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Pledge Watch: Dangerous dogs Pledge Watch: Dangerous dogs
(39 minutes later)
By Justin Parkinson Political reporter, BBC NewsBy Justin Parkinson Political reporter, BBC News
Politicians love announcing new initiatives. In this series we pluck a pledge from the archives. And see what happened next... Politicians love announcing new initiatives. In this series we pluck a pledge from the archives and see what happened next...
Pit bull terriers raised serious concerns for ministersPit bull terriers raised serious concerns for ministers
Hark back to the spring of 1991. Dangerous dogs are back in the news after four-year-old John Paul Massey died from head and neck injuries in an attack by pit bull dog at a house in Wavertree, Liverpool.
But what of the controversial piece of legislation that was meant to end such attacks forever, the much-maligned Dangerous Dogs Act?
Did it ever come close to achieving its aims or will it go down in history, as some have claimed, as one of the most misconceived and ineffective pieces of legislation ever to pass into British law?
To trace the origins of this legislation, we must travel back to the spring of 1991.
John Major had recently become prime minister, the country was in recession and had just fought a war against Iraq.John Major had recently become prime minister, the country was in recession and had just fought a war against Iraq.
But another menace was gripping the UK, particularly readers of tabloid newspapers.But another menace was gripping the UK, particularly readers of tabloid newspapers.
Reports of "killer" dogs attacking children were everywhere.Reports of "killer" dogs attacking children were everywhere.
Pit Bull terriers in particular were made a frightening symbol of a society becoming more aggressive, with people displaying a dangerous disdain for their neighbours' welfare. Pit bull terriers in particular were made a frightening symbol of a society becoming more aggressive, with people displaying a dangerous disdain for their neighbours' welfare.
Some especially gruesome cases made the headlines.Some especially gruesome cases made the headlines.
The government's tipping point seemed to come on Saturday 18 May 1991, when a dog attacked six-year-old Rukhsana Khan in Bradford.The government's tipping point seemed to come on Saturday 18 May 1991, when a dog attacked six-year-old Rukhsana Khan in Bradford.
Witness described her being shaken like a "rag doll", suffering 23 wounds to her back and eight to her front, including her face.Witness described her being shaken like a "rag doll", suffering 23 wounds to her back and eight to her front, including her face.
'Urgent action''Urgent action'
The following Tuesday, Mr Major told the Commons: "Everyone will have been shaken by the attacks during the past few weeks, particularly the horrific attack on Rukhsana Khan at the weekend.The following Tuesday, Mr Major told the Commons: "Everyone will have been shaken by the attacks during the past few weeks, particularly the horrific attack on Rukhsana Khan at the weekend.
"I have discussed the matter with my right honourable friend the home secretary and we are persuaded that urgent action must be taken.""I have discussed the matter with my right honourable friend the home secretary and we are persuaded that urgent action must be taken."
Supported by Labour, the government banned, from midnight, the import of several breeds of fighting dogs.Supported by Labour, the government banned, from midnight, the import of several breeds of fighting dogs.
The next day, Home Secretary Kenneth Baker introduced the Dangerous Dogs Bill to Parliament.The next day, Home Secretary Kenneth Baker introduced the Dangerous Dogs Bill to Parliament.
It proposed banning the breeding, sale or exchange of four "types" of dogs: Pit Bull terriers, Japanese tosas, the dogo Argentinos and the fila brasileiros. It proposed banning the breeding, sale or exchange of four "types" of dogs: pit bull terriers, Japanese tosas, the dogo Argentinos and the fila brasileiros.
Kenneth Baker denied he was over-reactingKenneth Baker denied he was over-reacting
Ministers chose "types" rather than "breeds", meaning courts would decide whether dogs fell into the dangerous category, by making a judgement on their physical characteristics.Ministers chose "types" rather than "breeds", meaning courts would decide whether dogs fell into the dangerous category, by making a judgement on their physical characteristics.
If found to be illegal, they would be destroyed and the owner could face up to six months in jail.If found to be illegal, they would be destroyed and the owner could face up to six months in jail.
Cross-breeds of the banned types were also covered by the law, as were other dogs that appeared to have been bred for fighting.Cross-breeds of the banned types were also covered by the law, as were other dogs that appeared to have been bred for fighting.
Meanwhile, a dog of any type which became dangerously out of control in a public place could be destroyed.Meanwhile, a dog of any type which became dangerously out of control in a public place could be destroyed.
