Category: Dogs and the Law

Lucy’s Loophole

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Lucy's Law posterThe so-called Lucy’s Law which banned the third party sale of puppies and kittens in pet shops from April 6th, 2020 was greeted with some scepticism by canine professionals as being unlikely to have much impact on puppy farming.

The dubious sale of puppies and kittens had already largely been via websites and social media and now it seems that the puppy farmers have found a loophole enabling them to shift their animals via pet shops anyway.

A 2019 amendment to the 2018 Regulations permitted breeders to sell puppies under a pet sales licence instead of a breeders licence if a dog was bred “overseas” and thus not under the jurisdiction of English welfare legislation. DEFRA stated that this was to ensure compliance with European Union Directives and World Trade Organisation rules.

Private Eye magazine has highlighted the continuing problem of puppy farming in the six counties of Ireland and in Eire where thousands of puppy farmed dogs are being shipped to England for sale in premises owned by the very same puppy farmers who have managed to obtain 5 star ratings as licensed breeders in their English premises.

Business as usual – unless of course the source of the problem is dealt with, namely the people who buy these dogs in the first place.

A Priti Pickle

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Home Secretary Priti Patel has announced that she will investigate the current spate of dog thefts and “go after” the thieves. Iain Duncan Smith has also waded in caller for tougher sentences for thefts of companion animals.

As argued previously here, there are dangers hidden in what might seem like a reasonable approach. If animals are treated as different to other forms of property, it could be the thin end of the wedge to legislating that they have “rights”, something that only a human can have. Biologists have historically described non-human animals by trying to define attributes and behaviours that are supposedly uniquely human. We are frequently finding that this is not the case as presupposed in several areas, but rights are different. Only a human can fight for rights and defend them. It is a vital distinction that humans should have legal responsibilities towards animals but that the animals themselves cannot have rights that they are incapable of comprehending or upholding.

The solution would be to treat animals as a special sort of chattel in the law; in other words, to recognise the difference between a sentient possession and a non-sentient one.

Patel stated “I’m not going to say a new law is on the way, I’m not going to promise something that not’s going to be delivered but I am looking at this right now.”

If the current statutes concerning dogs are anything to go by, “not going to be delivered” is the norm. The fact remains that owners are ignorant of the laws and even when informed, often carry on breaking them as they know that the chances of being caught are virtually non-existent.

It is easy for politicians to appeal to sentiment to gain a few positive headlines, but the fact remains that a great deal of dog theft could be prevented by owners not leaving dogs unattended, training good recall and actually paying attention to their dogs when out. Not buying dogs from puppy farms and back street breeders, often via web sites, and exercising due diligence before purchase would result in the market for stolen dogs evaporating.

…and in the meantime, if you want a Priti Pawtel dog or cat toy, contact Pet Hates Toys.

Deal Or No Deal

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Border Control Dover As the Brexit negotiations reach fever pitch just days before the UK (England, Wales, Scotland and the six counties of northern Ireland)* is due to leave the EU, it is still not clear what arrangements will be made with regard to the Pet Passport Scheme.

There are three possibilities for the Pet Passport on January 1st: Great Britain (England, Wales and Scotland) could either join the countries that are unlisted, listed in Part 1 or listed in Part 2. If Great Britain is unlisted, and current Pet Passports will be invalid from January 1st, 2021. This would require owners of dogs, cats and ferrets to prepare at least four months in advance of travel, as happened when the scheme was first introduced in the UK. Listing under Part 1 or 2 would ease some of those restrictions.

Brexit is also likely to have other implications for dogs (and other animals) regardless of the political deal that may or may not be negotiated in the next 23 days. A great deal of companion animal feed ingredients are imported, mainly from Ireland, the Netherlands, France, Germany and China. Problems with the flow of goods may cause supply problems at least in the short term. There are potentially going to be similar problems with some veterinary medicines and other essential supplies, and it is expected that prices will inevitably rise.

