Written answers

Wednesday, 5 February 2025

Department of Rural and Community Development

Control of Dogs

Photo of Paul MurphyPaul Murphy (Dublin South West, Solidarity)
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1394. To ask the Minister for Rural and Community Development if there is a plan in relation to the steps that will be taken with XL bullies which cannot be rehomed by 1 February 2025; if so, the details of this plan; and if he will make a statement on the matter. [2550/25]

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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In July last year, a ban on XL Bully type dogs was announced in the interest of public safety following a number of horrific attacks. The ban was implemented in the following two stages:

Since October 1st 2024, new regulations have prohibited the importing, breeding, rehoming and selling of XL Bully type dogs.

Since February 1st 2025, it is illegal to own an XL Bully type dog without a ‘Certificate of Exemption’ issued by the local authority in which the dog resides.

The ban was brought in over two stages to give XL Bully type dog owners who wish to keep their dog, the time to obtain a 'Certificate of Exemption'. There was a four month period between the 1st October 2024 and before 1st February 2025, where these owners were able to apply for a 'Certificate of Exemption'. Charitable organisations were also able to apply for ‘Certificate of Exemptions’ for XL Bully type dogs in their care if they wished.

As part of the regulations, any registered charitable organisation who had an XL Bully type dog in their care before 1st October 2024 had until before 1st February 2024 to rehome the dog to a new owner. Any new owner must comply with all of the 'Certificate of Exemption' requirements which will allow them to keep the dog until the end of its natural life.

If a person or organisation does not wish to keep an XL Bully type dog, they can surrender the dog to their local authority Dog Warden service where the dog will be euthanised in a humane manner.

Since the 1st February 2025, if the owner of an XL Bully type dog has a ‘Certificate of Exemption’ then no further action is required. They may be requested to present that ‘Certificate of Exemption’ to a Dog Warden or member of An Garda Síochána within 10 Days, if requested.

Since the 1st February 2025, if an owner is found to have an XL Bully type dog in their possession as determined by the dog warden in accordance with the XL Bully type dog physical conformation standard, without a ‘Certificate of Exemption’ or proof of application for a ‘Certificate of Exemption’, the Dog Warden may seize the dog and have the dog euthanised in a humane manner. In addition such owners may be charged with an offence under the Control of Dogs Act 1986.

Further information on the criteria to qualify and frequently asked questions, is available on gov.ie/xlbully.

As you may be aware, a small number of Animal Welfare Organisations have sought a Judicial Review of the regulations and that Judicial Review is scheduled to be heard on 27th February 2025. As part of this process, the Organisations concerned had sought an injunction to extend the 1st February deadline for rehoming XL Bully type dogs in their care until the Judicial Review process was completed. This injunction was denied by the High Court. Therefore, it still remains illegal for these organisations to rehome an XL Bully type dog after 1st February 2025.

In addition, as part of the Judicial Review process, the Animal Welfare Organisations concerned sought a further injunction that would prohibit XL Bully type dogs in their care from being seized and/or euthanised until the determination of the Judicial Review. This injunction was granted on 31st January last.

Local authorities have been informed that they are not to seize and/or euthanise any XL Bully type dog from a relevant Animal Welfare Organisation pending the determination of the Judicial Review.

This is the only part of the regulation that is impacted by injunction. As outlined in the regulation, the only dogs that were permitted to be rehomed up to 1st February 2025 were those that were in the care of the relevant bodies before 1st October 2024.

It is illegal for any person or organisation to rehome an XL Bully type dog after 1st February 2025. This element of the regulation is not affected by the above injunction.

The injunction does not apply to members of the public or organisations, who are not “relevant bodies”.

A “relevant body” as defined in the regulations is as follows:

(a) the Irish Society for the Prevention of Cruelty to Animals, or

(b) a registered charitable organisation, within the meaning of the Charities Act 2009, whose charitable purpose, within the meaning of that Act, is the prevention or relief of suffering of animals.

Members of the public must comply with the regulations. Any owner found to be in breach of the regulations will have committed an offence under the Control of Dogs Act 1986.

It would not be appropriate to comment further with regard to the ongoing legal proceedings.

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