§ Mr. David PorterTo ask the Secretary of State for the Environment (1) what powers individual citizens have to force local authorities to control fouling by dogs; and if he will make a statement;
(2) what powers local authorities have to control and deal with dog faeces; what representations he has received to increase those powers; and if he will make a statement;
(3) what plans he has to amend the law to classify dog mess as litter; and if he will make a statement.
§ Mr. AtkinsUnder the provisions of part IV of the Environmental Protection Act 1990, local authorities have a duty to keep certain public areas, such as parks and highways, clear of dog faeces. Citizens can apply to a magistrates court for a litter abatement order if a local authority fails to carry out this duty.
Local authorities in England and Wales can also adopt "poop-scoop" byelaws which make it an offence for owners not to clear up after their dogs in designated areas. It is however, for each local authority to decide whether or not to adopt such byelaws.
The Tidy Britain Group and others have proposed replacement of poop-scoop byelaws with national legislation to make it an offence for any person to allow a dog to foul any area to which the public have access. 'The Department's advisory group on litter is currently considering this proposal as well as the suggestion that dog mess should be defined as litter. The advisory group's report is expected to be completed in the near future.