A £705m funding package to help manage Britain’s borders was announced in July and there is the possibility that it might stem the tide of canine imports, both from puppy farms and of European street dogs. The Mediterranean, Ireland, Lithuania and Hungary have been major sources of poorly bred and feral dogs to supply the demand for instant pets. Many of those dogs are imported illegally using the Pet Passport Scheme rather than under the Balai Directive 92/65/EEC which imposes additional requirements regarding welfare and traceability. Dogs must come from a registered holding, undergo a clinical examination by a vet accompanied by the appropriate health certificates and notice of shipment to the Animal and Plant Health Agency. Their destination must be declared to enable follow up checks.

Whether sufficient resources will be put into place to prevent puppy smuggling remains to be seen but it could well be one of the few advantages to the political mess in which the UK has been plunged.


China Plates

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Chinese dog What we now designate as the territories of China are one of the areas where dogs self-evolved at least 15,000 years ago giving the world Asiastic dogs such as the Chow Chow and Shar Pei. The Chinese are not the only people in the word to take a utilitarian approach to dogs and they have served as many purposes in China over millennia as they have elsewhere – including being a source of food.

However, China has been undergoing rapid social change in recent decades with a wealthier population that is far more open to influence from the rest of the world than ever before.

This has had an effect on companion dog ownership as in all other areas of life, but the attitudes of the authorities have not caught up with the desire for many Chinese dog owners to see their dogs as family members. As in the rest of the world, dog ownership is big business; one indication of changing attitudes to dogs.

Bejing mandated that keeping dogs as companions was forbidden as recently as the 1980s and the effects of the horrific Cultural Revolution meant that keeping animals as companions was regarded as unacceptably bourgeois. All this is changing and, although just 5.7% of households owned a dog in 2019 (10% of the comparable number in the USA), the number is rising and it amounts to approximately 1.36 million dogs. China is also responsible for 20% of the world’s feral dog population.

Tensions between authorities and owners are still evident and, although some areas are bringing in welfare regulations and compulsory microchipping, Yunnan province, notorious for its new annual dog meat festival, mandated on November 13th that dogs must be kept indoors at all times in order to “promote civilised dog-raising habits”. Shanghai, Qingdao and Chengdu have strict one-dog per household policies and Huangshi bans the breeding of dogs larger than 17″ high – that’s about the height of a terrier.

Dog owners, many young, single and female, are not taking this lying down in spite of the fact that the mandate states that, after fining the owner for two violations, dogs will be seized and euthanised if the rules are violated three times. Social media has helped to promote the backlash so let us hope that the emphasis will be on education and responsible dog ownership rather than on causing greater welfare problems and death for dogs.

Cycling Menace Must Be Policed

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Illegal and anti-social cycling has been an increasing problem as cyclists and cycling have been privileged by an influential cycling lobby and local authorities keen to be seen to be “doing something” about transport in towns and cities whilst simultaneously cutting mass public transport and making it less and less affordable.

This has only been exacerbated but cuts in policing and the restrictions imposed by Covid-19. For many pedestrians, life has becomes a misery of daily near-misses and worse. Dogs have not been exempt either, many becoming very fearful as a succession of illegal scooters, hoverboards, skateboards, roller skates and cyclists zooms past on pavements an so-called “shared” spaces. Four dogs were killed in one year by illegal cyclists in Kensington Gardens with two more being injured seriously.

Now, in nearby Acton Park, a cyclist, breaking park by-laws which prohibit cycling, has the audacity to sue the dog owner whose dog he hit. He is claiming £50,000 as reparation for hitting a dog that was playing with a ball in a park which he alleges was therefore not under control. It beggars belief.

Bicycles have been considered as road vehicles under law since the Taylor vs Goodwin judgement in 1879.

It’s high time that cyclists were solely confined to riding on roads and punished severely for breaking the law, enabling pedestrians and dog walkers to reclaim parks gardens, towpaths and other places that have become stressful and hazardous to use. Skateboards, hoverboards, scooters and such like should be returned to the playground where they belong and anyone who wishes to continue to play with them beyond childhood should do so away from the grown ups who simply want to be able to walk in peace and security.

Walking The Dog

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Samoyed being walked As many canine professionals anticipate a spate of abandoned “lockdown” animals with schools, colleges and workplaces re-opening, news from Europe heralds new legislation in an attempt to improve welfare.

