Scottish Parliament Post-legislative Scrutiny Committee Review of Dog Attacks and Control of Dogs (Scotland) Act 2010 – Report

Introduction – Bite-Back Campaign Re-Launch

This is an update report to Safety Reps, Branches and Regions further to LTB No. 113/2019 dated 18 February 2019 and LTB No. 572/18 issued on 9 October 2018 and to inform you that the Scottish Parliament’s Public Accounts and Post Legislative Scrutiny (PAPLS) Committee of MSPs (Members of the Scottish Parliament) have published their report on the above.

As CWU Branches, Safety Reps and Regional Safety Forums will know from previous LTBs, there are currently two public inquiries or legislative reviews underway, looking at the dangerous dogs problem in the UK, examining the effectiveness of the current Dog Control Legislation and its enforcement. One is being undertaken in Westminster by the UK Government’s House of Commons, Environment, Food and Rural Affairs Select Committee and a second, in Holyrood, Edinburgh by the Scottish Government’s Public Audit and Post-Legislative Scrutiny Committee. Both inquiries were brought about, in no small part by a concerted effort and lobbying by the CWU Health, Safety & Environment Department’s ‘Bite-Back’ Campaign re-launch, following growing problems across the country with dangerous dogs law enforcement by Police and the Courts.

Additionally the CWU Health, Safety & Environment Department has been working hard campaigning also in Wales, pressing the Welsh Government to take action and a number of meetings have taken place with Ministers, MPs, MSPs and MLAs.

The Union has been successful in gaining the support of all political parties during our campaigning.

Motion to Scottish Parliament on Dangerous Dogs Laws 

As you will know, the CWU ‘Bite-Back’ campaign was re-launched in Scotland in 2018 and we have been lobbying hard, engaging with Ministers and MLAs over the last year in efforts to press for further changes and strengthening of the dog control laws and its enforcement in Scotland which I have to say is far from satisfactory. Our campaign led to a Motion coming before the Scottish Parliament on 8 May 2018 calling for a review of Scottish Dangerous Dogs Law and I’m proud to say that the Motion was carried unanimously, supported by every political party after I had met and engaged them all. This was followed by meetings with the Minister and Shadow Ministers and party leaders. This has culminated in the inquiry by the Scottish Government Public Audit and Post-Legislative Scrutiny Committee.

Timeline

• Early 2018 CWU Health, Safety & Environment Department re-launches ‘Bite-Back’ Campaign in the Scottish Parliament, lobbying and writing to all MPs and attending a number of meetings with MLAs and Ministers.
• CWU ‘Bite-Back’ Campaign on Postal Worker Dog Attacks’ links up with Radio Argyle ‘Lead The Way Campaign’ on dog attacks on Young Children.
• Cross Party discussions and meetings take place.
• A Motion is put to the Parliament calling for a Dog Control Law review and a debate takes place in the Scottish Parliament on 8 May 2018 relating to the effectiveness of the Control of Dogs (Scotland) Act 2010.
• On the 28 of June 2018 the Parliament’s Post-legislative Scrutiny Committee agreed to undertake a Post Legislative Review of the Control of Dogs (Scotland) Act 2010.
• Written evidence was called for from 3 July 2018 to 5 October 2018. CWU Evidence submission made.
• The Committee held three public engagement meetings in December 2018/January 2019 at Airdrie, Dalkeith and Dundee.
• Oral evidence sessions were held in February/March 2019. CWU evidence given on 21 February this year.
• 18 July 2019 – PAPLS Report published.
• Parliament scheduled to debate the Report in September.

The Report

Having given consideration to the contents of the Report, its conclusions and recommendations, it will be very much welcomed across the CWU in Scotland and in the UK as a whole as the Report will feed into the Dangerous Dogs Inquiry in Westminster also. The Report will be debated in the Scottish Parliament in September when hopefully the Scottish Government will accept the Report Recommendations in full and take appropriate action.A copy of the Report ‘Executive Summary’ is attached containing 33 conclusions and recommendations, all of which support evidence given by the CWU.