During Parliamentary debates, Mr Baker said some people thought he was "over-reacting to the problem, that eliminating the fighting dogs is not the answer and that there is no such thing as a bad dog, only a bad owner.During Parliamentary debates, Mr Baker said some people thought he was "over-reacting to the problem, that eliminating the fighting dogs is not the answer and that there is no such thing as a bad dog, only a bad owner.
"But there is clear evidence that these dogs are a danger and a menace and are a type to be set apart from other dogs.""But there is clear evidence that these dogs are a danger and a menace and are a type to be set apart from other dogs."
Law amendedLaw amended
The Dangerous Dogs Act passed into law on 12 August 1991.The Dangerous Dogs Act passed into law on 12 August 1991.
In 1997, another Parliamentary act amended the law, removing the compulsory destruction orders and giving courts discretion over this and over sentencing of owners.In 1997, another Parliamentary act amended the law, removing the compulsory destruction orders and giving courts discretion over this and over sentencing of owners.
Yet the ultimate sanctions from 1991 remain in place and every time someone is injured or killed, their value is debated.Yet the ultimate sanctions from 1991 remain in place and every time someone is injured or killed, their value is debated.
Critics say the Dangerous Dogs Act is among the worst pieces of legislation ever seen, a poorly thought-out knee-jerk reaction to tabloid headlines that was rushed through Parliament without proper scrutiny.Critics say the Dangerous Dogs Act is among the worst pieces of legislation ever seen, a poorly thought-out knee-jerk reaction to tabloid headlines that was rushed through Parliament without proper scrutiny.
But its supporters argue that it was necessary and has improved the situation.But its supporters argue that it was necessary and has improved the situation.
It was a case of legislating in haste and repenting at leisure. Kennel Club spokeswomanIt was a case of legislating in haste and repenting at leisure. Kennel Club spokeswoman
The law has been widely discussed again this week, after four-year-old John Paul Massey died from head and neck injuries in an attack by a banned "Pit Bull terrier-type" dog at a house in Wavertree, Liverpool.
Every injury or death is a truly terrible event but the question, 18 years on from John Major's promise of "urgent action", is whether the law works - and, just as importantly, whether it is being implemented.Every injury or death is a truly terrible event but the question, 18 years on from John Major's promise of "urgent action", is whether the law works - and, just as importantly, whether it is being implemented.
People living in the UK's inner-cities will have noticed groups of youths parading around with Pit Bull-like dogs. People living in the UK's inner-cities will have noticed groups of youths parading around with pit bull-like dogs.
And NHS statistics released at the beginning of 2008 suggested safety had not improved.And NHS statistics released at the beginning of 2008 suggested safety had not improved.
'One step closer''One step closer'
They showed the number of people attending accident and emergency wards in England after a dog attack had risen by more than 40% in the previous four years to nearly 3,800 a year.They showed the number of people attending accident and emergency wards in England after a dog attack had risen by more than 40% in the previous four years to nearly 3,800 a year.
Young people, the findings said, were particularly at risk.Young people, the findings said, were particularly at risk.
The government is aware that dangerous dogs have not gone away.The government is aware that dangerous dogs have not gone away.
In April it produced guidance for police forces, recommending that each should have a dedicated officer dealing with the issue.In April it produced guidance for police forces, recommending that each should have a dedicated officer dealing with the issue.
Then, in July, the Department for the Environment, Food and Rural Affairs gave £20,000 "to help deliver the training which will ensure officers have a thorough understanding of current dangerous dogs legislation, as well as best practice enforcement techniques".Then, in July, the Department for the Environment, Food and Rural Affairs gave £20,000 "to help deliver the training which will ensure officers have a thorough understanding of current dangerous dogs legislation, as well as best practice enforcement techniques".
It was, critics might say, hardly a fortune and perhaps a bit late in the day.It was, critics might say, hardly a fortune and perhaps a bit late in the day.
But animal welfare minister Jim Fitzpatrick said: "I am determined to crack down on irresponsible dog ownership and ensure that those who use dogs to injure people are dealt with rigorously. I know that this training will get us one step closer to better enforcement of dangerous dogs laws.But animal welfare minister Jim Fitzpatrick said: "I am determined to crack down on irresponsible dog ownership and ensure that those who use dogs to injure people are dealt with rigorously. I know that this training will get us one step closer to better enforcement of dangerous dogs laws.
