HL Deb 25 October 1990 vol 522 cc1681-4WA
Lord Lucas of Chilworth

asked Her Majesty's Government:

Whether they will make a statement on his review of model by-laws for the regulation of dogs in the light of comments received in response to the Department of the Environment consultation document Action on Dogs.

The Minister of State, Home Office (Earl Ferrers)

On 10th August 1989 the Department of the Environment published a consultation document,Action on Dogs, which sought views on various issues, including the content and operation of the Home Office model by-laws. Comments were submitted by 126 local authorities and other bodies and these have been carefully considered in the light of our experience in dealing with dog by-law applications since the models were last reviewed in 1987.

When reaching his conclusions, the aim of the Home Secretary has been to offer a wide range of possible by-law provisions for dog control which can be used by local authorities in a variety of combinations to produce schemes tailored to meet local needs.

By far the largest number of those commenting suggested making the "poop-scoop" by-law more freely available. This makes it an offence for a person in charge of a dog to fail to remove any faeces it may deposit in designated parks, recreation grounds and open spaces. At present the by-law may be applied to any children's playground or sports pitch, beaches and promenades in the summer season, trunk road picnic sites, and picnic areas in country parks, but it may only be applied to parks and open spaces where there are alternative uncontrolled areas. Experience of operating the by-law has shown that, while it has been successful in designated parks, uncontrolled areas nearby tend to become heavily fouled. We consider that it is reasonable to expect dog owners to clear up after their pets in places used by other members of the public, including children. Therefore my right honourable friend has decided that he will be prepared to confirm "poop-scoop" by-laws for any park, recreation ground or open space, except heaths and woodlands, where the local authority considers them appropriate and without the need to provide alternative uncontrolled areas. The by-law will also be available for beaches and promenades all the year round. Parts of beaches which are subject to a dog ban during the summer season may be designated as "poop-scoop" areas for the remainder of the year.

We have also considered the by-laws available to control fouling on highways. At present, local authorities may introduce a by-law which makes it an offence simply to allow a dog to foul a pavement next to a carriageway or an adjacent grass verge up to 4 metres wide. Although most local authorities have this by-law, it has been criticised on various grounds: it provides no protection either for footpaths which are not adjacent to a highway or for pedestrianised areas and, once the fouling has taken place, the faeces remain there. Since our aim is to encourage dog owners to remove dog mess from the environment, my right honourable friend proposes to replace the "no fouling" by-law for pavements with a further extension of the "poop-scoop" by-law.

In addition to recreation grounds and open spaces, the "poop-scoop" by-law will be freely available for local authorities to apply to any footpath in a built-up or residential area whether or not it is adjacent to a highway. The by-law can also be applied to any grass verge which is maintained in good order and is adjacent to a highway. It will also be available for any pedestrianised area owned by a local authority, such as a shopping precinct.

My right honourable friend has also decided to make the "poop-scoop" by-law available for the gutters of highways in urban areas. While it would be too hazardous to both the pet owner and the traffic to extend the "poop-scoop" by-law to the carriageway itself, the "no fouling" by-law will become available for carriageways in built-up areas. This will prevent the transfer of the problem from the gutter to the carriageway and deter owners from permitting their pets to foul the highway. It will be open to local authorities to choose to use these by-laws for pavement, gutter and carriageways either individually or in combination to meet their local needs.

We have also considered the operation of the "dogs on leads" by-law. This compels owners to keep their dogs on leads at all times in designated places. It may be applied to parks and other open spaces where a need can be shown—e.g., ornamental gardens, children's play areas and bowling greens, promenades adjacent to beach ban areas during the summer months, and areas where the disturbance of wildlife is a consideration.

There is a need to balance the interests of those who wish to visit parks without being bothered by loose dogs, such as mothers with young children, and pet owners who wish to exercise their dogs off the lead at some time during the day. But the balance is, in general, best determined locally, bearing in mind the need to protect those, such as children, who are likely to be frightened or disturbed by loose dogs. In order to assist local authorities, my right honourable friend has decided that a wider range of by-laws should be made available to promote greater flexibility.

First, the "dogs on leads" by-law will be available in a wider range of circumstances than previously permitted, including promenades all the year round, where the local authority is able to justify the use of the by-law, which will normally involve showing areas are available locally where dogs may be exercised off the lead at some time during the day. Secondly, two new model by-laws will be made available. Instead of imposing a requirement for a dog to be kept on a lead in a park or part of a park all day, it will be possible for a local authority to limit the lead requirement to certain times of day or days of the week—for example, when young children are most likely to be there. Different times could be imposed in different parks in the same area to cater for various local needs. A second new by-law will give powers to council officers to ask for dogs to be put on a lead if it is necessary to prevent nuisance or behaviour giving reasonable grounds for annoyance. This by-law will be available to local authorities to apply to designated parks and open spaces, again where a need can be demonstrated.

Finally, we have examined the by-law which prohibits dogs from entering designated and enclosed grounds, enclosed parts of other grounds (children's play areas, bowling greens, etc) and parts of beaches during the summer season. My right honourable friend has concluded that these measures should continue to be available on the same basis as before, but that a wider variety of by-laws should be available to the local authority. Two further model by-laws have been developed: first, a by-law which enables dogs to be banned from a designated park or open space for a specified period of the day. This will be similar to the new time limited "dogs on leads" by-law and will be available for open parks as well as enclosed ones. Secondly, we have developed a new model by-law which will enable local authorities to ban dogs from designated enclosed parks, apart from a specially designated and enclosed exercise area. The exercise area will need to be of a reasonable size and usually be subject to a "poop-scoop" by-law. Owners will be required to take their dogs on the lead from the park entrance to the exercise area.

When considering which combination of by-laws is most suitable for their areas, local authorities will need to bear in mind that, unlike the general law, the validity of by-laws, including their reasonableness, can be challenged in the courts. Local authorities will need to weigh up the needs of various sections of the community. These will include mothers with children and others who wish to be able to enjoy a visit to the park either free from dogs or free from boisterous loose dogs. There will also be pet owners who wish to exercise their dogs off the lead at least once a day, reasonably near their homes. These will include families with children and dogs who wish to go to the park together, shift workers, the elderly who cannot walk II r and solitary women who would wish to choose a time to exercise their dogs when they feel it is safe to do so.

My right honourable friend the Secretary of State for the Environment intends that the same range of by-laws should be available to local housing authorities for public housing estates and amenity greens.

The consultation paper Action on Dogs also sought comments on the present procedure for local highway authorities to make "dogs on leads" orders under Section 27 of the Road Traffic Act 1988, and whether this power should be replaced by a by-law-making power. The balance of comment was in favour of change. The Government have taken note of this and propose to take this forward when a suitable opportunity arises.

My right honourable friend is grateful to all the bodies that commented on the by-laws and he hopes that the increased range of measures will strengthen the ability of councils to regulate dogs and to deal effectively with the fouling of public areas. Details of this Answer, together with the wording of the new model by-laws, will be circulated to local authorities shortly.