Written answers

Tuesday, 20 June 2017

Department of Housing, Planning, Community and Local Government

Control of Dogs

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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2221. To ask the Minister for Housing, Planning, Community and Local Government his plans to conduct a review of the Control of Dogs Acts 1986 to 1992; if he will appoint an expert panel to review this legislation; and if he will make a statement on the matter. [28013/17]

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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2230. To ask the Minister for Housing, Planning, Community and Local Government if he will establish a panel of experts and other interested parties to review dog bite prevention and relative legislation with a view to bringing legislation into line with other EU countries and focusing on the obligations and responsibilities of dog owners; and if he will make a statement on the matter. [28242/17]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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I propose to take Questions Nos. 2221 and 2230 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 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 requires 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. These specific control requirements in relation to certain breeds were introduced as a balanced and workable arrangement which recognises the rights of dog owners, while also taking account of the needs of society to be protected from dogs with a significant capability to inflict very serious injury or even death.

Consultation was undertaken with a range of expert bodies as part of the development of the Control of Dogs legislation and my Department remains in ongoing contact with relevant stakeholders on issues regarding dog control. In addition, the statutory responsibility for the enforcement of the relevant legislation rests with the local authorities whose dog control personnel work on enforcement on an on-going basis.

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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