A new law restricting ownership of XL bully dogs is disproportionate and too vague to impose a criminal liability on owners who fail to comply, animal welfare organisations allege in High Court proceedings.
Six charities say the ban, due to come into force on February 1st, is “overly broad” and lacks appropriate safeguards for existing owners, who may have their dog seized if not in possession of an exemption certificate.
Last October it became illegal to import, breed, rehome or resell XL bully dogs, which are the largest of the American bully breed. However, animal shelters and charities with XL bully dogs already in their facilities were given until February 1st to rehome or export them.
A ban on owning the breed without an exemption certificate also comes into force at the beginning of next month. Local authorities can grant certificates for the dogs only if they are licensed, microchipped and neutered.
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An owner found to be in breach of the regulations by keeping an XL bully after February 1st without an exemption certificate will have committed a criminal offence under the 1986 Control of Dogs Act. The animal may be seized and euthanised and the owner subject to imprisonment of up to three months and/or a fine.
The regulations outlaw uncertified ownership of a dog that “substantially meets” a specified physical conformation standard.
The court action brought by My Lovely Horse Rescue, Clare Animal Welfare, Working Animal Guardians, Dogs Angels Ireland, Wicklow Animal Welfare and the Haven Rescue alleges the regulations underpinning the ban are unlawful and “void for uncertainty”.
The charities claim Minister for Rural and Community Development Heather Humphreys has failed to publish the basis upon which she formed the view that XL bullies are a danger to the public. They allege the regulation’s definition of an XL bully, the largest of the American bully breed, is “artificial” and, unlike the similar UK ban, does not provide exceptions for dogs under a certain height.
In an affidavit, the founder of My Lovely Horse Rescue told the court the charity has seen a “substantial” increase in requests to surrender bully-type dogs, with up to 10 requests received per day. Martina Kenny said bully breeds in general have been negatively impacted by the new law, with more abandonments and increasing difficulty in rehoming them. She said the charity is regularly contacted by owners of other bully dogs who are worried their pets will be wrongly identified as a banned breed by dog wardens.
The emotional pressure on people working in rescues has been “catastrophic, as we are witnessing dogs who are not a danger to the public being euthanised”, said Ms Kenny. “The constant feeling of hopelessness when healthy dogs with no behavioural issues are being euthanised is very challenging to accept,” she said.
Ms Kenny claimed to have first-hand knowledge of two pit bull dogs being euthanised at local county pounds due to having been “wrongly identified” as XL bullies. The Government website providing guidance on the new regulations initially included photos of dogs that were not XL bullies, which led to “considerable confusion”, she claimed, adding that the pictures have since been removed.
Ms Kenny said the Minister for Rural and Community Development has failed to adopt a ban in line with that recently introduced in the UK, which provides “definitive” minimum dog heights and provides an appeals process during which a dog is not euthanised. Ireland’s lack of an appeals process is “most concerning” when the regulations are confusing and ambiguous, she said.
On Monday, Mr Justice Conleth Bradley permitted the charities to pursue their judicial review case in the High Court.
Sunniva McDonagh SC, instructed by KOD Lyons solicitor Stephen Kirwan, said she will write to the other side asking for the move to be delayed beyond February 1st. If this fails the charities may need to seek an injunction when the case returns next week, she said.
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