Dogs (Amendment) Bill (Northern Ireland) - CWU Comments

[TrueBlueTerrier]

Dogs (Amendment) Bill (Northern Ireland) - CWU Comments on the Northern Ireland Assembly Proposed Dogs (Amendment) Bill: (CWU 'Bite Back' Campaign):

LTB 744/10 - RE: Dogs (Amendment) Bill (Northern Ireland) - CWU Comments on the Northern Ireland Assembly Proposed Dogs (Amendment) Bill: (CWU 'Bite B

No. 744/10
Ref P18
Date: 1 September 2010

To: All Branches

Dear Colleagues

RE: Dogs (Amendment) Bill (Northern Ireland) - CWU Comments on the Northern Ireland Assembly Proposed Dogs (Amendment) Bill: (CWU 'Bite Back' Campaign):

Further to LTB 484/10 dated 1st June, LTB 453/10 dated 24 May and LTB 398/10 dated 7 May, it was previously reported that the Dogs (Amendment) Bill (Northern Ireland) had been introduced in to the Northern Ireland Assembly by the Dept of Agriculture & Rural Development (DARD) Minister Michelle Gildernew MP, MLA and had passed its first stage on 24 May 2010.

The Bll subsequently moved on to the Committee Stage to be considered by the Committee for Agriculture and Rural Development who subsequently invited comments on the proposed Dogs (Amendment) Bill in a further public consultation which closed on 30th June and the CWU Health, Safety and Environment Department submitted a formal response with our detailed comments by the closing date.

The Northern Ireland Assembly returns from recess in early September and the Committee for Agriculture and Rural Development will commence consideration of all the responses received. The Committee will then meet with the DARD Dog Control Bill Team on 13th September for further scrutiny of the bill and the responses following which the Committee will commence 3 weeks of hearing verbal evidence from organisations they invite to give evidence before the Committee at Stormont. The Minister informed us that when the Bill reaches the Committee stage, CWU will be invited to give evidence at Stormont. After the Committees final considerations the Bill will then return to full NI Assembly for assessment and final consideration. The DARD Dog Control Bill Team inform the Health, Safety and Environment Department that they are confident that they can conclude the bill's passage through the NI Assembly by Christmas and obtain Royal Assent and implementation of what would then be the new Act and new Law by Spring 2011./

As previously reported we have made exceptional progress in Northern Ireland with the CWU 'Bite-Back' Campaign in respect of our progressive discussions and input, working with the NI government and discussions that have secured the support of all five main political parties (DUP, Sinn Féin , UUP , SDLP and Alliance) for the bill to receive cross-party support.

The Minister believes that the new NI legislation when enacted, will be the strongest dog control legislation in the UK.

The new Northern Ireland Dog Control Bill will include:
· compulsory micro-chipping of dogs;
· compulsory dog licenses;
· scope for dog wardens to attach control order conditions to a dog license where a dog's behaviour has been unruly and given cause for concern;
· an increased dog license fee to £12.50 (with concessionary rates for the elderly, those on benefits and owners of neutered dogs) so that councils can recover more of the cost of their dog warden services;
· a new offence of failing to prevent a dog from attacking and injuring another person's dog;
· fixed penalties for license and minor offences;
· increased fines and penalties for serious offences;
· strengthening of the strict exemption conditions under which a dog of a prohibited type might be exempted from the ban;
· the law will apply everywhere on private as well as public land and premises.

A copy of the CWU submission to Committee for Agriculture and Rural Development consultation on the Dog (Amendment) Bill (Northern Ireland) is attached for your information. Generally we are very satisfied and impressed with the overall composition of the Bill and it appears considered and very much based on encouraging more responsible dog ownership.

We have made recommendations for change in four key areas:-

1. In respect of microchipping, which we support as it would enable clear identification of a dog’s owner when prosecution is being considered, we have suggested that the proposed change in legislation should clarify that the person to whom a microchip is registered is responsible for the welfare and actions of the dog in which it is implanted.

2. In respect of Dog Control Orders, while it is clearly appropriate for local authorities Dog Wardens to be the main enforcers of the lower level offences under this Bill, including control orders, we have suggested that there remains the discretion for the police to also be able to enforce where it is deemed appropriate and be empowered to issue control orders.

