Changes to the law on dangerous dogs

Amidst news of the death of Margaret Thatcher, the death of the young girl Jade Anderson, who was mauled to death by dogs when she went to a house to visit a friend, was largely overlooked. Yet this story is of great significance when it comes to light that no crime was committed and so there will be no consequences for the owners of the dogs.

The problem with the current law

The Dangerous Dogs Act was introduced in 1991 and attempted to set out what a ‘dangerous dog’ is, as well as allow for the prosecution of owners, or people in charge, of the dog if the animal were to attack somebody.  The law has come under heavy criticism for not wholly achieving this aim.

Certain types of dogs were made illegal to own: Pit Bull Terrier, Japanese Tosa, Dogo Argentino and Fila Braziliero. However, the legislation recognises that it is not so much the name or breed of the dog but its temperament that makes it dangerous. Therefore, it is the characteristics of the dog and whether it resembles any of the four types of banned breeds that will determine whether it is dangerous or not. If any breed of dog were to demonstrate violent tendencies then the courts may insist on its destruction; however, owners may also request that the dog be exempt. It was also made illegal to breed any dog for the purpose of fighting.

The legislation also makes it an offence for a dog to be out of control in a public place or a non-public place if the dog is not permitted to be there. This would include any person’s house who had not given their permission for the dog to be there. ‘Out of control’ is not specifically defined in the Act but references to injuring a person or there being reasonable belief that a dog may injure someone are made. It has therefore been interpreted that ‘out of control’ means either that the dog has attacked or attempted to attack a person.

This arguably leaves a huge gap in the legislation, namely the situation where a dog has not been categorised as dangerous but nonetheless attacks somebody on the property on which it is housed. This is the unfortunate situation Jade Anderson found herself in. She was attacked by dogs at a house she went to visit where the dogs were permitted to be.

For this reason no actual offence has taken place and so the police are not looking to make an arrests as they are bound by this wholly inadequate piece of legislation.

Does the law need reform?

There are hundreds of thousands of dog attacks in Britain every year and many of these will take place in areas where the dogs are permitted to be and so will not be covered by the legislation. Thankfully the majority of cases will be minor, however, when there are no consequences for the owners when a person is killed by dogs there is a deep injustice in the system. This feeling has been reflected by an e-petition entitled ‘Justice for Jade’, which has received over 9,000 signatures.

Whilst the law is arguably fairly adequate for classifying dangerous dogs and prosecuting owners of dogs out of control in public places, there is a strong argument that any dog in the right (or rather wrong) circumstances could be dangerous, whether it has demonstrated characteristics of the four types of banned breeds or not. Allowing people to have potentially out of control dogs on their premises not only puts themselves and their families and friends at risk but also unsuspecting people who are required to visit the property – the postman/woman, a delivery driver, gas or electric meter reader. There are numerous people who are legally allowed access to private property and the law should protect these people. Of course, changing the law so that owners can be prosecuted will not stop people having out of control dogs on their property, however it may make some people reconsider whether their dog is safe to own if they are aware that they face prosecution of a fine or imprisonment.

What is the government proposing?

The Government has been proactive since the death of Jade Anderson and has published draft proposals for new legislation. These proposals allow for owners to be prosecuted if their dog attacks somebody on private property, whether it be their own or someone else’s. The requirement that the dog is not allowed to be in the area has been removed, which should, in theory, close the loophole. The consequence of a conviction under this new law would be a maximum of two years’ imprisonment and/or an unlimited fine.

What about trespassers or burglars?

At this stage the new law will still not cover situations in which burglars or other trespassers are attacked. The debate surrounding this issue is still ongoing as many believe that people should have the right to protect themselves and their property, using dogs a guard if they wish. Others believe that if a person trespasses or commits an offence they should still be owed the same duty of care to be protected from dangers such as dogs. It will be interesting to see whether this part of the legislation changes on its way through the process or whether it will remain that burglars and trespassers are not protected.

The proposed reforms appear to keep the satisfactory parts of the law – any dog may still be regarded as dangerous, regardless of breed, if it demonstrates the correct characteristics.  It also appears to rectify the unsatisfactory law currently in place by closing the major loophole was left open by the previous law. However, there is no timetable for when this new legislation may appear on the statute books. Hopefully this draft proposal will not merely be a reaction to the tragic death of a young girl and will be taken through the stages as quickly as possible so that people can be brought to justice and workers who are required to enter private property can feel safer in their work.

The Grand National – A Losing Game?