Key points:-

• There is an unacceptably high prevalence of dog attacks in Scotland and numbers have increased.
• The PAPLS Committee considers that dog attacks levels are a ‘national crisis.’
• Dog Control Legislation is weak and ineffective.
• A Scottish Dog Control Notice Database is required.
• General Practitioners, hospitals, local authorities and Police Scotland should be required to record and collect consistent dog attack data.
• The Scottish Government should urgently undertake a dog control awareness raising programme which is long overdue.
• Some local authorities and Police officers are not aware of or don’t understand dog control legislation.
• There is a lack of co-ordination between Police and local authorities.
• In many cases no sanctions are made in cases against owners of dogs who pose a risk to the safety of members of the public and animals.
• Appointing an insufficient number of dog wardens has negatively impacted on local authorities’ ability to implement Dog Control Law.
• Dog Control Notices (DCNs) should not be used as an alternative to the dog seizures under the 1991 DD Act. Where a victim has been injured and a prosecution is pending, the dog should be seized until the case has been heard.
• Local authority dog seizure powers should be strengthened.
• Victims of dog attacks should be entitled to know the outcome of the prosecution or other action that has been taken against the owner of the dog by the local authority.
• A database containing information on dog control activity should be set up and available to local authorities and Police Scotland.
• A new offence of ‘obstruction’ should be introduced in order to assist local authorities.
• Fixed Penalty Notices (FPNs) should be introduced for minor breaches of a Dog Control Notice (DCN).
• Local authorities should exercise their powers and create secure play areas for children in public parks from which dogs are prohibited and additionally create areas for dogs.
• The ‘reasonable apprehension’ requirement within S10 of the DDA 1991 which has created the so called ‘one free bite’ rule perception should be amended.
• A Dog Licensing scheme for dog owners should be considered.
• Legislative Controls on dog walking services should be considered.
• The Scottish Government should consider a modern consolidated Dog Control Act.
• The Scottish Government should assesses the scale of the public health impact of dog bites, and the associated cost implications, to determine if a multi-agency public health approach to tackling dog control issues is required.
• The PAPLS Committee concludes that the Control of Dogs (Scotland) Act 2010 has had limited effect in preventing or reducing the number of dog attacks in Scotland.
• The PAPLS Committee concludes that current dog control law is not fit for purpose and recommends that the Scottish Government undertakes a comprehensive review of all dog control legislation without delay, with a view to introducing modernised, fit for purpose, consolidated dog control legislation.
• The PAPLS Committee concludes that in the interim, the Government must improve the implementation of the 2010 Act.

I will update branches further in due course.

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

19LTB444 Scottish Parliament Post-legislative Scrutiny Committee Review of Dog Attacks

CONTROL OF DOGS (SCOTLAND) ACT 2010 – PAPLS Committee Report 18 July 201.._

NEC, Industrial Executives and Regional Secretary Elections 2019 – Change of Closing Date of Ballot

Further to LTB 433/19, dated 12^th July 2019.

The purpose of this LTB is to remind branches of the revised closing date of the 29^th July 2019 (first post)for the above National Elections.

Branches are asked to bring this information to their members by all means possible.

This should include using Branch social media outlets, the distribution of this LTB to workplaces/ members and where practical holding workplace meetings.

Any enquiries regarding this Letter to Branches should be addressed to the Senior Deputy General Secretary’s Department on telephone number 020 8971 7237, or email address sdgs@cwu.org.

Yours sincerely,

Tony Kearns

Senior Deputy General Secretary

19LTB422

RE-LAUNCH OF THE VOICE

The autumn issue of The Voice will see a full re-launch of the publication. We are moving away from a news focused strategy. In the world of constant 24/7 news, social media and video, any attempts to match this in print have become outdated.

We do however firmly believe an opportunity exists to produce a well read and important print magazine as a union.

With this in mind we will re-launch completely with more member-led publication including features from the workplace, branches and regions. We will still bring you news but to a much reduced level. We will see no reduction in our industrial and workplace coverage – it will just be brought to you in a more strategic and thought provoking way.

We will also use this opportunity to continue to promote our equality, education, young workers and retired member’s activities.

Additionally, we are delighted to confirm that alongside the new magazine we will cease the use of plastic postage wrapping and introduce a new compostable cover.

Finally, we have decided the stars of our first cover should be you – our reps and members. Whether at work or retired we want you to send us your selfies via WhatsApp to 07907 502190. Please get this message out there as far and wide as possible as we are looking for hundreds of images.

The Voice has a huge tradition in the union and rightly so. It is time to review its purpose and direction. We look forward to sharing the new edition with you in late September. If you have any thoughts or ideas we should consider please get in touch.

