on the streets and taken in by cats and dogs homes, such as Battersea Dogs & Cats Home, for whose work we are grateful. Is that occurring more than it was before and is there a similar problem with cats and kittens?

My Lords, I draw attention to my interests as declared in the register and as co-chair of the All-Party Parliamentary Group for Animal Welfare and as a veterinary surgeon.

I very much welcome this statutory instrument and the inclusion of cats. I also welcome the fact that there is no legal requirement in these regulations that vets must scan a dog prior to euthanasia. This matter has been of some considerable public interest, but the Government deserve credit for recognising that not only the veterinary profession but many of the dog and cat bodies—such as Cats Protection, Battersea Dogs & Cats Home, Dogs Trust, PDSA and others—have similarly opposed a legal requirement to scan prior to euthanasia. All these bodies have advocated that that should be a matter for professional codes of practice. Indeed, the Royal College of Veterinary Surgeons has done so and has incorporated in its code of practice appropriate advice but ultimately gives veterinary surgeons powers to use their discretion. The reason is that a legal requirement could adversely affect animal welfare. In certain circumstances, it could deter individuals from bringing sick or injured animals to a veterinary surgeon if they thought the veterinary surgeons were essentially policing this microchipping requirement. That would be adverse for animal welfare.

One regret I have, which I think I share with many in our profession and many who are required to scan animals, is that there has been no attempt to reduce or limit the number of databases holding microchip information. I understand that currently, there are 22 different databases for dogs, which are fulfilling the Government’s current requirements to hold data. That creates an unnecessary and excessive burden, both on those required to put in chips and record the information and on those who need to recover the information from scanning. However, I note that there are now two portals to assist one in determining which database contains the relevant information for any particular animal. One is run by the Kennel Club and one by AVID, a manufacturer of microchips, but these are private initiatives. One hopes that they are maintained to facilitate the examination and identification of microchips.

My Lords, I welcome this long-overdue statutory instrument. I am grateful to my noble friend Lord Benyon for introducing it. I have one specific question for him, to which I really do not know the answer. Why has he chosen 20 weeks for a cat under Regulation 3(2)(a)? A cat must be older than 20 weeks, whereas a dog must be older than eight weeks. Why is there a difference?

We do not often talk about cats—it is a long time since we have had a debate on them. I am a great admirer of those lovely animals, because there is no better animal for putting a human being back in their place than a cat. However, as I have spoken about before, I am concerned by the damage they can do to wildlife in gardens, particularly birds. That problem has been exacerbated by avian flu and by humans in the way we feed birds. Research has shown that a lot of small garden birds are catching disease because, through our very best intentions, we put out a feeder and fill it up weekly but do not clean the feeder, which is what is spreading the disease to birds. Therefore, birds will be weaker and easier for cats to catch. A responsible owner will of course put a bell on their cat; excellent research has been done on this by SongBird Survival and the University of Exeter. Can my noble friend comment on whether the department is taking any more action on this or encouraging us humans to behave better? It is quite easy with domesticated cats; feral cats are a different problem. Is my noble friend taking a different attitude towards them?

My Lords, I too very much welcome this instrument, which is long overdue. I was quite shocked when I looked up the figures for how pet theft has rocketed: in my part of the world, south-west London, Metropolitan Police figures show that between 2016 and 2021 dog theft went up by 81% while cat theft went up by 325%, which I found extraordinary. Someone must be making quite a lot of money out of this.

I welcome most of the recommendations, which are very good, but I am concerned that the Government’s review of dog microchipping found quite a few areas that needed to be addressed, which I wonder if the Minister will respond to. One is the fact that the database system is so complicated, particularly for vets. When they have a life-or-death situation where an injured animal is brought in, sometimes it is very difficult for them to contact the owner and they have to go to multiple places to find this out.

Owners also need to be made much more aware that it is not a question of just microchipping their cat or dog; they then have to update the information. The number of owners who think that, once they have microchipped the animal, they do not need to do anything else is amazing. There are huge numbers of cats and dogs and other animals that have been microchipped whose owners’ information is about 10 years out of date, because they have moved house or changed their telephone number, and there is no way of getting hold of them.

In the USA, they have an annual Check the Chip Day, which sounds like a good idea. An even better idea, in Australia, is that you have your cat or dog chipped and then get an email reminder. It is very simple for one of the microchip companies just to email everyone on their database once a year just to remind them to update their details; I would have thought that that would be a good idea.

Enforcement needs to be more effective—a point that has been made by all the charities. It is unlikely that, if somebody does not microchip their cat, it is going to be enforced. If it is, the chances of them being fined are, I think, quite slim. Maybe the Minister could reassure us on that. I am also concerned that, although £25 does not sound like a lot of money, for some elderly people, particularly in a single household, who are living on the state pension, finding £25 to microchip their cat might be quite difficult, and the cat might be the only companion they have. Could there be a discount for that group of people?

Finally, could the Minister give us an assurance that this will actually take place—that from 10 June it will happen—because a lot of the provisions agreed in SIs are not always immediately implemented?

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.

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.

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.

The noble Baroness, Lady Doocey, raised a point about informing the public of their responsibilities for microchipping. Our recent consultation on dog and cat microchipping in England sought views on making it a requirement on microchip database operators to send cat and dog keepers regular reminders to review their records. I am interested by what she says is happening in the United States and Australia, and we are open to all suggestions.

A number of noble Lords raised the issue of cost. The average cost of microchipping a cat and registering with a database is around £25. Although that is affordable for most people, I entirely understand that there are some people for whom it is a considerable burden. We have provided a transition period to allow owners to meet the necessary requirements: they will have until 10 June 2024 to microchip their cat. As my noble friend Lord Black suggested, from this summer Cats Protection will be offering a subsidised cat microchipping and neutering service for people on low incomes in England—£10 covering both procedures—which will apply to older people on receipt of pension credit or otherwise on low incomes. We pay tribute to Cats Protection for doing this. Other animal charities may also offer free microchipping initiatives from time to time, and any cat adopted from a reputable charity has already been microchipped before it is rehomed.

In 2021, we worked closely with the veterinary profession to find an approach that works for all parties by incorporating the principle of scanning before euthanasia into the guidance that underpins the Code of Professional Conduct for Veterinary Surgeons. The code, which is owned by the Royal College of Veterinary Surgeons, applies to all veterinary surgeons practising in the UK. It requires veterinary surgeons to scan for a microchip in dogs prior to euthanasia, where, in their professional judgment, it is not necessary to put the dog down on animal health or welfare grounds.

The point made by my noble friend Lord Black about the kept animals Bill is very relevant. The Bill was introduced as a carry-over Bill last May. Both this parliamentary Session and the last have been extremely busy, and unforeseen global events, such as pandemics and wars, have resulted in legislation which has squeezed the programme. However, we recognise the importance of this piece of legislation; it is a desired across a number of different sectors of the community, and we support the measures in it.