Category: Dogs and the Law

Taking A Lead

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Take The Lead

East London council Tower Hamlets is proposing that dogs should be on lead at all times  in all areas of the borough. The council has reacted to what they identify as “a recent spate of high-profile incidents involving out of control nuisance dogs and their owners”, further stating that “Many residents are nervous about the presence of large and intimidating-looking dogs in the borough’s parks and green spaces.”

It is certainly true that the number of fatal dog attacks has increased hugely, particularly in the last three years, but such incidents are still incredibly rare. Non-fatal incidents are poorly and consistently recorded and are probably under-reported so are difficult to assess. An FOI request made by the BBC resulted in those police forces that responded (in England and Wales) recorded 30,539 offences of an out-of-control dog causing injury to a person or guide dog in 2023. This represents a 21% increase from those recorded in 2022. Whilst this is concerning, knee jerk reactions that restrict all dogs and punish responsible owners is never gong be the answer. The very fact that there has been an increase in incidents proves that the prohibitions of the Dangerous Dogs Act 1991 are an abject failure.

The key to the problem in both the DDA and this proposed PSPO lies in the phrase “intimidating-looking dogs”. No doubt some sections of society purchase dogs precisely because they are perceived as being intimidating, either because they wish to intimidate or they wish to repel others who may be perceived as a danger, much in the same way that people claim to carry knives and guns for their own protection. Again, a  10st XL Bully is going to be more of a problem than a 10kg dog but a bite from the smaller dog is still capable of causing significant injury and, in the unlikely event that a major artery were severed, could also potentially prove fatal. Of course, any puncture wound provides a potential for fatal infection too.

Focusing on what dogs look like rather than how they are behaving and the emotional signals that they provide will led to yet more restrictions and yet more failure. Restriction of off lead exercise also has the potential to cause more incidents as dogs and humans become frustrated. Blanket restrictions hugely disadvantage time and resource poor owners who may not be able to travel out of borough to let their dog off lead on a regular basis.

The council run consultation closed in November and, in addition to the official responses, has engendered a wave of protest from locals and the wider dog community. Cash-strapped councils lack the resources to police such impositions and the cynical may feel that fixed penalty notices of £100 per violation may be a revenue raising venture. Un-policed legislation merely increases the ability of irresponsible owners who have no intention of complying with regulations and laws that they have caret blanche to behave as they want whilst compliant owners are forced to restrict their dogs for no reason.

Both owners and the council require education in dog behaviour because even dog wardens and Dog Legislation Officers are not behaviourists and may not have a full understanding of the consequences of draconian bans.

The root of the solution, as ever, lies in education and training using positive reinforcement techniques.

Time for the enlightened to take the lead.

Going Out With A Bang?

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Going Out With A Bang?
Sarah Owen has introduced a private members bill in an attempt to restrict the sale and use of fireworks; it is currently in a second reading in the House of Commons. The effort is support by the Dogs Trust and supports a study which they undertook in 2021 that found that more than half of owners surveyed said that their dogs were afraid of fireworks.

Research by The Kennel Club’s Petlog has found that there was an 81% increase in dogs reported as missing (not to mention cats) compared to two weeks prior to the count. Not only are there more events that are “celebrated” using fireworks than in past decades, those events are not confined to the dates of the events but spread over a couple of weeks including weekends before and after. Fireworks are also easily available to those who deliberately intend harm.

So of course, it is not only dogs that suffer: in addition to other animals, fireworks engender pollution and anti-social behaviour and strain already overstretched resources whilst breeches of existing law are simultaneously inadequately policed. The Home Office recorded a 60% increase on the number of attacks on emergency service personnel in the last decade. Restricting sales and displays to public events only will be a lot safer as well as making it possible to predict noise and take suitable precautions.

There are plenty of alternatives to fireworks in addition to quiet fireworks for those who insist on noise as it is unlikely that an outright ban would ever succeed. Economic constraints have led to a decline in public displays for several years in succession so it is important that potentially dangerous private displays are policed adequately.

