EDDR Canine legislation update - March 2005:

New legislation affecting all dogs:

The Clean Neighbourhoods and Environmental Bill is proceeding through Parliament and will affect all dogs.

It was published on the 7th December 2004 and had its second reading on 10th January 2005. The Bill extends to England and Wales.

Of particular interest to dog owners will be Part 6 with relates to DOGS:

Chapter 1 deals with the Control of Dogs and powers to make dog control orders.

Chapter 2 deals with Stray Dogs and will be of particular interest to dog owners and rescue organisation as it proposes the ‘termination of Police responsibility for stray dogs’.

1. Dog Control Orders

The Clean Neighbourhoods and Environment Bill, aims to replace the system of
dog byelaws as they are seen as costly and complicated to administer. This proposal was supported almost unanimously by Local Authorities. During the consultation period.

“Local authorities also said that they would welcome the chance to designate areas restricting dog access, but they pointed out that enforcing such a measure would need policing. “

Clauses 55 to 58 of the Bill will create a new system of dog control orders, modelled on the Dogs (Fouling of Land) Act 1996. www.publications.parliament.uk/pa/cm200405/cmbills/011/2005011.htm

The new law will allow other types of dog related offences, which will vary from area to area, including:

• Keeping dogs on leads in specified areas

• The exclusion of dogs from designated areas – banning of dogs from areas specified by local authorities

• Limits on the number of dogs allowed to be exercised by one person at a time

• Increased powers in respect of dog fouling, repealing the Dogs (Fouling of Land) Act 1996

Clause 59 of the Bill enables fixed penalty notices to be issued to dog owners who break a dog control order. Penalties may be issued by persons nominated by a relevant authority, and police community support officers

2. Stray Dogs:

Currently the Police and Council Dog Warden have shared responsibility for dealing with stray dogs.

This Bill terminates the responsibility of the police for dealing with stray dogs, this will become the sole responsibility of the local authority – you will no longer be ale to hand in a stray dog to your local police station.

The police will no longer be able to seize stray dogs (accept those that are causing a
nuisance to livestock).

Currently in most regions Dog Wardens will work Monday to Friday 9-5pm, if a stray dog is found outside of these working hours, the finder usually has the option of handing the lost dog into the police station, although in practice this has been a problem as some stations do not have facilities to accept stray dogs or have been refusing to.

In the event of this Bill becoming law there surely has to be sufficient funding available for Local Authorities to accept stray dogs 24 hours a day, 7 days a week, with proper facilities already in operation, covering all areas prior to the passing of this Bill – otherwise what will happen to dogs found outside of normal working hours?

During the consultation period many Local Authorities supported the transfer of full responsibility providing that they receive adequate funding to operate a 24 hr service, there was also concern from more remote areas in regard to the distance practicalities of transporting stray dogs to kennels.

Please write to your own MP and Minister alun.michael@defra.gsi.gov.uk giving your concerns and asking for assurances in writing, before the Bill becomes Law, that there will be the funding available for practical 24 hour facilities for all stray dogs – in all parts of England and Wales, including those with ‘special needs’ eg, dogs who have been abused and/or injured or are pregnant.

The National Dog Warden Association NWDA Stray Dog Report 2002/03 can be found at www.ndwa.co.uk/reports/report1.shtml

• 104,789 stray dogs were dealt with by local authorities during that year, excluding those dealt with by the police.

• 53% were returned to their owners, of which two-thirds were returned via kennels and the remainder directly to their owners.

• 36% of stray dogs dealt with by local authorities were re-homed with new owners

• 11% were humanely destroyed.

NDWA data of Stray Dogs dealt with by local authorities – UK

Source: NDWA

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EDDR has contacted the Dogs Trust and received a reply from Eleanor Silk, Head of Communications:

Eleanor has explained that the Dogs Trust is very concerned about the section of the Bill which transfers full-time responsibility from police to local authorities.

They have worked closely with DEFRA on this and suggested an Amendment that would impose a statutory duty of care on local authorities to provide adequate measures to ensure that the stray dog problem does not get any worse.

The suggested Amendment has not been taken up (9th march 2005)

Information received from leading canine charity The Dog’s Trust:

FOR IMMEDIATE RELEASE

21 February 2005

CHARITY FEARS NEW BILL SPELLS DANGER FOR THOUSANDS OF DOGS

Dogs Trust voices concern over provision for stray dogs in Clean Neighbourhood and Environment Bill

Dogs Trust, the UK’s largest dog welfare charity, says that the government’s Clean Neighbourhoods and Environment Bill, due to be passed through the House of Commons today, 21st February, could have dire consequences for the stray dog problem.

