Call to Delay the XL Bully Dog Ban

Fri, Sep 20, 2024

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Neasa calling on the Government to delay the ban on XL bully dogs. To date, not one local authority has received the full regulations, Dog Wardens have been given no guidance, and there has been no meaningful involvement by the Gardaí in the process. The ban places a huge administrative and resource burden on Local Authorities and they are not receiving the support needed to deal with this. To implement the ban within the current timeline would be very dangerous.

Transcript:

Deputy Neasa Hourigan: This is less of a speech than a plea and some questions and the plea would be that the Government delays the XL bully dogs ban because to implement it in the outlined timeline would be very dangerous. We are 12 days from the beginning of the XL bully dogs ban and not one local authority has received the full regulations; not one. They have not been sent them or emailed them. They have not seen them.

We seem to be referencing the UK and Northern Ireland XL bully dog ban in the implementation of this law when it comes to characteristics but in lots of other ways we are not copying them at all. We have placed a huge administrative and resource burden on local authorities but have only allocated €2 million to them for an ongoing and very serious cost. It is a vanishingly small amount. There is no clear outline of how the increased expenditure on administration and resources will be borne by the local authorities so I have some questions. Where local authorities will waive the surrender fee for a dog, which is more than €100 in most cases, will the Department reimburse them for that?

Is the Minister aware that local authorities, in the absence of guidance from the Department, have been interpreting this as relevant to all restricted breeds, which means the average German shepherd family dog could be deemed as unsuitable for rehoming and out down with no options? There are no second chances here. The key area I am genuinely worried about is that there is no meaningful involvement by the Garda in this process. Dog wardens will be given a point of contact but there is no guidance given either to the dog warden, the local authority or the gardaí themselves about what the responsibility of the Garda is. If someone came to my home and tried to take my beloved dog, who a lot of people would feel is like their family member, he or she would have quite the time of it and I am genuinely worried for people - that our local authority workers will be in danger.

Deputy Chris Andrews: Today I met representatives of Working Animal Guardians, which is a dog rescue group. They are not saying everything the Minister is doing is wrong. They agree with a lot of what the Minister is doing but believes the ban is completely unfair. Working Animal Guardians is a very committed, compassionate group, is very reasonable and has a huge amount of experience with dogs and with XL bully dogs, in particular. It is important to listen to groups such as this and not ignore the stakeholders, which the Minister has done. The ban on XL bully dogs is causing panic and mayhem within dog rescue groups. A ban is too extreme. There are much more humane ways to deal with this.

Thousands of restricted dogs could be killed as a result of this ban because XL bully dogs are not a breed; they are a type of dog, which has a variety of breeds. Thousands of restricted dogs could be killed as a result of this ban because XLs are not a breed, they are a type of dog that is a variety of breeds. Therefore, deciding on which dog is killed is going to be subjective and arbitrary, and that is simply unacceptable. We need to see an amnesty, and we need to see a time extension so that these XL bullies can live out their natural lives and not be killed.

It is important to note that the mental health of those who are working in the dog rescue organisations is absolutely on the floor. These organisations and those volunteering and working in rescue groups are very committed to dog welfare, and now the Minister wants them to do the very opposite of what is in their nature, namely, to oversee the killing of dogs. So many staff are devastated by what is to come. What dog will be next on the ban? Ten years ago, there were calls for other dogs to be banned. Why is the Minister not investing in the education and training of dog owners?

Minister of State, Thomas Byrne: I want to thank the Deputies for raising this serious matter on the upcoming regulation on what are called the XL bully-type dogs, which I think are recognised in some countries as a breed, and in others may not be. That will come into effect on 1 October.

The Minister, Deputy Humphreys, announced a ban on the XL bully dogs in the interest of public safety and human safety following number of recent attacks. The XL bully was responsible for a number of attacks and killings in this country. If the Government does not take action now, the number of these dogs will grow. The fear, which I think is well founded, is that these attacks will become more frequent. It is the Government’s strong view that Ireland should not be out of step with neighbouring jurisdictions in Northern Ireland and the UK on this matter. The ban will be implemented in two stages. From 1 October, new regulations will prohibit the importing, breeding, selling and rehoming of XL bully-type dogs. From 1 February 2025 it will be illegal to own an XL bully without a certificate of exemption. The regulation will detail a system of certificates of exemption for owners of XL bully-type dogs who wish to keep their dogs.

