Microchipping of Dogs (England) (Amendment) Regulations 2022

Considered in Grand Committee

Moved by

That the Grand Committee do consider the Microchipping of Dogs (England) (Amendment) Regulations 2022.

My Lords, the purpose of this short and simple instrument is to extend the sunset clause contained in the Microchipping of Dogs (England) Regulations 2015 by two years, until 23 February 2024. Without this instrument, the 2015 regulations will cease to have effect as of 24 February this year. This extension will enable the 2015 regulations to remain in force until we introduce a new set of regulations later this year.

The primary policy objective of the 2015 regulations is to improve animal welfare by increasing the traceability of dogs. This facilitates lost dogs being quickly reunited with their keepers. The 2015 regulations made it compulsory for dogs in England over eight weeks of age to be microchipped, unless exempted by a veterinary surgeon. The dog’s details must also be registered on a compliant database. The regulations set out the requirements which these databases must adhere to, as well as setting standards relating both to the microchips and to microchip implanters. Finally, the regulations give enforcement powers to local authorities and the police.

Under Regulation 18 of the 2015 regulations, the Government must review the regulations within five years of them coming into force. I must apologise to your Lordships that due to pressures within the department created first by EU exit and then by the pandemic, this review was published only in December last year, alongside a Defra-commissioned research report from Nottingham University which informed the review.

The review clearly demonstrates that dog microchipping has had a positive effect on reunification rates of stray dogs with their keepers. Before the intention to introduce compulsory dog microchipping was first announced in 2012, around 70% of dogs were microchipped. In 2021, that number was close to 90%.

The Nottingham University research showed that compulsory microchipping has contributed to a reduction in the number of stray dogs taken in by local authorities. This in turn has led to more of those stray dogs being reunited with their keepers. Battersea Dogs and Cats Home reported last year that stray dogs that are microchipped and have up-to-date microchip records are more than twice as likely to be reunited with their keepers than stray dogs without a microchip.

The review concluded that the current legislation is seen as an important and necessary means to achieve improvements in dog welfare by increasing the traceability of dogs and their keepers. The review, however, also highlighted areas where improvements to the micro- chipping regime would be beneficial. In particular, improvements could be made to the operation of the database system, a point raised by the Pet Theft Taskforce, which published its report last September.

Since the 2015 regulations came into force, there has been an increase in the number of databases that hold dog microchip records. These databases offer a range of services and provide choice for dog owners, but key users, such as local authorities and vets, have expressed concerns that this has made it more difficult and time-consuming to find the keeper details linked to a dog’s microchip number. In addition, to help combat pet theft we want to strengthen processes of updating a microchip record when a dog moves to a new keeper.

My Lords, I thank my noble friend for introducing the regulations extending the current regime and for highlighting what is to follow. He will be aware of the work that we did when I chaired the EFRA Committee, and I am delighted to see that that work has brought good effect. I also welcome the fact that the microchipping will be extended to cats, which implements the manifesto pledge to all cat owners and dog owners. It is very good news indeed.

I still believe that one of the best means of ensuring that prospective owners can ensure the safe birth of their puppies is for the bitch to be present at the point of sale, and I understood from our noble friend Lord Goldsmith that that is indeed the case. That, too, is very welcome. Undoubtedly, the regulations before us today, and the future regulations, have improved the animal welfare of the dogs that went missing and, as my noble friend has highlighted, have expedited the time when those dogs are reunited with their owners.

More specifically, will my noble friend tell us the timetable for the review, and not only when the regulations will come before the House but when they will take effect? I assume from his comments that the regulations that will replace the regulations before us today will take effect from the end of this year.

I record my thanks to the Battersea Dogs & Cats Home, which shared the briefing with me about the regulations, and I would like to raise some of the issues that arise from that briefing.