When it comes to horses, Brits seem to have quite a mixed opinion. The “mighty stallion” may be a creature worthy of respect and admiration, and a significant cut above the mere underlings which are intensively reared for the purpose of reaching the dinner plate as quickly as possible.

Horses are, apparently, meant for something more, and are most certainly not for human consumption; this was reflected in the recent scandal which bred the notion that horses may have gotten closer to the dinner plate than one would like to believe.

Yet while we condemn the atrocious notion of horses ending up in the British food chain, apparently it is a free-for-all when it comes to racing them for human profit; out the window with our respect and in with whatever it takes to push the horses far beyond their physical capability. Then they become mere vehicles on the path to human glory.

The Grand National 2013 is now underway. So far, no lives have been claimed, nor serious injuries sustained, by any horses – that is, in the official competition.

The “warm-up” races in Aintree claimed two equine victims – Battlefront, who was “withdrawn from the competition”, later to collapse and die, and Little Josh, who was “destroyed” after sustaining a serious injury. This is by no means a rare occurrence, indeed quite the contrary. Anyone taking a look at the Animal Aid Horse “Death Watch” campaign can see these horses drop away, one by one, with disturbing regularity.

These deaths occurred on a brand-new race-course which claimed to be far easier for horses to navigate safely, and kinder to them should they fall during the race. According to the Telegraph’s coverage of the new course design, this race was to be “the first competitive test of significant course changes and new fence frames designed to improve safety.”

When considering the way that horses are built, they were never meant to run at top speed and jump such great heights at the same time, and to try to make them will almost certainly result in serious injury or fatality. Essentially, the races force them to go against their physical nature; furthermore, their “herd mentality”, which causes them to run in the first place, is exploited for maximum gain.

Despite the horse fatalities at Aintree, the RSPCA – who have had inspectors monitoring the welfare of the horses more closely this year – seem to be pleased with the condition of the horses during the Grand National 2013. One spokesman said that “We are delighted that the changes seem to have contributed to a safe yet competitive race.”

Furthermore, with changes including “more forgiving” fencing, restrictions on whip use and “run-out areas”, which allow stray horses to escape the racecourse, it seems as if the safety of horses is being taken more seriously.

The real question is, however, if these changes will be enough, and if it is even right to continue to manipulate horses – allowing even moderate risks to their safety – just so that someone, somewhere, can have a “big win”.

With so many supporters continuing to back the Grand National, and with it being so much of a “British institution”, perhaps it will be difficult to convince everyone that it is something that should be consigned to history.

Perhaps all that can be done, at least for the foreseeable future, is to keep a close watch on the horses’ welfare, and never to deem the death or serious injury of any horse as acceptable, or simply “all part of the game”.

The Modern Girl

Appearances are everything, or are they?
I’m the girl that doesn’t care about what people think about me. If you don’t like me that’s your problem not mine. However, to a certain extent can anyone not care that much? I was putting on my make-up this morning when my other half says to me ‘we are only going to the farm shop and your dad’s.’ This makes me think… What if I see someone I know? I can’t be seen looking like I have just rolled out of bed hanging from the night before. Now I have really contradicted myself.
I don’t care what people think but I care about appearances. Does this even make sense? Probably not. It makes me wonder, is this me thinking? Or is it the way the world has taught me to think? After all, in today’s society it’s all about how you look and what you wear isn’t it? Does anyone have their own thoughts any more, or do we think things we are made to think because society tells us it’s right? Take the catwalk for instance; we see all these beautiful models and are left thinking we need to be as skinny as them to look good in clothes. This is when the eating disorders come into play and before we know it we are all playing a role within the same vicious circle. Gone are the days when someone got something on merit and not just because they are hot!
The problem is that it is everywhere now, it’s even in the gym when you go for a work out. Whilst I’m there sweating away my make-up, the girl next to me has caked it on so thick that it really won’t be going anywhere. I’m in my baggy trackies and t-shirt whilst she is in skin tight leggings and a sports bra. Now that is what I call OTT, but heaven forbid she get seen by a cute guy with make-up running down her face. Are we really this vain or is this still society telling us this is the way we should be?
The more I think about this the more I want to pick these girls up and shake some sense into them. It’s time to take a stand. Girls we are beautiful in the ways and shapes we come. You don’t need the next fad diet or extra make-up. People love you for who you are inside not what you look like. So next time you run for the mascara, stop! Take a look in the mirror and think about the things you like about your appearance and personality and help them shine through on a daily basis. After all, when you take away all the so-called important things, does anyone really care if your hair is out of place or if you’re not wearing the latest designs? I doubt it!

