Animal charities seek court's intervention ahead of ban on them rehoming XL bullies

High Court reporters

Six animal welfare charities have gone to the High Court seeking to stop the upcoming ban on them rehoming or exporting XL bully dogs in their care.

The court heard on Wednesday that the organisations are seeking an urgent injunction before the February 1st ban.

Last October it became illegal to import, breed, rehome or resell XL bullies, 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 beginning of next month. Local authorities can grant certificates for the dogs only if they are licenced, microchipped and neutered.

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.

On Wednesday, barrister Mariana Verdes, instructed by KOD Lyons solicitor Stephen Kirwan, was granted an urgent date for moving an application seeking permission for the charities to continue with their judicial review case.

Ms Verdes said there was an urgency to the matter as her clients are seeking injunctive relief ahead of the February 1st ban on rehoming.

Noting the case is time sensitive, Ms Justice Mary Rose Gearty said she will hear the application next Monday.

The proceedings are against the Minister for Rural and Community Development, the Attorney General and Ireland, who have not yet had a chance to respond to the claims in court.

Ireland’s human rights watchdog, the Irish Human Rights and Equality Commission, has been listed as a notice party.

The restrictions on XL bullies are being phased in via regulations signed by Minister for Rural and Community Development Heather Humphreys last September.

Ms Humphreys introduced the changes on grounds of public safety after Limerick woman Nicole Morey died in an attack by an XL bully at Ballyneety, Co Limerick, in June.

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 euthanized and the owner subject to imprisonment of up to 3 months and/or a fine.