Germany is introducing a bill that, if passed would be implemented on a state-wide basis including the following provisions:

  • Dogs must be walked twice a day for a minimum of one hour in total
  • Dogs must not be chained for long periods of time
  • Dogs must not be left alone for an entire day
  • Breeders will be restricted to a maximum of three litters at any given time
  • Puppies will have to spend a minimum of four hours a day in human company
  • Ear and tail docking will be prohibited for show dogs
  • Show dogs must display “species appropriate” behaviour.

All very admirable, but the agriculture ministry has already stated that it is very unlikely that individual dog owners will be policed and that an emphasis will be placed on welfare in kennels. Even if Germany puts considerably more resources into this legislation once passed than we have in the UK with similar legislation, it seems unlikely to make substantial difference.

Meanwhile, France is also anticipating a worsening of the situation that sees between 100,000 and 200,000 companion animals being abandoned annually. 60% of abandonments happen during summer holidays. In the last annual Dogs Trust Stray survey, 69,621 stray dogs were handled by local authorities in the UK, an increase of 13,578 on the previous year.

Toulouse MP Corinne Vignon has introduced a bill in he French parliament aiming to make it harder to buy companion animals and to facilitate tracing owners who mistreat or abandon them. It includes provision making identification mandatory an raise the minimum age limit for purchase
The bill would introduce compulsory tagging, as well as raise the minimum age limit of buyers. The bill has cross-party support and is expected to be passed before the endow the year.

France has clearer legislation than the UK when it comes to breeding and selling dogs. All matings have to be declared, with dogs either registered as pedigrees with the French KC or as “types”. It is possible to register a pedigree dog after puppyhood with confirmation from an expert judge and proof of testing for heritable diseases and sociability, behaviour or aptitude. However, breed registers have been closed for several breeds, including the following since 1978: German and Belgian shepherds, Dobermann pinschers, boxers, fox terriers, dachshunds, springer, cocker and American spaniels and poodles.

It remains to be seen if legislation in either country will stem the tide of back street breeders, puppy farms and illegal imports and sales. For the sake of dogs everywhere, let us hope that a solution is found soon.

Read The Licence Or Just Tick The Box?

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Licence check box The RSPCA has been detailing cases of abuse and calling for licensing of dog walkers and trainers. All very admirable but it does not go far enough and will not address the issues of concern.

An opportunity was missed with the revision of licensing legislation in October 2018 when behaviourists trainers, groomers and walkers could have been licensed, but in practice little has changed anyway.

Not only were no resources put into publicising and policing those changes, dogs are being bred and boarded in their millions with little or no regard to the law. Few owners are aware that licensing is required and many don’t care when they are alerted, preferring a quick, easy purchase and a convenient, cheap option for outsourcing the care of their dog.

Licences are administered by local authorities, all of which are cash-strapped and under-resourced.

The truth is, most people want instant gratification and are not prepared to exercise due diligence when purchasing a dog let alone wait for a lengthy period for a dog from a responsible breeder. Many fashionable crosses would never be bred by responsible breeders because of poor health implications. Those breeders remain unlicensed and of course have much lower costs than licensed breeders whilst charging up to 5 times as much per dog sold. Far too many people outsource most of the care of their dog to walkers and boarders and few undertake any training or just attend a brief puppy course. Those who are prepared to pay a suitable fee for a qualified professional are few and far between so there will always be a market for unlicensed, unqualified breeders, trainers, groomers and dog walkers.

Some professional bodies allow “grandfather rights” and take in members without the requirement of being assessed. Until that issue is addressed, trainers for instance, may still have the kudos of the letters after their name without needing to prove that they abide by the codes of conduct.

There are more than 50 statues in the UK that mention dogs. It only takes a short walk along any busy street or park to see how many of those are being broken with impunity. One more will make little difference unless a significant amount is spent in owner education and policing. That is not likely to happen any time soon, so simply adding more legislation could actually provide a cover for the very abuse that it is trying to prevent as well as adding yet another financial burden on properly accredited professionals.

No Parking

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As COVID-19 restrictions begin to bite in the UK with what seems like the beginning of the wave of infections, many dog owners must be very worried about how they will keep their dogs exercised and happy over the coming days and weeks, and perhaps months.

