New Dog Law for Wales:

Public Consultation – Control of Dogs (Wales) Bill

This public consultation began on the 23/11/2012 and closes on the 01/03/2013.

Your opinions are being sought in a public consultation which is asking for your views on a proposed Bill - the ‘Control of Dogs (Wales) Bill.

The welsh Assembly plan to introduce the proposed Bill in Spring 2013 and if the Bill was passed by the Welsh Assembly, the legislation which includes changes in current law would apply Wales.

The proposals include:

- The introduction of ‘dog control notices’ (DCNs).

- The extension of Section three (which applies to all breeds/types of dog) of the Dangerous Dogs Act 1991 to cover any place (i.e. inside your home) whether or not a public place in Wales.

- The extension of Section Three, aggravated and non-aggravated, of the Dangerous Dogs Act 1991 which currently applies to a person and under the proposed changes would be extended to also apply to - all protected animals (protected animals are defined under the Animal Welfare Act and include dogs and cats).

For example; your dog chasing a cat in your garden could become a criminal offence in Wales, as could your dog defending your home from a burglar – there are no defences given in the draft Bill.

- An amendment to Section one (4A) offences and section 4b applications (DDA 1991, as amended)

There are also changes proposed on the draft Bill relating to those found guilty of being a prohibited type - the breed specific element of the DDA legislation – currently the court can order a dog is exempted once satisfied that the dog would not ‘constitute a danger to public safety’ – the Welsh Bill seeks to amend this – the court would also need to be satisfied the dog would not constitute a danger to the safety of protected animals (for example other dogs and cats).

If the court is unable to order exemption the only other alternative is a death sentence and this is based largely on how a dog looks –its physical appearance.
It is a dismal state of affairs that the Welsh government do not propose to scrap flawed BSl altogether and lead the way out of the dark ages, but no, they intend to make exemption more difficult which as it stands will result in the deaths of even more innocent family companions and there are also plans to increase the exemption fee-payable to the Index of Exempted Dogs which is run by Defra.

The full details of the consultation are available online here

To download your consultation explanation and questions go here

To read the draft Bill which is proposed and will affect dogs and their owners in Wales can be found here

How to respond:

Please submit your comments by 01 March 2013, in any of the following ways:

Email:
companionanimalwelfare@wales.gsi.gov.uk

Post:
Animal Welfare Team
Environment and Sustainable Development Department
Welsh Government
Cathays Park
Cardiff CF10 3NQ

'Control of Dogs' Bill - Wales:

The Welsh government has announced it intends to introduce a new ‘control of dogs’ bill in Spring 2013. If passed through the Welsh Assembly the bill would become new legislation which will be applied to Wales (not England, Scotland or NI).

The First Minister of Wales, Carwyn Jones stated that the new bill to ‘tackle dangerous dogs’ will be among the Government’s legislative priorities and said:

“Last year I set out the Welsh Government’s five year legislative programme of over 20 bills to help improve public services and create opportunities for everyone.
“When I announced our legislative programme I said we would consult and engage with the public and stakeholders through Green and White Papers and strike the right balance between what is on the face of an Assembly Bill and what detail is left to subordinate legislation. We have done exactly that."

It isn’t yet possible to read the details contained within the Bill, the pre-ballot information below gives some detail. The main points of change, if passed would be:

• The compulsory micro-chipping of dog by a specified date*
• The extension of section 3 of the DDA** to cover all places
• The introduction of Dog Control Notices which are issued by local authorities and the courts

 * Could be introduced under section 12 of the Animal Welfare Act 2006, enforcement would be the responsibility of local authorities.
** Dangerous Dogs Act - section three - applies to all types and breeds of dogs.

The announcement has been made whilst the public consultation, asking for views and opinions on the compulsory microchipping of dogs, is still in progress (ending on 8th August).

Bill-041 - Julie Morgan - Control of Dogs (Wales) Bill
Pre-ballot Information - Policy Objectives of the Bill:

1. Owning a dog brings many responsibilities for the dog owner and the Bill will highlight these and seek to promote the welfare of dogs through responsible care and control by owners.

