§ Mr. SawfordTo ask the Secretary of State for the Home Department what powers are available to(a) the Police, (b) local authorities and (c) landowners in order to control dogs in the countryside; and if he will undertake a review of these powers. [156712]
§ Mr. Mike O'BrienUnder section 2 of the Animals Act 1971, where a dog causes damage by killing or injuring livestock, any person who is a keeper of the dog is liable for the damage. If a dog trespasses onto another's land then if the owner allowed the dog to trespass wilfully or to search for game, the owner is liable for any damage to the owner's livestock.
Under section 9 of the 1971 Act a landowner or the owner of the livestock or an employee of the landowner or the owner of the livestock has a defence to killing or injuring a dog worrying livestock if either:
the dog is worrying or is about to worry the livestock and there are no other reasonable means of ending of preventing the worrying; orthe dog has been worrying livestock, has not left the vicinity and is not under the control of any person and there are no practicable means of ascertaining to whom it belongs.The collection and detention of stray dogs is provided for under sections 149–150 of the Environment Protection Act 1990. Animal wardens are authorised officers under the Act and undertake work on behalf of the local authority which is their employer. The police also accept stray dogs when they are brought into police stations. Section 27 of the Road Traffic Act 1988 requires that d9gs be kept on a leash on public roads, and local authorities can make byelaws to require that dogs be kept on a leash in certain parks. public gardens and amenity areas.
Any dogs in an area infected with foot and mouth disease must be kept under control by their owners. This means that they must either:
be kept in a kennel or enclosure from which they cannot escape; orbe effectively secured to a fixed object by a collar and chain; orbe accompanied by and under the effectual control of the owner or a responsible person authorised by the owner.In an area declared to be infected with foot and mouth disease a dog must not run free; if it does, it can be seized by the local authority or the police and treated as a stray.
In addition, a Ministry of Agriculture, Fisheries and Food Inspector may serve a notice on anyone in the infected area to keep a dog under specific controls.
216WDogs which are kept under proper control are not prevented from being moved. Certain sporting activities involving dogs are not allowed in areas infected with foot and mouth disease.
The need for additional powers to deal with foot and mouth is being kept under constant review. This includes the control of dogs in infected areas.
There are no plans to review the wider law relating to the control of dogs in the countryside, although the measures in place to combat the spread of foot and mouth disease are being kept under constant review.
§ Mr. SawfordTo ask the Secretary of State for the Home Department if he will take steps to give additional powers to(a) tilt Police, (b) local authorities and (c) landowners in order to control dogs in the countryside during the outbreak of foot and mouth disease. [156711]
§ Mr. Mike O'BrienAny dogs in an area infected with Foot and Mouth Disease must be kept under control by their owners. This means that they must either
be kept in a kennel or enclosure from which they cannot escape; orbe effectively secured to a fixed object by a collar and chain; orbe accompanied by, and under the effectual control of, the owner or a responsible person authorised by the owner.In an area declared to be infected with Foot and Mouth Disease a dog must not run free; if it does, it can be seized by the local authority or the police and treated as a stray.
In addition, a Ministry of Agriculture, Fisheries and Food Inspector may serve a notice on anyone in the infected area to keep a dog under specific controls.
Dogs which are kept under proper control are not prevented from being moved. Certain sporting activities involving dogs are not allowed in areas infected with Foot and Mouth Disease.
The need for additional powers to deal with Foot and Mouth is being kept under constant review. This includes the control of dogs in infected areas.