Ennvironment, Food and Rural Affairs Committee Written evidence submitted by the NFU
1. The NFU represents more than 55,000 farming and growing members and in addition some 40,000 countryside members with an interest in the countryside and rural affairs.
2. The NFU appreciates the opportunity to provide written evidence with regard to the Draft Clauses and related dog control issues.
3. The NFU welcomes the proposals to consider the previous character of the dog, and its past behaviour, and the owner/the person responsible for the dog when determining whether a dog constitutes a danger to public safety. The NFU believes that this is a proportionate provision, enabling the response to be tailored effectively to the particular situation involved.
4. The NFU appreciates the concerns about attacks by dangerous dogs on private land, and supports, in principle, action addressing that issue. However, many working dogs are kept outside and therefore will be outside the protection offered by the “householder” defence. Working dogs are generally very highly trained and well behaved, and should not be seen as dangerously out of control simply because they are not on a lead, or otherwise restrained. The NFU believes that the “householder case” should be extended to cover all farm yards and buildings. Farm yards and buildings are private locations, often home to the dog and its family. Consequently, a working farm dog involved in an incident with a trespasser on the farm yard should be treated in the same way as a domestic pet involved in an incident with a trespasser in a dwelling. So as in a “householder” case where this operates no offence under sec 3(1) is committed.
5. Further to this draft Bill the NFU would like to strongly support the recommendation that DEFRA look to amend the Dogs (Protection of Livestock) Act 1953 to provide protection to the full range of livestock now farmed, such as camelids. Also we agree with your comments that enforcement agencies must give greater priority to responding to complaints of attacks on livestock and take a more consistent approach to prosecuting offences.
April 2013