DDA Confusion In Northern Ireland As Bruce Awaits His Fate On Deathrow
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 general 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, the Barrister 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 by “Our Dogs” newspaper http://www.ourdogs.co.uk/News/2006/December2006/011206/outrage.htm as stating: “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 considered, after studying the Amendment Act, together with the minutes of the NI Assembly and the annotated statute from the OPSI website, that it appeared 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. For confirmation , the statutory data base were contacted.
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 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 and it has taken time to locate.. and it’s hoped to shed further light on who is It seems from this Order that the District Council is responsible for running the exemption scheme 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@dangerousdogsact.co.uk / Tel: 0844 844 2900
Endangered Dogs Defence & Rescue – www.endangereddogs.com
Bull Breed Advisory Service – www.bullbreedadvisoryservice.com
Highly Recommended: Learn the secrets of one of the most effective, trusted, dog training techniques ever discovered – click here!
Related posts:
Loading ...
Another prime example of taking the most simple and easy way out when dealing with animal welfare issues – everyone in power including judges, lawyers and even people who have ‘pit bull like’ dogs need to be made aware of their rights to protect their animals and each case should have been based individually – not on any blanket law ! How many dogs have been killed because of the powers not knowing the actual laws !? I am so thankful for Bruces case now – because it is certainly opening up a huge can of worms and hopefully his life will be spared, as will many others because of it ! Thank you to everyone who has worked so hard, who has asked so many questions and researched this law inside out ! And to Bruce, you will have your forever home – soon !
Reply
So it seems animal advocates researched the DDA legislation in Northern Ireland and uncovered this information which should have been made public – and certainly legal knowledge! So the amendment/exemption register for dogs (that pose no risk to the public) could have been used countless times?! How many innocent lives have been lost during the last few years?
I hope Bruce will now have safe passage and receive a full and honourable pardon!!
Good heavens, this is absolutely unbelievable, how could NI MP’s and legal teams not have known?
Speechless…
Reply
jtwaldie Reply:
July 21st, 2009 at 9:40 pm
Northern Ireland has much apologizing to do to many sentients, human and nonhuman. This MUST be investigated to the nth degree as to why this was allowed to go on for so long. Ignornace of the law is no excuse. Did not Parliament write the BSL? If they did, then they knew what was in it. Too many innocent sentient lives as well as one human life has been taken because of this law and it is now time for Parliament to “pay the piper”. Bruce MUST BE RELEASED NOW, not in two months when Parliament reconvenes. Bruces’ medical bills, and there WILL BE MEDICAL BILLs, must be paid by Parliaments’ own pockets not the taxpayers. All sentients that are now on death row must be released to a “no kill shelter” or a rescue, or to their own families. Parliament can only make one decision now, as far as I am concerned. BAN THE BSL NOW AND FOREVER! And Bruce, I have cried many tears for you, my little lamb, and you are the POSTER CHILD FOR THE ANIMAL RIGHTS MOVEMENT, in my humble opinion!
Reply
Here in this story lies the element of compassion and human kindness of those that are interested in protecting life. Bruce deserves to be returned to his forever home, and, have the government that has caused such unnecessary mental and physical duress upon Bruce, his owners and surrounding community provide compensation that reflects their regret for not knowing their own laws! I am not a lawyer, but, I think there needs to be an example made of these so called, overseers of law and justice. To be fair, perhaps a public apology would be a good first step, along with releasing Bruce. Then, those that actually apprehended Bruce from his loving family and community should be reminded that, “ignorance of the law is no excuse”! Common citizens are reminded of this edict whenever they claim to unwittingly break laws they did not know existed. Shouldn’t the same apply to those that are charged with metering out the punishment as acting in ignorance? Hmmm……seems to me that there should be one law and set of justice for all! To discern between breed specifics of animals reminds me of other regimes that have proffered this type of scheme…only it involved humans….and we know what mistakes humanity made through ignorance and lack of education about the issues in these circumstances. You would have thought in this day and age, there would be more compassion and understanding through acceptance and responsibility by humans for each other and our friends the animals. To those that have plied there time and hearts to research these laws and exemptions that are clearly stated in the statutes, THANK YOU for performing the due diligence that those entrusted with our faith have failed to do so.
Best regards,
Paul and all of the team of,
KEEP THE GREEN ALIVE !!!!
Reply
Janet Rae Reply:
July 20th, 2009 at 3:46 pm
Well said Paul. You should be a lawyer.