3. In respect of fines and penalties we welcome the proposed increased fines and penalties for serious offences but we have suggested that the NI Assembly issues new guidance to the Courts to introduce tougher, consistent punishments for owners of dogs, dangerously out of control and causing injury.

4. We have also suggested that the NI Assembly introduction of Compulsory Third Party Insurance cover, backed up by a No fault Personal Injury Compensation Scheme for cases of untraced or uninsured owners.

Scotland
The Scottish Government passed a new Law, the Control of Dogs (Scotland) Act on 23 April and it will come in to force in around February 2011.


England and Wales
The results of the Defra public consultation on changing the Dangerous Dogs Act 1991 closed on 1 June and the government's response is expected in the Autumn.

A detailed CWU response has been submitted and we are continuing via a number of initiative to maintain pressure on Westminster.

Conclusion
The CWU Health, Safety and Environment Department has been campaigning hard across the UK since the launch of our campaign, fighting for the Union's primary objectives which are; to get in place a UK wide Laws that better prevents dog attacks on Postal Workers, to get the dog control laws to apply on private property and premises where Postal delivery staff have to go, to see the introduction of new preventative Dog Control Notices (DCNs), to bring in measures to make owners more accountable and responsible for the actions of their dogs, for better enforcement of the Law by the Police and Local Authorities Dog Warders, for harsher sentences by the Courts for offending dangerous dog owners, for the introduction compulsory Insurance cover and for compulsory Microchipping and or Licensing of all dogs. The CWU campaign has been based on raising awareness and highlighting the serious problem we have with attacks by dogs on people which can be very serious incidents with the real risk of severe injury or disfigurement.

Further reports will follow in due course.


Yours sincerely


Dave Joyce
National Health, Safety & Environment Officer
=====================================================================================================================
Attachment:-
30th July 2010


The Clerk to the Committee,
NI Assembly Committee for Agriculture and Rural Development
Room 284, Parliament Buildings,
Stormont, Ballymiscaw, Belfast BT4 3XX
Tel: 028 9052 1063
E-mail: committee.agriculture@niassembly.gov.uk





Dear Sir/Madame,

CWU Comments on the Northern Ireland Assembly Proposed Dogs (Amendment) Bill.
The NI Assembly Committee for Agriculture and Rural Development invited comments on the proposed Dogs (Amendment) Bill which had been developed by the Department of Agriculture and Rural Development.

The Communication Workers Union (CWU) is one of the UKs largest Trade Unions, representing 250,000 workers including those employed by Royal Mail Group and British Telecom Group. 100,000 of those workers including 70,000 Royal Mail and Parcelforce Worldwide delivery workers and 30,000 BT Engineers are vulnerable and are exposed to the risk of Dog Attacks on a daily basis. Around 6000 Royal Mail and Parcelforce,

Postal workers are attacked by dogs every year in the UK whilst delivering the Mail, packets and parcels as well as 300 to 400 British Telecom Engineers. Many require hospital treatment and many receive serious disabling injuries and disfigurement. Some are forced to give up their job. Two Postal workers (one at Christmas 2007 and one at Christmas 2008) were nearly killed in savage attacks and thousands of others have suffered horrific physical and psychological injuries. As a result the CWU launched its "Bite-Back" Campaign in early 2008 with the objective of modernising, updating and strengthening the Dangerous Dogs Laws in the UK, improving enforcement and calling for harsher penalties. The Law on dangerous Dogs as it currently stands and its enforcement by the Police, Dog Wardens and the Courts has proved to be totally ineffective in protecting CWU members as dog attack numbers have risen and injuries have worsened.

The Communication Workers Union is therefore a major stakeholder in respect of the subject matter of the control of dangerous dogs and the accountability of irresponsible, reckless and negligent owners. The CWU been campaigning hard across the UK since the launch of our 'Bite-Back' campaign in early 2008, fighting for the Union's primary objectives which are; to get in place UK wide Laws that better prevents dog attacks on Postal Workers, to get the dog control laws to apply everywhere, including private property and premises where Postal delivery staff have to go, to see the introduction of new preventative Dog Control Notices (Dog ASBOs), to bring in measures to make owners more accountable and responsible for the actions of their dogs, for better enforcement of the Law by the Police and Local Authorities, for harsher sentences by the Courts for offending dangerous dog owners, for the introduction of compulsory Insurance cover and compulsory licensing and Microchipping of all dogs. The CWU campaign has been based on raising awareness and highlighting the serious problem we have with attacks by dogs on Postal Workers, other workers, Children and the public which can be very serious incidents with the real risk of severe injury and
disfigurement.

