Crime & LawAnalysis

Q&A: the ban on XL bully dogs - why is it happening and what will it mean for dog owners?

Government is bringing in ban as a direct response to a number of horrific attacks on people in recent years

Four-year-old XL bully dog Coby, pictured during a protest on Wednesday, September 25th, in Dublin's city centre against the ban. Photograph: Brian Lawless/PA Wire
Four-year-old XL bully dog Coby, pictured during a protest on Wednesday, September 25th, in Dublin's city centre against the ban. Photograph: Brian Lawless/PA Wire
Cormac McQuinn's picture
Cormac McQuinn Political Correspondent
Thu Sept 26 2024 - 21:21

XL bully dogs are being banned in Ireland on a phased basis starting next Tuesday, but why is this happening, what will it mean for dog owners, and how will the ban be enforced?

Q: Why are they being banned?

A: It is the first time a type of dog is being banned in Ireland and it is being done as a public safety measure. XL bully dogs have been involved in a number of horrific attacks on people in recent years. Alejandro Mizsan, a boy living in Co Wexford, suffered serious facial injuries in one incident in 2022. Limerick woman Nicole Morey died this year after being attacked by her own dogs, one of which was an XL bully.

Minister for Rural and Community Development Heather Humphreys is bringing in the ban as a direct response to these and other incidents. She has said: “While I know not everybody will agree with the ban, my ultimate priority is to protect public safety.” It also brings Irish regulations in line with similar measures in Britain and Northern Ireland. Ms Humphreys signed the regulations underpinning the ban on Thursday.

Q: How will the ban work?

A: From October 1st, there will be a ban on the breeding, rehoming, reselling and importing of XL bully dogs. From February 1st, 2025, there will be a ban on owning an XL bully unless the owner has secured a “certificate of exemption”. These will only be issued to owners who can prove their dog is licensed, microchipped and neutered.

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[ Death or Sweden: XL bully dogs shipped overseas before ban next week ]

From February, XL bully dogs without a certificate will be liable to be seized and euthanised. From Tuesday, owners who wish to keep their dog can apply for a certificate before February 1st. Should they choose not to keep their dog, they can surrender the animal to a local authority dog warden service where the dog will be “euthanised in a humane manner”.

Q: How do I know if my dog is an XL bully?

A: The Government has defined them as “a variant of the wider American bully breed type”. It is “typically larger (both in terms of height and body shape) and more muscular than other American bully breed types such as the ‘Micro’, ‘Pocket’, ‘Standard’ and ‘Classic’.”

The Government has published guidance on the “Physical Conformation Standard” – the legally recognised method of identification of a dog as an XL bully. It outlines series of detailed characteristics relating to the dog’s height, head, teeth, neck, forequarters and more that owners should refer to as they seek to determine if their dog is covered by the ban. The minimum height requirement (from 50cm at the withers for an adult male, and from 48cm for an adult female, at the withers), is key as if this is not met, the dog is not considered to be an XL bully.

Malachi the XL bully dog at a protest against the ban held outside Leinster House. Photograph: Sam Boal/Collins
Malachi the XL bully dog at a protest against the ban held outside Leinster House. Photograph: Sam Boal/Collins

Q: What is a certificate of exemption and what will it mean for the owner?

A: This will be a certificate unique to each XL bully type dog and owner. There is no fee for the certificate. It will specify the dog’s licence details, microchip details, neutering details, age and description. It will also specify the dog owner’s details including address and contact number.

The dog must be neutered by a registered vet and the owner must provide a confirmation of neutering status form to get a certificate. Owners granted the certificate will have to comply with 10 different requirements, including keeping the dog securely muzzled and on a short, strong lead when in a public place. The dog must be kept at the specified address, except for a maximum of 30 days per year.

People who are refused a certificate on the grounds that the required paperwork was not submitted can reapply with the relevant documentation. In the event of refusal of an application for any other reason, the owner may be required to surrender their dog to the local authority dog warden and it may be euthanised.

If an owner’s XL bully is born between October 1st and December 10th, the owner can apply for a certificate of exemption for the puppy. Dog owners living abroad who want to return to Ireland with their dog will be able to apply for a certificate of exemption after February 1st, but they must be able to prove they owned the dog before October 1st, 2024.

A dog rescue charity in Sweden has taken 22 XL bully dogs from Ireland who would otherwise be put down. Video: Enda O'Dowd

[ Death or Sweden: XL bully dogs shipped overseas before ban ]

Q: How will the ban be enforced?

A: Concerns have been raised in some quarters that the existing control of dogs regulations are already not being fully enforced. Ms Humphreys has previously said that dog wardens will have responsibility for enforcement but they will also have to work with the Garda. She has said more wardens are being recruited on top of the approximately 70 already in place. Her department says the power of seizure rests with dog wardens.

Q: What is the penalty for breaching the ban?

A: Under regulations, the penalties will be in line with those in the existing the Control of Dogs Act 1986. People found guilty of an offence under the Act are liable on summary conviction to a fine of up to €2,500, or to imprisonment of a term of up to three months, or both. Noncompliance could also see the dog seized and euthanised.

Q: What has the response been like?

A: There has been some concern among animal welfare organisations. When the ban was first announced in July, the DSPCA said it understood it was a “difficult decision” for the Minister and “we will wait to see how this will work in practical terms”. It said it was concerned people will panic and abandon their pets or look to already-full rescue centres to rehome them.

Ms Humphreys said a €2 million fund has been put in place to help rescue centres and to better equip dog wardens. She also said, at the time, she knows a lot of people will not agree with the decision.

“I’m a dog owner myself and I know people love their dogs. We must be mindful, however, that no dog’s life is worth more than human life. Ultimately that is what guided me in making this decision.”