Experts have warned that the new XL bully ban won’t work because of the vague definitions outlined in the law will make it hard for to root out banned animals.
Under rules drawn up by the Department for Environment, Food and Rural Affairs (Defra) and published today, it will be illegal to ‘breed, sell, advertise, exchange, gift, rehome, abandon or allow XL Bully dogs to stray’ in England and Wales from December 31.
Dog behaviour expert Stan Rawlinson told the definition as laid out by Defra was deliberately general to encompass a wide range of dogs, given the XL Bully’s loose definition.
The dog is not a recognised Kennel Club breed, but is borne out of the bloodline of the American Pit Bull Terrier, purebreds of which are banned in the UK.
He also said the definition makes it ‘totally impossible to enforce because all someone has to do is get papers to say that a dog matching that description is not an XL Bully, and nobody is going to police this’.
‘This will encompass a lot of dogs – it’s going to be totally impossible to enforce because all someone has to do is get papers to say that a dog matching that description is not an XL Bully, and nobody is going to police this.
The breeding and sale of American XL Bully dogs will be banned by the end of the year – with a ban on keeping them without a certificate following in February
Mr Rawlinson argued that the police have ‘no time’ to police and enforce the new ban which was promised by Prime Minister Rishi Sunak following a spate of high-profile attacks earlier this year, including the savaging of an 11-year-old girl and the death of a man in Staffordshire at the hands of two of the dangerous dogs.
‘The police have no time for it – they’re not coming out when people are getting burgled, they’re not going to come out for someone with a dog that looks like a mastiff to check if it’s banned,’ he said.
‘Nobody is going to admit that their dogs are of a certain bloodline and there is not a hope in hell of enforcing this. This ban isn’t going to do anything. Who’s going to enforce it? Where are the resources?
‘This government, at the moment, is flailing, and wanted to be seen to do something about XL Bully dogs. It’s not enough to just say you’re going to make the streets safer.
‘There have been more cases in the last couple of days of people being attacked – these things aren’t stopping and they will continue happening in the run up to December 31.
‘The only people that will get caught out, even then, are the ones whose dogs kill or really hurt someone. It won’t affect anyone else. This is just a sticking plaster for a very, very large wound.’
American XL bully dogs are now officially banned and owners have been offered £200 in compensation if they decide to put their animal to sleep.
It will be illegal to rehome, sell, buy, gift and breed XL Bully dogs from December 31 2023 – including allowing an XL Bully to be bred from any other combination of dogs.
From the same date, existing XL Bully owners also must keep their dogs on a lead and muzzled in public. The government is advising people to start training their dogs to wear a muzzle and walk on a lead comfortably, if they aren’t already trained.
From February 1, owning an XL Bully will be outlawed unless owners register their animal on the Index of Exempted Dogs, as required by the Dangerous Dogs Act. They can also opt to put their animals down, with compensation for the vet bills.
The government says it has ‘staggered’ the dates to give existing owners time to prepare for the laws to come in; the legislation was laid in Parliament on Tuesday.
Owners who want to keep their dogs will have until the end of January to register their dogs with the Government, and from then on must follow strict rules if they want to keep their pets.
Failing to follow the rules, or failing to register the dog on the index, will see owners potentially face criminal charges and an unlimited fine. Their dogs can also be seized under the new laws.
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 June that year.
Registering the dog on the Index of Exempted Dogs will cost £92.40; all registered owners must be over 16, and the animals must have a third party liability insurance policy covering injuries inflicted on other people.
Council dog wardens and police officers will be able to request to see the Certificate of Exemption – failure to do so within five days could lead to enforcement action.
There are already nearly 3,500 illegal dogs in England, Scotland and Wales that have been granted Certificates of Exemption under the Dangerous Dogs Act; the vast majority are pit bull terriers.
Under the existing legislation, owners must prove to the courts that their animal is not a danger to public safety and that they are a ‘fit and proper person’ to look after it. Defra has not specified whether the same process will be used for XL Bully dogs.
The government says it will compensate owners who wish to have their dogs put down before the ban comes into effect. If owners do choose to euthanised their XL Bullies, they can claim £200 compensation to cover the costs.
Guidance has been published for existing owners of XL Bullies to advise them of what needs to be done ahead of time: all dogs matching the definition must be microchipped and neutered.
The government has also published what it says is the official definition of an XL Bully dog under UK law, following consultation with dog experts, vets, police and local councils.
It defines the animal as having ‘a muscular body and blocky head, suggesting great strength and power for its size…(it is a) powerfully built individual’.
Breeders have been given nine weeks to legally sell any puppies that were bred before the legislation was tabled in Parliament today; the government says breeders considering starting a fresh litter should stop now.
News of the plan to introduce a ban in September was welcomed by many, including Jack Lis’s mother Emma Whitfield, but today animal experts expressed concerns over whether the ban could truly be enforced.
The Dog Control Coalition, which is made up of RSPCA, Blue Cross, Battersea, Dogs Trust, Hope Rescue, the Scottish SPCA, The Kennel Club and BVA, believes an opportunity to ‘completely overhaul’ the Dangerous Dogs Act has been missed.
In a statement, the group of charities said: ‘With its continued focus on specific breeds, rather than a focus on prevention and implementation of tougher penalties for those owners not in control of their dogs, (the Act) is not fit for purpose.
‘After such a worrying few weeks for responsible owners of American Bully XLs, they will be relieved that the Government has confirmed they will be able to keep their dogs, subject to them being registered and following the rules on muzzling, neutering and insurance.’
