Chris Andrews (Dublin Bay South, Sinn Fein)
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288. To ask the Minister for Rural and Community Development her views on the fact that there are three photographs on Gov.ie of Bull Breeds which are not XL Bully types; the reason these photos have not been removed, as it will cause confusion for the dog wardens and it will lead to serious mistakes and the death of dogs. [41873/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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S.I. No. 491/2024 - Control of Dogs (XL Bully) Regulations 2024 that banned XL Bully type dogs came into force in two stages beginning on the 1st October 2024, with a full ownership ban coming into force on the 1st February 2025.

The ban is being brought in over two stages to give XL Bully type dog owners who wish to keep their XL Bully type dog the time to obtain a 'Certificate of Exemption'. There will be a four month period between the 1st October 2024 and before 1st February 2025, where these owners will be able to apply for a 'Certificate of Exemption'.

The images of the dogs referred to by the Deputy are contained in the “Guidance: Applying the XL Bully type physical conformation standard” published on gov.ie/xlbully and were provided by the Irish Society for the Prevention of Cruelty to Animals (I.S.P.C.A), and confirmed to be XL Bully type dogs in their care. The images published are indicative of what an XL Bully type dog looks like. A dog does not have to look exactly like the images provided to conform to the standard. I have requested my officials to source additional images to include in the physical conformation standard published on gov.ie/xlbully, to assist XL Bully owners to determine if their dog is an XL Bully type. Any further images that will supplement the Physical Conformation Standard will be published once available.

From the 1st February 2025, all owners of XL Bully type dogs must have a 'Certificate of Exemption', or proof of application for the 'Certificate of Exemption', for each dog.

All XL Bully type dog owners will be required to licence, microchip and neuter their dogs. Further information on the XL Bully type dog ban, including the criteria to qualify and the documentation to be included with their application for a 'Certificate of Exemption' is available on gov.ie/xlbully.

The regulations define an XL Bully type dog as “a dog which substantially meets the physical conformation standard specified in Schedule 1 and, in the case of an XL Bully which has not attained the age of 18 months, has the potential to do so on or after attaining that age.”

Owners should use the Physical Conformation Standard to determine if their dog is an XL Bully type dog. It is the owner’s responsibility to determine if their dog is covered by the ban. If owners think their dog could be an XL Bully type dog, they should comply with all new requirements. This includes puppies that have the potential to become an XL Bully type dog.

More information on the definition of an XL Bully type dog is in the Technical Frequently Asked Questions document available on gov.ie/xlbully.

Chris Andrews (Dublin Bay South, Sinn Fein)
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289. To ask the Minister for Rural and Community Development to outline the appeals process for dog owners for appeals where a certificate of exemption has not been issued by 1 February 2025. [41874/24]

Chris Andrews (Dublin Bay South, Sinn Fein)
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290. To ask the Minister for Rural and Community Development to outline the appeals process for dog owners for appeals where the dog has been incorrectly classified as an XL Bully. [41875/24]

Chris Andrews (Dublin Bay South, Sinn Fein)
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291. To ask the Minister for Rural and Community Development to outline the appeals process for dog owners for appeals where the original owner has to surrender the dog to a new owner/rescue group. [41876/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 289 to 291, inclusive, together.

The Control of Dogs (XL Bully) Regulations 2024 (S.I. No. 491/2024) that banned XL Bully type dogs came into force in two stages beginning on the 1st October 2024, with a full ownership ban coming into force on the 1st February 2025.

The ban is being brought in over two stages to give XL Bully type dog owners who wish to keep their XL Bully type dog the time to obtain a 'Certificate of Exemption'. There will be a four month period between the 1st October 2024 and before 1st February 2025, where these owners will be able to apply for a 'Certificate of Exemption'.

All XL Bully type dog owners will be required to licence, microchip and neuter their dogs. Further information on the XL Bully type dog ban, including the criteria to qualify and the documentation to be included with their application for a 'Certificate of Exemption' is available on gov.ie/xlbully.

Owners should use the Physical Conformation Standard to determine if their dog is an XL Bully type dog. It is the owner’s responsibility to determine if their dog is covered by the ban. If owners think their dog could be an XL Bully type dog, they should comply with all new requirements. This includes puppies that have the potential to become an XL Bully type dog.

More information on the definition of an XL Bully type dog is in the Technical Frequently Asked Questions document available on gov.ie/xlbully.

If an application for a Certificate of Exemption is refused for any reason, the owner will be notified in writing by their Local Authority. Such owners may re-apply if they are subsequently able to address the reason why the application was refused, for example if documentation was missing from the original application.

If further applications are refused, and a new certificate of exemption has not been applied for, or is not in place before February 1st 2025, owners may be required to surrender their dog to the Local Authority Dog Warden.

Under the Control of Dogs Acts, dog wardens have the power to seize any dog and detain it in order to ascertain whether an offence under the Act is being or has been committed and may enter any premises (other than a dwelling) for the purposes of such seizure and detention.

Under the existing provisions of the Control of Dogs of 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 District Court determines the dog is dangerous and not kept under proper control, the Court may, in addition to any other penalty which it may impose, order that the dog be kept under proper control or be destroyed. In such cases, the owner can appeal a decision of the District Court.

No mechanism exists in the Control of Dogs Acts to compel a dog owner to surrender their dog to a new owner or to a rescue group. No appeals process arises in the case of a voluntary act by a dog owner.

Chris Andrews (Dublin Bay South, Sinn Fein)
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292. To ask the Minister for Rural and Community Development the means by which the Government intend to monitor back-street dog breeders who are in breach of legislation regarding the breeding of XL bully dogs. [41877/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Since October 1st 2024, new regulations have prohibited the importing, breeding, rehoming and selling of XL Bully type dogs.

Anyone found guilty of an offence under the regulations shall be liable on summary conviction to a fine not exceeding €2,500 or to imprisonment for a term of up to 3 months or both. The regulations will be enforced within the framework of the primary legislation - in this case, the Control of Dogs Act 1986 and 2014. In this context, local authorities, through the Dog Warden Service will be responsible for enforcement.

Along with my colleagues Minister O'Brien and Minister Dillon, I recently announced additional resources for the Dog Warden services from 2025. The funding recognises the increased demands in the area of dog control and the need to ensure resources on the ground to enforce the pending ban on XL Bully type dogs.

My Department also has policy responsibility for the Dog Breeding Establishments Act 2010. The Act provides a regulatory framework for the licensing, monitoring and inspection of dog breeding establishments by Local Authorities and, where a serious and immediate threat exists to public health or animal health and welfare, for the closure of such establishments.

Under the Dog Breeding Establishments Act, 2010, Local Authorities are responsible for all operational activities such as the registration, inspection and regulation of Dog Breeding Establishments, including enforcement activities.