The High court has granted an injunction which effectively pauses the power granted to dog wardens to seize or euthanise XL bully dogs, after animal welfare organisations argued that the regulations do not include a review procedure and that misidentified dogs could be mistakenly put down.
The injunction was granted after a case taken by six animal welfare organisations was heard today, Friday, just one day before wardens would have acquired powers in relation to the contentious dog breed on February 1st.
The case has been brought by half a dozen organisations – My Lovely Horse Rescue, Clare Animal Welfare, Working Animal Guardians, Dogs Angels Ireland, Wicklow Animal Welfare and the Haven Rescue – against the Minister for Rural and Community Development, Ireland and the Attorney General.
They argued that dogs misidentified as XL bullies could be put down, and that the lack of review process was unfair. They also claimed the definition of an XL bully in the regulation is “artificial” and vague.
The stay will stop the regulation from being used until February 27th, when the High Court will hear substantive arguments on how the broader aspects of the Control of Dogs 2024 regulations relate to the XL bully breed.
In October of last year, it became illegal to import, breed, rehome or resell XL bully dogs. Animal shelters and charities housing the breed were given until February 1st to re-home or export them from their facilities.
In addition, a ban on members of the public owning a bully dog will come into force at the weekend unless owners have an exemption certificate from local authorities showing the dog is licensed, microchipped and neutered.
Any person owning a bully dog in breach of those regulations after tomorrow will have committed a criminal offence under the 1986 Control of Dogs Act – and may face imprisonment of up to three months or a fine of up to €2,500, or both. The animal may be seized and euthanised.
Mr Justice Jordan said he did not see “any real prejudice allowing animals to stay alive until the case is fully determined”, adding that in the interim the dogs would be cared for by “responsible people” who are volunteers.
“You cannot bring back a dead dog to life,” he said.
“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”.
However, Judge Jordan refused another injunction which would have put a halt to a ban on dog shelters rehoming XL bully dogs.