Ban on XL Bullies, Dangerous Dogs?

The fate of XL bullies and comparable breeds of dogs is under examination by a newly established high-level committee led by the Minister for Rural and Community Development, Heather Humphreys. The committee’s mandate is to consider policy recommendations regarding the future management of these dog breeds. The recent tragic incident involving Nicole Morey’s death in Ballyneety, Co Limerick, has ignited conversations about the appropriateness of these dogs’ presence in Irish society. The 23-year-old woman was fatally mauled by her dogs, which included an XL bully, at her home.

Sadly, Nicole Morey is yet another victim to add to Ireland’s dog attack fatality statistics. A 64-year-old grandmother, Teresa McDonagh, was killed in 2017 by three presa canario dogs whilst on a visit to her son’s house in Co Galway. Following her passing, recommendations were made at a coroner’s court to categorise presa canarios as restricted or dangerous breeds and to bring about regulations regarding their restraint and muzzling. Additionally, the court suggested a specialised dog licence that included specialised training for owners of such breeds; however, these guidelines were not implemented. Currently, the only obligation for dogs listed as restricted by the State is to be muzzled while in the public domain.

In further tragic instances, seven-year-old Glen Murphy suffered fatal injuries during a Rottweiler attack at a house in Dublin in 2020, and in 2021, a four-month-old baby girl, Mia O’Connell, fell victim to a dachshund-terrier cross in Waterford, who snatched her from her crib.

Those who have survived dog attacks have often sustained debilitating and life-altering injuries. A recent case from 2022 featured Alejandro Mizsan, a nine-year-old boy, who sustained terrible facial wounds from an XL bully attack in Enniscorthy, Co Wexford. Following their ordeal, Alejandro’s family has implored lawmakers to ban this breed to prevent further families from enduring such a nightmare.

In June of 2021, Darryl Brady-Graham, a 12-year-old from Dublin, was brutally mauled by a dog falling under the category of restricted breeds, necessitating a whopping 1,690 stitches for his facial wounds.

Records show an alarming rise in dog attack incident reports, soaring to over 1,700 cases between the years 2016 to 2021. The Department of Rural and Community Development confirmed that in 2022 alone, more than 300 attack victims sustained injuries from dogs. A more in-depth uncovering by Noteworthy, an online news platform, revealed a 60% surge in the rate of dog attacks in 2023, estimating about 500 occurrences throughout the year.

Surprisingly, there is yet to be a ban on any dog breed in the Republic, with XL bullies conspicuously absent on the State-prescribed restriction list, which mandates such breeds to be always muzzled and on a short leash in public, guided by individuals aged no less than 16.

Regrettably, dogs, including those belonging to the restricted breed category, continue to be traded online, usually as barely-trained puppies, leaving new owners as ill-prepared. This raises the question about the need for a complete ban on certain breeds.

Nanci Creedon, an expert on canine behaviour, strongly suggests adopting an alternative strategy. She notes that menacing tendencies in dogs can be largely avoided by equipping their owners with a deeper understanding of dog behaviours, and teaching them how to create a mitigating environment and appropriate handling techniques.

Presenting her views to the Oireachtas agriculture committee sometime last year, Creedon lamented about the preponderance of incorrect, pseudoscientific, and potentially perilous dog training advice plastered on the internet and social media platforms which the public, lacking proper State-guided instructions, resort to.

The need of the hour, according to Creedon, is to enact laws making it obligatory for prospective dog owners to pass a relevant theory test before receiving a dog license. Creedon strongly asserts, “It is crucial that dog owners are sufficiently trained to responsibly handle a dog since poor handling can inflict harm.”

Des Groome, a vet from Kildare renowned for his extensive canine expertise, has argued that while bans on aggressive dogs are necessary, targeting specific breeds is unlikely to yield results or gain favour. He noted that dog cross breeds involved in high-profile incidents, like the XL bully, could potentially circumvent such bans by simply changing their names.

Groome, instead, proposes that the ban should be enforced based upon the dogs’ physical characteristics such as the ratio of their muzzle to jaw, their weight and the distance from the ground to their shoulders. Groome pointed out that, typically, bully-types largely differ from other breeds in their physical attributes, for instance, having a broader jaw, standing taller than 50cm, and weighing more than 40kg, thereby making them more challenging to control and causing further injury when they bite.

Groome also emphasised the need for supplementing the ban on certain dog breeds with restrictions on their breeding and the import of their semen. He further stressed that neutering of the henceforth banned breeds should be a requisite.

Groome also proposed enhancing the responsibilities and powers granted to dog wardens, empowering them to levy substantial fines on culprits. He argued that while numerous regulations are already in place, they necessitate more effective enforcement.

Last week, Eamon Ryan, the Environment Minister, supported a complete ban, asserting that these dogs posed a threat not only to their owners but also to the wider community.

The issue of implementing these regulations, however, has proven to be quite challenging. Questions related to the number of prosecutions were passed between the Department of Justice and the Department of Housing and Local Government, ultimately pinning the responsibility to local authorities.

The Department of Rural and Community Development, led by Minister Heather Humphreys, holds the key role in dog control legislation. In a recent move, Humphreys tripled on-spot penalties for major offences under the Control of Dogs Act to €300 last November.

The breed in question is already banned in England and Wales and there are discussions over whether Ireland should follow suit. However, there’s data showing that only half of the 1,700 fines levied in 2022 were paid. The department couldn’t provide details on whether increased fines have been effective this year or specifics on the number of restricted breed dogs seized annually, or the fines issued since the increase.

In tandem with local authorities, the same department has been fielding queries of this kind. However, the gathering of yearly data for 2022 proved difficult due to the unreliable feedback from said local authorities, according to the department’s website.

The department’s 2022 data shows a rise in the number of dog wardens employed nationwide, with 52 full-time and 22 part-time personnel, up from 50 full-time and 21 part-time in 2021. Dog control initiatives receive their funding from the revenue generated by licences, penalties, and other in-house resources within the local authorities. Also, it is anticipated that the data for 2023 will soon be published.

Seán Canney, an independent parliamentary representative, has argued that the increased fines will be pointless unless the number of dog wardens is also increased, stating that there are currently insufficient wardens to enforce canine control.

Public denouncement of dog attacks on humans has been consistently immediate. Micheál Martin, the taoiseach, conveyed his anguish and fury following the 2022 assault on Alejandro Mizsan, declaring that even one child harmed was too many.

Unsettled by the incident, Martin stipulated a revisitation of the dog control measures and commissioned Humphreys to establish a taskforce for a comprehensive review of dog handling. Consequently, a high-level committee was formed in March to delve into the matter.

Humphreys emphasised in a recent parliamentary discussion the importance of dog owners understanding their obligations, not only towards the public at large but also towards their pets.

Humphreys pointed out this week that should the committee recommend a ban on certain breeds, she would implement such a decision.

Certain breeds, including the American pit bull terrier, the English bull terrier, and others, are already subject to restrictions in Ireland. Bans could also apply to any crossbreed or strain of these breeds.

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