2. The law currently requires every dog to wear a collar and identification disc specifying the name and address of the owner. However, in practice this legal requirement neither deters theft of a dog nor provides a fail safe way of identifying and tracing the owner of a dog. The fitting of an electronic transponder to a pet (commonly called “micro-chipping”) is now recognised by animal welfare agencies as the most effective and secure way of permanently identifying a pet. A unique identification number is registered to the animal and the owner's details are placed on a national database.

3. The Bill will provide for the compulsory micro-chipping of dogs in Wales by a specified date, the setting up and management of such local and national databases as are necessary, and the compulsory registration of information including the unique identification number and name and address of the owner with sanctions, including penal, where an owner or other relevant person in charge of a dog fails to do so.

4. The Bill will focus on the "deed not the breed" approach in tackling irresponsible dog ownership and will seek to identify dogs which are deemed “out of control” at an early stage with a view to taking measures which are likely to change the behaviour of these dogs and their owners before the dogs become dangerous.

5. The Bill will widen the scope for local authorities and courts to intervene where a dog's behaviour is deemed to be out of control. The Bill will define categories of persons in charge of a dog and their responsibilities and set out the circumstances when a dog is deemed to be out of control. It will set up a scheme for bringing dogs deemed to be out of control back within control, harnessing the expertise and skills of existing local authority officers, relevant persons in the employment of animal welfare agencies and others. The Bill will make provision for Welsh Ministers to issue guidance where appropriate.

6. The scheme will, inter alia, empower a local authority to serve a notice in writing on a person in charge of a dog when it is satisfied that the dog is deemed to be out of control. The purpose of the notice is to ensure the person having charge of the dog brings and keeps the dog under control. The Bill will provide that a notice can require a person in charge of a dog to take one or more stipulated steps including:

a) If the dog is not already micro-chipped, comply by a specified date;
b) ensure the premises where the dog is kept are suitable, appropriate for its welfare and safety and secure;
c) keep the dog on a lead and muzzle it at specified times and/or in specified places;
d) keep the dog out of specified places or areas;
e) neuter the dog if male; and
f) together with the dog, undergo and successfully complete an accredited training course in the control of dogs.

7. This list in paragraph 6 is illustrative and not exhaustive; Welsh Ministers will be empowered to add by Order other steps which may be included in the notice; other steps which the local authority in the exercise of its discretion considers necessary may also be included in the notice.

8. The Bill will provide for other information to be set out in the notice, empower Welsh Ministers to prescribe its format and afford a right of appeal to the courts against the service of the notice or its content together with a right to apply to vary or discharge the notice after a period of time in force and a right of appeal against refusal.

9. The Bill will place a duty on local authorities to keep a record of notices served and monitor and enforce compliance. It will also empower a local authority to apply to the court for an order destroying a dog where a dog is out of control and dangerous or unresponsive and it is inappropriate to serve a notice

10. The Bill will confer on the courts:
a) power to enforce and effect compliance with a notice;
b) where the court thinks fit, power to direct a local authority to serve a notice, the court to specify the steps to be included in such a notice;
c) power to make a destruction order in the circumstances described in paragraph a) above; and
d) such other powers as are necessary.

11. The Bill will also amend the Dangerous Dogs Act 1991 so that a dog owner can be held criminally responsible where a dog is found to be dangerously out of control in any place (rather than, as is the present case, only a public place or private place where a dog is not permitted to be). This will meet the case of postal and other workers vulnerable to attack when the individual’s work expressly requires him/her to enter on to premises where a dog is permitted to be.

12. The Bill will provide for any consequential amendments or repeals of existing legislation applicable in Wales within the Assembly’s legislative competence.

A public consultation seeking views on the compulsory microchipping of dogs was held by the Welsh Assembly and ended on the 8th August 2012.

Anti-BSL Peaceful Protests-UK

These peaceful protests have been organised through the social networking site - Facebook, the events are not organised by us.


