Dangerous Dogs Legislation in England and Wales

[TrueBlueTerrier]

Letter to Branches




No. 222/11
Ref P18/11
Date: 8 March 2011

To: All Branches

Dear Colleagues

Dangerous Dogs Legislation in England and Wales - CWU 'Bite-Back' Campaign - Extension of Law to cover Private Land:

Further to previous reports, discussions and lobbying of the Coalition Government continues.
Since the general election at which time the government position seemed positive, Defra Ministers have wavered on the issue and made several unclear and inconsistent statements and answers to questions.

Following the Defra Public Consultation, the government were due to make an announcement on their plans on how they intend to deal with Dangerous Dogs legislation and enforcement but have postponed the announcement date several times. We now expect this to be in April.

Letters sent to the Secretary of State, Minister of State and Parliamentary Under-Secretary in October have just received a response, 4 months later, indicating that government have been undertaking a wider review of anti-social behaviour tools and powers including Dog Control Orders.  A Home Office consultation paper has been issued on a new streamlined (ASBOs) framework of measures to tackle anti-social behaviour has been issued. This they tell us s will replace formal powers currently available, including those applicable to dogs.  They added that proposed Crime Prevention Injunctions could be used for a dog owner persistently demonstrating a lack of control of an aggressive dog, by banning the walking of the dog in defined areas, or requiring the dog to be kept on a lead and/or muzzled in public – including the owner’s garden or places of common access.

Community Protection Orders might be used to stop owners letting their dogs roam freely in defined areas for lesser problems. Defra added that they will respond to the issues raised in the earlier Defra consultation, including wider matters such as the need for breed specific bans and dog licensing and that they are also looking at whether there is a role for local communities in promoting more responsible dog ownership. Defra concluded that the Government takes the problem of dangerous dogs very seriously and wants to be sure that any changes will have an impact on reducing dog attacks and promotes more responsible ownership of dogs.

A reply has been sent to Ministers expressing the fact that we don't believe that the suggestion of Crime Prevention Injunctions and ASBOs is the solution to the problems other than for the "Status-Dog" aspect.

What is needed is a new modernised, comprehensive Dangerous Dogs Legislation replacing existing ineffective pieces of legislation (Dangerous Dogs Act, Dogs Act, Guard Dogs Act etc).

The CWU has already helped convince the governments of Scotland and Northern Ireland to change the law with the Control of Dogs (Scotland) Act which has now been introduced (26 February 2011) and the Northern Ireland Dogs (Amendment) Bill which will become Law shortly. Both these Laws will apply to private land, will introduce Dog Control Notices and will enforce compulsory micro-chipping as well an increased court penalties for irresponsible dog owners among other measures.
Westminster needs to do likewise for England and Wales.

Prime Minister David Cameron said in a letter to CWU/HQ dated 30 April 2010 "We support extending the Dangerous Dogs Act to cover all places including Private Property" - So we are keen to know what Westminster is waiting for now that Scotland and
Northern Ireland have introduced the changes required right across the UK.

In July 2010 in the House of Commons, the Defra Minister of State Jim Paice acknowledged "There is also the serious problem of attacks on public workers, particularly postal workers, in gardens or drives."
 
In Feb this year in the House of Commons in an answer to the question from Angela Smith MP (Penistone and Stocksbridge) regarding extending the law relating to private property, as supported by postal workers unions, Defra Minister of State Jim Paice replied that he believed that existing legislation might be slightly inadequate! That's an understatement! He then wrongly added that there was little support in the Defra consultation for extending the legislation into people's private property which, he went on to acknowledge correctly is, where a lot of the dog attacks happen!

We have pointed out to the Minister, in correcting his mistake, the fact that in Defra's consultation on Dangerous Dogs there was substantial support with 30 of the 31 'Key Interested Organisations' or 97% being in favour of extending the law to private land.

A meeting will be taking place shortly with Minister of State and Parliamentary Under-Secretary to discuss the CWU's views and campaign.

Yours Sincerely


Dave Joyce
CWU National Health, Safety & Environment Officer

[Thunderthighs]

Just had a letter, confirming a phone call, from my Solcitor, re, Dog attack nearly 2yrs ago.
Apparently, the Dog's Owner - who called me a "Fraudulant Opportunist" and "a Liar" in a letter, has now accepted Partial responsibility for their nasty mutt.

According to them, I was responsible for running away from their dog. Yeah, right, it's called the "Fight or Flight syndrome", as the dog was totally manic.
Also, as the dog didn't actually "Bite" me - It's teeth grasped my finger, but was unable to clench on it. ( 20 yrs of Martial Arts training coming into play - good reactions.)
Finally, the dog hasn't bitten anyone else they say. But, it did jump up previously and tear a package for them to pieces, and they put a box outside DUE to the dog attacking mail. Oh...and it also chased another Postie, twice, and off duty Copper.

So...I'm being presured into a 80/20 cause of injury, depending on an Independant Medical Specialists report.

Four months off work, light duties, physio, re-hab, steroid injections into the groin - more to come - Tramadol ( very strong painkillers, ongoing, ) and still not right yet.
BUT...Their "Little Darling" is almost bomb-proof.

Don't think he's Johnny Wilkinson Drop Kick proof though...