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American XL Bully dogs have been added to the list of breeds banned under the Dangerous Dogs Act.
Prime Minister Rishi Sunak vowed to ban the breed in September, when he described them as a “danger to our communities, particularly our children”.
What is the Dangerous Dogs Act?
The 1991 Dangerous Dog Act is a set of laws that limits the public to what breed of dog they can and can’t own, as well as outlining their responsibilities as owners, in keeping control of potentially dangerous dogs.The list of prohibited dogs are:
- Pit Bull Terrier
- Japanese Tosa
- Dogo Argentino
- Fila Brasileiro
In 2014, an amendment was made to the act which extended it to cover private property. Prior to this, the Act was only applicable to public spaces.
The punishment for owning any of the previously mentioned breeds varies from a £1,000 fine to six months’ imprisonment.
If any dog was to be the direct cause of loss of life and showed signs of being a ‘dangerous dog’ before the attack, the owner of such a dog could face up to 14 years’ imprisonment.
On deciding whether a dog was potentially dangerous or not prior to an attack, the court is asked to assess the temperament of the dog and also the owner’s ability to control such a dog.
According to figures from the Office for National Statistics, between 2000 and 2019, a total of 64 people in England and Wales lost their lives as a result of an attack by a dog.
The ban comes following a number of serious XL Bully attacks across the UK, including two fatal attacks in Caerphilly over the last two years.
In November 2021, ten-year-old Jack Lis died following a dog attack at a friend’s house on Pentwyn, Penyrheol.
In December 2022, grandmother Shirley Patrick, 83, was killed after being attacked by a dog on Heol Fawr, also in Penyrheol.
New rules will come into force from December 31, meaning it will be illegal to breed, sell, advertise, exchange, gift, rehome, abandon or allow XL Bully dogs to stray in England and Wales.
From this date, XL Bullies must be kept on a lead and muzzled while in public.
As of February 1 next year, it will be illegal to own an XL Bully unless it is registered on the Index of Exempted Dogs.
XL Bully owners will have until the end of January to register them if they wish to keep them, and will have to ensure their dogs are microchipped and neutered.
Owners who do not have an exemption certificate from February 1 face a criminal record and an unlimited fine if found in possession of an XL Bully. Their dog could also be seized, the UK Government has said.
Dogs under one-year-old when the ban comes in must be neutered by the end of 2024, while older dogs must be neutered by the end of June.
The UK Government has said compensation will be provided to owners who choose to have their XL Bully put down by a vet.
UK environment secretary Therese Coffey, who deals with animal welfare as part of her cabinet role, said the government was “taking quick and decisive action” to protect the public.
She added: “We will continue to work closely with the police, canine and veterinary experts, and animal welfare groups, as we take forward these important measures.”
An exact definition of the XL Bully breed has now been published by the UK Government as part of the ban.
“Not sufficient”
Caerphilly’s Labour MP Wayne David has been campaigning on the issue of dangerous dogs since the tragic death of Jack Lis in 2021.
Earlier this year, Mr David told the prime minister in the House of Commons that the Dangerous Dogs act was “woefully inadequate”.
Responding to the UK Government’s announcement on October 31, Mr David said he was “pleased action is being taken” – but added: “I’m concerned the government thinks just adding the XL Bully to the banned list is sufficient – it’s not.”
Mr David repeated his previous calls for a move away from breed-specific legislation, and said: “One of the issues now is criminal breeders will develop other variations of dog which will be equally as dangerous.
What is breed-specific legislation?
Breed Specific Legislation, which is part of the Dangerous Dogs Act, sees four breeds of dog, traditionally bred for fighting, banned in the UK.
However, campaigners from the Dog Control Coalition want to see this scrapped and replaced with a form of legislation that moves away from banning dogs based on their breed alone.
“It’s important we move beyond breed-specific legislation and bring in controls on breeding and sales.”
Mr David paid tribute to Jack Lis’ mother, Emma Whitfield, who has campaigned on the issue – and praised the ongoing work of Caerphilly County Borough Council’s and Gwent Police’s LEAD scheme.
He said the XL Bully ban should be “only the beginning” of further moves to improve dog safety legislation in the UK.
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