Resolution Reached in High Court Case on XL Bully Dog Regulations

Animal Welfare Organisations and State Agree to Amend Controversial Measures

In a significant development concerning animal welfare and public safety, a legal dispute over regulations permitting the seizure and euthanasia of XL Bully dogs in Ireland has been amicably resolved. The High Court was informed that the State has consented to amend the contentious regulations, leading to the settlement of the case initiated by several animal welfare charities.

Background of the Dispute

The controversy arose from new regulations introduced by the Department of Rural and Community Development, which authorised agents to confiscate or euthanise XL Bully dogs under the care of animal welfare organisations. These measures were part of a broader effort to address public safety concerns following a series of serious dog attacks attributed to this breed. However, animal welfare groups contended that the regulations were overly broad and lacked necessary procedural safeguards.

The XL Bully breed, a subtype of the American Bully, was officially banned from importation, breeding, rehoming, or resale in Ireland from October 2024. Animal shelters and charities in possession of these dogs were given a deadline of 1st February 2025 to either rehome or export them. The regulations also prohibited private ownership without an exemption certificate. Owners found in violation could face penalties, including fines up to €2,500, imprisonment for up to three months, or both.

Legal Proceedings and Injunction

In response to the regulations, six animal welfare charities—My Lovely Horse Rescue, Clare Animal Welfare, Working Animal Guardians, Dogs Angels Ireland, Wicklow Animal Welfare, and The Haven Rescue—filed a legal challenge. Represented by Senior Counsel Sunniva McDonagh and instructed by solicitors Stephen Kirwan and Elissa Sutherland of KOD Lyons, the charities sought judicial intervention to prevent the enforcement of the regulations.

On 31st January 2025, Mr. Justice John Jordan of the High Court granted an interlocutory injunction, effectively pausing the enforcement of the regulations pending a full hearing. The judge highlighted the absence of a review mechanism within the regulations to contest a dog warden’s assessment of a dog’s breed before euthanasia, stating, “You cannot bring back a dead dog to life.” This underscored the potential for irreversible harm if a dog were misidentified and unjustly euthanised.

Despite granting this injunction, Justice Jordan declined a further request from the charities to overturn the regulatory ban that prevented dog shelters and animal welfare organisations from rehoming XL Bully dogs. The judge acknowledged the serious concerns regarding public safety and noted that previous incidents involving the breed had resulted in life-altering injuries and fatalities.

Settlement and Amendments to Regulations

On 27th February 2025, during a High Court session, counsel for the animal welfare charities, Ms. McDonagh, announced that an agreement had been reached with the State to amend the disputed regulations. Consequently, both parties consented to strike out the case, with the injunction remaining in place until the amended regulations are formally enacted. Ms. Justice Sara Phelan scheduled the matter for mention on 29th April 2025 to ensure compliance with the agreed amendments.

The precise details of the regulatory amendments have yet to be disclosed. However, it is expected that a key change will be the introduction of a review or appeals process for owners whose dogs have been identified as XL Bully breed types. This will provide an opportunity to contest breed identification before any decision on euthanasia is enforced.

Implications for Animal Welfare and Public Safety

This resolution reflects a balanced approach to addressing public safety concerns while safeguarding animal welfare. The inclusion of a review mechanism in the amended regulations is anticipated to prevent potential misidentification and unjust euthanasia of dogs, thereby ensuring that enforcement actions are both fair and accurate.

The issue of dog breed identification has been widely debated, with critics arguing that the criteria used by wardens to classify dogs as XL Bullys are not always clear-cut. Many dogs share physical characteristics with restricted breeds, leading to potential misclassification. The forthcoming amendments are expected to address these concerns and establish clearer guidelines for breed assessments.

Public and Political Reactions

The initial introduction of the regulations sparked diverse reactions from the public and political figures. Some members of the public expressed support for the ban, citing safety concerns, while others, including dog owners and animal rights advocates, criticised the measures as overly harsh. Dublin TD Chris Andrews labelled the ban “too extreme,” warning that it could lead to the unnecessary euthanasia of thousands of dogs.

Animal welfare organisations and charities have also voiced concerns over the impact of the ban on shelters and rescues. With a surge in surrendered XL Bully dogs, many facilities have faced overwhelming demand and limited rehoming options. The restriction on rehoming within Ireland has further complicated efforts to find suitable homes for these animals, with some charities looking to rehome dogs in jurisdictions with more lenient regulations.

Notable Incidents Involving XL Bully Dogs

The impetus for the original regulations was a series of severe incidents involving XL Bully dogs. In June 2024, 23-year-old Nicole Morey tragically lost her life following an attack by her own XL Bully dogs in County Limerick. Additionally, in November 2022, nine-year-old Alejandro Mizsan suffered significant facial injuries after being attacked by an XL Bully while playing with friends.

These incidents, among others, prompted legislative action to address concerns regarding the breed’s temperament and risk profile. Proponents of the regulations argue that the breed has been selectively bred for strength and aggression, making them a potential threat to public safety. Opponents, however, contend that responsible ownership and proper training play a crucial role in determining a dog’s behaviour, and that breed-specific legislation unfairly targets certain breeds rather than addressing irresponsible ownership across all dog breeds.

Future Outlook

The forthcoming amendments to the regulations aim to establish a more equitable framework that addresses public safety concerns without compromising the rights and welfare of animals. The scheduled court mention in April will provide an opportunity to assess the implementation of these changes and their effectiveness in achieving the desired balance between safety and compassion.

This case underscores the importance of meticulous policy formulation that considers both public safety imperatives and animal welfare considerations. The collaborative resolution between the State and animal welfare organisations serves as a model for addressing complex societal issues through dialogue and mutual understanding.

While the XL Bully ban remains in place, the modifications to the regulations will likely set a precedent for future discussions on breed-specific legislation in Ireland and beyond. With growing calls for comprehensive and evidence-based approaches to dangerous dog legislation, policymakers may need to reassess the effectiveness of breed-specific bans and explore alternative measures, such as responsible ownership education and stricter enforcement of general dog control laws.