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THE HIGH COURT today granted a last-minute reprieve to XL Bully dogs held in animal shelters across the country, just a day before a ban on the breed is set to come into effect.
The court granted a temporary injunction against the seizure or euthanasia of the breed in a case brought on behalf of six animal welfare charities - My Lovely Horse Rescue, Clare Animal Welfare, Working Animal Guardians, Dogs Angels Ireland, Wicklow Animal Welfare and the Haven Rescue.
The stay is until next month, when the matter will return to court. But what does today’s decision mean for the ban on the breed?
What is an XL Bully?
The XL Bully is a variant of the American Bully breed. The dogs are not considered a breed in their own right, but are seen as a type of the dog that is bred in a particular way. They are usually bigger in height and body shape than other American Bully breed types.
On most occasions, XL bullies have large, muscular bodies, a broad front head, a glossy and smooth coat and can grow up to approximately 20 inches tall.
Ahead of the ban, the Department of Rural and Community Development published a physical confirmation standard which owners can use to check if their dog meets the physical characteristics of an XL Bully dog.
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How will the ban work?
Last October, then-Rural and Community Development Minister Heather Humphrey introduced legislation which made it illegal to import, breed, rehome or resell XL Bully dogs.
It came after the tragic death of 23-year-old Nicole Morey, who was killed by her four dogs – one of which was an XL Bully – at her home in Limerick last June.
The new laws made it illegal to import, breed, rehome or resell XL Bully dogs.
From tomorrow, XL Bullies can no longer be legally kept by their owners unless they have a certificate of exemption issued by the local authority in which the dog resides.
The certificate can only be obtained if the dog is licensed, neutered and microchipped, and allows owners to keep their dog until the end of its natural life.
Dog owners found in breach of the certificate will have their XL Bully seized by dog wardens and gardaí, and may also face fines of up to €2,500 and three months in prison.
Animal welfare charities and shelters with existing XL Bully dogs already in their facilities are also no longer permitted to rehome or export the dogs breed from tomorrow.
Several animal welfare organisations, including the ISPCA and Dogs Trust Ireland, have questioned the efficacy of an outright ban.
Related Reads
High Court issues last minute injunction against law allowing XL Bullys in animal shelters to be put down tomorrow
What happened at the High Court?
Six animal welfare organisations sought a High Court injunction yesterday to block part of the legislation that would allow agents for the Minister for Rural Development to seize or euthanise XL Bully dogs in the care of animal shelters tomorrow.
Today, the court granted the injunction after noting the lack of a review mechanism in the regulations over a dog warden’s assessment of the dog breed in advance of it being euthanised.
Mr Justice John Jordan refused an application from the charities petitioning the court to order a second injunction on the regulatory ban preventing the dog shelters and relevant bodies from re-homing the dogs from tomorrow.
What happens next?
The ban on XL Bullies will still come into effect tomorrow morning. Today’s court ruling only affects the dogs currently in the care of animal shelters.
The stay imposed by the High Court will remain in effect until 27 February, when a substantive hearing is due to take place on the broader aspects of the Control of Dogs 2024 regulations relating to the XL Bully breed.
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