Unfortunately only 3-6% of private members bills are passed, but Sarah Owen is to be congratulated on her persistence. In the meantime, adding weight to campaigns is always helpful as it can put further pressure on government to take heed.

In the meantime, there is a lot that can be done to desensitise animals to noise and lights flashing in the months leading up to firework season as well as mitigating the effects during the events.

 

Bananas Or Abominable?

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Banas or abdominal Renowned behavioural scientist Clive Wynne recently wrote a book entitled Dog Is Love. It raised a few eyebrows amongst canine behaviourists, perhaps because of an earlier book by Gregory Berns, How Dogs Love Us. This book describes a seminal study which was the first to train dogs to tolerate an MRI scanner and which has led to further groundbreaking studies. None of those studies show “how dogs love us” as it was never the intention.

Wynne’s title however, was not mere clickbait. He in fact describes peer-reviewed research that could quite plausibly be used to conclude that dogs can  “love” humans.

Whether you attribute canine reactions to humans as “love” or not, it might have seemed that Clive Wynne would be an unlikely participant in a study that justifies using shock collars.  It’s not the first time that dogs have been electrocuted in the name of science, but now we have ethics committees that should not even countenance it. There are dozens, if not hundreds, of peer-reviewed papers that show clearly the deleterious effects of punishment used during training and the opposite effects of positive reinforcement training. Not only is the use of fear and pain-inducing methods unethical it is, in the long term, ineffective.

This is a poorly designed study that seems to have passed into publication much more quickly than is normal in the peer-review process and that has been highlighted as, at the very least, demonstrating that, not surprisingly, shocking dogs with electricity hurts. This is rightly condemned by ethical professional training bodies.

This study should be withdrawn, not only because it is unethical, but because there are serious concerns about the methodology and the validity of its conclusions. Using shock collars has real-world consequences for dogs. Shock collars often cause more problems than they are intended to solve and can result in dogs and people being injured or worse whilst doing nothing to protect wildlife and livestock.

So when will the government pull its finger out and ban shock collars in England and Wales? We might smugly designate ourselves as a “nation of animal lovers” but we are way behind where this is concerned. It is seen in some quarters as being politically more expedient to persecute people for hunting with hounds and the current incumbents at Westminster propose to ban even trail hunting.

The consultation on banning shock collars has been kicked into the long grass since 2018 in spite of the conclusion that it should be included in provision of the Animal Welfare Act 2006. Had it been in place, Wynne’s study would not even have been considered.

Meanwhile, don’t shout “Banana” at your dog in the hope that he will stop chasing livestock and wildlife, get positive reinforcement training from a qualified professional and learn how to do it effectively and ethically.

 

King’s Speech Stutters

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King's speech stutters No one could disagree that the incoming government has its work cut out. Months before the election, the Labour party did everything it could to manage expectations – aka prepare everyone to be disappointed.

 

What no one could have foreseen is just how completely the now incumbent government would ignore animal welfare. When the Kept Animals Bill was dropped by the Tories in June 2023, there was an attempt to revive it which failed in the Commons by 73 votes.

This means that the attempt to enhance the offences for dogs worrying livestock and to crack down on import offences has now been lost – again. The loss of the Bill also affects other companion animals, animals in zoos and primates kept as pets.

Labour support for the revival has now melted now that they are no longer in opposition. How easy to attack the other party but how quickly that was abandoned once the party obtained a majority of 174, albeit with a mere 33.8% share of the overall vote.

In announcing a massive 40 bills, the Labour government could make room for a bill covering its leader’s much vaunted hobby of football, but nothing on the desperately needed reform of the Veterinary Surgeons Act 1966 and the tragically ineffective Dangerous Dogs Act 1991.

The honeymoon period for this government was always expected to be brief; it has probably lost a lot of friends already by its acts of omission and, indeed, omission of Acts in the field of animal welfare.

