Chris Andrews (Sinn Fein)
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I congratulate the Minister on his new position. It is well deserved. Last year, the Fine Gael Minister in the previous Government spent €400,000 on a campaign to highlight the need for dog owners to be responsible dog owners. A few months later, the Minister was banning XL bullies and targeting specific dogs, rather than targeting behaviour, and letting irresponsible owners off the hook. This was populist and it was also extremely unfair to dogs. The Government said it wanted to keep the law in unison with a similar law north of the Border. However, it did not copy the process that exists north of the Border but cherry-picked elements of the process. This meant the XL bully ban here in the Twenty-six Counties has no appeals process. It is deeply unfair. Without an appeals process, dogs have been killed on the word of a dog warden, who has no expertise in determining whether a dog is an XL bully.

The Government's record on dog welfare is lamentable. The Government's attitude towards animal welfare is lamentable. Look at the poor horse that died of starvation in a field in Limerick or the horse running down O'Connell Street. We are the puppy farm capital of Europe. Back-street dog breeders do what they want. Wardens are mostly afraid to tackle the back-street breeders. The Government needs first to implement the laws we have on dog welfare and then create a safe environment for dogs in Ireland. On the bully ban, there is no appeals process and this is simply unfair on both dogs and owners. If we are going to implement a ban and, as a result, kill many dogs, we need to have at least an appeals process.

Six dog welfare rescue groups are taking a judicial review and challenging the lack of an appeals process. I acknowledge the six groups that took the case: Working Animal Guardians, WAG, Dog Angels Ireland, My Lovely Horse Rescue, Wicklow Animal Welfare, Clare Animal Welfare and the Haven. It is notable that none of the big dog welfare groups joined this judicial review. They took the case and I understand that, in court on Tuesday, there was an agreement by the Government's legal team to have an appeals process. There is no point in having an appeals process unless it actually works and is fair, and leads to dogs being treated better. Working Animals Guardians does unbelievable work. It achieved charity status last year. It has said that, in any appeals process, there must be a qualified, independent dog identification expert. Dog wardens would not be the determiners of dog breeds. All costs should be incurred by the State and the burden of proof should be on the State, regardless of appeal outcome. WAG also states that the dog should remain in the home and dogs should not be confiscated or impounded during the appeals process. There should be a certificate of exemption issued after the independent appeal if a dog is classified as an XL bully. On protection of dogs in pounds and rescues, WAG emphasises it is important that dogs in pounds and rescues are afforded the same rights as privately owned dogs and that a dog classified as an XL bully can be rehomed through a registered charity and obtain a certificate of exemption.

The Government has not published any evidence to show that the ban will achieve its aim of enhancing public safety. It has simply decided to target bully breeds rather than targeting the owners and the behaviour of the dogs. It is populist in the extreme. What will the appeals process look like?

Dara Calleary (Mayo, Fianna Fail)
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I thank the Senator for his good wishes and return them to him on his election to this House. The Control of Dogs (XL Bully) Regulations 2024, SI 491 of 2024, which provided for the banning of XL bully-type dogs, came into force in two stages, beginning on 1 October 2024 last, with a full ownership ban coming into force on 1 February this year. The ban was brought in over two stages to give XL bully-type dog owners who wished to keep their dog time to obtain a certificate of exemption. There was a four-month period between 1 October 2024 and 1 February 2025 where these owners were able to apply for that certificate.

Owners should have used the published physical conformation standard to determine if their dog was an XL bully-type dog. It is the owner's responsibility to determine if their dog is covered by the ban. lf an application for a certificate of exemption, which must have been applied for before 1 February 2025, is refused for any reason, the owner would be notified in writing by their local authority. Such owners may re-apply to their local authority within ten working days if they are subsequently able to address the reason the application was refused, for example, if documentation was missing from the original application. lf further applications are refused, and a certificate of exemption is not applied for, or was not in place before 1 February 2025, owners may be required to surrender their dog to the local authority dog warden. Under the Control of Dogs (XL Bully) Regulations 2024, a dog warden may seize and detain an XL bully-type dog which is not the subject of a certificate of exemption, and destroy, or cause to be destroyed, in a humane manner, such XL bully-type dogs.

I can confirm that I intend to introduce further regulations that will provide for an appeals mechanism and 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 that defines an XL bully-type dog. It should be noted that, under the existing provisions of the Control of Dogs Act, a dog warden can make a complaint to the District Court that a dog is dangerous and not kept under proper control.Where the court determines the dog is dangerous and is not kept under proper control, the court may, in addition to any other penalty it may impose, order that the dog be kept under proper control. It is a matter for the court to determine who is liable for costs in such cases. That puts the emphasis back on the owner.

As for the Senator's remarks regarding the appeals process online, this will be a matter for the Department of Agriculture, Food and the Marine. We are transferring this function to the Department but until that happens we will work on the appeals process. I will take the Senator's comments on board as we design that.

Chris Andrews (Sinn Fein)
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I thank the Minister. I have to emphasise the importance of having an appeals process and that it is independent. When the ban was brought in, the Government had to bring an independent expert from England, Ms Debbie Connolly, because there is no expertise here in terms of identifying what an XL Bully is. Debbie Connolly trained some of the dog wardens. Some dog wardens did not go to the training, while some of those who did go to training did not attend the second day of training. It is important that there is a proper system and expertise in identifying what an XL Bully is.

We have to ensure that the wardens are not the arbiters of the identification of an XL Bully. I welcome the fact that there is an appeals process but it is important to note that the Government had to be brought to court by these six dog welfare groups. If that had not been done, an appeals process would not have been introduced. It is extremely unfair. There is a great deal of dog welfare legislation, almost none of which is enforced. We are the puppy farm capital of the world. This Government has to do better. It should not be as populist as the previous Government. I ask the Government to take a dog-welfare-centred approach to animal welfare.

Dara Calleary (Mayo, Fianna Fail)
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I acknowledge that the Senator has a long track record of working in this space. As he will be aware, we have set out that we are going to provide for an enhanced approach to dog control issues. As I said, all legislation and policy relating to the control of dogs, dog welfare and dog breeding establishments will rest with the Department of Agriculture, Food and the Marine. We are currently in discussions with the Department to transfer those functions. However, I will continue to take the area of dog control seriously. My Department will launch a national awareness campaign in the coming weeks to remind dog owners of their responsibilities. We have to remember the dog owner has serious responsibilities in every setting, particularly rural settings at the moment as we are in lambing season.

In 2024 my Department provided €2 million in capital funding to local authorities to expand and improve the conditions of their dog pounds and dog warden facilities, in addition to €2 million that was provided in 2023. We will be providing an additional €2 million for 2025, which recognises the increased demands in the area of dog control and the need to ensure resources on the ground to enforce the legislation that we have. Going back to the Senator's original remarks, the responsibility should lie with every dog owner. I very much believe that when you take on a dog it is a matter of fantastic responsibility.

Chris Andrews (Sinn Fein)
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With the ban, however, the dog is being punished.

Dara Calleary (Mayo, Fianna Fail)
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The dog owner is as well. The responsibility for a dog is on the owner. We cannot forget that.