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Dáil Éireann debate -
Wednesday, 27 Nov 2002

Vol. 558 No. 2

Adjournment Debate. - Control of Dogs Act.

Ba mhaith liom buíochas a ghabháil leis an Cheann Comhairle as cead a thabhairt dom an t-ábhar seo a árdú anocht. From time to time I am horrified to hear from constituents and dog wardens about the inadequacies of the Control of Dogs Act, 1986. For example, section 19 of the Act states that the Minister may make regulations for premises holding more than five dogs over four months old. Dog wardens constantly point out that the regulations covering the holding of ten or more dogs are inadequate given that it only takes one mistreated or violent dog to severely maim or kill a person.

I refer to a letter I recently received from a female constituent. Her husband, whose right arm was amputated, was attacked by two bull mastiffs belonging to a neighbour. In regard to the Control of Dogs Act, 1986, she recommends that a special licence be required for ownership of the breeds that need to be muzzled when in public and that the facilities in which these dogs must be kept be inspected and approved by the relevant authorities before the licence is granted, and that that apply annually. She was thankful that the dogs did not attack her children and that her husband was not alone when this attack occurred. Having witnessed the attack, she does not want another family to have to go through the anguish of wondering whether a victim's arms can be saved or of seeing the disfigurement of a face with swelling, stitches etc. She said her husband is a strong man but he was thrown around and dragged like a rag doll by these animals.

Ironically, an anomaly exists in that the fine for walking a dangerous dog without a lead is €30 whereas there is a €125 on-the-spot fine for the owner of a dog fouling a public place. It is important we address the growing problem of dangerous dogs that are seen by their owners as guard dogs rather than pets.

Any dog warden will tell the Minister that they live not knowing how they will cope with the violence they encounter. I heard of a dog warden who was called to a house to take away a Staffordshire bull terrier. When he arrived 13 such terriers appeared and he could restrain only one with the standard issue restraining pole.

There are many examples of horrific attacks, such as the one in Whitestown in Blanchardstown where a German shepherd dog viciously savaged a 15 year old boy. Other breeds, like springer spaniels, are not in the dangerous category but have carried out horrific attacks on young children.

There is a clear need to update legislation, otherwise no one will be prepared to work as a dog warden. The laws in Britain are much stiffer and in the USA dog wardens may prosecute on the spot. The updating of our law must be done in consultation with the dog wardens, the various welfare organisations and local authorities. Failure to consult has led to flawed by-laws. I refer here, for example, to the by-law under which areas are sectioned off for exercising dogs. A small well trained dog is likely to be savaged if a dangerous dog is released in the same section.

Wardens strongly recommend that the law should be changed to allow a judge to order that a dog should be muzzled if it is found to be dangerous. At present, a judge can either release the dog or have it put down. Owners naturally plead for the life of their dogs, even if they are dangerous. That happened in the case of a springer spaniel. A basic requirement is that microchips should be attached to all dogs so that an owner can be traced if an animal becomes lost and held to account if it attacks any person or other animals.

Organisations such as the DSPCA and the ISPCA carry out onerous and invaluable work on everyone's behalf. In thanking them for their voluntary efforts, I appeal to the Government to recognise that there are more calls on their time and resources than they can handle. They need to be provided with realistic levels of Government resources and facilities. As Mahatma Gandhi said, the greatness of a nation can be judged by the way it treats its animals.

I urge the Government to aspire to some level of greatness and to amend the Control of Dogs Act, 1986, in consultation with the dog wardens who despair at the day to day trauma and violence they encounter, which is growing steadily worse. Security and insurance issues are becoming more serious. People are purchasing dangerous dogs because they want to protect their homes, but they are not caring for those animals properly. I ask the Minister of State to intervene and to consult the dog wardens before there are any more horrific injuries and perhaps deaths.

I thank Deputy Sargent for raising this matter. I will outline the legislative background in relation to dog control. Problems associated with dog control, including attacks referred to by the Deputy and losses of livestock caused by marauding dogs, led to the passing of the Control of Dogs Act, 1986. The Act gave county and city councils extensive dog control powers. The Control of Dogs Act, 1992, which came into operation four years ago, amended and extended the earlier Act, but its primary purpose was to address the question of dangerous dogs. The Act makes wide powers available to the Minister for the Environment and Local Government to make regulations governing the keeping of dangerous dogs. The Act also provides for higher fines and longer imprisonment for offences, as well as for wider use of on-the-spot fines.

The statutory framework the Oireachtas has put in place for the control of dogs is comprehensive. The principal features of the system now in place involve local authorities or, in some cases, the ISPCA acting on their behalf discharging dog control functions, including appointing dog wardens, operating shelters for stray or unwanted dogs, seizing stray dogs and arranging for the destruction of dogs that are not reclaimed or for which new homes cannot be found. Dog control legislation also imposes requirements on the owner or other persons in charge of a dog not to permit the dog to be in any place other than the premises of the owner or other person whose consent has been obtained. In any other place, the dog must be accompanied and kept under effectual control.

As regards dangerous dogs, the Control of Dogs Regulations, 1998, prescribe leashing and muzzling requirements in respect of ten breeds of dogs. These requirements must be observed when the dog is in a public place and the person in charge of the dog must be over 16 years of age and must be capable of controlling the dog. Furthermore, the 1986 Act gives specific powers to the courts to order that a dog, which the court considers to be dangerous, shall be kept under proper control or be destroyed.

The enabling legislation also allows the Minister to make provision for systems of identification, including microchipping. An identification system is already a statutory requirement on foot of the Control of Dogs Regulations, 1998. These regulations require the owner or other person in charge of a dog to ensure that the dog shall at all times wear a collar bearing the name and address of the owner inscribed thereon on a plate, badge or disc attached thereto. The regulations contain penalties for non-compliance with this requirement or for defacing or rendering illegible the particulars described above.

Against this background. it seems that the relatively significant costs which would accompany the introduction of any obligatory system of microchipping would not be commensurate with the benefits to be realised from such a system.

It is the only way to improve ownership.

I accept what the Deputy is saying. I had at least one bad experience with a dog, as most of us have in our profession from time to time. The problem is that the people who will not put identification collars on them will not use the microchip system.

It should be a requirement.

The law states that dogs must be muzzled and wear a collar with the owner's name inscribed on it. We are probably lax in terms of enforcement. Ownership would be proved if a law was passed which stated that dogs must be microchipped and people observed it. Perhaps we need more enforcement and stricter penalties to get the message across.

We also need resources.

The Deputy should allow the Minister to conclude.

I accept the Deputy's point. Sometimes these replies do not seem to answer a burning question. It is an horrific problem for someone to have. I will see what can be done to ensure more enforcement and penalties for those who do not observe the law. Perhaps we could also look at going further. Laws must be enforced.

Will the Minister of State meet the dog wardens?

I will see what I can do.

The Dáil adjourned at 9.30 p.m. until 10.30 a.m. on Thursday, 28 November 2002.

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