Seanad Éireann debate -
Thursday, 18 Jun 2009

Vol. 196 No. 3

Animal Control Regulations.

Senator Cecilia Keaveney

I thank the Cathaoirleach for allowing me to raise this matter yet again. I thank the Minister of State at the Department of the Environment, Heritage and Local Government, Deputy Finneran, for coming to the House to answer the matter. He has responsibility for housing. I do not know if that includes kennels.

Last weekend, a three year old child was attacked by a Japanese akita. I do not raise this issue in the light of that attack but it is pertinent to what I will say. I wish the child and her family well for her recovery.

Animal welfare legislation has been promised for some time and I believe there has been consultation on it. I am an animal lover and have always interacted well with various types of animals. There must be strenuous implications for owners who do not look after their animals or treat them well. There must also be an onus on owners to take responsibility for the actions of their pets. I hope the promised legislation will be balanced between protecting animals from abuse and ensuring they behave safely. I hope I do not seem to trivialise an important matter when I say the forthcoming legislation reminds me of the Children Act which obliges parents to be responsible for the actions of their children.

Another Japanese akita had to be put down following an attack on a teenager in County Down and a court ordered the destruction of a Japanese akita which had bitten two people in Strabane in 2008. An increasing number of people are acquiring dogs to stand out from the crowd. Do they know the background of these breeds and the danger they pose? The public must be informed about the characteristics of various breeds.

The public must also be made aware of the legislation and regulations relating to dog ownership. Legislation in the Republic of Ireland requires a Japanese akita to be kept on a short lead, muzzled and handled by a person over the age of 16. That is not the case in Northern Ireland. Legislation is being reviewed in Northern Ireland and Great Britain. The same regulations should apply on both sides of the Border. In Border areas, people from one jurisdiction often take their dogs for walks in the other. For that reason, the same level of restraint should be required in both jurisdictions.

In Denmark, a parliamentary majority was secured last week for the introduction of stricter measures for the estimated 20,000 dangerous dogs in Denmark. In that country there is a move to ensure all dogs are kept on a leash in all public areas because an animal or human is attacked by a dog every two weeks in Denmark. In 2007, Waterford County Council estimated that there were 169 dangerous dogs in the county. There were two American pit bull terriers, two bulldogs, one bull mastiff, eight doberman pinschers, eight English bull terriers, 65 German shepherds, 11 Japanese akitas, three Rhodesian ridgebacks, 32 rottweilers and 37 Staffordshire bull terriers. This increase in unusual breeds makes it important that we are aware of the characteristics of each breed and how it needs to be handled. The County Waterford dog warden does considerable work in ensuring dogs are licensed and dog owners know how to look after them.

People have a right to own dogs but ownership brings responsibility. The same applies to ownership of all animals. I hope we will see animal welfare legislation very soon and that it will strike a balance between rights and responsibilities.

Minister of State at the Department of the Environment, Heritage and Local Government (Deputy Michael Finneran)

I thank Senator Keaveney for raising this issue. I share her concern on the matter of dangerous dogs and assure her the Government takes a very serious view of the risk posed to the public, and in particular to children, by these dogs.

Section 19 of the Control of Dogs Act 1986, as inserted by section 8 of the Control of Dogs (Amendment) Act 1992, provides that the Minister for the Environment, Heritage and Local Government may, by regulations, make provision for the use and control of dogs. These regulations may make provision for the prohibition of the ownership, keeping, purchase, disposal, breeding or importation of specified classes of dogs which in the opinion of the Minister have such characteristics as to cause them to be a danger to the public. Regulations were introduced in 1998 on the leashing, muzzling and control of 11 specific breeds of dog and every other strain or cross of those breeds.

Article 5 of these regulations states that the article shall apply to every American pit bull terrier, bull mastiff, doberman pinscher, English bull terrier, German shepherd or alsatian, Japanese akita, Japanese tosa, Rhodesian ridgeback, rottweiler, Staffordshire bull terrier, every dog of the type commonly known as a ban dog or bandog, and every other strain or cross of every breed or type of dog described in the article. The provisions are quite clear in respect of these dogs. A person shall not permit a dog to which Article 5 applies to be in a public place unless it is securely muzzled and being led by a sufficiently strong chain or leash, not exceeding two metres in length, by a person over the age of 16 years who is capable of controlling the said dog.

Section 22 of the Control of Dogs Act 1986 enables the District Court, on complaint by any interested person that a dog is dangerous and not kept under proper control, to order that the dog be kept under proper control or be destroyed. This applies to all dogs considered dangerous by the court, not just the breeds I listed. The Act further provides that the owner of a dog is liable for damages caused in an attack on any person. This is a matter for the courts and it would be inappropriate for me to comment on any specific case. However, I wish a speedy recovery to the child mentioned in media reports in the past few days. Enforcement of existing legal requirements in respect of animal welfare and dog control has been recommended by many people and organisations promoting responsible animal ownership. This is the best approach and I strongly encourage local authorities and dog owners to ensure compliance with legal requirements in the interests of public safety.

With regard to dogs in general, my Department is preparing a Control of Dogs (Amendment) Bill 2009, which is at an advanced stage and should be completed shortly. The primary objective of the Bill is to strengthen the control of dogs legal code so as to provide for the regulation of dog breeding establishments or puppy farms. Regulations will be based on the majority recommendations made by the working group which was set up to review the management of dog breeding establishments and make suitable recommendations. In tandem with this revision to the control of dogs legislation, my colleague, the Minister for Agriculture, Fisheries and Food, is preparing an Animal Health and Welfare Bill which will address animal welfare issues for all animals, including non-farm animals.

Senator Cecilia Keaveney

I thank the Minister for his response. With regard to the enforcement of existing legal requirements in respect of animal welfare and dog control, I hope the forthcoming Bill will take account of the fact that an animal in a neighbouring household can be more than a nuisance, it can be a threat when it is not properly controlled. It is difficult to enforce existing legal requirements because the dog must attack the child, leaving the child practically in hospital or dead, before the gardaí can deem it a dangerous dog. In drafting the legislation people should take into consideration how easy it is to enforce existing legal requirements.