Saturday 21 July 2012

Deed Not Breed

Our nation was rightfully appalled last week by the tragic conclusion to a story that was a sad representation of a major issue in many parts of the world, when innocent Lennox the dog was murdered in the name of Breed Specific Legislation.

For those who haven’t followed the campaign to save Lennox’s life, he was seized from his loving family – a disabled woman, her husband, their 11-year old daughter and another dog – in Belfast two years ago. He was five years old at the time, had been responsibly owned by the family since he was a puppy, was licensed, neutered, microchipped, insured, well trained and cared for and had never shown any signs of aggression or dangerous behaviour toward people or other animals.
His crime? The way he looked.
Despite it being proven that Lennox was a crossbreed, with Labrador and American Bulldog blood, Belfast City Council’s ‘experts’ deemed Lennox a Pit Bull ‘type’, the definition used to amend the UK Dangerous Dogs Act and allow any dog displaying ‘some of the physical characteristics’ of the banned Pit Bull Terrier to be persecuted purely on the basis of those physical characteristics, regardless of their temperament or quality of ownership. It was later revealed that Lennox’s brother from the same litter had been assessed two years earlier and deemed not to be of Pit Bull Type, despite the only difference between the two dogs being the colour of their fur, adding to the preposterous nature of this law.
It is illegal to own a dog of ‘Pit Bull Type’ in this country, despite the infinitely broad spectrum that this vague and meaningless description covers. Only government officials and experts can declare whether a dog fits the ‘type’ or not, and there are no indisputable blood, DNA, behavioural or breed tests to justify this, the dogs are purely judged on physical conformation and appearance, leading to the process being branded ‘death by tape measure’ by its many critics. Dogs fitting the ‘type’ that are proved not to be a danger to public safety can be registered and returned to their families providing certain conditions are kept – including neutering, muzzling in public, etc, but since 1991, there has been no provision for owners to register and legalise their dog themselves.
Instead, dogs are seized by wardens or police officers without warrant and detained while assessed, which can take several weeks or months. Owners are not given details of their dog’s location and access to visit animals is denied. If the dog is deemed as ‘type’, then a court order is issued and the owners must prove that the dog would not constitute any danger to public safety in order to save their lives.
As it is obviously impossible to conclusively prove this of any dog, regardless of breed, these destruction orders are rarely overturned. The High Court has even declared that the behaviour of the animal is ‘relevant, but not conclusive’ in determining the outcome of the case.
In the case of Lennox, top animal behaviourists had assessed him and testified that he was a ‘charming’, ‘sweet’ and ‘gentle’ dog with ‘good self control’, but it was the evidence of a Belfast Council expert that he was ‘unpredictable’ which sealed his fate. I question what dog wouldn’t be unpredictable when taken from his home and family, caged in isolation and continuously poked and prodded by complete strangers. Lennox’s family appealed the decision to destroy him twice, with huge public support, yet he still lost his life having never been allowed to see his loved ones or return home. As a last ditch attempt to save him, Lennox was offered fully funded relocation and rehoming in the US, where he would be allowed to live legally as a pet, which was denied without negotiation.
To add insult to injury, the family’s daughter’s request to have his collar as a keepsake was refused, they were all denied the right to see him before he was euthanised, and even the right to take his body home afterwards. Questions had already been raised as to his treatment and welfare in custody, and this unnecessary callousness on the part of officials only generated further suspicion. The family were later consoled with the promise that they would receive ‘some of his ashes’ in the post.
Once, in my work for an animal welfare organisation, I met a family and their dog who had just been returned to them after being held in custody for two months, having being assessed as safe. They were furious, full of accusations and determined to sue the relevant authorities, as their formerly healthy dog came home a nervous wreck, had lost a lot of weight and condition, and suffered with terribly swollen and irritated eyes, the cause of which was unexplained and the symptoms apparently left untreated. It’s little wonder that so many dogs are deemed unstable when they receive treatment like this during their unwarranted detention.

Polls show that 88% of people in the UK believe that BSL is ineffective and 71% want it repealed. There is no evidence to suggest that it reduces the number of ‘dangerous’ dogs, or dog attacks, and there are strong calls for a new legislation promoting breed-neutral responsible ownership to replace it. I think it’s of utmost importance to remember that every breed of dog had their specific characteristics chosen for them by the purposeful meddling of humans, that any breed of dog in the wrong human hands can be a danger, and any breed of dog in the right human hands can become a delight. Personally, I’m all for a law which holds the owner ultimately responsible for their dog’s control, training and behaviour. Maybe then we’ll see a change in attitudes, ownership, and in this horrendously unfair and unsuccessful law.

I hope that poor Lennox’s death will not be in vain, and that he will be remembered as the last needless victim of what is effectively canine fascism.  As with every brand of fascism, it is only perpetrated by human beings and is wholly unacceptable in the modern world. This time, let’s not allow any further pain, persecution, or pointless loss of innocent life before we force the change that we’re all responsible for making.

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