Margaret Thatcher is gone, but she’ll never be forgotten

I was going to write my weekly blog this week about the crisis in North Korea and what steps we could take in the West to actually stop some kind of nuclear madness in the Far East. However, when the news broke at lunchtime about the death of Baroness Thatcher it seems churlish not to add to the masses of views being expressed, but try and do so from a slightly different angle.

Let me start by stating the obvious, so as not to give the wrong impression. It is a sad occasion when any human being dies, whatever you think of them personally or in their political, professional or personal life. In this occasion two children have lost a mother. That does not, however, mean that we have to pretend that we liked everything about someone or agreed with everything that they did in political and public life. I also make a declaration that I was only born in 1986, and therefore have no recollection of anything Mrs Thatcher did while in office. I grew up in a household where she was referred to in glowing terms as the saviour of the nation by some, and simply as ‘milk-snatcher’ by others.

There are those who adore Thatcher, and will be affected by her passing in a real way. Those who got rich on the back of the deregulation of the banks in the 1980s and those who paid for the shares in many of the privatised companies she created from the old nationalised telecoms, water and gas companies, among others. There will be those who love her because she defeated socialism in Britain, changed the Labour Party into an essentially right-of-centre party and smashed the Trade Union movement beyond all recognition.

Then there those who will be far from mourning the passing today. These will be the people who may well take to the Internet behind their pretend identities and say some pretty nasty things and most other people will call them names. Some of these people will have (what they think are at least) valid reasons for their comments. Whether they were miners, public servants, trade unionists or believers in nationalised utilities. The sentiments will be shared by many, especially in the northern cities and the rural areas that formally relied on mining.

It’s hard to explain to someone who was either totally in love or totally hated Thatcher that she did some good things and some bad things. She will most likely be remembered for two key events which are seen very differently depending on how you see them. The first event is the Falklands War, with supporters believing it was Britain defending the Empire and coming to aid of those poor Islanders who had been overrun by the Argentines.  Those against point to the chronic waste of money and human life involved in retaking an ultimately pointless piece of land 8000 miles away, most of all the sinking of the Belgrano as it sailed away from the UK fleet.

Secondly there is a miners’ strike. It was either the crushing of the over-powerful unions and the enforcement of the law in the place of an illegal strike or the once and for all blow against the working class, to exert the authority of the state over the working man. It was all about showing them who was in charge. It is hard to find anyone who would hold an opinion which falls somewhere between this two positions.

What is not in doubt, however, is that she continues to cast a shadow over both the country and the political system. Liberal economics and the rampant deregulation of the UK economy laid the foundations for the economic crash which occurred in 2008, with the consequences we live in now. She also instilled a small state ideology in the Tory party which is partly leading to the wild slashing of the state we see today. Most importantly for the political system, her election views in 1983 and 1987 changed the Labour Party into one which is now almost indistinguishable from the people in her own party who Thatcher called ‘wets’. Ed Miliband is even trying to rebrand his party as ‘One Nation’.

But now that she is dead, why have we gone so loopy for the afternoon? Complete suspension of usual TV and radio programmes. No other news stories for the entire afternoon. These may be expected given the stature of the woman and the fact that there isn’t anything else massively dominating the news agenda today. But is it really necessary for David Cameron to return back from his European tour? What exactly is he going to do when he arrives back in the UK?

Then there is the Labour Party, who haven’t helped their critics who say they have become too much like the Tories in recent years. No one would expect them to say anything other than that they are sad; it should be possible that they don’t say anything at all. The fact that they have also decided not to continue to campaign for the local elections in May will do nothing to appeal to the people who they seek to represent, especially as much of this campaigning would have been in the communities that still bare many of the scars of the Thatcher years.

I’ll end with the words of Tony Benn, one of Thatcher’s fiercest critics during the 1980s and unafraid to speak his mind on all occasions. Refusing to jump on the bandwagon of the love-in this afternoon, Benn said that he “couldn’t think of one thing she did which he agreed with.” He did mention, in as close to a tribute as he would ever be likely to get, that “she did what she said she would do given the chance, always said what she meant and meant what she said” and perhaps that is the best way that she could be remembered. She might not be the last conviction politicians, but most of those who have followed appear to be following her own convictions.

How does David Cameron overcome UKIP?