The CWU has attended several meetings with the Department of Agriculture and Rural Development (DARD), the Minister's Officials and the Dog Control Bill Team to make representation on this matter and CWU responded in full to the DARD Public Consultation. The CWU would like to record our gratitude to the Minister, her Officials and teams for their time, support, assistance and positive response to this matter and our concerns which is of great important to the members of our Trade Union.

It has been apparent for many years that the existing Dangerous Dogs legislation doesn’t work effectively in controlling dangerous dogs and dealing with irresponsible owners and leaves many victims with no remedy in criminal law. The law urgently needs revising to help protect the general public, workers and children as well as dog welfare. The CWU has been lobbying the UK Governments of England, Wales, Scotland and Northern Ireland for these changes through our “Bite-Back” Campaign. The CWU therefore welcomes the NI Assembly's positive proposals to tackle the issue of Dangerous Dogs by changing the Dangerous Dogs Law in Northern Ireland. The CWU welcomed the DARD Consultation and welcomes the NI Assembly Committee for Agriculture and Rural Development proposed Dogs (Amendment) Bill and welcomes the opportunity to provide comments on the proposed revised dangerous dogs law.
The changes should be focused on enabling all enforcement agencies to target the worst offenders and the most aggressive dogs bearing in mind that the vast majority of dog owners are law abiding and they too will welcome such changes.

With an estimated 10 million dogs in the UK there is an absolute and urgent need for effective dangerous dogs legislation to replace the current laws which are both complex, ineffective, outdated, unworkable and fail to deal with bad owners.

The key message is that any dog can show aggression, particularly if it is not owned responsibly plus handled and trained properly. Therefore legislation that provides the tools to target irresponsible, careless and reckless ownership both before an animal becomes a serious problem with new preventative measures as well as after an attack are very welcome.

The legislation needs to modernise the existing rules and regulations on dogs and therefore this is a very worthwhile and necessary initiative. The proposed bill should give local authorities and the Police the legislative tools to deal with the growing problem of out-of-control dogs and deal effectively with attacks by dangerous dogs in private places as a criminal offence.

The CWU is obviously delighted that the Scottish Parliament has already passed a new law earlier this year. The Control of Dogs (Scotland) Act which is due to come in to force in February 2011.

The CWU is also delighted regarding the prospect that the Northern Ireland Assembly have introduced the Dogs (Amendment) Bill which could soon become an Act also come into force in 2011. The CWU would urge the NI Assembly to push ahead with earliest introduction of new Dangerous Dogs Legislation to replace the current ineffective existing measures and the growing dangerous dogs problem of a significant number of aggressive dogs, in the hands of irresponsible owners who need to be dealt with, so enabling all enforcement agencies to effectively target the worst offenders and rebalancing the law in favour of the victims.

The existing Dangerous Dogs Laws have been in place for over a decade. Those laws have never been effective or effectively enforced which has resulted in the current situation. Changes must take account of the needs of the agencies that will be required to enforce the law and they must ensure the necessary mechanisms are in place to ensure the proposed changes can be implemented effectively because a law that is not enforced is not a law at all!.

Dog Attacks on private property are a major concern of the CWU. 70% of the 6000 Dog Attacks on Postal workers every year occur on private property (private land, roads, drives, lanes, paths, gardens, farms, commercial premises, unadopted land etc) amounting to over 4000 of those attacks. Postal workers, Telecom workers or any public service and other workers that provide services to home owners and residents must be protected effectively from dog attacks and owners must be made aware that if their animals attack workers they could in future be prosecuted and held legally responsible and so provide the victims with a remedy in criminal law.
The CWU firmly believes that the NI Assembly Minister of Justice must give new guidance to the Courts to introduce tougher, consistent punishments for owners of dogs, dangerously out of control and causing injury.

