Dogs (Amendment) Act (Northern-Ireland) 2011 Becomes Law

[TrueBlueTerrier]

Letter to Branches

No. 704 /11
Ref P18
Date: 11 August 2011

To: All Branches

Dear Colleagues

RE: Dogs (Amendment) Act (Northern-Ireland) 2011 Becomes Law - New Act Commencement Order and Guidance Published - "CWU Bite-Back Campaign" Update:

I am extremely pleased to report to CWU Branches and CWU Health and Safety Representatives that 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 have decided that different sections of the new Act will commence at different dates as determined by NI Government.

New measures are now in place to tackle the problem of dangerous dogs in Northern Ireland. They are designed to deal with the issue of dog attacks. Anyone who flouts the law by setting, urging or allowing a dog to attack a person can expect to face very tough penalties of up to two years imprisonment and an unlimited fine.

As Branches know only too well, around 5000 to 6000 Postal workers are attacked by dogs every year in the UK whilst delivering the Mail. 70% of which occur on private land or premises. Additionally, around 400 BT Engineers get bitten annually also. Many members require hospital treatment and many receive serious injuries. Two Postal workers (one in 2007 and one in 2008) were nearly killed in savage attacks. For these reasons the CWU "Bite-Back" Campaign was launched in early 2008.

The new Northern Ireland legislation, (as with the new Scottish Dangerous Dogs legislation, reported to Branches previously in LTB 221/11 on 8 March 2011), 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) on dogs.

The Dogs (Amendment) Act (Northern Ireland) 2011, places a sharper focus and 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.
This new Act importantly places the onus on the owners, not the dogs, to ensure they are properly controlled. The key message is that any dog can show aggression, particularly if it is not handled and trained properly, so legislation that
provides the tools to target irresponsible ownership before it becomes a problem is very welcome. The owners of dogs who attack people, livestock and other people’s pets, face new substantial penalties, and the new powers will help
Council Dog Wardens and Police enforce the law. The new Act sends out the clear message that casual and careless dog ownership is not acceptable in Northern Ireland. These new controls will shift the focus on to the actual behaviour and management of individual problem dogs, whatever their breed. The legislation will help tackle the minority of irresponsible owners who undermine everything that is good and positive about dog ownership.

The new Law gives local authorities and the police in Northern Ireland the legislative tools to deal with the growing problem of out-of-control dogs and attacks by dangerous dogs in private and public places. As you will well know, there is a very large gap in the Dangerous Dogs Act 1991 (which applies in England and Wales) where there is a lack of protection against attacks on private property. This means that Postmen and Women, BT Engineers or any worker visiting the dog's home in England and Wales can be attacked, without criminal charges being brought against the owners who were previously immune in Scotland and Northern Ireland (and are still currently 'immune' in England and Wales).
This new Laws in both Northern Ireland and Scotland closes that loophole and in future, where if a Postal worker is attacked by a dog on private property, the owner can now be prosecuted and held legally responsible.

The new Northern Ireland Act as with the previously reported Scottish Act also introduces new 'proactive' preventative measure in the form of new "Dog Control Notices" (DCNs). In future, if a troublesome, menacing or unruly dog comes
to notice, the owner can be served with a DCN by the local authority Dog Warden. The DCN in Northern Ireland will be attached to the Dog's License and can stipulate a number of conditions that must be complied with by the owner and could include the owner being compelled to keep their pet on a lead at all times, keep it muzzled, keep it away from certain public places e.g. parks, have it neutered or compel dog and owner to attend special training courses. Owners who fail to comply with Dog Control Notices can be prosecuted and face a fine of up to £2,500.

The CWU is celebrating a victory for the second time with new Dangerous Dogs Laws applying everywhere in both Northern Ireland and Scotland, including private property, This is a fantastic step forward the CWU 'Bite-Back' campaign against ineffective dangerous dogs legislation and we are grateful to Northern Ireland Ministers, MLAs and Northern Ireland Executive staff for enshrining these important changes in to legislation. We now need the England and Walesto follow the Scottish and Northern Irish lead. The Act will provide the most comprehensive powers in these islands to deal with the scourge of uncontrolled dogs. It will allow enforcers to hold owners and keepers to account, especially where they have failed to exercise adequate control of their dogs.

The CWU Health, Safety & Environment Department lobbied members, Stormont Ministers and Members of the Legislative Assembly (MLAs) from all Political Parties (DUP, Sinn Féin, UUP, SDLP and Alliance)  to support the "CWU Bite-Back Campaign" call for new Dangerous Dogs Laws. We eventually secured cross-party support and the support of the Northern Ireland Government for a new Bill. Following meetings with the Northern Ireland Assembly DARD (Dept of Agriculture & Rural Development) Minister Michelle Gildernew MP, MLA, a public consultation took place which drew widespread support and during which the CWU Health, Safety & Environment Department gave evidence. Following the consultation, a Dog Control Bill Team of DARD Officials was set up by the minister. A number of meetings took place with the Dog Control Bill during which we assisted with the drafting of a Bill to go before the Parliament. The Minister's team thanked the CWU for their detailed input and support for proposed changes to dog control law in Northern Ireland. The Minister secured agreement from the Northern Ireland Assembly Executive to her policy proposals for a new Dog Control Bill and subsequently the Bill swiftly made its way through the parliamentary process to become Law.

