Written answers

Wednesday, 6 May 2015

Department of Environment, Community and Local Government

Control of Dogs

Photo of Clare DalyClare Daly (Dublin North, United Left)
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542. To ask the Minister for Environment, Community and Local Government the action he will take in relation to research (details supplied) showing that restricting certain breeds of dogs has no bearing on protecting the public, and that the only way forward is to hold the owners responsible. [17526/15]

Photo of Seán KennySeán Kenny (Dublin North East, Labour)
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543. To ask the Minister for Environment, Community and Local Government if consideration will be given to strengthening the current Control of Dogs Acts, in view of the fact that the number of persons hospitalised for dog bites rose by 50% between 1998 and 2013, and a new study shows that the incidence of such cases here is much higher than in other European countries; if further consideration will be given to a recent research paper published in the Veterinary Journal, which argues that the current legislation controlling dangerous dog breeds is not only ineffective in reducing such hospitalisations, but could be making the problem worse; and if he will make a statement on the matter. [17547/15]

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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559. To ask the Minister for Environment, Community and Local Government in view of studies showing a higher rate of hospitalisations from dog bites (details supplied) here in comparison to other European Union States, if his Department is reviewing the situation; if measures are being considered, including legislative change, to deal with the matter; and if he will make a statement on the matter. [17691/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 542, 543 and 559 together.

The overall thrust of dog control legislation is to place the onus on dog owners and those in control of dogs to act responsibly by keeping their dogs under effectual control, irrespective of breed. Such responsible dog ownership is the key to reducing incidences of dog biting and other problem behaviours.

The Control of Dogs Acts 1986 to 2010 set out a range of requirements for all dog owners or any other person in charge of a dog. In particular, section 9 of the 1986 Act require s the owner or any other person in charge of a dog to accompany it and keep it under effectual control in any place other than the premises of the owner, the premises of the person in control of the dog, or other premises with the consent of the owner of the premises. Section 21 of the 1986 Act provides that the owner of a dog shall be liable in damages for damage caused in an attack on any person by the dog; it is not necessary for the person seeking damages to show a previous mischievous propensity in the dog, or the owner's knowledge of such previous propensity, or to show that such injury or damage was attributable to neglect on the part of the owner.

In addition to the foregoing, the Control of Dogs Regulations 1998 (as amended) set out further requirements that owners of specific breeds of dogs have to follow, namely that such dogs must be muzzled and led, on a sufficiently strong leash or chain not exceeding 2m in length by a competent person over 16 years of age when in a public place. Several jurisdictions have addressed the matter of restrictions of particular breeds of dogs in a similar way to Ireland. England, Northern Ireland, France and New Zealand all have similar restrictions on specific breeds of dog.

I have no plans to amend the Control of Dogs Acts 1986 to 2010 in respect of these matters in view of the requirement for all dog owners and those in control of dogs to keep their dogs under effectual control, and the strict liability for damages that attaches to the owner should damage be caused to a person by a dog.

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