Not every dog owner has a garden and many have very small spaces, perhaps not even with grass. The National Trust, Royal Parks and many local authority parks have already closed gated green spaces and some car parks.

Government advice at time of writing is that one outing a day is permitted to exercise, including walking dogs.

It should be obvious that ensuring one’s own safety as well as that of other people is of the utmost urgency, but the behaviour of many people over the last weekend beggared belief.

Please remember the importance of keeping your dog mentally stimulated and, whilst physical activity outdoors may be limited, keep up and even enhance your training regime, play brain games and keep your dog challenged mentally.

Keep your distance from other people while out walking and take bio-security precautions if you are helping with a dog belonging to someone who is symptomatic or ill.

Keep well, keep safe, keep stimulated!

Larking In The Park

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dog park There has been much fuss recently over a New York Times article pointing out the negative impact of dog parks which has now been picked up the BBC in their Radio 4 consumer programme You and Yours for two days running.

The situation in many US states is rather different to that pertaining in the UK where, in spite of access problems in some areas, restrictions on dogs are not quite so widespread. Michigan and Pennsylvania have state-wide “leash laws” that require owners to keep dogs on leads when off their one premises, although challenges have been raised via case law in Pennsylvania where the intent of the law was clarified to be about prevention of roaming other then preventing off-lead exercise.
Several other states prohibit dogs from being off-lead in public parks which had led to the development of the “dog park”: an enclosed area where dogs are permitted off lead. Many mandate that dogs are kept on lead in areas inhabited by livestock or wildlife.

As in the UK, dog-friendly areas vary greatly from small, sterile, parasite-ridden spaces to reasonably large areas. Urban owners are often far better served by varied dog-friendly areas to let their dogs run the owners in the countryside and the density of the dog population is higher.

As ever, the real problem is that owners do not understand their dog’s requirements for stimulation and training and far too many owners purchase dogs and then outsource their care to unqualified, incompetent walkers. The chaos that this has caused in many parks with large numbers of out of control dogs causing havoc and often being abused by their handlers led to many local authorities imposing restrictions on the number of dogs that can be walked at any one time. This in turn led to walkers going out in pairs or groups and further problems led to bans.

Many dogs are now taken out of town, with farmers hiring out fields. Far from solving problems, they continue even further away from owners and are also a poor use of agricultural land.

So are “dog parks” bad?

Well, quality off-lead stimulation and exercise is always good even if the space in which it occurs is not ideal, but how much better would it be if owners would refrain from getting a dog when they don’t have enough time or the inclination to undertake the majority of their care, if dog walkers where trained and regulated and if dogs were so well-adjusted and trained that they could be taken anywhere without fear of incident.

2020 Foresight – A Wish List For The Year

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puppy in gift box 2019 saw some legal advances for dogs with the addition of mandatory licensing for breeders and boarders but no additional resources were made available to publicise and police it so it remains largely ineffective. Much still remains to be done, not least legislation that was not drafted but not passed. The ban on third party puppy and kitten sales (aka Lucy’s Law) is due to come into force in April, but, although welcome, will have limited effects on the puppy trade.

So here is my wish list for dogs for 2020:

  • Additions to the AWA 2006 to criminalise aversive training techniques including the use of shock and citronella collars
  • Mandatory licensing of behaviourists, trainers, groomers and walkers, including requirements for qualifications and insurance
  • Mandatory domestic passports for dogs to include origin, microchip details and health records with a compulsory section for declaration of intention to breed, including health checks and countersigned by a vet
  • Limitations on the breeding of brachycephalic and achondroplastic dogs, with all such breeders requiring mandatory additional oversight
  • Removal of severely affected breeds from the UKKC CC qualifications until major health improvements are endemic
  • Sufficient injection resources to police existing and future legislation and for education of canine professionals and the general public
  • Mandatory employment of sufficient dog wardens in every local authority
  • Mandatory restriction of firework use to licensed professionals only with an obligation to use quiet fireworks and a period of public notification in advance of displays where permission is granted
  • Much more implementation of existing law with owners being prosecuted for dogs off lead on roads, obesity and neglect including long periods with dogs left alone on a regular basis.

Happy New Year and here’s hoping.