Along with this we need to see the new regime of new Dog Control Notices (DCNs), giving Police and Dog Wardens extended, proactive enforcement powers.

The Dangerous Dogs law needs to be revised primarily with the aim of placing more responsibility on the owners of badly behaved dogs. Importantly the onus needs to be placed on the owners, not the dogs, so as to ensure they are properly controlled. The new Dangerous Dogs Law also needs to place a sharper focus on the "deed and not the breed". The existing breed specific legislation has completely failed to deal with the problem of growing numbers of dangerous dogs and increasing numbers of dog attacks including young children being killed, maimed and disfigured in the home. Six children under 5 have been killed in dog attacks in the home, on private property since 2006.

CWU Specific Comments and suggestions on the Proposed Dogs (Amendment) Bill.
· Generally the CWU is very impressed with the overall composition of the Bill and it appears considered and very much based on encouraging more responsible dog ownership rather than penalising dog owners.
· CWU supports the idea of a dog licensing system that is tied in to compulsory microchipping. The key issue being that with an annual licensing system the details of the owner can be kept up to date on a database and
we would comment that the question of maintaining a database in Northern Ireland will be key to making the new legislation work.
· CWU supports the idea of microchipping, in combination with Licensing, Microchipping on its own is a one-off thing owners may not update details connected with the microchip but will have to in relation to the Licence.
Microchipping will enable lost, stolen or stray dogs to be returned promptly to its owner. The Microchip technology enables a significant amount of information to be stored. A significant advantage of compulsory microchipping is
that it would enable clear identification of a dog’s owner when prosecution is being considered. We would suggest that the proposed change in legislation should clarify that the person to whom a microchip is registered is
responsible for the welfare and actions of the dog in which it is implanted.
· CWU welcomes the extension of the fee for licensing as we feel this may better cover the true costs of administering such a system. We support the increased dog licence fee to £12.50 (with concessionary rates for the elderly,
those on benefits and owners of neutered dogs) so that councils can recover more of the cost of their dog warden services and thereby ensure sufficient resources and enforcement.
· CWU very much welcomes the introduction of the ability to exempt prohibited types of dogs as it brings it into line with the rest of the UK. We also welcome the proposed simplification of the exemptions system which will
avoid the costly, time consuming systems elsewhere in the UK, will allow exemptions to be made without the need for a Court Order and will enable the enforcing officers to decide on leaving dogs with their owners where
the dog isn't a danger whilst at the same time strengthening of the strict exemption conditions under which a dog of a prohibited type might be exempted from the ban. CWU is opposed to the continuation of Breed Specific
Legislation (BSL) and welcomes the growing acceptance of "Deed Not The Breed" as not all prohibited types of dogs are dangerous and where appropriate these animals should be allowed to be kept by their owners rather
than taking them away to kennels at cost to the tax payer and causing unnecessary stress to the dog.
· CWU Welcomes the fact that the law will apply everywhere on private as well as public land and premises and offences under clause 7 covers both public and private places.
· CWU Welcome the requirement for local authorities to report new dogs in their area to each other and thus ensure better cross-border enforcement (under clause 30).
· The CWU welcomes the introduction of new Dog Control Orders and welcomes the unique, radical approach to of providing the scope for dog wardens to attach the control order conditions to a dog licence where a dog’s
behaviour has been unruly and given cause for concern.
· While it is clearly appropriate for local authorities Dog Wardens to be the main enforcers of the lower level offences under this Bill, including control orders, we would suggest there remains the discretion for the police to also
be able to enforce where it is deemed appropriate and we would suggest that the necessary amendment to be made to allow direct police enforcement also. We believe that this is an option favoured by the Police.
· CWU welcomes the new offence of failing to prevent a dog from attacking and injuring another person’s dog.
· CWU welcomes the new system of fixed penalties for licence and minor offences.
· CWU welcomes the proposed increased fines and penalties for serious offences. We would suggest however that the NI Assembly Minister of Justice must give new guidance to the Courts to introduce tougher, consistent
punishments for owners of dogs, dangerously out of control and causing injury.
· CWU would wish to raise one further issue not covered in the Proposed Dogs (Amendment) Bill and request that the NI Assembly Committee for Agriculture and Rural Development give it careful consideration. We would suggest the
introduction of Compulsory Third Party Insurance cover and No fault Personal Injury Compensation Scheme. CWU supports a requirement that all dogs are covered by third-party liability insurance. Those in the media mainly that are
opposed to such an idea labelled the idea as a "Stealth Tax" or "Tax on Dogs" which according to those criticising the proposals would penalise pensioners and responsible dog owners forcing them to pay out Insurance sums quoted as
high as £600 each to insure their pets. Sadly, this gross exaggeration and distortion for irresponsible myth making reasons detracted attention away from a very important issue. CWU believes insurance is affordable and necessary for
dog owners and that it will be a very effective means of addressing serious issues in relation of engendering responsible ownership as well as ensuring protection for dog attack victims. Compulsory third party liability insurance is a
sensible precaution to protect both human and animal victims of dog attacks. Many household insurance policies will include this as long as the dog is in the insured person’s control at the time. There are also membership schemes
such as the one Dogs Trust offers where for just £20 a year, £10 for over-60's, any dog within the household has third party liability insurance up to a million pounds per claim. The fact is that many dog owners are uninsured or untraced
when Dog Attacks occur and injury results. Dog attack victims with serious injuries have no civil remedy for Personal Injury compensation if attacked by animals which are not indemnified. For example the CWU had two members
seriously injured in dog attacks, left with similar injuries short and long term. One received over £100,000 compensation because the owners were insured and rich people. The other received nothing because the owners were penniless
drug addicts and criminals. That's just not right or acceptable in a fair society. Britain has long been a nation of animal-lovers who are happy to spend large amounts of money on their perfect pet. A report published by the "Independent"
in 2007 stated that the lifetime average cost of owning a dog, according to Sainsbury's Bank, stood at £9,000 and this is increasing by around 5 per cent a year which gives a cost of £10,400 for 2010. The RSPCA stated that people need to be sure they can meet all the animal's needs – including the financial cost, which can often be much higher than people think. Halifax Insurance reported that Britons had spent £2.6bn buying cats and dogs in the five years 2002 - 2007.

