Dáil Éireann Debate, Tuesday - 1 October 2024
593. Deputy Neasa Hourigan asked the Minister for Rural and Community Development the requirement for third party liability insurance for XL bully dog owners who have obtained a certificate of exemption for their dog; if there is no requirement, the reason this alignment with UK law has been omitted from the Irish scheme; and if she will make a statement on the matter. [38993/24]
Amharc ar fhreagra594. Deputy Neasa Hourigan asked the Minister for Rural and Community Development the reasons local authorities may refuse to grant a certificate of exemption to a dog owner under the XL bully ban; and if she will make a statement on the matter. [38994/24]
Amharc ar fhreagra595. Deputy Neasa Hourigan asked the Minister for Rural and Community Development if previous complaints or orders against either an owner or an individual dog would be a reason that local authorities may refuse to grant a certificate of exemption to a dog owner under the XL bully ban; and if she will make a statement on the matter. [38995/24]
Amharc ar fhreagra596. Deputy Neasa Hourigan asked the Minister for Rural and Community Development if the terms of a tenancy between the local authority and a tenant will be considered as a reason that local authorities may refuse to grant a certificate of exemption to a dog owner under the XL bully ban; and if she will make a statement on the matter. [38996/24]
Amharc ar fhreagra597. Deputy Neasa Hourigan asked the Minister for Rural and Community Development if persons under the age of 16 years will be permitted to conduct a dog on a lead in a public setting under the new XL bully ban; and if she will make a statement on the matter. [38997/24]
Amharc ar fhreagra598. Deputy Neasa Hourigan asked the Minister for Rural and Community Development if she will outline the appeals process for dog owners under the new XL bully ban where a dog meets some, but not all, of the nominated attributes; what guidance she has provided to local authorities on this; and if she will make a statement on the matter. [38998/24]
Amharc ar fhreagra599. Deputy Neasa Hourigan asked the Minister for Rural and Community Development if all certificates of exemption under the XL bully ban are transferable between local authority areas; and if she will make a statement on the matter. [38999/24]
Amharc ar fhreagra600. Deputy Neasa Hourigan asked the Minister for Rural and Community Development if she will outline the guidance her Department has received on GDPR as it relates to the XL bully ban from the Data Commissioner; and if she will make a statement on the matter. [39000/24]
Amharc ar fhreagra601. Deputy Neasa Hourigan asked the Minister for Rural and Community Development if she will clarify who, dog warden or senior staff member, within a local authority will sign the final order for a dog to be seized under the new XL bully ban; and if she will make a statement on the matter. [39001/24]
Amharc ar fhreagraI propose to take Questions Nos. 593, 594, 595, 596, 597, 598, 599, 600 and 601 together.
The XL Bully type dog ban comes into force in two stages beginning today, the 1st October 2024, with a full ownership ban coming into force on the 1st February 2025.
The period between these two dates will allow current XL Bully type dog owners time to apply for a Certificate of Exemption from their Local Authority to permit them to keep their dog until the end of its natural life. I have decided that there will be no application fee for the Certificate of Exemption.
All XL Bully type dogs must have a Certificate of Exemption or proof of application for the Certificate of Exemption from the 1st February 2025.
In both the UK and Northern Ireland, one of the criteria for the granting of a Certificate of Exemption is the requirement to have third-party public liability insurance. This is provided through the Companion Club in the Dogs Trust, however, this option is not available to owners of XL Bully type dogs in the Republic of Ireland. For that reason, I decided that it was not fair to owners of XL Bully type dogs to impose a requirement in the regulations that was not attainable.
All XL Bully type dog owners will be required to licence, microchip and neuter their dogs. Further information on the XL Bully type dog ban, including the criteria to qualify and the documentation to be included with their application for a Certificate of Exemption is available on gov.ie/xlbully.
If an application for a Certificate of Exemption is refused for any reason, the owner will be notified in writing by their Local Authority. Such owners may re-apply if they are subsequently able to address the reason why the application was refused for example if documentation was missing from the original application.
As the Deputy is aware, my Department has overall policy responsibility for the Control of Dogs Acts. Local Authorities have responsibility for all operational matters under the Control of Dogs Acts including enforcement. The terms of a tenancy between a Local Authority and a tenant are a matter for each Local Authority.
The owner of an XL Bully type dog must ensure that the premises at which the XL Bully type dog is kept are appropriate for the welfare of the dog, and that such premises are secured in a manner which prevents the dog from escaping.
As a cross of restricted breeds, XL Bully type dogs are already subject to the existing additional controls. This means when in a public place, these dogs must be securely muzzled, being led by a sufficiently strong chain or leash, not exceeding two metres in length, by a person over the age of sixteen years who is capable of controlling the dog.
Owners should use the Physical Conformation Standard to determine if their dog is an XL Bully type. It is the owner’s responsibility to determine if their dog is covered by the ban. If owners think their dog could be an XL Bully type dog, they should comply with all new requirements. This includes puppies that have the potential to become an XL Bully type dog.
If the owner of an XL Bully type dog in possession of a Certificate of Exemption changes their place of residence for more than 30 days, they must make an application for a new Certificate of Exemption to include the address of their new place of residence. If the owner's new place of residence is located in a different Local Authority area to the Local Authority that issued the original Certificate of Exemption, the owner must make the application for a new Certificate to their new Local Authority and send a copy of the application, marked “For Information Only”, to the Local Authority which issued the original Certificate.
My Department is committed to protecting the rights and privacy of all its data in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Acts 1988 to 2018. My Department has a Data Protection Policy in place and a Data Protection Officer as required by Article 37 of the GDPR. Any processing of personal data is performed in compliance with the principles relating to processing under the GDPR.
Finally, I can confirm that a dog warden may seize and detain an XL Bully type dog which does not have a Certificate of Exemption on and after 1st February 2025.
Detailed answers to frequently asked questions regarding Ireland's XL Bully regulations are available on gov.ie/xlbully.
