Ennvironment, Food and Rural Affairs Committee Written evidence submitted by Cats Protection
We welcome the scrutiny by the EFRA Committee of the Draft Dangerous Dogs (Amendment) Bill April 2013.
Introduction
Cats Protection (CP) is the UK’s leading feline welfare charity. We have approximately 7000 cats in our care at any one time across the UK. Our work is centred on homing, neutering and education and is supported by 252 voluntary branches, and over 8,700 volunteers and supporters. CP has 20 centrally run and staffed Adoption Centres, five staffed Branch Adoption Centres and five unstaffed Branch Adoption Centres. The majority of our Adoption Centres are staffed with the support of volunteers. In 2011 CP re-homed and reunited 48,000 cats.
Dog Attacks on Cats
We are submitting evidence on the specific issue of prevention of, and punishment for, dog owners in the event that their dog attacks a cat causing it serious injury and/or death. This issue is of great concern to CP and its supporters and to the wider cat owning/loving public. There are over 10.3 million owned cats in the UK and 26% of households own more than one cat (UK)—CP commissioned research published in 2010.
Many attacks on cats go unreported so it is hard to be exact about the extent of the problem. We know of no central record of attacks in England and Wales. Evidence is therefore anecdotal or as reported in the press. We suggest however, it is not necessary for there to be high numbers of attacks on cats—every incidence of a serious, often fatal, attack on a cat is a tragedy for the cat and its owner and something we would suggest should be regarded as a criminal offence. Press reports often seem to indicate that where the family pet is attacked so was a person/person(s). An attack on a cat may also be a warning of a potential attack by that dog on a person, particularly on a small “cat size” child.
Cats Protection has been logging press reports of attacks on cats over the past few months which shows (March and April (England only) the following:
March—kitten savaged to death, Birmingham area—two Rottweilers (a spokesperson for west mid police was reported as saying he “had supported moves earlier this year to make an attack on protected animals by dogs, to include cats a criminal offence”).
March—cat killed Swindon (dog described as “large staffie type”—off the lead).
March—fatal attack on a 13 year old cat owned by a pensioner in Basingstoke- dog described as a “pit-bull type”.
April—report of three cats killed in the Walsall area “savagely set upon” dog described as a lurcher.
April—two cats savaged in the Lancashire area, dog was a French mastiff.
April—two cats killed in the Middleborough area by a Staffordshire bull terrier.
Given there is under-reporting it is concerning that Cats Protection picked up press reports of 10 cats killed by dog attacks over two months in England alone. We also have reports in other parts of the UK for the same period.
CP is not seeking to demonise any breed of dog, many of our supporters are also dog owners/lovers as well as cat owners/lovers. However, we are seeking to ensure attacks on cats by dogs are prevented wherever possible and that there is punishment under criminal law to reflect the seriousness of the crime for the cat and its owner if a cat is seriously injured/killed.
Response to Committee Questions
The EFRA Committee has issued a call for views on the following issues:
Do Defra’s draft clauses translate the Government’s intentions on dog control into clear, proportionate, and effective legislation?
Do the proposed measures provide a sufficient legislative base to tackle irresponsible dog ownership?
If not, which additional measures should be brought into law?
Are any of the proposed measures unnecessary or counterproductive?
In response to the Committee questions CP considers that the Draft Dangerous Dogs (Amendment) Bill (April 2013) is not “effective legislation” or “sufficient” with regard to prevention or punishment for irresponsible dog ownership resulting in injury or death to protected animals, including cats. Protected animals are defined in the Animal Welfare Act (2006). We support others, such as the British Veterinary Association, who have pointed out that the proposals have insufficient focus on preventative measures. Our priority is that the new legislation prevents/minimises attacks on cats and other protected animals and introduces criminal liability in the event that a dog attacks a protected animal resulting in injury or death to that animal.
Any Place/Dog Control Notices
We welcome the Government’s proposal to extend the law on dangerous dogs to include offences that occur in “any place in England and Wales”—not just to public places. This is relevant if a dog attacks a cat in a private place, such as in a garden. However this is of no effect unless the Bill also extends to include “protected animals”—see below.
We support recommendation 13 of the EFRA seventh report of session 2012–13 that the Government legislate to introduce Dog Control Notices using the model as introduced in Scotland. We are disappointed that the Government has not accepted this and do not agree with their contention (response 17 April 2013) that the new flexible powers to tackle anti-social behaviour will be sufficient. We agree with the EFRA recommendation that it will be vital for Defra and the Home Office to work together to give enforcement authorities the flexibility to act swiftly on concerns about a dog and its owner before they lead to aggressive action with devastating consequences for victims. We are seeking to extend the definition of victims to include protected animals. We agree with EFRA that “the use of specific measures such as Dog Control Notices, already introduced in Scotland, could provide a far sharper tool for local authorities and police”. We note that the British Veterinary Association (BVA) have also stated recently in a response to the draft Bill that “current proposals made by the Home Office under anti-social behaviour legislation are inadequate” (press notice 9 April 2013).
