The fatal dog attack on a young woman in Limerick, along with other recent attacks, has led to a renewal of calls for the banning of certain dog breeds. They include the XL bully, a type of bulldog, that was involved in the attack in Limerick.
The UK recently brought in a ban on XL bullies and had already made it illegal to own a number of other breeds under the 1991 Dangerous Dogs Act. There is no similar legislation here, although there are restrictions on 11 breeds including strains and crosses. The restrictions require them to be muzzled and put on a short lead by someone over the age of 16 when they are in public places. In addition, tenants of Dublin City Council and some other local authorities are banned from keeping certain breeds.
A review led by a retired deputy Garda commissioner is currently considering whether further controls are warranted.
The issue of whether certain dog breeds are innately more aggressive and pose sufficient danger to warrant banning is a contentious one. Opponents – including the RSPCA in the UK – point to the lack of scientific evidence that any one breed is intrinsically more aggressive. They argue that nurture rather than nature determines how likely a dog is to bite someone. The way a dog is raised and kept is just – if not more – important, they say.
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Even if this is the case – and we do not know if it is – policymakers must take other factors into account. The first is that the State is in no position to supervise how dogs are kept and reared. It cannot ensure that breeds of large powerful dogs are kept in a way that minimises any aggressive tendencies. Policymakers must also bear in mind the potentially lethal nature of an attack by one of these dogs, in comparison to smaller and less powerful breeds.
These two considerations – along with the imperative not to expose the public to the risk of unnecessary harm – make a reasonable argument for the introduction of a ban, even if the terms on which it operates require some thought.