During our discussions it was agreed that discussions would take place with the Republic of Ireland in order to put in place similar cross-border dog control laws. Minister Michelle Gildernew MP, MLA subsequently met with her Dublin counterpart Brendan Smith TD, Minister for Agriculture to discuss common issues on dog control outlining the new Northern Ireland Laws on Dog Controls and respective approaches on legislation for dog control on the' island of Ireland'. 
The meeting concluded with an agreed common approach to Dog Controls.

Dogs (Amendment) Act (Northern-Ireland) 2011 Timetable For Implementation:
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 is fully enacted by April 2012.

Summary of the Dogs (Amendment) Act (Northern-Ireland) 2011:
The owners of dogs who attack people, livestock and other people’s pets, face new substantial penalties, and the new powers will help Council Dog Wardens and Police enforce the law. The Act modernises the law on control of dogs. 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. It amends the Dogs (Northern Ireland) Order 1983, the Dangerous Dogs (Northern Ireland) Order 1991 and the Dogs (Amendment) Act (Northern Ireland) 2001. 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 BT Engineer in future on private premises or in a public place, the owner faces up to a two years prison sentence 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 authorities dog wardens without the needs for application to the courts and the conditions will be attached to a dog owners 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.

Dog Licence Fees:
Dog Licence annual fee is £12.50.
Dog Licence is free for the first dog owned by someone aged 65 or over.
Concessionary rate of £5 applies to unwaged owners and second and subsequent dogs owned by someone aged 65 or over.
All assistance dogs have an exemption from Dog licensing.

Dog Control Notices (DCNs)/Licence Conditions:
The Local Authority Dog Warden may serve on the keeper of a dog a notice in writing imposing one or more conditions (“control notice conditions”) on any dog licence held
by that person in respect of that dog. The control conditions which may be imposed on a dog licence by a notice under are:-
(a) that the dog be securely fitted with a muzzle sufficient to prevent the dog biting any person when in a public place;
(b) that the dog be kept under control when in a public place;
(c) that the dog (when not under control) be kept securely confined in a building, yard or other enclosure;
(d) that the dog be excluded from any place, or any type of place, specified in the notice;
(e) that the dog (if male) be neutered before the end of the period of 30 days from the date on which the notice takes effect;
(f) that the keeper, with the dog, attend and complete a specified course of training in the control of dogs before the end of the period of 6 months from the date on which
the notice takes effect.
It is a criminal offence to fail to comply with a DCN and this offence is liable on summary conviction of a fine of up to £1,000.

Penalties:
Dog’s behaviour is aggressive or threatening is punishable by up to six months imprisonment and a fine of £5,000.
Dog injures a person attacked, punishable by up six months imprisonment and a £5,000 fine at the Magistrates Court or up to two years imprisonment and an unlimited fine at the Crown Court.
Dog worries, chases, causes suffering to livestock or a financial loss to their owner - punishable by a fine of up to £1,000.
Dog attacks and injures another person’s Dog or other pet - fine of up to £1,000.
Dog deliberately set on livestock or another person’s Dog or pet - fine of up to £2,500.
Keeping a dog without a valid licence may result in a warning, a formal caution, a fixed penalty (£75) or prosecution and a fine of up to £1,000.
Failure to ensure that a dog wears the appropriate collar identification is an offence which could result in a maximum fine of £1,000.
Failure to ensure that a dog has been microchipped is an offence which could result in a maximum fine of £1,000.
Contravention of Dog Control Notice, Licence conditions - fine of up to £2,500.
If a dog strays and is seized by a council dog warden the owner may be issued with a warning, a caution or a fixed penalty fine (£75). The owner may even be prosecuted and fined up to £1,000.
Owning, breeding, selling or making a gift of a dog of a banned type - up to six months’ imprisonment and a fine of £5,000 and in most cases, the court will order the dog be destroyed.
Fixed penalties - Certain offences attract a 'Fixed Penalty Notice' (£75), as well as other sanctions, as an alternative to prosecution. A dog warden may therefore offer the opportunity of discharging liability for the offence through
payment of a fixed penalty as an alternative to having the matter dealt with in court. The offences which can attract a fixed penalty are: (a) keeping a dog without a licence, (b) straying, (c) failing to keep a dog under control on
certain roads and where livestock is present, (d) failing to display identification information on a collar/tag.
Finally, if a Dog has attacked a Person, another person's pet or worried livestock a court may order that the Dog be destroyed and may order that the offender is disqualified from owning a Dog.

Yours Sincerely


Dave Joyce
National Health, Safety & Environment Officer

[chelseachris]

I,Think i will print this off and put it through the door of the crazy alsation owner on my run who does not bother his arse to keep it under control every day it is out and he never walks it on a lead this might give him food for thought.