Robert O'Donoghue (Dublin Fingal West, Labour)
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128. To ask the Minister for Agriculture, Food and the Marine if he has plans to review the effectiveness of the new regulations introduced in respect of XL Bully dogs; if he is satisfied that the veterinary assessments and opinions underpinning these regulations are robust, consistent and appropriately informed by evidence; if he will outline the parameters currently guiding such assessments; and if he will make a statement on the matter. [38259/25]

Martin Heydon (Kildare South, Fine Gael)
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The ban on XL Bully type dogs was announced in 2024 in the interest of public safety following a series of serious attacks. The ban was brought in over two stages to give XL Bully type dog owners who wished to keep their dog, the time to obtain a 'Certificate of Exemption'. A ‘Certificate of Exemption’ cannot be granted for an XL Bully that has not yet been neutered or deemed medically unfit for neutering. As it is not advised to neuter an XL Bully type dog until it has reached full maturity, the data in relation to the total number of dogs that are affected by the ban will not be definitive until the June 2026 figures are provided by local authorities. The effectiveness of the XL Bully regulations will be kept under review on an ongoing basis.

Regulations were introduced in September 2024 banning the importation, breeding, selling, transferring, rehoming, or abandonment of XL Bully type dogs from 1st October 2024.

From 1st February 2025, it has been illegal to own an XL Bully type dog without having a Certificate of Exemption for the dog.

There was a four-month period from October 2024 to 31 January 2025 whereby owners of an XL Bully type dog could apply to their local authority to obtain a free of charge Certificate of Exemption which would allow them to own an XL Bully type dog until the end of its natural life.

An owner could only apply for a Certificate of Exemption for a dog born before 10th December 2024, as XL Bully type dogs could not legally be born after this date, due to breeding of XL Bully type dogs being banned after 1st October 2024.

XL Bully type dogs born before 1st October 2024 had to have been owned by the owner before that date.

Where the owner is a relevant body (ISPCA or registered charity whose charitable purpose is the prevention or relief of suffering of animals), any disposal (i.e. rehoming) by such a body of the XL Bully type dog had to have taken place before 1st February 2025.

The only legally recognised method of identification of a dog as an XL Bully Type in Ireland is by use of the Physical Conformation Standard that is contained in the regulations.

In January 2025, 6 animal welfare charities sought a Judicial Review of the XL Bully regulations. As part of the legal action taken, the animal welfare charities requested injunctive relief in relation to the regulations. 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 remains illegal for these organisations to rehome an XL Bully type dog after 1st February 2025.

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.

The animal welfare charities concerned were granted an injunction that would prohibit XL Bully type dogs in their care from being seized and/or euthanised until the determination of the Judicial Review. 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 until the final determination of the Judicial Review.

A full substantive hearing in relation to the Judicial Review did not take place in February, as an agreement was reached with the animal welfare charities (Plaintiffs) to have the case struck out. The terms agreed included that the Regulations would be amended to introduce a review mechanism and that the making of final orders would be postponed until 4 weeks after the promulgation of the amended Regulations.

An amendment to the initial XL Bully regulations came into force on the 9th June 2025. These amended regulations define a review process in circumstances where a dog owner may disagree with the determination of a Dog Warden that a dog, not in possession of a ‘Certificate of Exemption’, meets the Physical Conformation Standard. If, following review by a veterinary practitioner, a dog is determined to be an XL Bully type dog, the review process allows for the relevant owner (including a charitable organisation) to obtain a Certificate of Exemption which will allow them to keep the dog until the end of its natural life, provided that the dog was born before 10th December 2024.

The amended regulations specify that the person appointed to conduct such a review shall be a veterinary practitioner registered under Part 4 of the Veterinary Practice Act 2005 (No. 22 of 2005), who is not a dog warden, nor have taken part, in any capacity, in the forming of the relevant opinion or the seizing and detaining of the relevant dog under Regulation 9(a). Therefore, I have no reason to suspect that any veterinary assessments that may take place as a result of the regulations would be anything other than robust, consistent and appropriately informed by evidence. As previously stated, the only legally recognised method of identification of a dog as an XL Bully Type in Ireland is by use of the Physical Conformation Standard that is contained in the regulations.

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.

The Dog Control Stakeholder Group, established in 2024, has been tasked with considering the policy and legislative matters under the remit of my Department in relation to the control of dogs. The stakeholder group meets regularly, and the work of the group is wide ranging and complex in nature. The group's remit includes considering the need for legislative change. This requires in depth analysis and consultation to ensure any proposed amendments are not just robust, fit for purpose and implementable but that they also deliver the best outcomes for communities and for dogs themselves. This work will take some time. However, I have no objection in principle to any measure that may improve the overall regulation of the dog breeding sector and support public safety and the welfare of dogs.