Reply
Paul Richmnond - Keep The Green Alive !!!! Reply:
July 21st, 2009 at 1:33 pm
Hi Janet,
I am thankful for your input and community spirit in all this. To be told, you are not the first person to tell me that I should be a lawyer. Believe me, I wish I was a lawyer. However, I do try as best as I can to be an advocate of peaceful dissemination of information and potential peaceful solutions regarding many issues that concern us all. Truth be told, I do have a journalistic back ground that spans approx. 20 years. My journalistic interests bring me to the topics of environmentalism, animal welfare and social justice. Through my community, that is directly linked with Mary Alice Pollard and Maria Daines since 2005, we have collaborated on many ventures to bring comfort and peace to those less fortunate. Our concerns involve all life as we know it in this universe and our planet Earth. We continue to give the gift of giving of our time and talents as the need arises without reservation.
Best regards,
Paul
P.S. Paul Richmond – Lawyer – Has a nice ring to it.
PEACE!
Reply
Catherine Jennings Reply:
July 20th, 2009 at 9:41 pm
I agree with Janet; extremely well said Paul. I hope the right and just resolution quickly comes to pass for poor Bruce. It is a shame that it reflects badly on us genuine Northern Irish animal lovers. Wake up Stormont!
Reply
By using this too old regulation-from 1983- in spite PANTA REI and we live now in Third Millennium ,and even Serbia has much better new regule – but you use those which are in disagreement to Constitution and by that way in disagreement to citizen-human rights . By this way , authorities of NI,and UK , and EU , do too big mentally aggression to the citizens of HALF of Third Millenium World, and we very well know defense our human rights. So , gentlemens – stop these brutal actions and bring Bruce Home, change these nonsense archaic regulations .You have kidnapp Bruce from his Home , arrest him , jailing him 2 long years , you made directly mentally aggression to Bruce and to his Familly – I am so sory , but, gentlemens , you are ordinary criminals , and your regulations are nonvalid and always was, – because this regulation are in opposite to the Constitution , in spite , maybe, your kill religion give you unacceptabe blessings,and unsuccessful supportings. Half of the Third Millenium World keep eyes on you .
Do you really want be so much arrogant to half World an to shake half World ?
Reply
Well, all I can say is I am speechless! I would like to hear from Northern Ireland’s government and I hope they are preparing to make a statement as I write this. They have much to account for, and I am eager to hear their response to the information that has been uncovered. Many thanks to Pamela Rose Esq. and DDA watch and all others involved in uncovering this unbelievable find! How could they have not know their own law? How many family pets have met their death because of this ignorance? This government has a lot of explaining to do!
Reply
Could this be the light at the end of the tunnel for Bruce… ? I really hope so.
What fantastic work by those involved in searching the red tape, well done to you.
My fingers are firmly crossed for Bruce & any other dog caught up in all of this & I really hope that we can all work to get the Dangerous dogs act overturned everywhere & better laws put in place to benefit dog’s & humans alike.
Here’s Hoping….
Reply
[...] EDIT 20/07/2009: It appears there is now confusion regarding whether the law regarding the DDA in Northern Ireland is in fact identical to th…. The situation for Bruce arose as a result of the alleged differences but it appears UK and Irish [...]
There is NO excuse for IGNORANCE. The life of an INNOCENT animal is being compromised whilst the “powers in office” are NOT doing their job – it is an outrage it takes worldwide support of others that still have compassion and respect to ANY living being to uncover such “circumstances” in NI law… To implement the death sentence instead of knowing their own law, how does this attitude reflect into other jurisdictions ???
Discriminations such as this MUST end. Bruce is a dog, not a godzilla. WE must pursue education in these dark ages, when decision makers follow the hyped up media frenzy and paranoia of myths, that lead to these fatal outcomes for INNOCENT animals labeled “pitbull types”… Just as Paul Richmond says: schemes.. that affected humans… it is high times the NI government follows other countries in the world that realized, that BSL is INEFFECTIVE, targets the INNOCENT and ruins families, causes havoc and trauma only. Implement tougher dangerous dog laws that punish irresponsible owners who brought this plight on all of us in the first place – Let Bruce go home NOW and offer a public apology for failing to do the right thing – Bruce suffered at the hands of ignorance, which must be dealt with now !
Reply
It is unacceptable that the nation of Ireland is forgetting the examples of St. Francis in favor of a few ignorant politicians.
Reply
how can this have been missed for so many years and at the cost of so many dogs lives. so many people convinced that there was no other option but to have there dogs pts. run free tiny, nigel , will, tyson, kilo, dina
Reply
Here in the Us there is an old law on the books that says once a prisoner is released from jail, he must be given a new suit and $100. It has never been removed from the books, Why??? Laziness maybe?? We sure are quit to make new laws and inforce them on others, but when it comes time to correct the laws themselves, its to much work!
Do your jobs, is all I can say!
We the people must take all this into consideration when it comes time for voting for these people and letting them keep thier jobs!
The people have the power, lets use it!
Reply
Thank GOD! For those people that would not lie down, or go away quietly!!! Thank GOD they felt bound by duty- even when government didn’t. Thank GOD for their mercy, compassion,commitment and dedication to put an end to this slaughter…Absolutely inspiring beyond comprehension-at the forces brought together for a simple common goal- to save a life. Thank GOD for that and them.
