Control Of Dogs (Scotland) Act - Scottish Parliament Passes New Dangerous Dogs Law

Dave Joyce, CWU National Health, Safety & Environment Officer has issued an update on the CWU's Bite Back campaign via letter to branches LTB386/10

The LTB is reproduced below in full:

I am extremely pleased to report to CWU Branches and CWU Health and Safety Representatives that the Scottish Parliament has unanimously passed new
Dangerous Dogs legislation that will give Police, Councils and Courts greater powers to impose penalties on the owners of dangerous dogs, including introducing new,
so-called dog 'ASBOs'.

The Control of Dogs (Scotland) Act

The Control of Dogs (Scotland) Act, places a sharper focus on the "deed and not the breed" of the dog, with more 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. As you will well know, there is a very large gap in the Dangerous Dogs Act 1991 where there is a lack of protection against attacks on private property. This means that the Postmen and Women, or any worker visiting the dog's home can be attacked, without criminal charges being brought against the owners who are current 'immune'.

This new Law closes a loophole where if a Postal worker was attacked by a dog on private property, the owner could not be prosecuted and held legally responsible.

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. 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.

The new Scottish Act also introduces new 'proactive' preventative measure in the form of new "Dog Control Notices" (DCNs) known as Dog ASBOs throughout the CWU 'Bite-Back' Campaign. 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 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 could be prosecuted and face a fine of up to £1,000 and have their Dog seized and destroyed. Dog Warden can request Police support at any time when serving "Dog Control Notices" (DCNs).

The CWU is celebrating a victory for the principle of the Law applying everywhere in Scotland and a law concentrating on the ‘deed not breed’ in the control of dangerous or out of control dogs. This is a fantastic step forward in our 'Bite-Back' campaign against ineffective dangerous dogs legislation and we are grateful to Scottish MSPs for
enshrining these important changes in to legislation. We now need the rest of the UK to follow the Scottish lead.

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 legislation aims to modernise the existing "piecemeal" rules and regulations on dogs and therefore this is a very worthwhile bill. It gives local authorities and the police the legislative tools to deal with the growing problem of out-of-control dogs and attacks by dangerous dogs in private places.

The Law also adds another important dimension to the new Scottish dog control system, that being the “preventative regime” of Dog Control Notices".

We have been lobbying members of the Scottish Parliament to support the Control of Dogs (Scotland) Bill since it was introduced as a Member’s Bill by Alex Neil MSP and continued by Christine Grahame MSP after Mr Neil took up a Ministerial position.

Ahead of the final Stage 3 debate the CWU H,S&E Department had lobbied all Scottish MSPs and all Political Parties requesting their support for the new law.

Last year we secured the support of the Scottish Government for the Bill following representations to Scottish First Minister Alex Salmon and Justice Minister Kenny MacAskill.

The bill was passed unanimously on 23 April and was backed by MSPs from all political parties sitting in the parliament.

The CWU is obviously delighted that the Scottish Parliament has signed up to the principle of deed not breed. A dog’s behaviour is largely the result of the rearing and training provided by the owner. The problems caused by dangerous dogs will never be solved until dog owners are made fully accountable and appreciate that they are responsible for the actions of their animals.

Implementation

The Control of Dogs (Scotland) Act is due to receive 'Royal Assent by 21st May and will take affect 9 months from then in around February 2011.

Summary and Background to the Control of Dogs (Scotland) Act

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 also extends the liability of a person where a dog is dangerously out of control under the Dangerous Dogs Act 1991 to all places, not only public places.

The Act repeals the Dogs Act 1871 and the new Act replaces requirements under the 1871 Act with a new regime of dog control notices which can be issued by local authorities without the needs for application to the courts. The new Act also replaces and provides new measures in relation to the Courts power to issue Dog Destruction Orders and Ownership Disqualification Orders. The Act also repeals and replaces the Dangerous Dogs Act 1989, which extends and supplements the Dogs Act 1871.

The Act also amends the Dangerous Dogs Act 1991 to introduce the new offence to allow a dog to be dangerously out of control in any place, whether public or private and extends the police's power of seizure of dogs which are dangerously out of control to all places. The Act additionally amends the Dogs Act 1906 in relation to the offence of injury to livestock (cattle, poultry, sheep etc) by dogs which is now covered by the new Act.)

Northern Ireland, England and Wales.

The CWU campaign goes on. Progress is being made in Northern Ireland as well as England and Wales. The CWU will continue to support all efforts to promote responsible ownership and is working with organisations promoting that aspiration such as the Police, Dog Wardens Association, Dogs Trust and RSPCA.

The CWU's "Bite-Back" campaign across the UK has, after two years of campaigning, also resulted in the Northern Ireland Government agreeing to change the Law and a Public Consultation has just been completed in the first stages of the process.

The Government of England and Wales also finally agreed to change the law earlier this year and the Ministry responsible (Defra) also launched a public consultation which closes in June. The Health, Safety & Environment Department urges CWU Representatives and members to respond to the Consultation. This consultation is seeking views on whether current legislation relating to dangerous dogs adequately protects the public and encourages responsible dog ownership which as we in the CWU know it does not!

This Defra consultation applies to dangerous dogs in England and Wales. Defra want to hear from those who have been the victim(s) of dog attacks, enforcers, animal welfare organisations, veterinarians, dog homes, dog owners, and anyone else concerned about dangerous dogs.

The public consultation can be accessed at this link: http://www.defra.gov.uk/corporate/consult/dangerous-dogs/

PLEASE RESPOND

The General Election and Dangerous Dogs Laws

All three Leaders of the main political parties (Gordon Brown Labour, David Cameron Conservative and Nick Clegg Lib/Dem) have been approached asking for their support and an assurance that whatever the General Election outcome they will continue the existing government's intention to change the Dangerous Dogs Act.

Royal Mail Dangerous Dogs Policy Review Finally, turning to the new Royal Mail Dangerous Dogs Policy review. The new Policy is in the finalisation stages and will be introduced in the summer.

Download a copy of the Control of Dogs (Scotland) Act and the Dangerous Dogs Act 1991 here 

The 1997 amenment to the 1991 Act can be viewed here

Source: CWU

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