David Cameron has got a problem. It’s a problem nearly every post-war prime minister has had, and not many of them have found a satisfactory way of dealing with. What do you do when your party becomes unpopular in Government and voters start to drift towards alternatives?

Most people knew that by this point in Parliament the Government would be unpopular. Cutting public spending at rates not seen for decades and restricting benefits for those most in need was never going to lead to cabinet members being paraded through the streets on the shoulders of grateful electors. But not many people predicted the way that voters would go, and the effect this seems to be having on political debate in this country.

Governments are always unpopular half way through their term, and they very rarely gain seats at by-elections. What usually unites them is the ability to brush it off and say “None of this matters, we’ll still win the next general election.” Blair successfully did it for seven years, and Gordon Brown continued it for the next two, just with slightly less eventual success.

The problem that David Cameron and the Tories have is that they can’t just brush off their unpopularity. They can’t say “We’ll win again next time” because they didn’t win last time. They haven’t won an overall majority for a generation, something many Tory MP and lots more of the wider membership continually remind Cameron of.

Another thing that makes it harder for Cameron to shrug off his unpopularity is, unlike the last Labour Government, there is a refuge for those traditional right-wing Tory voters. Some former Labour voters flirted with the Lib Dems, but they tended to be those who were only attracted to the New Labour project. When the hard-core of the Labour membership fell out of love with Blair over Iraq, top-up fees, foundation hospitals or being too close to business, they largely drifted away from party politics. Cameron’s deserters are drifting to UKIP, and it’s changing the political debate of the country.

UKIP might have come a long way since it was founded in the early nineties, and the leadership of the party has undoubtedly worked hard to promote it as much more than a single issue party available for protest votes at unimportant elections. Despite all this work though, UKIP still mainly focuses on withdrawal from the EU and the subsequent control the UK would regain of domestic policy, especially immigration.

It’s no secret that the Tories are split on the issue of Europe. In fact every political party is. I know Labour MPs who despise the way the EU has imbedded capitalism and halted the evolution of European Socialism. I know Tory MPs who hate the EU because it has restricted capitalism through its forced implementation of European Socialism. In fact about the only party that stands united on Europe is UKIP. And the public like it when political parties are united.

So David Cameron has decided to tackle the issue head-on. He’s not going to hope that the arguments on immigration and Europe will disappear and that the Tory faithful will forgive him everything else by 2015. He’s made two speeches this year in a bid to meet the UKIP threat head-on. On both occasions they have been spectacular failures.

The first speech in Europe came in January, with the Prime Minister promising a renegotiation of the UK’s relationship with the EU *if* the Conservatives win a majority at the next general election followed by a referendum with an in/out option *if* those renegotiations are successful. Critics immediately spotted that Cameron would be going into the process wanting to stay in the EU anyway, hardly the best starting point for talks and without a clear idea of what powers he wanted to bring back from Brussels. UKIP immediately came out and said it was all too little too late and they would withdraw immediately, no questions asked.

Then last week there was the speech on immigration, and the way that immigrants were able to access benefits in the UK immediately upon arrival. As with many politicians discussing issues of immigration (not all on the right either) the speech strayed dangerously close to what some would call ‘incitement’ and others may label even more strongly. The thrust of the speech was to severely restrict access to benefits for those who came to the UK as immigrants, with the cost on the NHS the main focus. Cameron said in the morning that the cost was tens of millions per year, only to be trumped by Health Secretary Jeremy Hunt not two hours later saying the cost was hundreds of millions. The truth is probably that nobody knows.

The right-wing press seemed to like the speech, the comments section on the Daily Mail website was approving. But then out come UKIP to say not only would they stop immigration completely, but they would also severely restrict benefits to those already in the UK. All benefits, that is, except those being paid to UKIPs core vote (state pension, winter fuel allowance, free TV licence, bus pass). Once again Cameron’s rhetoric is lost in the tub-thumping of the mainstream extreme right.

The beauty of all this for UKIP is of course they have absolutely no chance of ever being asked to put any of it into action. We all thought that about the Lib Dems before the last election, presuming that’s why they were offering to abolish tuition fees. UKIP starts from an even lower base, and with the added advantage of everything they say being recorded because the main governing party is terrified of them and they continue to do well in the opinion polls.

Not all Cameron’s efforts have been in vain though. He has managed to somehow draw Labour and the Lib Dems into this Dutch auction on benefits and treatment of migrants, having previously done so with the EU issue. We now face the prospect that all three parties will spend the next two years telling us how they are going to ensure that the most vulnerable in society deserve to be treated badly. The next leadership debates will feature Ed, Nick and Dave scrambling to outdo each other in how tough they will make it for sick people to get treatment and for the working and non-working poor to survive.