In Scotland, the Control of Dogs (Scotland) Act 2010 extends criminal liability to cover dangerously out of control dogs in private as well as public places as do the Defra proposals. Although the Scottish Act does not contain an offence of attacking another animal the aim of Dog Control Notices is preventative (there are also powers to compel micro chipping and neutering). A dog would be regarded as out of control if its behaviour gave rise to reasonable alarm and apprehensiveness to a person or to another animal. We would urge the Committee to refer the Government again to this Scottish precedent.
Protected Animals, Precedents
We note that the draft Bill is now amended to explicitly cover attacks on assistance dogs. We understand the particular arguments in favour of such an amendment relating to the assistance dog representing an extension to the person. However, we would urge the Committee and Defra to give serious consideration to ensuring that the draft clauses in the new Bill are further amended to include reference to protected animals.
We note that during evidence given to the EFRA committee the issue of dogs attacking protected animals was discussed during the oral evidence given by the Association of Chief Police Officers (ACPO). In response to a specific question by the Committee chair there was support by the ACPO spokesperson for a change in the law to include protected animals—extract below.
Q105 Chair: “Could I just return to what Barry Gardiner said about cats? What we heard last week from the NFU was about attacks of dogs on livestock. There has been a lot in the press about attacks by dogs on horses. Do you believe that the present provisions of the legislation cover cats, livestock and horses sufficiently, or do you believe that it should be amended?”
Keith Evans: “We believe it should be amended. There is some confusion. We have had some successes at court on attacks on horses while they are being ridden. The British Horse Society has seen an increase in the number of people being injured and incidents involving dog attacks on horses. We would want to see the law changed, so that any attack by a dog on an animal, such as a horse or any protected animal, is a criminal offence.”
Chair: “That is very helpful, thank you very much.”
The call for protected animals to be included in the Bill was recently reiterated by the BVA who specifically mentioned “protection of assistance dogs to be extended to all protected animals, such as dogs, cats, horses, and others” (press notice 9 April 2013).
We would also refer the Committee to legislation in Northern Ireland. Northern Ireland passed the Dogs Amendment Act (Northern Ireland) 2011 which contains mandatory micro chipping provisions and licensing requirements. The Act contains two relevant offences: it is an offence to set a dog on “any other animal owned by another person”. It is also an offence if a dog attacks and injures any other “animal owned by another person”. No offence is committed if the animal is trespassing on the dog owner’s/keeper’s/person in charge’s land.
We accept that setting on or urging a dog to attack a “protected animal” would probably qualify as an offence under the Animal Welfare Act( 2006) (AWA) by causing unnecessary suffering. However, the AWA creates a requirement to prove:
1.
2.
This makes achieving successful prosecutions for attacks by dogs on cats (and on other protected animals) ineffective.
CP seeks an amendment to the draft Dangerous Dogs (Amendment) Bill in line with the model of the Northern Ireland offence which appears to remove the need to prove that someone knew or ought reasonably to have known that their actions or omissions would cause unnecessary suffering. . An offence would be committed under the Northern Ireland legislation if it was shown that the dog attacked and injured another animal. We see no reason why the Northern Ireland provisions and definition of an offence are not adopted in all UK jurisdictions.
CP also refers the Committee to the recent consultation by the Welsh Assembly on the Control of Dogs (Wales) Bill which closed on 1 March 2013. We understand that one of the aims of the Bill is to amend the Dangerous Dogs Act 1991 Act to make it an offence for a dog to attack another “protected animal” and to extend Dog Control Notices to cover people fearing for the safety of another “protected animal”. CP has written to the Welsh Assembly welcoming and supporting this aim.
The legal principle that dog owners can face criminal rather than civil liability if their dogs attack other animals is well established, for example, in the Dogs (Protection of Livestock) Act 1953. The statutory definition of “livestock” doesn’t, of course, include cats, but the principle of criminal liability is established for England.
Recommendation
We welcome the extension of the current provision of the Dangerous Dogs Act (1991) to extend it to attacks in “any place”. However the Bill needs to go further and ensure animals such as cats, horses and other dogs are protected in “any place” alongside the protection afforded to persons and assistance dogs.
CP seeks an amendment at Clause 1 (2) (a) (ii) of the Draft Bill.
Insert after “injures any other person” “or assistance dog or protected animal”. (our additional amendment emboldened.
The interpretation sections (clause 6) of the draft Bill would also need to be amended and define “protected animal” in accordance with the Animal Welfare Act (2006).
April 2013