All enquiries on this LTB should be directed to our Publications Editor Karl Stewart kstewart@cwu.org

Kind regards

Chris Webb
Head of Communications, Engagement and Media

19LTB 441-19 – RE-LAUNCH OF THE VOICE

KELLY MARY FAUVRELLE – APPEAL FUND

Further to LTB 425/19, which explained we would be setting up an Appeal Fund to provide a lasting memorial for Kelly and her son and to support the family and organisations campaigning against knife crime. It has become clear that in addition to the online ‘Just Giving’ page, which is going very well, a number of workplaces have held bucket collections.

Therefore, in conjunction with the Croydon & Sutton branch, we have agreed to set up a separate CWU Fund for the Appeal which will allow branches to transfer workplace collections once they have been deposited into their accounts.

The details of the Account for the Fund are as follows:

Name of Account: CWU General Fund 

Account Number: 33019822 

Sort Code: 60-83-01

Please can all branches ensure that when transferring money that the reference used for any payments is shown as ‘Kelly Mary Fauvrelle fund’. Additionally, if Branches are sending in cheques please make sure that the above reference (‘Kelly Mary Fauvrelle fund’) is written on the back of the cheque.

We have also received requests from a number of members for a national workplace bucket collection day and we can confirm that this will take place on Tuesday 23rd July 2019. We would be grateful if branches who have not already done so, consider organising participation in CWU workplaces across the UK. Finally, we would like to place on record our thanks to CWU members and the public for their outpouring of support following these tragic events. Our Croydon branch is in contact with the family and we know your thoughts and support is really appreciated by the family and our members in the Croydon office. 

We will keep you informed of progress with the Appeal Fund in due course.

Any enquiries on the above LTB should be addressed to gsoffice@cwu.org.

Yours sincerely

Dave Ward

General Secretary

19LTB437 – Kelly Mary Fauvrelle – Appeal Fund

MEMBER NOMINATED TRUSTEE – ROYAL MAIL DEFINED CONTRIBUTION PLAN

The Trustees of the Royal Mail Defined Contribution Plan (RMDCP) are legally responsible for ensuring that the RMDCP is run properly. The board comprises seven trustees, of whom;

• one is an independent Chair appointed by Royal Mail Group with the agreement of the unions,
• three are nominated by or on behalf of the membership (two through the CWU process and one through the CMA process), and
• three are nominated by Royal Mail Group.

Both of the member-nominated positions through the CWU process have become vacant and so nominations are now being sought. Nominations can be from any individual who is a current member of the RMDCP, irrespective of Union membership.  A self-nomination form is attached which once completed should be returned to the Senior Deputy General Secretary’s department at CWU HQ, by 15^thAugust 2019.

All Candidates will be required to submit a 200-word (maximum) statement supporting their candidature for election to the position when returning their nomination forms.

Individuals wishing to understand the role of a trustee can visit the Pensions Regulator’s website and read the ‘Guide for New Trustees’ and the ‘Trustee Toolkit’ and review the first two e-learning modules for more information.

Upon receipt of a nomination, an information pack will be dispatched to the individual who has submitted the nomination. The pack will contain information on the role and responsibilities of a Trustee, a detailed job description and a personal specification for a potential Trustee.

Prior to a ballot taking place all candidates who have submitted a fully completed nomination form will be required to attend a half-day pre-election familiarisation seminar in London on 22^nd August 2019, which will be organised by the Secretary to the Trustee.  At this stage candidates will be asked to re-confirm that their names should be added to the ballot paper and will also be given the opportunity to make any textual changes to their supporting statement.

If there are more than two valid nominations, a ballot will be held of all individuals who are employee members of RMDCP and who are employed in CWU represented grades, irrespective of Union Membership. The ballot will be conducted by the distribution of ballot papers direct to individual home addresses.  Completed ballot papers must then be returned in the envelope that will accompany the ballot paper to ERS who have been appointed as Independent Scrutineer for the purposes of this election.  The two candidates who receive the most votes in the ballot will be selected as the CWU MNTs.

If there are two nominations forthcoming then those nominees will be deemed to be selected without the need for a ballot.

If there is only one nomination forthcoming then that nominee will be deemed to be selected without the need for a ballot and the nomination and selection process will be re-run no more than three years later.

If there are no nominations at all, the nomination and selection process will be re-run no more than three years later.

Any enquiries regarding this Letter to Branches should be addressed to the Senior Deputy General Secretary department for the attention of Peter Metcalfe.

Yours sincerely,

Tony Kearns

Senior Deputy General Secretary

19LTB439

Nomination Form 2019