My noble friend referred to the databases. My understanding is that currently there are only minimum requirements for a database to be compliant. There is nothing clear or obvious to a consumer that it is compliant or not compliant, and I believe that the consultation announced by my noble friend today to be held this year would provide the opportunity for that to be revisited. Would my noble friend and the department consider enhancing stipulations about database companies, making it a requirement for them to implement more systematically the process of information checking and updating to ensure the accuracy of their records? My noble friend said that compliance with microchipping is at 90%, which is very welcome if that figure is correct. When microchipping was first introduced, my understanding was that it was at 50%, so we have come a long way since then and it would be nice to think that we could close the gap on the remaining 10%.

Can my noble friend take the opportunity of the consultation to address the issue of non-compliant databases operating and appearing prominently on search engines? There are currently limited enforcement mechanisms to ensure that only compliant databases can offer services to the public. There is potential for improving the way that non-compliance is dealt with to provide the public with certainty when using a database, for example, an accreditation that databases are required to show indicating that they are compliant.

Can my noble friend further consider a legal duty on implanters to register microchips that they have implanted on to a compliant database? Equally, can he consider imposing a legal duty on puppies’ first keepers, the owner of the bitch—if you will pardon the expression—that gave birth to the puppy, to update the database with the new keeper’s details when the keeper changes?

Dogs with foreign microchips present a particular problem for disease management, especially if the keeper cannot be traced or the chip originates from a country where rabies is endemic. If an animal’s chip details were recorded on the database at the point of entry into the UK, then the length of time that it had been in the UK would be known. This would remove the need to quarantine and blood-test some of the dogs with foreign chips which come into rescue centres such as Battersea or veterinary practices, thereby reducing costs for these organisations when dealing with such animals. If my noble friend could respond either today or in writing to those concerns, I would be very grateful.

My noble friend suggested that the consultation exercise will be carried out this year on the regulations due to come into effect and that these regulations will remain in force beyond 24 February 2022 for a two-year period. Is my understanding correct that the new regulations will not take effect until then?

With those few remarks, I am delighted to welcome these regulations, but I hope that my noble friend will take the opportunity to address some of the concerns of these and the future regulations that he referred to.

My Lords, I thank the Minister for his excellent introduction and his articulation of the very positive effects of compulsory dog microchipping, which I congratulate the Government for introducing in 2015. Those regulations are very well supported by the animal welfare charities, the veterinary profession and me, but as the Minister has said, there are issues and shortcomings regarding the current regulations. It is good news that the Government are considering revising those regulations and that this extension is simply a stopgap, which I support. I want to consider some of the issues, problems and deficits in the current regulations, to which the Minister and the noble Baroness, Lady McIntosh, have responded, but I welcome the Minister’s assurance that new regulations will be brought before the House this year.

I want to discuss three current issues that have been referred to already. First, on the issue of compliance and enforcement, 74% of stray dogs handled by local authorities in Great Britain cannot be easily and simply reunited with their keeper because either there is not a microchip or the data recorded in the database is incorrect, yet failure to microchip or to keep that information correct is an offence under the current regulations. In fact, we have no idea of the proportion of dogs that are microchipped and for which the details are kept up to date. Will Her Majesty’s Government consider giving local authorities the legal duty and the resource to enforce this and many other animal welfare legislative instruments? As has been stated by the noble Baroness, Lady McIntosh, currently there is no official body with the legal obligation to do such enforcement.

I respectfully suggest that there is little point in us introducing new or improving existing animal welfare legislation unless and until we address the problem of the inadequate enforcement of the current legislation.

The second issue, which has been mentioned, is the number of databases. Currently, 17 databases can be chosen to record information from a microchip, which creates considerable problems, as have been referred to, for those seeking to identify a given dog, including my fellow veterinary surgeons and others who should be interrogating dogs’ microchip information. The requirements for the databases are laid out in Regulation 6 of the current 2015 regulations, but are we confident that adequate checks are being made to ensure that those requirements are met?