To think of all of the innocent pet dogs slaughtered in this governments name, when they knew all along the truth..How can such vileness in human beings exist in this administration- to think thay they can go to bed each night with no guilt or conscious of their actions, and could have performed such atrocities day in and day out all these years in the name of a law that was a lie.
People have lost their lives in the name of their pet dogs losing theirs.
I only hope and pray that NI citizens dont let this small victory be met without punishment and justice for all those lives already lost. Michelle Gildernew, Minister for Department of Agriculture and Rural Development, still needs to be removed from office and all of those involved in this legislation need to be held accountable to the UN and European Councils for these crimes- including and not limited to the the court system (sworn to uphold the laws of the people at all costs) and the contracted kennels and handlers that enabled the slaughter, neglect and mistreatment on a daily basis. AND they can not feign ignorance- they CAN NOT..the facts prove otherwise.
Reply
Since my childhood I have been attracted to Ireland,
however now I am very disappointed about the mentality of this country at the point that I will boycott and never visit Ireland until this discriminating and unacceptable law will be definitely abolished, and until Bruce and the other innocent Irish dogs that are in the same case as Bruce will be freed and returned to their owners.
Reply
I’m gobsmacked ! This revelation is amazing, thank you to all who have been painstakingly researching the legalities, you should be in office. I hope it will help Bruce’s case, as Maria says above… it is certainly opening up a huge can of worms and hopefully his life will be spared, as will many others because of it …I’m still gobsmacked, at such negligence, there’s no room for errors when it comes to the life or death of an innocent dog, KNOW YOUR RIGHTS ! Punish the deed not the breed.
Reply
Unbelievable!!Thank you to everyone who worked so hard and uncovered this.I hope this saves Bruce and gets him released from that hell-hole.
Reply
His only crime is being born the wrong breed in the wrong country. This is racial discrimination the same as it would be if Black, Hispanics, or Asians were banned. The individual, not the race,
should be judged.
The dog is not the problem. The real problem is irresponsible owners. Wouldn’t it be more logical to write laws to make the owner responsible for any dog no matter what breed, rather than to pick on a breed that is incorrectly assumed to be dangerous? A dog, by its nature, is protective. ANY dog can bite.
We in America, have irrational Breed Specific Legislation (BSL) in some of our cities. There are people around our country who are speaking out against these unjust laws.
I would appreciate all you can do to return Bruce home. If this is not an option, please send him to a shelter in Southern Ireland where he will be welcome. Also please consider rewriting the law to put responsibility on the owner.
Please see:
http://www.roverlution.org/ and
http://www.denverkillsdogs.com/
Reply
Well said Mary, Maria & Paul !!
Christine
Reply
The law should be changed anyway.Bull breeds are not bad.I thought discrimination had been outlawed ?
Bruce is on death row…. for what ?????
I find it hard to believe that a country did not know its own law.It is time to free these innocent dogs……..
Reply
The Northern Ireland “Government” are not entirely to blame,it was not that long ago they had to be advised that toilet seats needed
a “hole” and could not be solid,so intelligence is not one of their
strong points.
Having said that there does seem no reason for them not to send Bruce
home to his family.
Maybe then they will have to face the consequences of all the poor
family pets they have murdered illegally.
In the future they should also consider ability to read and write an
essential qualification before someone is placed in a position of power.
SEND BRUCE HOME TODAY.
Reply
Too late for our Snuffles unfortunately, but good luck to Bruce and all the other dogs!
Reply
Unbelievable that the government of Northern Ireland has ignored it’s own laws and in the process killed innocent victims and put their families through the terrible pain of losing a loved one for no reason. I hope Irish law allows for Class Action Suits. This is one that needs to be brought against all those guilty in these cases by all of those who have been affected by their cruel disregard of the law! Now let’s get Bruce and any other dogs in this position home! Shannon, your persistence hopefully has not only saved Bruce, but many others like him. Thank you to you and everyone who has joined in your fight on behalf of all of the animals who will be saved because of you!
Reply
I am totally stunned by this revelation. It amazes me that this amendment has been there all along and no one was aware of it. So many have suffered needlessly, and Bruce has been one of the latest victims. There is no excuse for ignorance to the law, and those that are responsible for putting Bruce and his family through all of this should be held accountable.
Reply
Bruce’s court hearing is before the High Court on Monday 14th September; fingers and everything else crossed.
Reply
Catherine Jennings Reply:
October 12th, 2009 at 9:14 am
Any word on the outcome of the hearing? I’ve been searching but I haven’t found any information!
Reply
There is no new news as yet on when the next legal hearing will take place.
Reply
Is there an update on Bruce? We are all waiting to hear his successful release here in Australia.
Reply