The State is set to oppose an injunction application brought by six animal welfare organisations seeking to halt the impending ban on them rehoming or exporting XL bully dogs in their care.
The High Court has scheduled to hear the application on Friday, just one day before the ban is due to come into force.
Sunniva McDonagh SC, for the six organisations, said she is seeking injunctive relief against the State from imposing the ban on Saturday, February 1st.
The plaintiffs say the ban is “overly broad” and lacks appropriate safeguards for existing owners who may have their dog seized if not in possession of an exemption certificate.
In October, it became illegal to import, breed, rehome or resell XL bully dogs, which are the largest of the American bully breed. However, animal shelters and charities with XL bully dogs already in their facilities were given until February 1st to re-home or export them.
A ban on owning the breed without an exemption certificate also comes into force at the weekend. Local authorities can grant certificates for the dogs only if they are licenced, microchipped and neutered.
An owner found to be in breach of the regulations by keeping an XL bully after February 1st without an exemption certificate will have committed a criminal offence under the 1986 Control of Dogs Act. The animal may be seized and euthanised and the owner subject to imprisonment of up to three months or a fine of up to €2,500, or both.
The court action brought by My Lovely Horse Rescue, Clare Animal Welfare, Working Animal Guardians, Dogs Angels Ireland, Wicklow Animal Welfare and the Haven Rescue alleges the regulations underpinning the ban are unlawful and “void for uncertainty”.
Their action is against the Minister for Rural and Community Development, Ireland and the Attorney General.
They claim the Minister failed to publish the reasons why she formed the view that XL bullies are a danger to the public.
They allege the law’s definition of an XL bully, the largest of the American bully breed, is “artificial” and, unlike the similar UK ban, does not provide exceptions for dogs under a certain height.
In an affidavit, the co-founder of My Lovely Horse Rescue told the court the charity has seen a “substantial” increase in requests to surrender bully-type dogs, with it up to 10 requests per day.
Martina Kenny said bully breeds in general have been negatively impacted by the new law, with more abandonments, and it becoming more difficult to rehome them.
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