Dog Days Of A Dying Government

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Dog days pf a dying government As the remnants of the outgoing government struggle to accrue support ahead of next month’s general election, they have ditched the Dogs (Protection of Livestock) (Amendment) Bill (farmers don’t pull in enough potential votes) in favour of the populist Pet Abduction Act.

Of course, both would be preferable.

The Kept Animals Bill was abandoned a year ago with the promise that individual legislation would be passed to cover its remit that could have protected billions of animals. That was after huge amounts of promises were broken with the abandonment of much of the 2021 Action Plan for Animal Welfare.

Companion animal abduction is rife and devastating for those affected. But then again, so it the harm caused to livestock by dogs. Perhaps we could have had both had the government not wasted so much time on yet more knee-jerk and totally ineffective legislation banning XL bullies.

Of course, livestock attacks and much theft are preventable with responsible ownership, including proper training and not leaving dogs unattended or with poor recall.

 

Full Marks To EFRA

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Full Marks To EFRA The EFRA Committee has always been a champion for animal welfare and is now putting pressure on the government to enact some of the legislation that they promised originally in their manifesto.

The report acknowledges that it is not just missing legislation but improvement that is required to current legislation in addition to providing sufficient resources to police and enforce it.

In particular as far as dogs are concerned, they look at breeding, imports and illegal veterinary procedures. There is a recommendation that all breeders be registered, regardless of the number of litters that they produce. They also recommend reducing the number of litters produced annually to 2 before a licence is required.

There has been huge growth in canine fertility clinics which can operate without any regulation and with unqualified staff. They seem to be used mostly to produce dogs that have been bred so badly that they cannot mate or give birth without human intervention, in particular bull breeds and pugs. Some are performing illegal C-sections without a vet and some are advertising their services specifically for breeding aggressive dogs.

Thousands of dogs are being imported into the UK, many illegally on Pet Passports. Some have forged papers. There is a huge risk of importing diseases, including rabies, and there is concern that cases of brucellosis are increasing, with zoonotic transmission having occurred between an owner and a dog imported from Belarussia.

There are many very good recommendations in this report and it is to be hoped that some legislation can be enacted before the general election.

Dog Theft On The Rise – Again

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Dog Theft On The Rise - AgainThe insurer Direct Line has undertaken a survey into dog theft and found that 2,290 dogs were reported as being stolen in the UK in 2023, representing a 6% increase on figures from 2022.

Only 16% were returned which is the lowest success rate in the 9 years since Direct Line have been publishing their survey.

Bull breeds top the list currently, with the trade in stolen dogs being brisk in XL Bullies since the ban was implemented. As expected, implementing a ban has done nothing to deter the criminal fraternity from breeding and selling XL bullies to bolster their activities. Prior to the ban, XL Bullies were not being reported as being stolen, but 37 dogs went missing last year. The decrease in returning dogs to their owners is an alarming 36% since last year.

Most dogs (359) were stolen in London with Kent (138) and West Yorkshire (125) police authorities second and third.  Not all constabularies responded so the figures are likely to be an under estimate and only represent the thefts that were reported.

In spite of this, many owners do not have the legally required tag on their dog when out – indeed, many do not even have a collar. The laws requiring dogs to be on lead when on a road are routinely broken and it is still common to see dogs tied up outside shops and cafés. Even in parks, many owners pay more attention to their mobile telephones and children or other people than their dogs.

Next time it could be you.

For the sake of your dog, pay attention at all times when out, don’t ever leave your dog unattended – and that includes in gardens – and get some training so that your recall is reliable.

Thanks a bunch Scotland

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Thanks a bunch Scotland Yet more bad news for those of us who care about canine welfare and want to find effective solutions to problems caused by a variety of dogs and a variety of owners.

The fact that Scotland is implementing a ban on XL Bullies is another blow to the effective management of dangerous situations involving dogs, although, understandably, the large influx of dogs is potentially problematic from he country. Replicating an ineffective and potentially dangerous measure is hardly the answer though.