My Lords, I thank the Minister for his introduction and for his time, and that of his officials, in providing a briefing for this statutory instrument. The microchipping of dogs, which was introduced in 2015, has made a tremendous difference to the owners of the dogs and to the dogs themselves. The safety and traceability of dogs are made easier by this process. Dogs are often lost or stolen but are reunited with their owners through the information stored on the microchip, and reducing the number of stray dogs is to be welcomed.

The sunset clause on this regulation terminates on 24 February this year. I note that the Government conducted a consultation on extending this clause, the results of which were due to be published in December 2021. Presumably this has happened. Given the instrument expires in February, the consultation was somewhat late taking place.

A second targeted consultation, to 36 stakeholders, took place in November 2021. Just over half responded. Given the level of support from those responding, I am surprised that the Government have not removed the sunset clause altogether, instead of extending it by two years. However, I understand the need to take this opportunity to rectify the anomalies in data collection and to include the compulsory microchipping of cats in future microchipping legislation. Can the Minister say what the database issues are and whether they will all be addressed in the new regulations?

Nottingham University undertook a lengthy report on the post-implementation review of the 2015 legislation, but unfortunately, probably due to my own incompetence, I could find no reference to this when I searched on the internet. Can the Minister say whether this report has been published and, if not, whether it is likely to be? Is this likely to be before the next consultation, which, according to the Explanatory Memorandum, is likely to cover areas for improvement in the existing regulations?

My Lords, I thank the Minister for his introduction and for the helpful briefing he organised. On the face of it, this seems a straightforward proposal, and we certainly do not want to see the sunset clause come into force on 24 February as a result of our inaction, so we clearly support this regulation.

The question arises as to why a sunset clause was added in the first place. I have been covering this department for so long that I probably contributed to the original decision back in 2015, although I do not remember the arguments put forward at that time. But we are where we are. Of course, as the Minister said, the first report on the implementation of microchipping was due to be held within five years. I appreciate his recognition that there has been a delay, which has caused this SI to be necessary, and his apology.

I am grateful to the departmental official Craig Lee for sending me a copy of the review into the legislation. I got round to requesting it slightly before the noble Baroness, Lady Bakewell, had a chance to do so. It was very interesting reading, as was the report from Nottingham University that underpinned it. I was pleased to see that microchipping had achieved the desired outcomes of improving animal welfare through the increased traceability of owners and reducing the number of stray dogs.

However, the review also identifies some challenging issues, which have been echoed by noble Lords today. There is, for example—I do not know whether anybody would have foreseen this—the new plethora of microchip database companies that have sprung up. As we have heard, this has made ownership tracing more complex. Like other noble Lords, I think it would be helpful if the Minister could shed a little light on how the Government intend to deal with this. By any stretch of the imagination, having 17 databases seems impractical when trying to monitor and keep up with the ownership of individual animals.

The review also identified the failure of many breeders to microchip their puppies. Will that be made more emphatic in the new regulations, so that before they are sold on the place of their ownership and birth, and so on, is recorded and a proper history is kept of the animals? It identified the failure of owners to keep their contact details on the database up to date. Again, there need to be more incentives to make sure that that happens. Even if owners are responsible, sometimes, when they move house, one of the last things they think of doing is providing the database with their latest address, but there needs to be some way to ensure that that is enforced.

The noble Lord, Lord Trees, illustrated very well the problems of local authorities not overseeing compliance effectively. That is a point well made, and I would like to be reassured that the new regulations will address that. The noble Baroness, Lady Bakewell, referred to taking in a stray dog and being able to trace its history. That was a very good example of how it can work well. That is really what we want to achieve for all dogs in future, so that there is a proper case history of the animal’s birth and well-being.

I am sure that sensible solutions to these challenges can be found, and I look forward to seeing the revised regulations later this year, which I hope will provide a comprehensive update of the scheme to ensure that microchipping reaches its full potential. I am also pleased to see that cat microchipping is now being recommended.