Thank you for contacting me about dangerous dogs and XL Bullies.
I share the widespread public concern about the recent distressing rise in dog attacks and I would like to express my deepest sympathy to the families of the victims.
Under the Dangerous Dogs Act 1991, it is an offence to allow any dog to be out of control in any place. In addition, the Dogs Act 1871 allows a complaint to be made to a Magistrates’ court by any individual, the police, or local authorities where dogs are dangerous and not kept under proper control. The court may make any order it considers appropriate to require owners to keep their dogs under proper control.
I recognise the strength of feeling regarding the existing provisions around dog breeds in the Dangerous Dogs Act 1991. However, I am also aware that any changes to current legislation would require careful consideration to ensure that public safety remains at its heart.
Simply repealing the breed specific provisions contained in the Dangerous Dogs Act with no other changes may increase the risks to public safety. The Government firmly believes that these restrictions play an important part in tackling dangerous dogs.
In December 2021, the Department for Environment, Food and Rural Affairs (Defra) published research in collaboration with Middlesex University, investigating measures to reduce dog attacks and promote responsible dog ownership across all breeds of dog. It included recommendations relating to improved data recording and collection, consistency in enforcement practice, the quality of dog training and dog awareness courses, and improved awareness of appropriate behaviour around dogs.
Defra established an expert Responsible Dog Ownership working group with the police, local authorities and animal welfare experts to identify additional measures to reduce dog attacks and promote responsible dog ownership. I look forward to reading more about the group’s recommendations in due course.
XL Bully Dogs
While I recognise that this is a sensitive issue, the Government has a responsibility to maintain public safety. XL Bully dogs are large, muscular animals which can also be unpredictable and uncontrollable, as well as highly protective to their owners and aggressive to others. There has been an increase in dog attacks in recent years, with the XL Bully disproportionately involved in this rise. Ministers have therefore added XL Bully breed types to the list of breeds prohibited by the Dangerous Dogs Act 1991. I firmly believe that this will reduce the risk to the public.
New restrictions on the XL Bully dogs came into force on 1 January 2024, making it a legal requirement for all XL Bully dogs to be kept on a lead and muzzled when in public. It is also illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray.
Owners who wish to legally keep their dogs have until 31 January 2024 to register their dog on the Index of Exempted dogs. They will receive a Certificate of Exemption and will need to comply with the requirements of the Index, including that all dogs on the Index must be neutered (there is a longer deadline to allow for younger dogs to be safely neutered). Owners must hold public liability insurance and ensure that it is microchipped, kept on a lead, muzzled in public, and kept in a secure place so it cannot escape. Further details can be found here: https://www.gov.uk/guidance/prepare-for-the-ban-on-xl-bully-dogs
Regarding breed classification, a group of experts was convened to define the physical characteristics of the breed type. This included representatives from the police, local authorities, devolved administrations and animal welfare experts. The official definition of the XL Bully breed provides clear assessment criteria for owners and enforcement authorities.
I understand that it is the owner or keeper’s responsibility to identify whether their dog may be an XL Bully; owners need to check the dog’s physical characteristics against the definition. The Department for Environment, Food and Rural Affairs (Defra) has recommended taking a precautionary approach, and therefore, owners who are unsure if they have an XL Bully should comply with all the requirements for this dog type. The full definition can be found here: https://www.gov.uk/government/publications/official-definition-of-an-xl…
The transition period for owners to apply for an exemption is open and application forms can be found here: https://www.gov.uk/guidance/apply-for-a-certificate-of-exemption-to-kee…
The Government must balance the views of those who want to repeal or amend breed specific legislation within the Dangerous Dogs Act 1991 with their responsibility to ensure that the public is protected from dog attacks. Given this rise in fatalities and other attacks, Ministers have been clear that decisive action is needed, aimed specifically at the XL Bully.
Thank you again for taking the time to contact me.
Craig Whittaker MP
January 2024