XL bully case taken by animal welfare charities can be settled, High Court told

Case can be struck out once new regulations are amended by the State, court told

Proposed regulations would have allowed agents for the minister for rural and community development to seize or euthanise XL bully dogs in the care of animal welfare organisations.

The case taken by a number of animal welfare charities objecting to the seizure and euthanasia of XL bully dogs in their possession has been settled and can be struck out once the controversial new regulations are amended by the State.

At the High Court on Thursday, Sunniva McDonagh SC, who appeared with Mariana Verdes BL, on behalf of six animal charities opposing the regulations, said she was happy to tell Ms Justice Sara Phelan the matter had been settled. Shelley Horan BL, for the State confirmed the matter was settled and indicated amendments to the regulations would be made.

Ms McDonagh said, on consent, the matter could be struck out, with an order for the plaintiff’s costs, but both orders could be postponed.

Counsel said she wished the injunction against the Department of Rural Development from seizing or euthanising dogs from her clients remain in place and final court orders could be made four weeks after the promulgation of the amended regulations.

Ms Justice Sara Phelan adjourned the matter for mention on April 29.

The case was put by Ms McDonagh and Ms Verdes, instructed by solicitors KOD Lyons, against the minister for rural and community development, Ireland, and the attorney general on behalf of My Lovely Horse Rescue, Clare Animal Welfare, Working Animal Guardians, Dogs Angels Ireland, Wicklow Animal Welfare and the Haven Rescue.

Stay on regulations

Last month, the High Court put a last-minute stay on the regulations, which were due to come into force the day after that hearing, February 1. The proposed regulations would have allowed agents for the minister for rural and community development to seize or euthanise XL bully dogs in the care of animal welfare organisations.

At that hearing, Mr Justice John Jordan granted the injunction after noting the lack of any review mechanism in the regulations over a dog warden's assessment of a dog's breed in advance of it being euthanised.

Mr Justice Jordan, however, refused an application from the charities petitioning the court to order a second injunction on the regulatory ban preventing the dog shelters and relevant bodies from re-homing the dogs.

Mr Justice Jordan said he was making the ruling while being conscious of public safety and in the context of dog attacks that have left people with irreparable and even fatal injuries.

In October, it became illegal to import, breed, rehome or re-sell 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 1 to re-home or export them.

A ban on individuals owning the breed without an exemption certificate also came into force, meaning local authorities can still grant certificates for owners of the breed if the dogs are licenced, microchipped and neutered.

An owner found to be in breach of the regulations by keeping an XL bully 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, a fine of up to €2,500, or both.

Ms McDonagh said there was "great concern" there was no review procedure in the regulations for dogs misidentified as XL bullys and then put down.

Mr Justice Jordan said there was "something illogical" about the legislation not providing any "review mechanism" on a warden's assessment of the breed of the dog in advance of it being euthanised.

"A patently wrong decision could result in the death of a dog who should not be euthanised, when a challenge or review would have avoided that," said the judge.

"You cannot bring a dead dog back to life," he said.