DDA Confusion In Northern Ireland As Bruce Awaits His Fate On Deathrow

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DDA Confusion In Northern Ireland As

Bruce Awaits His Fate On Deathrow

Submitted by K9

Magazine News Editor on July 20, 2009 – 8:20 am3 Comments

 

Anti-BSL campaigners involved with the ‘Saving

Bruce’ campaign are questioning how an Amendment removing the

mandatory destruction for dogs found guilty of being a ‘pit

bull type’ in Northern Ireland has been in force for EIGHT

YEARS despite widespread belief to the contrary.

DDA Watch, Endangered Dogs Defence & Rescue and the

Bull Breed Advisory Service contacted UK Barrister Pamela Rose and

worked together for days [the reasons for this are set out below]

researching the legal situation for dogs found to be ‘pit

bull type’ by the courts in Northern Ireland. It was known

that an Amendment cited as the Dogs (Amendment) Act (Northern Ireland)

2001 was in existence but it is unclear and still a mystery why it

appears no one had picked up on the details of all sections and is a

situation which will no doubt have repercussions.

 

On Friday. 17th July 2009, written confirmation was received

from the Animal Identification, Legislation and Welfare Branch at the

Department of Agriculture and Rural Development (DARD) who confirmed

that all sections of the Amendment came into operation on the

expiration of two months from the date of Royal Assent which was 29th

January 2001, on the same day, Barrister Pamela Rose also received

confirmation from the Statute Law Database.

However confusion over the potential existence of an exemption

scheme seems to be spread as far as MLP’s within the Northern

Ireland Assembly who were responsible for bringing in the Amendment in

2001. As an example:

In 2007 Trevor Lunn, Alliance MLP, called for review of the

legislation believing that mandatory destruction remained the sole

option for courts. http://angie.theyworkforyou.com/ni/?id=2007-11-20.5.1

When asked in September of 2008 if, as minister for Northern

Irelands Department of Agriculture and Rural Development, Ms Gildernew

would shift emphasis from destruction of dogs to penalties for owners

in future legislation Ms Gildernew replied stating: “The

control of dogs, including dangerous dogs, is regulated under the Dogs

(NI) Order 1983, as amended by the Dangerous Dogs (NI) Order 1991. The

Order designates certain types of dogs of which it is an offence to be

in possession, such as the pit bull terrier. Local Councils are

responsible for enforcing this legislation and may seize any dog that

appears to be of a banned type. Such dogs are destroyed unless their

owner can prove that they are not of a banned type.”

http://www.niassembly.gov.uk/qanda/2007mandate/writtenans/2008/080926.htm

However the Amendment does not demand destruction.

In January 2007, six years after the Amendment came into

force, Ballymena council held the first “pit bull

Amnesty” in Northern Ireland lasting for four weeks and

resulting in the death of 15 dogs. Antrim’s Borough dog

warden commented on the proposed amnesty and was quoted in the media

saying: “The first thing you need to be aware of is that the

amendment to the Dangerous Dogs Act, which allows pit bull

“type” dogs to be registered and rehomed, does not

apply in northern Ireland.”

The Guardian newspaper article on the (then) proposed amnesty

stated in 2006: “Northern Ireland’s dangerous dogs

order is slightly different from the law in England: the regulations

are enforced by council dog wardens rather than the police and

magistrates do not have any discretion to stop a pit bull being put

down.”

The North Down Council web site refers to the legislation

stating: “The law bans the ownership, breeding, sale and

exchange, and advertising for sale of specified types of fighting

dogs.”

Yet again there is no mention of any Amendment, which enables

a court to make an order under the exemption scheme as an alternative

to destruction.

To further confuse the DARD website does not state the

potential for dogs to escape destruction nor do any of the Northern

Ireland council websites checked by the campaigners over the last few

days. It is because of this that a response and confirmation was sought

from ‘OPSI’ and from DARD.

Questions must be asked as to whether Northern Ireland council

dog wardens, charged with enforcing “dangerous dogs

legislation” and Northern Ireland Ministers and MLPs who

create the legislation that governs their country are aware of the

removal of mandatory destruction and why no steps appear to have been

taken to correct the incorrect view that an amendment was not in

existence?

