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American XL Bully dog Alamy Stock Photo

Charities seek High Court injunction over impending XL Bully ban

The charities say the Minister failed to publish the reasons why the dogs are a danger to the public.

SIX ANIMAL WELFARE organisations are seeking a High Court injunction to halt the upcoming ban on owning XL Bully dogs, due to come into force on Saturday.

The charities say the Minister for Rural and Community Development failed to publish the reasons why the animals are a danger to the public.

At the High Court today, barrister Sunniva McDonagh SC, for the six charities, said she was seeking injunctive relief against the State said she was seeking injunctive relief against the State from imposing the new law, which is due to come into force imminently.

The plaintiffs say the ban is “overly broad” and lacks appropriate safeguards for existing owners who may have their dog seized if not in possession of an exemption certificate.

In October, it became illegal to import, breed, rehome or resell XL Bully dogs, which are the largest of the American bully breed. However, animal shelters and charities with XL Bully dogs already in their facilities were given until February 1 to re-home or export them.

A ban on owning the breed without an exemption certificate also comes into force at the weekend. Local authorities can grant certificates for the dogs only if they are licenced, microchipped and neutered.

An owner found to be in breach of the regulations by keeping an XL Bully after February 1 without an exemption certificate will have committed a criminal offence under the 1986 Control of Dogs Act. The animal may be seized and euthanised and the owner subject to imprisonment of up to three months or a fine of up to €2,500, or both.

The court action, which has been brought by My Lovely Horse Rescue, Clare Animal Welfare, Working Animal Guardians, Dogs Angels Ireland, Wicklow Animal Welfare and the Haven Rescue, alleges that the regulations underpinning the ban are unlawful and “void for uncertainty”.

The six charities have brought the action against the Minister for Rural and Community Development, as well as Ireland and the Attorney General.

The charities claim the Minister failed to publish the reasons why she formed the view that XL Bullies are a danger to the public.

They allege the regulation’s definition of an XL Bully is “artificial” and, unlike the similar UK ban, does not provide exceptions for dogs under a certain height.

In an affidavit, the co-founder of My Lovely Horse Rescue told the court the charity has seen a “substantial” increase in requests to surrender bully-type dogs, with up to 10 requests per day.

Martina Kenny, co-founder of the organisation, said bully breeds in general have been negatively impacted by the new law, with more abandonments and an increasing difficulty in rehoming them.

Ms Kenny said the Minister for Rural and Community Development had failed to adopt a ban in line with that recently introduced in the UK, which provides “definitive” minimum dog heights and provides an appeals process during which a dog is not euthanised.

She said Ireland’s lack of an appeals process is “most concerning” when the regulations are “confusing and ambiguous”.

The Judicial Review hearing is now to go before Mr Justice John Jordan at the High Court tomorrow at 11am.

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