Thomas Byrne (Meath East, Fianna Fail) | Oireachtas source

I thank the Senator for raising this issue, about which I speak on behalf of the Minister for Rural and Community Development, Deputy Humphreys. The Senator is right in that the Minister has responsibility for this legislation but there are other Departments involved and it would be better if there was a different approach. We discussed this in our parliamentary party meeting last week because we are not satisfied with the situation either.

All our hearts were broken when we saw Alejandro Miszan suffer life-changing if not a life destroying injuries when he was attacked by a dog in Wexford. Our thoughts are with Alejandro and his family and friends following the horrific ordeal he endured.

As the Senator noted, the Department of Rural and Community Development has policy responsibility for dog control under the Control of Dogs Act and the Dog Breeding Establishments Act. Local authorities are responsible for operational activities under the Acts. This includes the dog licensing and dog warden service, implementation of legislation, imposing on-the-spot fines and taking court proceedings, etc. The Control of Dogs Act 1986 sets out a range of requirements for all dog owners and persons in charge of a dog. In particular, section 9 of the Act outlines specific requirements for keeping dogs under effectual control. Section 9(2) states that the owner or any other person in charge of a dog that worries livestock is guilty of an offence. It is also an offence not to have a dog licence. Prosecution under the Act allows for a fine of up to €2,500 or imprisonment for a term not exceeding three months or both. This is enforced by local authorities across the country. Section 21 of the Control of Dogs Act states that the owner of a dog shall be liable for damages associated with an attack by the dog on a person or livestock. This is a civil matter rather than something that is enforced.

The Department publishes annual dog-control statistics from all local authorities on gov.ie. There were 182 prosecutions in 2019 and the number of prosecutions in 2020 and 2021 were down to 82 and 97 respectively. We can accept that Covid-19 and level 5 restrictions had an effect on those figures. A total of 1,749 fines were issued in 2019, with 1,069 issued in 2020 and 924 in 2021. These fines cover a range of matters such as not having a dog licence, a dog not being under control, a dog not being muzzled, a dog not being leashed, livestock worrying by dogs etc.

I refer to the number of dog wardens. In 2021, the latest year for which statistics are available, there were 50 full-time dog wardens and 21 part-time dog wardens. The dog control statistics for 2022 will be collated next year and will be published on gov.ie. The Control of Dogs Act states that every local authority must employ at least one dog warden. It is a matter for each local authority to determine if more than one dog warden is required to carry out the necessary functions.

In addition to the Control of Dogs Act, the Control of Dogs Regulations 1998 outline the requirements regarding the restricted breeds of dogs, that is, dogs that are required to be leashed and muzzled when in a public place. These breeds, a list of which is available publicly, include some well-known breeds that, if kept by the right owners, are okay in their own homes. The regulations require that these breeds, or strains or crosses of them, must be kept on a short, strong lead by a person over 16 years who is able to control them when in a public place. They must also be securely muzzled when in a public place and must wear a collar bearing the name and address of their owner at all times. I have to agree with the Senator. I have seen a number of these dogs without muzzles on a regular basis. I am sure they are lovely pets once kept by the right owners. However, the law is the law and the law must be complied with. I also agree the law must be enforced.

Earlier this year, the Department published its consultation report, a Review of Measures Relating to the Control of Dogs in Ireland. This report followed a public consultation, to which over 1,000 responses were received, and is available at gov.ie. A selection of responses received from representative organisations was also published alongside the report. The review included measures relating to specific breeds and dogs in general in both urban and rural settings. Following this review, the Department intends to increase penalties for all offences under the Control of Dogs Act and the secondary legislation; to increase penalties for the offence of livestock worrying; to have greater active promotion of a culture of responsible dog-ownership in Ireland; and to amend the statutory instrument to include the presa canario breed of dog. Furthermore, under proposed amendments to the Control of Dogs Act, the Department is also considering a new provision to allow for the issuing of a dog control notice. This notice would be issued to a dog owner whose dog has been found to be out of control. It would outline the measures the owner must take to make sure the dog is controlled in a manner that ensures the safety of others and prevents further incidents. Some of these measures, which may include muzzling and leashing the dog, already apply to the restricted breeds.

These attacks are common enough and this latest attack has - not to use a pun - unleashed a debate among the people and public representatives from all parties. I am glad the Senator has provided her input today. There is no question but that we need to get this right.