Dáil Éireann Debate, Tuesday - 31 January 2023
550. Deputy David Stanton asked the Minister for Justice if he will outline the role that An Garda Síochána has in the enforcement of legislation controlling dangerous dogs; and if he will make a statement on the matter. [4000/23]
View answerI have contacted An Garda Síochána for the information requested by the Deputy, regrettably this information was not available in time. I will write to the Deputy once the information is to hand.
The following deferred reply was received under Standing Order 51.
As you are aware the restricted dog breed list is maintained by regulation (SI 442/1998) under the Control of Dogs Acts. Under the Act, Local Authorities are responsible for the control of dogs. Each Authority must appoint a Dog Warden or Wardens who, under Section 28 of the Act, are responsible for enforcement of the Act's provisions. The Regulations state a requirement to keep any dog of the breeds listed in Article 5 must be muzzled and leashed. The Regulation does not make reference to any responsibility of An Garda Síochána under Section 16 of the Control of Dogs Act 1986, as amended. Responsibility for enforcement falls to the Dog Warden acting in co-operation with "such other persons as he believes to be necessary for the purpose of assisting him in the exercise of his powers and functions".
I am informed by the Garda authorities that An Garda Síochána have no role in the matter raised other than in assisting the Dog Wardens in carrying out their duties
Should the Dog Warden be impeded in undertaking their responsibility then that would be an offence for which there is a power of arrest under section 16(4) for which An Garda Síochána would have responsibility.
Article 6 of the Regulations states that a breach of its provisions requiring the identification of ownership of dogs is an offence under section 28(1) of the Control of Dogs Act 1986. This is prosecuted by the Local Authority following the Dog Warden issuing a notice to the person alleged of committing the offence.
The Deputy may also wish to be aware that a review of dog control legislation is currently under way, led by my colleague the Minister for Agriculture, Charlie McConalogue. Minister McConalogue and Minister for Rural and Community Development Heather Humphreys have established a Working Group to examine the issue.
I can confirm that as my remit regarding policy and legislation in this area is limited, it is not proposed to nominate any officials from within my Department to the Working Group.
