Background Part 7: Dangerous Dogs
22.The Coalition: Our Programme for Government included a commitment to:
“ensure that enforcement agencies target irresponsible owners of dangerous dogs”.
23.On 23 April 2012, the Department for Environment, Food and Rural Affairs (“Defra”) announced a consultation(5) on a package of measures to tackle irresponsible dog ownership (House of Commons, Official Report, columns 30WS to 32WS; House of Lords, Official Report, columns 146WS to 148WS). Amongst other things, the consultation sought views on amendments to the Dangerous Dogs Act 1991 (“the 1991 Act”) to extend the offence of a dog being dangerously out of control and to allow owners of dogs seized as suspected dangerous dogs or prohibited types to retain possession of their dogs until the outcome of court proceedings. The Secretary of State for Environment, Food and Rural Affairs published the response to the consultation and announced the Government’s response in a further written ministerial statement on 6 February 2013 (House of Commons, Official Report, columns 15WS to 18WS; House of Lords, Official Report, columns 13WS to 16WS). Draft clauses to give effect to the proposed changes to the 1991 Act, and to clarify how the courts should interpret the test for dangerousness as a result of the High Court judgement in the case of Sandhu,(6) were published by the Department for pre-legislative scrutiny by the Environment, Food and Rural Affairs Select Committee on 9 April 2013.(7) The Committee published its report on 16 May 2013 and the Government’s response on 9 September 2013.(8)
24.During Commons Committee stage of the Bill, Richard Fuller MP tabled an amendment seeking to increase the maximum penalty (currently two years imprisonment) for an aggravated offence (that is, where a dog is dangerously out of control and injures a person or an assistance dog) under section 3 of the 1991 Act (Public Bill Committee, Official Report, 4 July 2013, columns 333 to 352). In response to the debate, the Minister undertook to consult on the issue. Defra subsequently undertook a consultation and in October 2013 published a summary of the responses to the consultation.(9) Section 106 also amends section 3 of the 1991 Act to effect an increase in the maximum penalty.