First Minister Humza Yousaf said “…ultimately, although we do have a very good system of dog control notice schemes, and we do take the approach of deed not breed, we have to respond to the situation as it currently stands and therefore we will do what we need to do to ensure public safety.”

Well they patently do not “take the approach of deed not breed” otherwise the ban would not have been considered. Further, Community Safety Minister Siobhain Brown had warned that it is “important to ensure that Scotland does not become a safe haven or a dumping ground for XL Bully dogs from England and Wales”.

Why not a safe haven? Again, this assumes that there is no such thing as non-problematic XL Bully. Meanwhile there is still some leeway for kennels to register XL Bullies in their care as long as the intake was agreed by October 31st, 2023 and the dog was in their care by December 30th, 2023.

 

How Many Dogs Will Die In 3 Years?

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How Many Dogs Will Die In 3 Years? There’s good news and bad news for dogs in South Korea…The government has announced that it will ban the selling of dog meat in three year’s time.

The “grace” period is being deemed sufficient to allow existing businesses to transition to another trade.

Boshintang (dog meat stew) is a traditional delicacy but a 2023 Gallup poll found that just 8% of those polled admitted to having tried dog meat in the previous 12 months, a reduction from 27% in 2015. Fewer than a 20% of those polled said that they supported the consumption of the meat. Even allowing for a reluctance to admit to an unpopular practice, figures are low.

Once the new legislation is in place, convicted dog butchers will face up to three years in prison and anyone convicted of rearing dogs for meat two years. Details have yet to be announced of compensation for dog meat restaurants.

This is no doubt due to the spread of cultural change prompted by the spread of information globally and the rise in the keeping of dogs as companion animals. Whilst it is to be welcomed, it won’t help the dogs that will be butchered, perhaps under less than ideal conditions, over the next three years. However, it may act as an exemplar for other south Asian countries where the practice still continues.

Banned!

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Banned!Stop Press! A judicial review of this decision was granted on April 24th, 2024: watch this space for news.

Meanwhile, there have been 8 fatalities already this year, 3 of which did not involve XL bullies. BSL restrictions neither prevented the deaths of the people or the dogs.

Well here we are, with thousands of owners finding that their dogs are now a banned breed…and here we are with goodness knows how many dogs being dumped, stranded in kennels and worse.

Owners of dogs too young to be neutered have some leeway but that has not prevented abuse. 4,000 dogs had been registered by mid-December, with just 2 weeks to go before the ban came into force. Estimates of the number of XL bullies varies widely but most sources cite many more than 4,000 and there is considerable doubt as to how many dogs may be pulled into the remit when they had not previously been regarded as being an XL Bully.

 

There is plenty of peer-reviewed evidence which shows that breed specific legislation in force across a wide range of jurisdictions does not work, but the current government are not interested in “following the science”. Neither are they interested in putting sufficient resources into tackling the real problems that underly the shocking rise in injuries and fatal dog attacks in the UK.

Needless to say, the fear is that dogs with no previous history of problem behaviour are far more likely to start developing problems if permanently restricted by this tragic and ineffective ban.

Meanwhile, vets, already under great pressure, are faced with impossible options. They are not the police, they are not obliged to euthanise a healthy dogs regardless of the £200 bounty put on the head of every XL Bully by the government. Many owners will not realise that they have to pay for euthanasia and then reclaim the fee; neither do they realise that this may not cover the full cost, including disposal. What are vets supposed to do if they get a request for euthanasia from someone who is not the registered owner?

A BVA Survey found that 90% of vets are owed money by clients and many treat animals without a realistic hope of being paid or provide large discounts on expensive treatments. Even where a debt could be chased, it may not be viable in terms of time and cost to do so.

This knee-jerk reaction that has been railroaded through by a failing government is only going to add to the pressure and result in far worse welfare for dogs. A grim start to 2024.