‘However, we have serious concerns about the very short amount of time in which owners have to comply with the rules, especially as the Government is yet to release information on how owners can register their dogs.’
Ian Price, 52, was mauled to death by two XL Bullies on September 14 – the ban on XL Bullies was announced by Rishi Sunak the next day
Ana Paun, 11, was attacked by an XL Bully as she walked home from buying sweets with her sister on September 11 in Birmingham
Jack Lis, 10, suffered fatal head and neck injuries after he was attacked by an XL Bully in Caerphilly in 2021; his mother has since campaigned for the breed to be banned
A mother cradles her 20-month-old that was attacked by an XL Bully in London earlier this month
The government says it is taking ‘quick and decisive action’ on XL Bully dogs to protect the public
Outraged owners took to the streets of London following the news that the breed was set to be banned – but left their animals at home
The Coalition, echoing Mr Rawlinson’s sentiments, says the definition of an XL Bully as issued by Defra is ‘hugely subjective and open to interpretation’ – and places additional stress on owners who may now worry that they could be affected.
It added: ‘There is currently no clear understanding of how many tens of thousands of dogs could fall within this breed specification, and we urge the Government to ensure that the teams responsible for enforcing this law – the police and local authorities – have the resources and training they need before the ban begins to avoid any more dogs than absolutely necessary from being caught up in this.
‘As a coalition of the country’s leading dog welfare and veterinary organisations we have only just seen the information published by Defra today and will take time to thoroughly review this, whilst continuing to support owners in any way we can, including offering support and advice.
‘We will also continue to support those working in the animal welfare sector who care for American Bully XLs, and the vets who may find themselves asked to euthanise healthy dogs for no other reason than how they look.’
Legal experts, while welcoming the ban, have also expressed concerns over whether the legislation will do enough to protect the public.
Civil litigation and criminal defence lawyer Rhianna Tsiattalou, of Stokoe Partnership Solicitors, said on Tuesday: ‘If the data available to the government and experts is that these dogs are, in fact, inherently dangerous, then Section 3 of the Dangerous Dogs Act will not go far enough to protect the public.
‘With XL bullies not being an officially recognised breed by the Royal Kennel Club, a ban on these dogs could inadvertently lead to other dog breeds being included under the same category and consequently banned in the UK.
‘While legislation can be black and white, the cross-bred nature of these dogs means that even if this ban comes into force, it would be a challenge to enforce it in every case.’
Dog trading website Puppies.co.uk says it is ‘phasing out’ XL Bully-related listings.
Bosses at the website have warned that people may simply seek out another similar breed of dog when the ban comes into effect with a similar image; the dogs are adored by celebrities as a status symbol because of their stocky build.
A spokesperson for Puppies.co.uk said: ‘People who were buying the XL bully will likely just move to the next dangerous dog breed and the cycle will restart again until that one gets banned.
‘We are calling for the government to consider further laws enforcing responsible ownership and responsible breeding of all dog breeds to be a priority to solve the problem of dangerous dogs once and for all.’
The ban comes following a series of high profile attacks on people committed by dogs believed to be XL Bullies.
Ian Price, 52, from Stonnall in Staffordshire, died after he was savaged by two XL Bully dogs in September.
A 30-year-old man was arrested on suspicion of manslaughter following the attack and released on conditional bail; Staffordshire Police says the investigation is ongoing.
Rishi Sunak announced the ban on the mongrel crossbreed a day after Mr Price’s death – describing them as a ‘danger to our communities’ when he promised to instigate the ban.
Days before Mr Price was killed, 11-year-old Ana Paun was mauled by another dog of the same breed as she walked home with her sister after buying sweets in Birmingham.
She said the dog had come at her ‘out of nowhere’ before locking its powerful jaws around her arm. She recalled: ‘I was screaming and screaming – I was petrified.’
In 2021, 10-year-old Jack Lis died from severe head and neck injuries after he was attacked by an XL Bully in Caerphilly; his mother, Emma Whitfield, has campaigned for the dogs to be banned.
In March 2021, 17-month-old Bella-Rae Birch was mauled to death by her family’s XL Bully in St Helen’s.
A number of other attacks said to involve XL Bully-type dogs have occurred since the ban was announced in mid-September.
The latest victim was Ian Langley, 54, a father who died after an attack while walking his puppy in Sunderland on October 3.
And a toddler was attacked by an XL Bully in south-east London the day before – almost losing his leg after the animal sunk its teeth into his leg.
Campaign group BullyWatch claims that XL Bully-type dogs are responsible for the relative majority of dog attacks in the UK – it says 43 percent of all dog attacks in 2023 have been linked with the mongrel breed.
Further, the group claims that the mongrel breed is linked to 11 confirmed fatal attacks since 2021 – and could be responsible for a further three.
XL Bully owners who insist their animals are not dangerous even took to the streets in protest – but left their pets at home.
Environment Secretary Thérèse Coffey said: ‘We are taking quick and decisive action to protect the public from tragic dog attacks and today I have added the XL Bully type to the list of dogs prohibited under the Dangerous Dogs Act.
‘It will soon become a criminal offence to breed, sell, advertise, rehome or abandon an XL Bully type dog, and they must also be kept on a lead and muzzled in public.
‘In due course it will also be illegal to own one of these dogs without an exemption.
‘We will continue to work closely with the police, canine and veterinary experts, and animal welfare groups, as we take forward these important measures.’