The case taken by a number of animal welfare charities objecting to the seizure and euthanasia of XL Bully dogs in their possession has been settled and can be struck out after the State agreed to amend the contentious new regulations.
At the High Court on Thursday, Sunniva McDonagh SC, who appeared with Mariana Verdes, on behalf of six animal charities opposing the regulations, said she was happy to tell Ms Justice Sara Phelan that the matter had been settled.
Shelley Horan, for the State confirmed the matter was settled and indicated amendments to the regulations would be made.
Ms McDonagh said that, on consent, the matter could be struck out with an order for the plaintiff’s costs but that both orders could be postponed.
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Counsel said she wished the injunction against the Department of Rural Development from seizing or euthanising dogs from her clients remain in place and that final court orders could be made four weeks after the promulgation of the amended regulations.
Ms Justice Sara Phelan adjourned the matter for mention on April 29th.
The case was put by Ms McDonagh and Ms Verdes, instructed by solicitors KOD Lyons, against the Minister for Rural and Community Development, Ireland and the Attorney General on behalf of My Lovely Horse Rescue, Clare Animal Welfare, Working Animal Guardians, Dogs Angels Ireland, Wicklow Animal Welfare and the Haven Rescue.
Last month, the High Court put a last-minute stay on the regulations, which were due to come into force the day after that hearing, February 1st. The proposed regulations would have allowed agents for the Minister for Rural and Community Development to seize or euthanise XL Bully dogs in the care of animal welfare organisations.
At that hearing, Mr Justice John Jordan granted the injunction after noting the lack of any review mechanism in the regulations over a dog warden’s assessment of a dog’s breed in advance of it being euthanised.
Mr Justice Jordan, however, 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 rehoming the dogs.
Mr Justice Jordan said he was making the ruling while being conscious of public safety and in the context of dog attacks that have left people with irreparable and even fatal injuries.
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 1st to rehome or export them.
A ban on individuals owning the breed without an exemption certificate also came into force, meaning local authorities can still grant certificates for owners of the breed if the dogs are licensed, microchipped and neutered.
An owner found to be in breach of the regulations by keeping an XL Bully 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, a fine of up to €2,500, or both.
Ms McDonagh said there was “great concern” that there is no review procedure in the regulations for dogs misidentified as XL Bullys and then put down.
Mr Justice Jordan said there was “something illogical” about the legislation not providing any “review mechanism” on a warden’s assessment of the breed of the dog in advance of it being euthanised.
“A patently wrong decision could result in the death of a dog who should not be euthanised, when a challenge or review would have avoided that,” said the judge.
“You cannot bring a dead dog back to life,” he said.
Speaking later in the Seanad, Minister for Social Protection Dara Calleary confirmed he will introduce further regulation to allow for an appeals process in relation to the ban on XL bully dogs.
Mr Calleary also confirmed that his department will launch a “national awareness campaign in the coming weeks to remind dog owners of their responsibilities”.
The Minister was responding to Sinn Féin Senator Chris Andrews who said the ban was supposed to operate in line with what applied in Northern Ireland. He said the State had cherry picked some elements of the legislation in Northern Ireland but had failed to include an appeals mechanism.
“Without an appeals process, dogs have been killed on the word of a dog warden, who has no expertise in determining whether a dog is an XL bully or not,” he said.