A-Z. For details, information and updates, please visit each link to find out more:


Belfast - Peaceful Protest for Lennox
Saturday 11th August
1-4pm
Outside Belfast City Hall
BT1 5GS
Event Details


Birmingham Peaceful Protest against BSl
Saturday 15th September
11-3pm
Victoria Square, Waterloo Street


Cardiff Anti-BSL Peaceful Protest
Meeting at the Anirin Beven statue at the bottom of Queen Street
Saturday 28th July
11am - 3pm


Crawley Peaceful Protest Against BSL
Crawley, West Sussex -meet by the bandstand in the main Queens square from 12 MIDDAY.
Saturday 28th July 2012
12 Noon – 2.30pm
NO DOGS PLEASE


Glasgow Peaceful Protest against BSl marking 21st Anniversary of DDA
Sunday 12th August
12-3pm
George Square G2 1DU


London - Peaceful Protest against BSl marking 21st Anniversary of DDA
Sunday 12th August
12-5pm
Old palace Yard, Westminster SW1
No Dogs
Event Details

Liverpool Peaceful Protest against BSL marking 21st Anniversary of DDA
Saturday 11th August
12noon-4pm
Lime Street Station
Liverpool L1 1JJ
No Dogs
Event Details


Nottingham Peaceful Protest Against BSL
Speakers Corner/Brian Clough Statue at the junction of King Street and Queen Street.
Saturday 28th July 2012
11am – 4pm
Please DO NOT bring dogs.


Peterborough-Anti-BSL Peaceful Protest
Saturday 6th October
11-3pm
The Embankment PE28
No Dogs Please
Click Here

Wolverhampton-Peaceful protest Against BSL
Queens Square, Wolverhampton
Saturday 4th August
11am – 3pm
Click Here

Peaceful Anti-BSL Protests - UK

These peaceful protests have been organised through the facebook social networking site (not by us) where you can find a group/page for each venue, with further information and details. Leave dogs at home unless otherwise stated.

Being held on Saturday 14th July 2012 at 11am.

Six peaceful protests will be taking place around the UK.

These protests will be calling on the Department for Environment, Food and Rural Affairs to repeal Section 1 of the Dangerous Dogs Act.

Section 1 is Breed Specific Legislation which has been shown as ineffectual with regards to protecting the public and other animals from so-called ‘dangerous’ dog breeds.

We believe that innocent family pets should not be seized simply because of how they look. A large number of dogs who have never shown any aggression, or posed any threat, have been killed or held in secure kennels for months, sometimes years, just because they fit the ‘type’ profile.

Any dog, regardless of breed, can be dangerous when in the wrong hands; it is those wrong hands that the law should focus on. If you believe that it should be the deed, not the breed, join our fight for their right to life by attending one of these peaceful protests:

Check with the groups listed below on facebook in case any details have changed.
Website: Peaceful Protests Around the UK Against the DDA
Email: londonprotest@btinternet.com


Brighton - The Pier, Madeira Drive 11am and then then a walk along to The Ocean Room on Morley Street. No Dogs please. Visit the facebook event page 'Brighton Peaceful Protest Against Sec 1 (BSL) of the DDA'

Cardiff - Meet outside the Castle - Queen Street. Visit the facebook group - 'Welsh Protest Against BSL'

Glasgow - George Square. Visit the facebook group - 'Glasgow Protest Against BSL'

Hampshire - Southsea Common. Visit the facebook group - 'Hampshire Protest March Against BSL'

London - 11am -3pm Old Palace Yard - Westminster. Visit the facebook group 'London Protest March Against BSL' Facebook Event page - 'London Protest Against BSL' Dogs best left at home please

Manchester - Piccadilly Gardens, Visit the facebook event page 'Peaceful Protest Around the UK-Manchester Demo' No Dogs please.



The organisers hope to be making this a yearly event, next year America, Australia and France will be joining in on the same day.
Date to be confirmed and we hope many other countries who are affected by BSL will join.

Sentencing Guideline for Courts - DDA:

Following a public consultation, the Sentencing Council has issued a guideline which has been published both in a Crown Court version and as an update to the Magistrates’ Court Sentencing Guidelines and will be used by the courts in England & Wales from 20 August 2012 when sentencing under the DDA - Dangerous Dogs Act 1991, as amended.

