Neale Richmond (Dublin Rathdown, Fine Gael)

I thank Senator Andrews for raising this matter. I ask him to bear with me. I have a slightly lengthy answer which I will deliver on behalf of the Minister for Agriculture, Food and the Marine, Deputy Heydon, who has asked me to take this Commencement matter.

The Control of Dogs (XL Bully) Regulations 2024, SI 491 of 2024, that banned XL bully dogs came into force in two stages beginning on 1 October 2024, with a full ownership ban coming into force on 1 February 2025. The ban was brought in by the then Minister for Rural and Community Development, who was responsible for dog control at that time. The XL bully-type dog is a variant of the wider American bully breed. It is typically larger in height and body shape and more muscular than other American bully-type breeds such as the micro, pocket, standard and classic breeds. It is acknowledged that XL bully is not a recognised breed and that XL bullies are a cross of restricted breeds.Therefore, it was unanimously decided by the implementation team that was established to develop the regulations that the term used with regard to describing the dogs should be XL bully-type. The only legally recognised method of identification of a dog as an XL bully-type in Ireland is by use of the physical conformation standard contained in the regulations.

The ban was brought in over two stages to give XL bully-type dog owners who wished to keep their XL bully-type dog the time to obtain a certificate of exemption. There was a four-month period between 1 October 2024 and before 1 February 2025 where owners were able to apply for a certificate of exemption. Charitable organisations were also able to apply for certificate of exemptions for XL bully-type dogs in their care during this period if they wished. As part of the regulations, any registered charitable organisation that had an XL bully-type dog in its care before 1 October 2024 had until before 1 February 2025 to rehome the dog to a new owner.

Since 1 February 2025, if an owner is found to have an XL bully type-dog in his or her possession, as determined by the dog warden in accordance with the XL bully-type dog physical conformation standard, without a certificate of exemption or proof of application for a certificate of exemption, the dog warden may seize the dog and have the dog euthanised in a humane manner. In addition, such owners may be charged with an offence under the Control of Dogs Act 1986.

A small number of animal welfare organisations sought a judicial review of the regulations. As part of this process, the organisations concerned had sought an injunction to extend the 1 February deadline for rehoming XL bully-type dogs in their care until the judicial review process was completed. This injunction was denied by the High Court. Therefore, it remains illegal for these organisations to rehome an XL bully-type dog after 1 February. As outlined in the regulation, the only dogs that were permitted to be rehomed up to 1 February were those that were in the care of the relevant bodies before 1 October 2024. It is illegal for any person or organisation to rehome an XL bully-type dog after 1 February of this year. I am informed that the case has been settled and the matter is due for mention in the High Court on 15 July.

An amendment to the initial XL bully regulations came into force on 9 June 2025. The amended regulations define a review process in circumstances where a dog owner may disagree with the determination of a dog warden that a dog not in possession of a certificate of exemption meets the physical conformation standard. If, following review, a dog is determined to be an XL bully-type dog, the review process allows for the relevant owner, including a charitable organisation, to obtain a certificate of exemption which will allow them to keep the dog until the end of its natural life, provided that the dog was born before 10 December 2024. If a person or organisation does not wish to keep an XL bully-type dog, they can surrender the dog to their local authority dog warden service where the dog will be euthanised in a humane manner.

The dog control stakeholder group, established in 2024 by the Minister for Rural and Community Development and the Gaeltacht, has been tasked with considering the policy and legislative matters with regard to the control of dogs. The stakeholder group meets regularly, and the work of the group is wide-ranging and complex in nature. The group's remit includes considering the need for legislative change. This requires in-depth analysis and consultation to ensure amendments are robust, fit for purpose, implementable and deliver the best outcomes for communities and for dogs themselves. This work will take some time. However, the Minister, Deputy Heydon, has no objection in principle to any measure that may improve the overall regulation of the dog breeding sector and support public safety and the welfare of dogs, and he is more than happy to engage with the Senator directly to achieve that.