The Bill proposes to remove any responsibility from the police for dealing with stray dogs and transfer it to local authorities, who would be solely responsible for stray dogs 24 hours a day, seven days a week. Dogs Trust agrees the principle that there should be one body in charge all the time, but is concerned that the funding proposed is wholly inadequate. Dogs Trust has suggested an amendment to the Bill that would help ensure that this legislation does not add to the stray dog problem, but this has been rejected by the DEFRA Minster responsible, the Rt. Hon Alun Michael MP.

In the last year alone, according to a Dogs Trust/NOP survey, there were 105,000 stray dogs collected across the UK, with nearly 10,000 of these being put to sleep simply because their owners could not be traced or new homes found for them. A further survey of local authorities by Dogs Trust showed that a significant proportion, and in one case a majority, of stray dogs are found out of normal working hours. This should be no surprise as this is the period when most dogs are likely to be exercised and therefore stray.

Without a specific duty on local authorities to provide effective cover, dogs which stray out of normal working hours are more likely to be left straying by members of the public who find them as there will be nowhere for them to take the dog. Inevitably many dogs will suffer as a result as they will remain vulnerable to road traffic accidents and the other well-known risks of straying.

Chris Laurence, Dogs Trust Veterinary Director, comments:

“Dogs which stray are usually distressed by the experience and it is not acceptable for the government to allow local authorities to provide an inadequate service and so extend their suffering. Local authorities must be made to take responsibility and be properly funded to do so.”

Dogs Trust considers it imperative that the provision of effective and adequate measures is a statutory duty on Local Authorities and not merely a responsibility. The charity is appealing to the government for a change of heart when the Bill goes to the House of Lords, to ensure that stray dogs are dealt with humanely, promptly and properly.

ENDS

• The Clean Neighbourhood and Environment Bill is due for its third reading in the House of Commons today, 21st February 2005.

• Under current legislation, local authority dog wardens deal with strays during the working week, while any member of the public who finds a stray dog at a weekend or evening can take it to a police station where it will be housed until a council dog warden can pick it up.

• Dogs Trust is concerned that the proposed suggestion of between £1.8 million and £15 million will be inadequate to allow the 440 cash-strapped local authorities in England and Wales to provide an adequate level of service with their own staff.

• Dogs Trust has proposed an amendment to the Bill which makes it clear that local authorities must provide a 24 hour service but may do so by sub-contracting to other organisations such as boarding kennels, charities and veterinary practices. This proposal has been rejected by the DEFRA Minster responsible, the Rt. Hon Alun Michael MP.

Dogs Trust is working towards the day when all dogs can enjoy a happy life, free from the threat of unnecessary destruction.

What can you do to help Stray Dogs?

Help Dogs Trust Save Stray Dogs

Supporter number

Dear {Salutation}

Dogs Trust is asking for your help. Please read this and help us to ensure that stray dogs in this country are given the care and attention they deserve.

The Clean Neighbourhoods and Environment Bill is currently proceeding through Parliament. One part of the Bill deals with stray dogs. Currently the responsibility for dealing with more than 100,000 dogs which stray every year is split between the Local Authority (usually the District Council Dog Warden) and the police. In most areas the dog warden works from 9-5, Monday to Friday (normal working hours) and the police cover the rest of the week. Not surprisingly, a very significant proportion of dogs stray outside normal working hours as that is when most dogs are exercised by working owners. One Local Authority told Dogs Trust that over 50% of stray dogs are reported out of normal working hours.
The Bill proposes to remove all responsibility from the police for dealing with strays. Dogs Trust supports this in principle but is concerned that Local Authorities will not provide an adequate service out of hours because there will be insufficient funding to do so and because many regard animal welfare as a low priority.

Clarissa Baldwin, Dogs Trust Chief Executive and Chris Laurence, Dogs Trust Veterinary Director, have been to see the Minister responsible, Alun Michael, and made him aware of the issue. He has given an assurance that there will be a transfer of funds and the Bill has been amended to prevent the relevant clause becoming effective until that has taken place. However he has refused to accept an amendment that makes it absolutely clear that Local Authorities must provide some facility available 24 hours a day to deal with stray dogs.

Dogs Trust fears that the failure to include in the Bill the duty of Local Authorities to provide a full service will mean that some do not do so. The consequence would be that more dogs suffer and possibly even die as a result of straying.

The Bill has now passed from the House of Commons to the House of Lords so there is still time to amend it. Dogs Trust, with others, will be attempting again to have it amended.

You can help by e-mailing the Minister on alun.michael@defra.gsi.gov.uk and telling him that you believe there should be a clear duty on Local Authorities to provide a 24 hour facility on the face of the Bill.

Please do it now – time is short

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For a copy of the Bill see http://www.publications.parliament.uk/pa/cm200405/cmbills/011/05011.i-vii.html

Background information from http://www.parliament.uk/commons/lib/research/rp2005/rp05-001.pdf

Information on the Bill: www.defra.gov.uk/environment/localenv/leqbill/index.htm