We responded and submitted out views to the sentencing council during the public consultation which received more than 500 responses individuals, judges and magistrates, the police, animal welfare organisations and many others with expertise or interest in the issue.

Sentencing guidelines are used by the courts and set sentencing ranges within current legislation-the actual legislation hasn’t changed. When/if legislation changes, sentencing guidelines are amended as necessary.

This guideline covers six dangerous dog offences in the Dangerous Dogs Act 1991, as follows;

• owner or person in charge of a dog dangerously out of control in a public place, injuring any person;
• owner or person in charge allowing a dog to be in a private place where the dog is not permitted to be, injuring any person;
• owner or person in charge of a dog dangerously out of control in a public place;
• owner or person in charge allowing a dog to be in a private place where the dog not permitted to be which makes a person fear injury;
• possession of a prohibited dog (These are the Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Brasileiro); and
• breeding, selling, exchanging or advertising a prohibited dog.

The new sentencing guidelines for courts in England & Wales can be found here;
http://sentencingcouncil.judiciary.gov.uk/guidelines/forthcoming-guidelines.htm

The Sentencing Council issued the following:

A tougher approach to the way those convicted of dangerous dog offences are treated by the courts is contained in a new guideline from the Sentencing Council published today.

In recent years, there have been increasing numbers of convictions for offences involving dangerous dogs, and this new guideline helps ensure courts use their full powers when dealing with offenders.
It aims to provide clear guidance to sentencers so there is a consistent approach to sentencing and appropriate sentences are given to the owners of dangerous dogs.

The sentencing ranges mark an increase in sentencing levels from current practice. The top of the sentencing range for owners allowing their dog to be dangerously out of control injuring someone has been set at 18 months custody in order to encourage the courts to use more severe sentences when it would be appropriate to do so.

The top of the sentencing range for possession of a prohibited dog has been set at the legal maximum of six months custody to encourage courts to use the full range of their sentencing powers for the most serious cases.

The new guideline will mean more offenders will face jail sentences, more will get community orders and fewer will receive discharges.
The guideline will also help courts make the best use of their powers so that irresponsible owners who put the public at risk can be banned from keeping dogs, genuinely dangerous dogs can be put down and compensation can be paid to victims.

The guideline covers the most commonly sentenced offences in the Dangerous Dogs Act 1991, such as allowing a dog to be dangerously out of control causing injury and possession of a prohibited dog. In situations where someone deliberately sets a dog on another person intending to injure them, the offender is likely to be charged with assault, rather than one of these offences.

Anne Arnold, district judge and member of the Sentencing Council, said:
“We are very grateful to all those who responded to the consultation and helped shape the final guideline. Our draft guideline was well received, but we have listened to respondents and made a number of changes as a result of the consultation to make it as effective as possible.
“Most dog owners are responsible and take good care of their pets, but we’ve seen more and more cases coming before the courts of owners who have put the public at risk or let their dog cause injuries – sometimes very serious – to people.
“As a result, this new sentencing guideline encourages courts to use their full powers when dealing with offenders so that they are jailed where appropriate. It also gives guidance to courts on making the best use of their powers so that people can be banned from keeping dogs, genuinely dangerous dogs can be put down and compensation can be paid to victims.”

Trevor Cooper, Legal Consultant for Dogs Trust, said:
"Dogs Trust welcomes the Guidelines which will assist with the consistency of sentencing in this area. These new guidelines will encourage courts to focus on the key factors of culpability of the owner and the amount of harm to the victim. This tougher approach should serve as a stiff reminder to dog owners to keep their pets under proper control and to behave responsibly.”

Peter Chapman, Chairman of the Magistrates’ Association Sentencing Committee said:
“The Magistrates’ Association welcomes the new guideline as the Sentencing Council has listened and responded to many of our members' concerns about sentencing these cases involving dangerous dogs. For the first time, magistrates will have all they need in one document to help them sentence the offender, disqualify him from future dog ownership if appropriate, order compensation to the victim and order destruction of the dog if necessary.”

The new guideline and associated documents can be downloaded from www.sentencingcouncil.org.uk

Defra Public Consultation-Dogs & the Law

There is still time to have your say on the Defra Public Consultation 2012

This is a public consultation which was launched on the 23rd April 2012 and ends on 15th June 2012.

