Agenda item

            The Director of City Services submitted for the Committee’s consideration the following report:

“1.0      Purpose of Report/Summary of Main Issues

1.1       To provide a further update to Members about the new safeguarding measures for XL Bully breed type dogs in NI and in particular the amended timeline for introduction and additional details regarding finance and resource implications.

2.0       Recommendation

2.1       The Committee is asked to note the report.

3.0       Main Report

3.1       Timeline

            Members will be aware that on 5th March 2024 DAERA Minister Andrew Muir announced his intention to introduce new safety measures for XL Bully breed type dogs in Northern Ireland as DAERA believe it is the most appropriate way to protect public safety.

3.2       The proposed legislative timeline is outlined in Appendix 1 and includes:

·        1st Stage – May 2024: Subordinate Legislation; The Dangerous Dogs (Designated Type) (Northern Ireland) Order 2024; This was approved by the Agriculture, Environment and Rural Affairs Committee on 23rd May 2024, and will be put forward for consideration at the next scheduled Executive Committee meeting on 6th June 2024. Subject to its approval, the intention is to make the legislation on 7th June 2024, to come in to operation on 28th June 2024.

·        2nd Stage – July 2024: The Dangerous Dogs (Compensation and Exemption Schemes) (Northern Ireland) Order 2024.

·        From December 2024 it will be illegal to own an XL Bully dog without an exemption certificate.

3.3       Although the proposed legislation mirrors current legislation in the rest of the UK, the application process in Northern Ireland will differ significantly from that in the rest of the UK as it will be managed by local councils. DAERA is also currently reviewing sections relating to the transfer of ownership and the revocation of exemption certificates.

3.4       When the legislation comes into effect in Northern Ireland, it will be illegal to breed, sell, gift, exchange, abandon an XL Bully type dog, or permit it to stray. DAERA is liaising with a number of interested groups including The Dog Control Coalition and Veterinary Northern Ireland (Vet NI) on the new safeguarding measures for XL Bully breed type dogs.

3.5       Judicial Review

            A dog owner and the campaign group ‘Don't Ban Me, Licence Me’ are taking legal action against the Department for Environment Food and Rural Affairs (Defra) and were given permission to take an appeal to the High Court against the UK-wide ban on the XL Bully breed.

3.6       Guidance

            DAERA will develop guidance and practical support to allow owners to understand the impending legislative changes, including how to identify an XL Bully breed type dog using the current Defra Conformation Standard developed by the UK Government.

3.7       It remains the case that owners are responsible for controlling their dog, both at home and in public. DAERA have published advice and guidance on ‘responsible dog ownership’ and ‘sharing your house with a dog’ and it is intended that this information will also be included in upcoming messaging on XL Bully type dogs.

3.8       Owners will be required to self-assess their dog using the XL Bully breed conformation standard and where the dog meets a substantial number of the characteristics outlined, it will be considered an XL Bully breed type.

3.9       Guidance is also available for enforcement officers applying the XL Bully breed type conformation standard.

3.10      Self-Certification/Exemption Scheme

            Owners of XL Bully type dogs will be required to self-assess their dog using the conformation standard developed by Defra. An application may be made to local councils for an Exemption Certificate within a specific timeframe. After this period, it will be illegal to own an XL Bully type dog in Northern Ireland.

3.11      Details of the exemption scheme are yet to be finalised; however, it is anticipated that the application window for exemption certificates will be open from mid-summer until the end of December 2024, providing almost five months for applications to be submitted.

3.12      If an owner believes their dog to be an XL Bully type dog, they should start to prepare for the safeguarding measures being introduced which will broadly mirror those already in place in the rest of the UK.

3.13      Compensation Scheme

            DEARA also propose to introduce ‘The Dangerous Dogs (Compensation and Exemption Schemes) (Northern Ireland) Order 2024. This will mean a compensation scheme will be available should the owner of an XL Bully breed type dog not wish to adhere to the exemption measures and no longer wishes to keep their dog. Dog owners may voluntarily surrender their XL Bully type dogs for euthanasia, and receive financial compensation of £100, plus £100 towards Vets costs.

3.14      Valid compensation claims will be processed fully by DAERA and the closing date for all claims is to be confirmed.

3.15      Communications/Awareness campaign

            DAERA, in conjunction with local councils, will ensure that communications are issued in advance of the restrictions coming into effect, including details of the steps required to comply and enable the XL Bully dog owners to prepare for the changes. The main priority is to ensure that as many dogs are exempted as possible, within the specified cut off time, to avoid the scenario of having to exempt dogs via the Court process. We will liaise with colleagues in Communications, Marketing & External Affairs.

3.16      Finance and Resource Implications

            The previous Committee Report dated 2nd May 2024 provided details of the potential impact of this new legislation on our Dog Wardens, Animal Welfare Officers, Digital Services, Business Support and Finance staff, Legal Services, Kenneling and External Affairs, Communications and Marketing.

3.17      It is recognised that the implementation of the pending legislative controls for XL Bully breed type dogs will be at an annual net cost to Councils going forward. Councils are liaising with DEARA through SOLACE NI and the Northern Ireland Dog Advisory Group (NIDAG) regarding the most cost effective way of delivering this service and future funding requirements for Councils to undertake these additional responsibilities.

3.18      DAERA is liaising with the Department of Finance (DoF) on these financial impacts which include: Administration of self-certification exemption process; Upgrade/development of existing IT systems; Bespoke training of dog control (and animal welfare staff) across councils; Kenneling costs; and Legal expenses associated with enforcement activities.

3.19      Equality or Good Relations Implications/

            Rural Needs Assessment

            None.”

            The Committee noted the contents of the report.