LTB 1029/09 Dog Attacks on Postal Workers

[brothermagrew]

No. 1029/09
Ref P18
Date: 23 November 2009




To: All Branches


Dear Colleagues


RE: Dog Attacks on Postal Workers - CWU "Bite-Back" Campaign - The Control of Dogs (Scotland) Bill

This is an update report to Branches regarding Dog Attacks on Postal Workers and the CWU "Bite-Back" Campaign, calling for the revision of the Dangerous Dog's Act 1991, better enforcement of the Law by the Police and Local Authorities and harsher sentences for offending dangerous dog owners.

The existing Dangerous Dogs Laws do not deal with the problem our members face with dangerous and aggressive dogs. Postal workers in the UK suffer up to 6000 dog attacks every year, with many resulting in serious injuries. The 1991 Dangerous Dogs Act does not fully address the behaviour of irresponsible dog owners because dog attacks which occur on private property are not covered by the 1991 Act and the "Bite-Back" Campaign is aimed at changing that because dog owners in these cases have immunity from that law.

70% of dog attacks on Postal workers occur on private premises such as in front garden, on paths and driveways and some of the most serious dog attacks of recent years have happened on private land. There are a significant number of aggressive dogs and irresponsible owners who need to be dealt with. The lack of protection against attacks on private property where a dog is permitted to be is a "gaping hole" in the Dangerous Dogs Act. The current legislation is not working and statistics show that the number of people treated in hospital for dog bites has doubled since the Dangerous Dogs Act was introduced. We want to see owners of aggressive dogs being held to account when they fail to control their dogs and more realistic penalties handed down by the courts when prosecutions take place.

The CWU Health, Safety and Environment Department has been lobbying hard and making strong representations to Ministers in Westminster, the Scottish government plus the Welsh and Northern Ireland assemblies to try to get movement on this issue across the UK.

There has been most progress in Scotland where MSP Christine Grahame has put forward a private members bill, the Control of Dogs (Scotland) Bill, with full CWU support. The bill would bring in the changes and controls the Union is seeking. The good news is that following a lot of lobbying, meetings, campaigning and discussions with MSPs from all Political Groups and Ministers including First Minister Alex Salmond, the Scottish Government have confirmed to the CWU their agreement to change the Dangerous Dogs Laws in Scotland and will back Christine Grahame's Private Members Bill to bring about the changes and improvements we seek. The news came in a letter from the Scottish Justice Minister Kenny MacAskill dated 11th November 2009 which followed an exchange of correspondence with the First Minister Alex Salmond, following a serious dog attack on member Thomas McGrath in Glasgow in July. Copies are attached.

The Control of Dogs (Scotland) Bill was introduced to the Scottish Parliament on 22 June and the CWU called upon the First Minister and all political parties to support the Bill and to facilitate it's swift passage through the Scottish Parliament so it becomes law as soon as possible and then we want the rest of the UK to follow the Scottish lead. Importantly, the new Bill puts the onus on the owners, not the dogs, to ensure that attacks like this latest one in Baillieston, Glasgow in July do not happen. We are keen to see the Control of Dogs (Scotland) Bill introduced in order to close the current legal loop holes by extending the provisions of the 1991 Act to make it an offence to allow a dog to be dangerously out of control anywhere in Scotland.


The new law will mean that dog owners in Scotland will no longer be immune if they allow their animals to run out of control and inflict terrible injuries on innocent Royal Mail delivery workers. It would make owners responsible and accountable in criminal law just as they are if the dogs injure some one out in the street. Another change would introduce new Dog Control; Orders (ASBOs), allowing the local authority dog wardens to issue a control order on owners with dangerous dogs as a preventative measure which could include compulsory training, muzzling or ordering the dog not to be let of a lead in public etc with criminal sanctions in the orders are breached. There is broad support from Labour and the Scottish Nationalist Parties.

The letter to the First Minister also went to Iain Gray Leader of Scottish Labour Group, Annabel Goldie Leader of Scottish Conservative Group, Tavish Scott Leader of Scottish Lib Dems Group.

The confirmation that the Scottish Government will back the Control of Dogs (Scotland) Bill is great news for the Union and a step forward in our campaign. Lets hope that this is the catalyst for Westminster to take on board the law changes also. A meeting has recently taken place in Westminster with the new Defra Minister Jim Fitzpatrick and a further meeting is scheduled to take place shortly.

Similar law changes are being pursued with the Welsh and Northern Irish Assemblies. We hope that movement in Scotland, Northern Ireland and Wales will put pressure on Westminster to act.

Scottish Parliament Local Government and Communities Committee recently conducted a further consultation calling for views on the draft bill. The CWU response is attached.

Further reports will be made to Branches and Safety Representatives on the progress of the bill through the Scottish Parliament.

[Organisations supporting the law changes called for by the CWU in its "Bite-Back" campaign include the RSPCA, Dogs Trust, Kennel Club, Police Federation, Advocates for Animals, Canine Concern, Battersea Dogs Home, Blue Cross, British Veterinary Association, Royal College of Veterinary Surgeons, Wood Green Animal Shelters, Guide Dogs For The Blind, Parents Against Dangerous Animals plus the IIRSM, TUC and Unions such as Unison, GMB, Unite, Prospect etc.]

Also attached is the list of supporters, MSPs who signed the Control of Dogs (Scotland) Bill. The CWU is grateful for their support.
Yours sincerely

Dave Joyce
CWU National Health, Safety & Environment Officer