Political Progress
The CWU has lobbied tirelessly for changes to the law, taking our members' case to MPs, members of the devolved assemblies of Scotland, Wales, Northern Ireland and London and to local councillors right across the UK.
"As we've made our case, individual MPs have given
us backing and so have the devolved assemblies," Dave Joyce,
CWU Health and Safety Officer explains. "In some respects,
it's been the strong support from the devolved assemblies that
has driven the government to recognise this as a major issue,"
he added.
A further boost to the union's campaign came when, in response to a letter on the issue from Dave Joyce during last year's general election, David Cameron wrote that he would "support extending dangerous dogs law to cover all places including private property." Read David Cameron's pledge. CWU also received a letter from Nick Clegg.
Read Coalition government backs dangerous dogs reform for more detailed information on David Cameron's commitment to dog law reform.
"And, with the wider issue of dangerous dogs in society as a whole becoming a major part of the political agenda, an impressive coalition of organisations have now joined us in calling for changes to the law," explains Dave. The RSPCA, Police Federation, Canine Defence League, Dogs Trust, trade unions including Unison and many other voluntary and welfare organisations all back the call for changes to the law.
Westminster:
In 2010, the Labour Government set up a formal consultation
into the Dangerous Dogs Act 1991, to which the CWU and many other
organisations and individuals contributed
submissions outlining the reforms that are needed.
The consultation - run by the government's Department for
the Environment, Food and Rural Affairs (Defra) - concluded last
autumn and its initial results indicated that 97 per cent of
respondents backed the CWU's call for the "private
property loophole" to be closed.
Defra announced last December that, following the results of its consultation, it would be announcing its recommendations - which are expected to include suggestions to reform the law - early in 2011. This is still yet to appear. An Adjournment Debate held on 6th July helped to push the urgency of the issue forward but it remains unclear as to what the government will do.
In April 2012, much to the disappointment and frustration of the CWU and its members, Defra announced a further consultation. Commenting, Billy Hayes, CWU general secretary, said: "We were hoping that all the fanfare around the dangerous dogs announcement would mean that positive action was on the way. Instead all we're getting is yet another consultation. It's about time the law bit back to protect innocent dog attack victims."
For the latest read Another dogs law delay, says CWU, 23rd April 2012.
Wales
On 8th February 2012 the Welsh Assembly held a debate on the issue of dangerous dogs referencing the CWU Bite Back campaign. The debate was lead by Julie Morgan, Assembly Member for Cardiff North. The Assembly agreed the legislation should be strengthened to educate dog breeders and owners and emphasise the importance of dog training and socialisation to prevent horrific attacks. The Assembly highlighted the shortfall in the existing legislation to offer protection to victims of dog attacks where the attack takes place on private property thereby failing to protect public-service workers.
The Welsh Government concluded with a commitment to make swift progress on the issues raised. Read the full transcript and watch the debate live "Item 9: Short Debate".
CWU national health and safety officer, Dave Joyce will speak at a special meeting of Welsh Assembly members on Wednesday 9th May 2012. Organised by Assembly Member for Cardiff North, Julie Morgan, the follow up meeting will discuss the need for reform of the law in Wales relating to the care and control of dogs. In her open letter of invitation, Julie explains the purpose of the meeting "to bring together the ideas, knowledge and expertise of all sectors working in this area and build a consensus for action."
Read Julie Morgan's
letter of invitation in full.
Scotland:
Scotland now has appropriate legislation in force dealing with this hazard - The Control of Dogs (Scotland) Act 2010 was introduced by MSPs Alex Neil (Central Scotland) and Christine Grahame (South of Scotland) - was passed by the Scottish parliament last April and received Royal Assent the following month. The provisions of the Act came into force across Scotland at the end of February.
Most of the new Act deals with the wider issues of tackling dangerous dogs in society, but, crucially, the Scottish Act tackles the key loophole in existing law, which has allowed so many owners to escape sanction when their dogs attack public-service workers.
The new Act's Section 10 ( Dangerous or unresponsive dogs) replaces the references in the 1991 Act to an offence being committed "if a dog is allowed to be dangerously out of control in a public place" or "a private place where it is not permitted to be" with the straightforward "any place."
Northern Ireland:
The Dogs (Amendment) Act (Northern Ireland) was granted Royal Assent on March 8 and its provisions are being rolled out across Northern Ireland.
Here, the new law - which was introduced by Northern Ireland's Minister for Agriculture and Rural Development Michelle Gildernew - amends the 1983 Dogs (Northern Ireland) Order. As in Scotland, much of the reform deals with the wider problems caused by dangerous dogs in the community, but it addresses the specific issue of attacks that take place on private property by explicitly exempts the owner rom prosecution only in cases of criminal trespass.
***Dogs (Amendment) Act (Northern-Ireland) 2011 Becomes Law***
New Act Commencement Order and Guidance Published
The new Dogs (Amendment) Act (Northern-Ireland) 2011 has come into operation. This Act passed its final stage in the Northern Ireland Assembly on the 8th February and received Royal Assent on March 8th 2011. The Northern Ireland Assembly has decided that different sections of the new Act will commence at different dates as determined by NI Government.
- The main provisions to deal with dangerous dogs in the new Dogs (Amendment) Act 2011 are now operational.
- The remaining provisions of the Act which deal with Dog Control Notices/Control Conditions for problem dogs, enhanced powers for dog wardens, fixed penalty notices and new increased dog licence fees and fixed penalty notices will come into operation on 3 October 2011.
- The final provision of the Compulsory microchipping of dogs will come into force in April 2012.
- The Act will be fully enacted by April 2012
The new Northern Ireland legislation, (as with the new Scottish
Dangerous Dogs legislation), will apply everywhere, including
private property and will give police, councils and courts greater
powers to impose penalties on the owners of dangerous dogs. The
legislation modernises the existing "piecemeal"
ineffective legislation in Northern Ireland (the Dogs (Northern
Ireland) Order 1983, the Dangerous Dogs (Northern Ireland) Order
1991, the Dogs (Amendment) Act (Northern Ireland) 2001)).
The Dogs (Amendment) Act (Northern Ireland) 2011, places a
sharper focus on responsible dog ownership and the control of
dangerous or out of control dogs with more legal responsibility
placed on the owners of badly behaved dogs. The owners of dogs who
attack people, livestock and other people's pets, face new
substantial penalties.
It enables local authorities to impose measures on the dog
owner, or the person in charge of a dog, where that person has
failed to keep the dog under control. The liability of an
irresponsible, careless owner who's dog is dangerously out of
control will apply in 'all places', private as well as
public places. For example, if a dog attacks and injures a postal
worker or telecom engineer in future on private premises or in a
public place, the owner faces a sentence of up to two years in
prison and an unlimited fine.
Compulsory Dog Licenses with Compulsory Microchipping are
introduced. The Act introduces a new regime of dog control notices
which can be issued by local authority dog wardens without the
needs for application to the courts and the conditions will be
attached to a dog owner's license. Council Dog Wardens can
impose controls on dogs where there has been a breach of dog
control laws through the use of the new Dog Control Notice
conditions. This will mean that a problem dog can only be kept
under certain conditions - for instance, always leashed or muzzled
when in public, or kept away from specified places. Dog Wardens can
also require that a dog or its owner undergo training, or even, in
extreme cases, that an aggressive dog be neutered. A breach of a
control condition will be an offence punishable by a maximum fine
of £2,500. The power of seizure of dogs which are dangerously
out of control applies to all places.
The Act additionally amends the law in relation to new offences of injuring other dogs, pets and livestock (cattle, poultry, sheep etc) by dogs which is now covered by the new Act.
