Dear Constituent,
Thank you for your email.
I would like to assure you that my ministerial colleagues and I take this disturbing rise in dog attacks very seriously and are exploring measures to reduce dog attacks and promote responsible ownership. The Government has worked with animal welfare partners, the police and local authorities to promote safer interactions between children and dogs. The Canine and Feline Sector Group #DogSafetyCode reminds all the public to “be alert, be aware and be safe”.
The code of practice for the welfare of dogs provides guidance to owners about handling their dogs responsibly to prevent the occurrence of attacks or chasing. It sets out how dogs need to be trained and introduced gradually and positively to different environments, people and animals. It is important that the police and the courts are able to employ a range of measures to limit the risks to public safety. Community Protection Notices (CPNs) can be served by police and local authorities on dog owners whose dogs are behaving aggressively and can require them to take appropriate action to prevent a reoccurrence of the offending behaviour. Breaching of a CPN is also a criminal offence, leading to a maximum penalty of £2,500.
I recognise the strength of feeling regarding the existing provisions around dog breeds in the Dangerous Dogs Act 1991. However, I also know that any changes to current legislation would require careful consideration to ensure that public safety remains at the heart of the regime. I am aware that simply repealing the breed specific provisions contained in the Dangerous Dogs Act with no other changes may increase the risks to public safety. The Government firmly believes that these restrictions play an important part in tackling dangerous dogs.
Despite the general prohibitions on these types of dogs, there are exemptions in place to allow individual prohibited dogs to be kept by their owners if a court judges that the dog is not a danger to the public safety. The court must consider the temperament of the dog and its past behaviour, whether the proposed owner is a fit and proper person, and may consider any other relevant circumstances, such as whether the dog can be kept in a suitable environment. If the court considers these criteria to be met, the dog can be listed on the Index of Exempted Dogs and must be kept under strict conditions, including being on a lead and muzzled in public.
Regarding the rehoming of exempted dogs, I understand that current legislation only permits transfer of keepership of prohibited dogs where the existing keeper has died or is seriously ill. However, case law has confirmed that a person with a pre-existing relationship with the dog may apply to place it on the Index, even if they are not the owner or most recent keeper.
Under the Dangerous Dogs Act, it is an offence to allow any dog to be out of control in any place. Furthermore, the Dogs Act 1871 allows a complaint to be made to a Magistrates’ Court by any individual, the police, or local authorities where dogs are dangerous and not kept under proper control. The court may make any order it considers appropriate to require owners to keep their dogs under proper control.
In December 2021, the Department for Environment, Food and Rural Affairs (Defra) published research in collaboration with Middlesex University, investigating measures to reduce dog attacks and promote responsible dog ownership across all breeds of dog. The report made recommendations relating to improved data recording and collection, consistency in enforcement practice, the quality of dog training and dog awareness courses, and improved awareness of appropriate behaviour around dogs.
While the Government does not have any current plans to ban the sale or breeding of American bully XL dogs, I know that DEFRA established an expert Responsible Dog Ownership working group with the police, local authorities and animal welfare experts to identify additional measures to reduce dog attacks and promote responsible dog ownership across all dog breeds. I look forward to reading more about the group’s recommendations in due course.
In terms of sentencing provisions for owners of dangerous dogs which kill, I was successful in persuading the Government to accept an amendment to legislation which I proposed a few years ago, which strengthens the prison sentence so that owners of dangerous dogs which kill are now liable to imprisonment for up to 14 years, whereas the maximum sentence before that was two years.
Thank you again for taking the time to contact me.
Sincerely,
