Written answers

Tuesday, 26 May 2015

Department of Environment, Community and Local Government

Control of Dogs

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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934. To ask the Minister for Environment, Community and Local Government if he will report on discussions with organisations or advisors on the Control of Dogs Act 1998; and if these organisations or advisors have advised the use of breed specific legislation as a dog-bite mitigation strategy. [19975/15]

Photo of Paul MurphyPaul Murphy (Dublin South West, Socialist Party)
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935. To ask the Minister for Environment, Community and Local Government if he will review the current Control of Dogs Act 1998 Regulations, should veterinary and animal welfare groups seek a change from a system of breed specific restrictions to breed neutral restrictions; and if he will make a statement on the matter. [19976/15]

Photo of Clare DalyClare Daly (Dublin North, United Left)
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973. To ask the Minister for Environment, Community and Local Government the veterinary bodies, animal welfare groups and other organisations consulted in relation to the Control of Dogs Act 1998 Regulations; if these groups believe these regulations are effective; the date they were last consulted for their expert opinion, in view of peer-reviewed published research advising him to seek expert advice; and if he will make a statement on the matter. [20711/15]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 934, 935 and 973 together.

Consultations in relation to controls on dogs, including in relation to the breeds to be subject to restrictions, were conducted with the Director of Veterinary Services of the Department of Agriculture, Food and Forestry, the Irish Veterinary Association (IVA), the Society for the Prevention of Cruelty to Animals (ISPCA) and the Irish Kennel Club (IKC) in 1992/1993.

The Director of Veterinary Services of the Department of Agriculture of Agriculture, Food and Forestry regarded ensuring people’s safety in respect of breeds of dogs where aggression is more markedly developed than other breeds of dogs to be of key importance in weighing up the risk posed by dangerous dogs.  He was of the view that there should be a ban on the importation of dogs of the Pit Bull Terrier, Dogo Argentina, Japanese Tosa and Filo Brasiliera breeds, and that dogs already domiciled in the State should be rigorously controlled. The existing compulsory muzzling of the 12 then-restricted breeds should be retained, except for Pit Bull Terrier and Japanese Tosa.

The view of the IVA was that dogs of the Pit Bull Terrier, Dogo Argentina, Japanese Tosa and Filo Brasilia breeds should be subject to a continued requirement for muzzling and lead control in public areas, that further importation of these dogs should be banned and that those already in the country should be neutered.

The ISPCA, while having reservations in relation to muzzling all dogs of a particular breed, understood the Minister’s first duty is to ensure as far as possible that the general public is protected from unnecessary risk. They reluctantly agreed to muzzling and maintenance on a lead in a public place of all American Pit Bull Terriers and all internationally known fighting dogs.

The IKC rejected the concept of muzzling dogs by reason of their breed.

The ISPCA was consulted in 1998 in relation to a number of matters and expressed reservations about muzzling generally as they felt it could lead to behavioural problems in dogs, and that muzzling (but not leashing) should be relaxed as a first step in the case of the Bulldog, Staffordshire Bull Terrier and English Bull Terrier. The ISPCA considered all dogs should be on a leash in a public place as many dog owners were incapable of keeping their dogs under effectual control.

To ensure as far as possible that the general public would be protected from unnecessary risk, the compulsory provision of muzzling and leashing in public was retained in the Control of Dogs Regulations 1998 for the following breeds: American Pit Bull Terrier, English Bull Terrier, Staffordshire Bull Terrier, Bull Mastiff, Doberman Pinscher, German Shepherd (Alsatian), Rhodesian Ridgeback, Rottweiler, Japanese Akita, Japanese Tosa, Bandog and strains and crosses of these breeds.

The Control of Dogs (Restriction of Certain Breeds) Regulations 1991, repealed by the 1998 Regulations, also included the Bulldog on the list of restricted breeds. The Bulldog was not included on the list of restricted breeds in the 1998 Regulations on advice that the breed is physically unsuitable for muzzling and is not considered to present the degree of risk posed by the other breeds of dogs.

I refer to the reply to Questions Nos. 542, 543 and 559 on 6 May 2015 in relation to the reasons why I have no plans to amend the Control of Dogs Acts 1986 to 2010 in respect of these matters.

I am satisfied that these specific control requirements for the listed breeds are a balanced and workable arrangement which recognises the rights of dog owners, respects animal welfare to the extent possible, while also taking account of the needs of society to be protected from dogs with a significant capability to inflict very serious injury, or cause death.

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