In April the government announced a package of proposals which they support to ‘tackle irresponsible dog ownership’.

The last Government held a public consultation on the issue of ‘dangerous dogs’ two years ago (full details on our web site.

The current government plans to introduce new measures, some of which will affect all dog owners in England, including

•Extending the criminal offence of allowing a dog to be dangerously out of control to private property (where the dog has a right to be);

•Compulsory micro-chipping of dogs;

•Removing the need to seize and kennel all dogs where court proceeding are pending; and

•Increase the fee for placing a dog on the Index of Exempted Dogs

How you can respond:

Anyone may reply to this consultation. Defra would like to hear from anyone with an interest in responsible dog ownership, including: enforcement agencies; people working with dogs; animal welfare organisations; dog keeping organisations; and the general public.

Responding Online:

You can complete the survey on-line at: www.surveymonkey.com/s/dogsconsultation2012
(This survey does not collect any personal data.)

Responding by Email:

Alternatively, you can e-mail your response to: animalwelfare.consultations@defra.gsi.gov.uk

Responding by Post:

You may also send your comments, or any requests for copies of the documents, by post to:
Dangerous Dogs Team
Animal Welfare
Area 8B, 9 Millbank
c/o 17 Smith Square
London
SW1P 3JR

Any comments on the proposals in this consultation document need to be sent in by 15 June 2012.

Microchipping of Dogs - Welsh Consultation:

Welsh Government Public Consultation 2012 – Microchipping of Dogs:

This consultation will consider whether all dogs in Wales should be microchipped, new plans were put forward this month by the Environment Minister, John Griffiths.

A public consultation, where you can have your say, will run from 16th May 2012 until 8 August 2012. We contacted the Welsh Government to clarify who can respond and they have confirmed that any individual or organisation can participate-the consultation is not confined to Welsh residents.

How To Respond:

Up to the 8th August 2012

You can participate by using:

- the online form: Respond Online Here
- by email to: companionanimalwelfare@wales.gsi.gov.uk
- by post to: Animal Welfare and By-Products Branch, Office of the Chief Veterinary Officer, Welsh Government, Cathays Park, Cardiff CF10 3NQ

Welsh Government News Release:

Minister proposes microchipping for all dogs in Wales. New plans to help improve the welfare of all dogs in Wales have been set out by Environment Minister, John Griffiths. Wednesday 16 May 2012The Minister has launched a consultation that considers whether all dogs in Wales should be microchipped. Under the plans information included in the microchip, including details of the pet’s owner, would be recorded on an approved database.

The Welsh Government estimates that there are currently just short of half a million dogs in Wales and that 30% of households in Wales own at least one dog. The plans are aimed at encouraging all dog owners in Wales to take responsibility for their animals in line with the aims of the Animal Health & Welfare Strategy. The Environment Minister said:

“There’s no doubt that Wales is a nation of dog lovers, with around three out ten households in Wales owning at least one dog.
“We believe that the majority of dog owners in W+ales are responsible and take good care of their animals. As a Government we are committed to building on this to ensure high welfare standards for all dogs.

“Microchipping ensures a permanent identification for animals and only needs to be done once in a dog’s life. It makes it easier to reunite lost dogs with their owners, acts as a deterrent against dog theft, and helps to prove dog ownership if there are ever any problems with the animal.
“The consultation sets out five options for how we might drive up levels of microchipping and I welcome the views of all interested parties.”
Compulsory microchipping could:

Improve animal welfare by making it easier to return a stray dog to its owners
Develop responsible dog ownership by ensuring greater traceability of owners
Help to establish liability and prove ownership
Assist in control measures in case of diseases that can be passed from dogs to humans
Deter dog thef

Microchipping of dogs is widely available across Wales. The Dogs Trust is currently offering microchipping at £10 per dog.

The plans to introduce compulsory microchipping are just one aspect of the work to increase dog welfare. The Welsh Government is currently consulting on regulations to control dog breeding and help improve standards of living for dogs. It is also considering bringing forward primary legislation that would help to manage uncontrolled and potentially dangerous dogs.