There will be a four-month period between 1 October 2024 and 31 January 2025 when these owners will be able to apply for a certificate of exemption in order to keep their XL bully-type dogs. The application process for a certificate of exemption will be managed by local authorities. However, as previously announced in July, all owners of XL bully-type dogs will be required to license, microchip and neuter their dogs. Where a person does not hold a valid certificate of exemption after 1 February or have proof of an application for a certificate of exemption, the dog will be seized and thereafter may be euthanised by a veterinary officer on behalf of the local authority.

The regulation will be enforced within the framework of the primary legislation, in this case, the Control of Dogs Act. In this context, the local authorities, through the dog warden service, will be responsible for enforcement. Local authorities are also responsible for the recruitment of dog wardens, who are the authorised officers in the context of the Control of Dogs Act. The Minister, Deputy Humphreys, together with Government colleagues, recently announced funding of €2 million for local authorities to support the resourcing of dog warden services from 2025. The funding recognises the increased demand in the area of dog control and the need to ensure resources on the ground have enforced the pending ban on the XL bully dog.

Deputy Neasa Hourigan: I will reiterate that we are 12 days away and none of us has seen those regulations. That is why there is an urgency about a delay. I have some more questions. The Minister of State mentioned issues such as exemption certificates. We do not know yet why, unlike the UK, no third-party public liability insurance is required for exemptions. We do not know what the conditions of exemptions are. We do not know about people in social housing who have signed contracts that prohibit them from owning dogs. It seems that they will be allowed to apply for exemptions. We do not see any indication that some dogs that have a history of violence and attacks would be prohibited from getting an exemption.

For the first time in the history of this State, most local authorities, which will effectively be dealing with this alone, will not have veterinary services from January 2025 because we are in the process of moving all our veterinary services from local authorities to the Department of agriculture. Nobody in response to any of the parliamentary questions I have tabled can tell me what will happen next. When we talk about dogs, and at a later date, we can talk about horses’ veterinary services, nobody can tell me what will happen in terms of putting dogs down. Again, I will say that local authority staff are in real danger here.

Deputy Chris Andrews: Bans do not work. This ban is populist, and it is being done with a view to the election that is coming up. Why is the Minister of State not making sure that the existing laws are being implemented and enforced? This Government has been in place for five years and there has been no dent in the illegal puppy farms. I find it ironic that Ireland will have a wolfhound on its passports, given the State’s track record on animal welfare and this ban of XL bullies. We do not deserve to have a wolfhound on the Irish passport. If the Minister of State has an issue with the owners, then deal with the owners. Do not kill the dogs. We have to give an extension to these dogs. Do not introduce this extreme ban. Dogs should not pay the price for irresponsible owners. We have seen in other countries that bans do not work. I ask the Minister of State to do the right thing and give the XL bully an extension and an amnesty.

Minister of State, Thomas Byrne: The Government recognises that some people may not agree with the decision, and I also note that the Deputies are coming at this from different perspectives. Both of them have raised reasonable issues and I have no doubt about that. To reply to Deputy Andrews, the reality is that these dogs have only been bred in the last number of decades. They are not as ancient as the Irish wolfhound. It is a completely different scenario, so I am not sure we should compare an XL bully to the ancient Irish wolfhound, which has been a breed of dog in this country for centuries.

There are public safety issues here, and we need to be aligned with our nearest neighbours. We have little choice but to address this with regulation. On the reasonable point that Deputy Hourigan raised, the Department of Rural and Community Development is in discussions with the Department of agriculture in relation to the proposed transfer of the local authority veterinary service to the Department of agriculture and the impact this will have. The Government continues to support the ongoing discussions that will take place in the dog control stakeholder group, which was established in March. The group, which was established to consider and make recommendations to strengthen policy in relation to all dog control issues, is independently chaired by retired Deputy Garda Commissioner John Twomey. Its members have a broad range of expertise, including local authority representation. This group has been tasked with considering the policy and legislative matters under the remit of Ministers and Departments, specifically the Control of Dogs Acts and the Dog Breeding Establishment Acts.

The issues raised are wide-ranging and complex. They require in-depth analysis and consultation to ensure amendments are not just robust, fit for purpose and implementable, but also deliver the best outcomes for communities and for dogs themselves. As a dog lover, I agree with that. The Department of Rural and Community Development will continue to work with the relevant stakeholders to balance everybody’s rights - the animals’ rights and human rights - throughout 2024 and into 2025 to improve the dog control environment in Ireland. The bottom line is that the Government has a responsibility to protect the people, and these particular dogs have been shown to be seriously dangerous and have led to deaths in a number of instances.