Background Information on Northern Ireland

Dangerous Dogs Laws:

The Dogs (Northern Ireland) Order 1983 was amended by the

Dangerous Dogs (Northern Ireland) Order in 1991; this was the NI

equivalent of the Dangerous Dogs Act (DDA) 1991 which was introduced in

Great Britain. Both pieces of legislation contained breed specific

elements and prohibited the ownership of four types of dog mainly the

‘type of dog known as a pit bull terrier’ unless

exempted within a specified time frame after which all dogs of the

designated type which had not been fully exempted were ordered

destroyed by the courts.

Under the DDA of 1991 owners were given a short space of time

to register their dogs, the Dangerous Dogs Compensation and Exemption

Schemes Order 1991 laid out the ‘rules’ under which

a dog could be exempted and thus allowed to live out the remainder of

its life providing that the terms of exemption were adhered to.

In Northern Ireland at the same time, a statutory rule was

passed; the Dangerous Dogs Compensation and Exemption Schemes Order

(Northern Ireland) 1991 (SR No. 466), it too laid out the procedure

under which owners could exempt their dogs within a set time frame.

Both pieces of legislation were draconian is than any dog

found to be of pit bull type and not fully exempted by the deadline

dates given was ordered by the court to be destroyed-there was no

discretion available when sentencing leading to the destruction of many

family pets.

In 1997 GB passed the Dangerous Dogs (Amendment) Act and

discretion when sentencing was given to the court, this enabled dogs

found to be of a prohibited type to be ordered registered onto the

Index of Exempted Dogs if the court was satisfied that the dog would

not constitute a danger to public safety. The 1997 Dangerous Dogs

Amendment was not extended to Northern Ireland.

The campaigners researched back through the Northern Ireland

Assembly minutes to 1999 and then dissected all sections of the NI

Amendment legislation of 2001 according to the information available.

Barrister Pamela Rose confirmed that after studying the Amendment Act,

together with the minutes of the NI Assembly and the annotated statute

from the OPSI website, that discretionary powers were indeed

available-meaning that the mandatory death sentence for prohibited dogs

had been removed.

It was thought possible that not all section of the Amendment

has been passed at the same time. According to the NI Assembly the

Amendment Bill has received its first reading on the 5th June 2000 and

progressed through another six stages before being given Royal Assent

on the 29th January 2001. To be sure, all stages were researched to

detect if any sections hadn’t been enacted and the statutory

status of each piece was rigorously checked.

In GB the Amendment of 1997 refers to the ‘Dangerous

Dogs Compensation and Exemption Schemes Order 1991’ which can

be accessed online and lays out the procedure for exemption

(registration onto the Index of Exempted Dogs).

The NI Amendment of 2001 refers to a similar scheme defined in

Statutory Rule 466. Quote:

“(2) Where an order is made under sub-paragraph (a)

of Article 25C(3), Part III of the Dangerous Dogs Compensation and

Exemption Schemes Order (Northern Ireland) 1991 (SR No. 466) shall have

effect as if—“

Statutory Rule 466 is thought to be an important piece in the

jigsaw as it is expected to describe the legal process by which owners

must follow to save the life of their dog when an order is made by the

court as an alternative to destruction.

Campaigners have painstakingly searched for the elusive

document but the actual statutory rule could not be found online, which

was rather strange and extremely frustrating. There were several

references to it, and so it had to exist. Research was not helped by

the fact that the Northern Ireland assembly suspended for four years

between 2002 and 2007 and power reverted to the Northern Ireland

Office, the NI Assembly was reinstated in May 2007.

Statutory Rules NI dating back to 1991 can be found online,

but the SR 466 1991 is not listed. It is has taken time to locate it

and it’s hoped to shed further light on who is responsible

for running the exemption scheme helping to clarify a most complex and

puzzling situation which directly affects the life and death of

innocent pet dogs like Bruce in Northern Ireland.

 

For Further Information – Please Contact:

 

DDA Watch – www.dangerousdogsact.co.uk

Email: mail / Tel: 0844 844 2900

Endangered Dogs Defence & Rescue - www.endangereddogs.com

Bull Breed Advisory Service – www.bullbreedadvisoryservice.com

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