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Scottish Parliament takes lead on dogs legislation
5th May 2010
CWU welcomes news that the Scottish Parliament has unanimously
passed new dangerous dogs legislation that will give police,
Councils and Courts greater powers to impose penalties on the
owners of dangerous dogs, including introducing new, so-called dog
'ASBOs'.
Control of Dogs (Scotland) Bill passed its third stage in the Scottish Parliament at the end of April and now looks set to become law north of the border. The Bill - which was sponsored by South of Scotland MSP Christine Grahame - gives local authorities the power to serve dog control orders - or "dog ASBOs" - and holds owners fully, legally accountable for the actions of their dogs - even in their own homes. These were key issues raised by CWU through the 'Bite-Back' campaign.
Welcoming the new legislation, Dave Joyce CWU National Health, Safety and Environment Officer said: "This is a fantastic step forward in our 'Bite-Back' campaign against ineffective dangerous dogs legislation and we are grateful to Scottish MSPs for enshrining these important changes into law. We now need the rest of the UK to follow the Scottish lead.
"The key message is that any dog can show aggression, particularly if it is not handled and trained properly, so legislation that provides the tools to target irresponsible ownership before it becomes a problem is very welcome. The legislation aims to modernise the existing "piecemeal" rules and regulations on dogs and therefore this is a very worthwhile Bill. It gives local authorities and the police the legislative tools to deal with the growing problem of out-of-control dogs and attacks by dangerous dogs in private places.
"The Law also adds another important dimension to the new Scottish dog control system, that being the "preventative regime" of Dog Control Notices."
New law closes loopholes
The CWU is celebrating a victory for the principle of the law applying everywhere in Scotland and a law concentrating on the 'deed not breed' in the control of dangerous or out of control dogs.
This new Act importantly places the onus on the owners, not the dogs, to ensure they are properly controlled. There is a very large gap in the UK Dangerous Dogs Act 1991 where there is a lack of protection against attacks on private property. This means that postmen and women, or any worker visiting the dog's home, can be attacked without criminal charges being brought against the owner. This new law closes this loophole.
The Scottish Bill also introduces new 'proactive' preventative measure in the form of new "Dog Control Notices" (DCNs). If a troublesome, menacing or unruly dog comers to notice, the owner can be served with a DCN by the local authority Dog Warden. The DCN can stipulate a number of conditions that must be complied with by the owner and could include the owner being compelled to keep their pet on a lead at all times, keep it muzzled, keep it away from public places e.g. parks, have it neutered or attend special training courses. Owners who fail to comply with Dog Control Notices could be or face a fine of up to £1,000 and have their Dog seized and destroyed.
Extensive lobbying
Dave Joyce has been lobbying members of the Scottish Parliament to support the Control of Dogs (Scotland) Bill since it was introduced as a Member's Bill by Alex Neil MSP and continued by Christine Grahame MSP. Ahead of the final Stage 3 debate the CWU had lobbied all Scottish MSPs and all political parties requesting their support for the new law.
Last year Dave finally secured the support of the Scottish Government for the Bill following representations to Scottish First Minister Alex Salmon and Justice Minister Kenny MacAskill. The Bill was passed unanimously on 23 April and was backed by MSPs from all political parties sitting in the parliament. The Control of Dogs (Scotland) Act is due to receive Royal Assent by 21st May and will take effect nine months from then in February 2011.
Dave added: "The CWU is obviously delighted that the Scottish Parliament has signed up to the principle of deed not breed. A dog's behaviour is largely the result of the rearing and training provided by the owner. The problems caused by dangerous dogs will never be solved until dog owners are made fully accountable and appreciate that they are responsible for the actions of their animals.
"The CWU campaign goes on. Progress is being made in Northern Ireland as well as England and Wales. We will continue to support all efforts to promote responsible ownership and is working with organisations promoting that aspiration such as the Police, Dog Wardens Association, Dogs Trust and RSPCA."
Government consultation
The CWU's "Bite-Back" campaign across the UK has, after two years of campaigning, also resulted in the Northern Ireland Government agreeing to change the law and a Public Consultation has just been completed in the first stages of the process. And at Westminster, there has been a crucial breakthrough following Sheffield MP Angela Smith's Ten Minute Rule Bill on the subject last summer, which led to the CWU and others involved in the campaign being invited to high-level talks with government ministers, who announced a formal consultation on dangerous dog laws early this spring.
From now until June 1, the Department for the Environment, Food and Rural Affairs (DEFRA) is seeking views from individuals and organisations on whether current legislation "adequately protects the public and encourages responsible dog ownership."
Around 6,000 postal workers are attacked by dogs every year in the UK whilst delivering the mail. Many require hospital treatment and many receive serious injuries. Two postal workers (one in 2007 and one in 2008) were nearly killed in savage attacks.
For more information on the CWU Bite Back campaign visit: www.cwu.org/dangerous-dogs-bite-back.html