It may well be the only thing we remember about David Cameron in 20 years’ time.

The Inmate of Rome

But what are kings, when regiment is gone,
But perfect shadows in a sunshine day?

— Edward II (Christopher Marlowe)

It’s a relief to be able to call him Joseph.  And it will be a relief once he’s treated just like any other Joseph.  It’s been said before and it will be said again: there’s a Ratzinger-sized space in Rome’s nearest prison cell just waiting to be filled.  The former Bishop of Rome should soon become the Inmate of Rome.

It shouldn’t have taken me by surprise when I discovered recently that the Vatican doesn’t actually have a prison system.  Earthly justice doesn’t seem to apply to the elect, after all.  Not to a man who personally granted the abuser of 200 deaf and dumb children in a Wisconsin school his wish to die without the oh-so-unconscionable spectre of a canonical trial hanging over him.  Not to a man who delayed the defrocking of a convicted child molester for four years, before writing and personally signing a letter asserting that the “good of the Universal Church” and that of the offender had to be considered for longer still – without even a hint of a mention for the trauma of his 11- and 13-year-old victims.  Not even to a man who disseminated the disgusting memo to every single Catholic bishop in 2001 that encouraged – nay, demanded – secrecy and silence with regard to every last case of child molestation and rape under pain of excommunication.  ‘Tackling’ the issue head on was something of a speciality of his, it seems.

In any other walk of life, that man would already be locked up.  And that’s just what he is: a man.  No more, no less.  Vaticanites may reason that elevating him from mere primate to venerable and venerated Primate lifts him above the law, as if a capital letter and a Latin intonation automatically give you special privileges; but strip him of his robes and his cronies, and you’ll soon find out that he’s no different from you or I.

Is this how brittle our values really are?  So brittle that we’re willing to excuse from justice anyone who can persuade us that they’re running a rather important errand for God?  ‘My apologies,’ he says, ‘but I happen to be infallible too.  Fancy that?’  Maybe what we should actually be questioning is the kind of God that would endorse such arrogance, such malevolence, such a sickening brand of despotism.  This is not morality; this is delusion and depravity.

And I, for one, am having none of it.  Think of every single one of the many thousands of victims of child abuse by priests; think of all those cases that Ratzinger could have stopped – and chose not to – as Prefect of the Congregation for the Doctrine of the Faith.  Just think.  And then imagine looking into a young child’s eyes and telling them that the man who put the welfare of a 2,000-year-old Church over that of 12 year-old children is likely to go unpunished.

Any decent human being simply couldn’t.

When Ratzinger announced his resignation, he talked about having “repeatedly examined my conscience before God”.  He can say that again, and again – in the jail cell where he belongs.  Apologies and excuses and stage-managed contrition won’t cut it anymore.  The most courageous thing he could do now is to hand himself in.  If the spiritual leader of the Catholic Church can’t subject himself to civil law and emerge unscathed, his 1.2 billion followers have got to question whether his ‘divine’ mission is one they want to be part of.

The Vatican is shaken, no doubt.  An institution that has insisted on being its own judge and jury for so long suddenly finds its carefully sealed totalitarian tinderbox at risk of being prised open.  Reuters recently quoted a Vatican official who commented revealingly that it was “absolutely necessary” for Ratzinger’s future place of residence to be within their jurisdiction.  Otherwise, he might end up as defenceless as the children abused at the hands of Father Keisle or Cardinal Law or Father Hullerman or Father Murphy: “He wouldn’t have his immunity, his prerogatives, his security, if he is anywhere else”.  What more needs to be said of the constipated morality that underpins the Roman Catholic Church?

After Ratzinger’s final disrobing, we mustn’t let ourselves be persuaded that he’s to be handled with care.  There’s no reason for us to respect his rights in a court of law any more or less than the next man.  There never has been.  But now, we can either make it our duty to challenge him and the institution he represents – on behalf of the children whose lives have been blotted by his signature, and on behalf of an entire civilisation whose progress surely relies on unflinching inquiry and scrutiny – or else face being complicit.

For if you look on impassively as Ratzinger slinks off to his very own 4,300-square-foot convent for the rest of his days, you’re like the kid in the playground who’s too timid to stand up for the victims of the mother of all bullies.  Only the stakes are higher this time.  Much higher.