Breed Specific Legislation Update
Government Response:

Late on Monday evening, 20th January 2003, a discussion and questions session in the House of Commons took place, the questions were from Andrew Rosindell MP. One question he put to the House was the current Dangerous Dogs Act.

For the full text version of the debate please click HERE.

That evening a reply was given to Mr Rosindell MP from Elliot Morely. To read the full reply to MP Rosindell from Elliot Morley please click HERE.

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Dangerous Dogs Defence & Rescue didn't find the references to the Dangerous Dogs Act in any way heartening or at all hopeful after 12 years of Breed Specific Legislation in the UK.

Endangered Dogs Defence and Rescue has written a letter to Mr Morley, this we kept short for a better hope of a reply. The American Bulldog has and continues to become increasingly popular in the UK.

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A copy of the letter sent can be read below:

Dear Mr Morley MP

I write to you concerning the Dangerous Dogs Act legislation and the comments you made in reply to a question posed by Andrew Rosindell MP, House of Commons debates on Monday 20th Jan.

In your reply to Mr Rosindell you refer to the American Bulldog as a pit bull type.

Can you please confirm whether the American Bulldog, a separate breed from the American Pit Bull Terrier, falls under Section One of the Dangerous Dogs Act 1991?

You also made reference to a leaflet due to be published in April, which will assist enforcement agencies with the identification of pit bull types. Why has the Government decided to now publish guidelines 12 years on from the introduction of the Act and at a time when seizures of dogs under Section One of the legislation have been on the decline? Can you also confirm with which individuals or agencies/organisations you will be or have consulted with regarding the identification of a pit bull type for your new leaflet?

I look forward to your reply.

Yours sincerely etc

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Notes:

The EDDR has campaigned against the Dangerous Dogs Act legislation over the past ten years and continues to provide help and advice for dog owners and their dogs caught up in it. With four national helplines set up and a web site, we also work with many other concerned individuals and organisation across the UK.

Since 1991 we have been involved in many of the court cases where innocent dogs such as 'Dempsey' and 'Otis' were prosecuted and persecuted under the Act. (Otis's owner Harry Bates took his case and challenged the Act in Europe with the help of Lord Lester QC, it was unsuccessful, Otis was killed under the law, Harry continues to help run EDDR).

EDDR also provides a rescue service for dogs registered under the DDA, we are able to change 'keepership' under the law and that gives us a way to re-home registered dogs, but some stay with us, as are old and old rescue dogs are not very appealing to most, let alone those resisted as 'dangerous', but all have been extremely friendly, well behaved dogs, we have 12 dogs with us at present. The EDDR provides veterinary treatment, food, homes etc.

We would like to ultimately see the DDA repealed as we feel the Amendment of 1997 didn't go far enough, the burden of proof still remains reversed, 'guilty until proven innocent'. Dogs can and are still judged on their looks rather than their behaviour.

We receive endless enquiries from people who own short coated, muscular shaped dogs which could easily be deemed as a 'pit bull type' and subjected to prosecution as the law presently stands. It is a terrible fear to live under. Other countries thinking of introducing BSL look to the UK and use our DDA as an example to follow.

 

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A copy of the reply recieved can be read below:

Thank you for your e-mail of 24 January to Mr Morley about the End of Day debate in the House of Commons on 20 January.

You asked three questions relating to the Dangerous Dogs Act 1991.

For ease of reference, I have set out your questions with a reply to each one.

Q1. Can you please confirm whether the American Bulldog, a separate breed from the American Pit Bull Terrier, falls under Section One of the Dangerous Dogs Act 1991?

A. Under section 1 of the Dangerous Dogs Act 1991 it is an offence to own, etc any dog of the type known as the Pit Bull Terrier. As you know, neither the "Pit Bull Terrier" nor the "American Bulldog" are recognised breeds in this country. As in all cases, the issue as to whether an "American Bulldog" is considered to be a pit bull type would depend on the individual dog in question and would be ultimately for a court to decide.

Q2. You also made reference to a leaflet due to be published in April, which will assist enforcement agencies with the identification of pit bull types.

Why has the Government decided to now publish guidelines 12 years on from the introduction of the Act and at a time when seizures of dogs under Section One of the legislation have been on the decline?

A. Since the Dangerous Dogs Act 1991 was passed, including the amendment in 1997, the Government has issued eight separate pieces of guidance to police, local authorities and the courts, the most recent being in 1998.

Defra officials continue to receive enquiries from various people whose work brings them into possible contact with pit bull type dogs.

Q3. Can you also confirm with which individuals or agencies/organisations you will be or have consulted with regarding the identification of a pit bull type for your new leaflet?

A. The leaflet is designed to assist people whose work may bring them into contact with the four types prohibited under section 1 of the Dangerous Dogs Act 1991. The police, RSPCA, the Index of Exempted Dogs, the Chartered Institute for environmental Health, the National Assembly for Wales and the Scottish Executive were all consulted during the drafting of the leaflet.

Yours sincerely

PHILIP ALDER
Animal Welfare Division
Defra
Area 506
1A Page Street
London SW1P 4PQ

Copyright © 2003 Endangered Dogs Defence and Rescue Ltd