"When we undertook a significant review of dangerous dogs legislation with the police in 2007 it was clear that, while the legislation was sound, more needed to be done to raise awareness of the law and improve enforcement.""When we undertook a significant review of dangerous dogs legislation with the police in 2007 it was clear that, while the legislation was sound, more needed to be done to raise awareness of the law and improve enforcement."
However, The Kennel Club, which is among organisations pushing for a review of the Dangerous Dogs Act, says the emphasis on banning certain breeds is wrong and even counter-productive.However, The Kennel Club, which is among organisations pushing for a review of the Dangerous Dogs Act, says the emphasis on banning certain breeds is wrong and even counter-productive.
'Misconception''Misconception'
A spokeswoman said: "The law was passed in a few days, as a piece of emergency legislation. It's considered all over the world to be possibly the worst piece of legislation that's ever been passed.A spokeswoman said: "The law was passed in a few days, as a piece of emergency legislation. It's considered all over the world to be possibly the worst piece of legislation that's ever been passed.
"It was a case of legislating in haste and repenting at leisure.""It was a case of legislating in haste and repenting at leisure."
She added: "There are more Pit Bulls now than there have ever been before, but there are lots of Pit Bulls that have responsible owners. There are also lots of cross-breeds. She added: "There are more pit bulls now than there have ever been before, but there are lots of pit bulls that have responsible owners. There are also lots of cross-breeds.
"There's a bit of a misconception. Any breed of dog can be dangerous with a bad owner."There's a bit of a misconception. Any breed of dog can be dangerous with a bad owner.
"The Dangerous Dogs Act just pushed the whole issue underground. Making some dogs illegal made them more attractive to some groups, such as gangs, who used them to intimidate others or as weapons in fights."The Dangerous Dogs Act just pushed the whole issue underground. Making some dogs illegal made them more attractive to some groups, such as gangs, who used them to intimidate others or as weapons in fights.
"The law placed the emphasis at the wrong end of the lead. The emphasis should be on trying to change the culture of ownership.""The law placed the emphasis at the wrong end of the lead. The emphasis should be on trying to change the culture of ownership."
'Watered down''Watered down'
Unsurprisingly Mr Baker - now Lord Baker of Dorking - disagrees with his critics.Unsurprisingly Mr Baker - now Lord Baker of Dorking - disagrees with his critics.
He says the UK has become a "safer place" as a result of the DDA, with fewer attacks on people.He says the UK has become a "safer place" as a result of the DDA, with fewer attacks on people.
Lord Baker was unavailable for comment, but in an article for The Guardian in 2007 he wrote: "There had been [in 1991] many attacks by Pit Bulls, not only on humans but on other dogs, and I had support for my proposals from the Kennel Club, the RSPCA and a body of vets." Lord Baker was unavailable for comment, but in an article for The Guardian in 2007 he wrote: "There had been [in 1991] many attacks by pit bulls, not only on humans but on other dogs, and I had support for my proposals from the Kennel Club, the RSPCA and a body of vets."
He added: "Unfortunately the act was watered down in 1997 when the argument was put that it was the owners and not the dogs that were at fault - so dogs were given a second chance. This was a mistake."He added: "Unfortunately the act was watered down in 1997 when the argument was put that it was the owners and not the dogs that were at fault - so dogs were given a second chance. This was a mistake."
Lord Baker wants the law toughened up to beyond pre-1997 levels and to extend its scope.Lord Baker wants the law toughened up to beyond pre-1997 levels and to extend its scope.
He said: "I would now give to a committee of three, say two dog wardens and a vet, the decision as to the determination of whether a dog is a Pit Bull-type and their decision would be final... He said: "I would now give to a committee of three, say two dog wardens and a vet, the decision as to the determination of whether a dog is a pit bull-type and their decision would be final...
"I also think the act could also be strengthened as regards certain other breeds.""I also think the act could also be strengthened as regards certain other breeds."
These should include compiling a register of the owners of Rottweilers, German Shepherds and all types of bull terriers, he argued, with orders being made to muzzle these when out of the home.These should include compiling a register of the owners of Rottweilers, German Shepherds and all types of bull terriers, he argued, with orders being made to muzzle these when out of the home.
Lord Baker added: "Children have a right to play in safety in our public spaces."Lord Baker added: "Children have a right to play in safety in our public spaces."
Few would disagree with that sentiment, but - after 18 years - the effectiveness of the Dangerous Dogs Act is as controversial as ever.Few would disagree with that sentiment, but - after 18 years - the effectiveness of the Dangerous Dogs Act is as controversial as ever.
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