Churchill Insurance stated that depending on size and breeds, in terms of amount of food required and susceptibility to ailments that necessitate treatment, the lifetime cost of dog ownership ranged from £18,000 to £33,000. Therefore £20
per year for Third Party Insurance cover or £10 if over 60 years old is very small amount to pay. The CWU respects all points of view and have heard various arguments against the idea of compulsory third party insurance for all dogs on the basis that (a) it’s a stealth tax or (b) it’s a dog tax or (c) it’s a tax on responsible owners or (d) only ‘responsible’ owners will be prepared to take out the insurance and irresponsible owners won't insure their dogs irrespective of any
legislation so therefore it's pointless introducing it. In answer to these points the CWU would argue that if a Country had to base its decisions on introducing Laws only when 100% compliance was guaranteed, then we would have no laws at
all and instead would have a state of 'bedlam'. For example there are 28 million motorists on the UK's roads and the number of people caught driving without insurance has increased by almost a fifth in the last two years with around 1.2
million uninsured drivers on our roads today (1 in 10 of all drivers). However, no one is suggesting that we abandon compulsory Motor Insurance because of the 1.2 million who won't comply. There are now 10 Million Dogs in the UK and
having considered the points in opposition to the proposals the CWU remains strongly in favour of compulsory third party liability. We would also suggest that this scheme is backed up with an insurance fund of last resort to be established similar to the Motor Insurance Bureau (MIB) scheme, based on a 'no fault scheme' funded by insurance industry reserves which guarantees that the victims of Dog attacks obtain compensation where the Dog owner is uninsured or the insurer cannot be traced. This would ameliorate the current injustice and show clear compassion for victims and protect the rights of injured Postal workers and other Utilities workers and similar employees attacked whilst at work, visiting private and commercial premises. Under this scheme it would be compulsory for all UK insurers selling Pet insurance to be signatories to the agreement. The Scheme would meet the liability to pay compensation for claims for personal injury for Dog Attacks where owners are uninsured or untraced.

[DGP1]

All those f***wits who have dangerous dogs will just ignore any legislation that they don't like, why should I have to suffer because of other peoples laziness and ignorance.