Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I thank Senator Keaveney for raising this issue. I share her concern on the matter of dangerous dogs and assure her the Government takes a very serious view of the risk posed to the public, and in particular to children, by these dogs.

Section 19 of the Control of Dogs Act 1986, as inserted by section 8 of the Control of Dogs (Amendment) Act 1992, provides that the Minister for the Environment, Heritage and Local Government may, by regulations, make provision for the use and control of dogs. These regulations may make provision for the prohibition of the ownership, keeping, purchase, disposal, breeding or importation of specified classes of dogs which in the opinion of the Minister have such characteristics as to cause them to be a danger to the public. Regulations were introduced in 1998 on the leashing, muzzling and control of 11 specific breeds of dog and every other strain or cross of those breeds.

Article 5 of these regulations states that the article shall apply to every American pit bull terrier, bull mastiff, doberman pinscher, English bull terrier, German shepherd or alsatian, Japanese akita, Japanese tosa, Rhodesian ridgeback, rottweiler, Staffordshire bull terrier, every dog of the type commonly known as a ban dog or bandog, and every other strain or cross of every breed or type of dog described in the article. The provisions are quite clear in respect of these dogs. A person shall not permit a dog to which Article 5 applies to be in a public place unless it is securely muzzled and being led by a sufficiently strong chain or leash, not exceeding two metres in length, by a person over the age of 16 years who is capable of controlling the said dog.

Section 22 of the Control of Dogs Act 1986 enables the District Court, on complaint by any interested person that a dog is dangerous and not kept under proper control, to order that the dog be kept under proper control or be destroyed. This applies to all dogs considered dangerous by the court, not just the breeds I listed. The Act further provides that the owner of a dog is liable for damages caused in an attack on any person. This is a matter for the courts and it would be inappropriate for me to comment on any specific case. However, I wish a speedy recovery to the child mentioned in media reports in the past few days. Enforcement of existing legal requirements in respect of animal welfare and dog control has been recommended by many people and organisations promoting responsible animal ownership. This is the best approach and I strongly encourage local authorities and dog owners to ensure compliance with legal requirements in the interests of public safety.

With regard to dogs in general, my Department is preparing a Control of Dogs (Amendment) Bill 2009, which is at an advanced stage and should be completed shortly. The primary objective of the Bill is to strengthen the control of dogs legal code so as to provide for the regulation of dog breeding establishments or puppy farms. Regulations will be based on the majority recommendations made by the working group which was set up to review the management of dog breeding establishments and make suitable recommendations. In tandem with this revision to the control of dogs legislation, my colleague, the Minister for Agriculture, Fisheries and Food, is preparing an Animal Health and Welfare Bill which will address animal welfare issues for all animals, including non-farm animals.