I thank the Cathaoirleach for allowing me to raise this issue. I welcome the Minister of State.
The primary reason I raise the issue of dangerous dogs and the need for them to be kept under reasonable control relates to the possible impact their being at liberty may have on children. However, given that the Minister of State has responsibility for the elderly, this matter is as much a concern in respect of older people as it is in respect of the young.
There is a growing trend for people to keep as pets animals that appear on the list of ten breeds of dangerous dogs. I refer here to the American pit bull terrier, the English bull terrier, the Staffordshire bull terrier, the bull mastiff, the Doberman Pinscher, the German shepherd or Alsatian, Rhodesian ridgeback, Rottweiler, the Japanese akita, the Japanese tosa and every strain or cross of these breeds.
I raise this matter on foot of a situation that was recently brought to my attention involving a young family that lives next door to a house where a Rottweiler is kept as a pet. The Rottweiler escapes on a fairly regular basis and then appears on the private property of the family in question. The difficulty is that the parents feel they can no longer allow their children to play outside, particularly because the Rottweiler previously entered their property and tossed one of the children. The parents to whom I refer have made reasonable attempts to keep their property secure by erecting fences but the dog continues to gain entry. They are worried that the dog may toss the child in question again, causing it to hit its head and be either seriously injured or killed.
It appears that until the dog mauls or bites the child — no one knows too many Rottweilers, Doberman Pinschers or Alsatians that will stop at giving someone a gentle nip — the matter cannot be pursued. The Control of Dogs Act 1986 and the Control of Dogs Regulations 1998 specifically state that dangerous dogs must be kept under proper control or destroyed. I am not suggesting that the animal to which I refer should be destroyed. I am merely using the case as an example. According to the regulations, "These dogs, or types and crosses thereof, must whenever they are in a public place, be kept on a short strong lead by a person over 16 years of age who is capable of controlling them". The regulations also stated that such dogs must be securely muzzled. I am concerned that the term "public place" is interpreted in this instance as a public park. An immediate intervention must be made, in the context of the regulations, to ensure that where dogs gain entry to other people's private property, serious sanctions can be imposed.
The parents of the family to which I refer have done everything reasonable to work with their neighbours in order to resolve the situation. They feel that if they take the matter to court, the judge hearing the case will merely direct that the dog be kept under control and that everything will be fine. The children involved do not feel entitled to go outside to play because they do not know when the dog will appear. In addition, they do not know whether it is going to be friendly or whether it will toss them and cause an accident.
The answer from the Minister of State will probably indicate that animal welfare legislation is due to be put in place in the next 18 months and that perhaps cases such as that to which I refer can be dealt with under it. People are concerned, however, that if they are obliged to wait 18 months it might be too late. I wish the Minister of State to clarify whether an intervention can be made by the dog warden or the Garda if one of these listed breeds is found not wearing a muzzle and a short lead and is not under the control of someone over 16 years of age. I want to be informed as to the strength of the regulations. If they are not sufficiently robust, the Minister for the Environment, Heritage and Local Government should immediately bring forward a new regulation that will change the position.
The members of the family to which I refer are living in terror. I do not believe they are on their own in that regard. Having spoken to colleagues in the Seanad and the Lower House, I am aware that there appears to be an increasing trend to keep these types of dogs as family pets. I am a dog lover and I do not have any difficulty with people keeping particular breeds as pets. It is when their choice of pet begins to impact on those around them that issues arise.
I have provided a specific example to try to outline the fact that there is widespread concern about this matter. Urgent action is required in respect of the case to which I refer and others like it that have not been brought to the attention of the Minister for the Environment, Heritage and Local Government.
