XL bully owners plotting to defy ban and launch new legal challenge
A group of dog owners who are planning a legal bid against the recent XL Bully ban have faced strong backlash to their idea.
Stop the XL Bully Ban in Scotland, a group made up of more than 1,600 supporters, wants a judicial review after the success of an English campaign group in securing a hearing challenging the UK Government’s ban next month. They plan to hire top lawyers saying it the ban is unclear, unfair and will criminalise innocent dog owners.
Founded by Amy Peat, from Kirkcaldy, Fife, the group have demanded a meeting with Victims and Community safety minister Siobhan Brown as they try to raise cash for an advocate to apply for a court interdict. It told the Daily Record it wants to see the legislation “annulled”.
Scottish Conservative MSP Jamie Greene however, is criticising the group saying the ban is needed to save lives. He said: “Victims of vicious attacks by these dogs will question if this is a wise move. s much as campaigners and dog lovers are well-meaning, there have been many serious attacks and sadly fatalities which demonstrate that public safety must come first. There is perhaps a wider conversation around poor dog ownership and breed management, but governments across the UK, albeit belatedly in Scotland, had to act to save lives.”
From February 1, police have been able to seize XL Bullies in England and Wales, with owners facing a criminal record if they are not properly registered for exemption certificates. The Scottish Government, which initially said an extension of the ban was not necessary, was criticised after announcing its own restrictions in January - sparking fears over an influx of dangerous dogs being re-homed north of the border due to the delay.
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From last month, owners in Scotland must ensure their dogs are muzzled and on a lead when in a public place while selling, gifting or exchanging XL Bully dogs has been prohibited. It will not become an offence to own an XL Bully without an exemption in Scotland until July 31.
They are against the bully dog ban (Getty Images)Campaign group Don’t Ban Me – License Me applied for an injunction to pause the English ban, which was not granted, but a judicial review hearing has now been approved for next month, which could halt or change the new rules if successful. Organiser Ms Peat told the Record: “We have two legal firms wishing to represent us. The judicial review itself would be into the £100,000 region. We are urgently appealing for all support we can get.”
A petition by Peat, calling for the ban to be scrapped, has amassed almost 2,800 signatures. She added: “Experts are getting it wrong, police officers are getting it wrong and owners who are having their dogs killed in case they get it wrong are all affected by this. Vets and their staff and rescue centres are killing healthy dogs who might not fit into this definition or whose owners are worried that they might and be sent to prison because they cannot afford the exemption or their landlord will kick them out because a neighbour has reported them for having an XL Bully type dog.
“Dog owners have been forced to act as irresponsible owners. Forcing through this legislation, not debating it and not allowing a vote regardless of the subject of that legislation is a slippery slope. We are experts of our own dogs and of this type of dog and are the people affected by it.”
A Scottish Government spokesman said: “The new regulations on XL Bully dogs aim to protect public safety and are being introduced as a consequence of similar XL Bully controls brought in by the UK Government, which created an unacceptable risk of dogs being moved to Scotland from England and Wales. The Scottish Government continues to work with Police Scotland, local authorities, animal welfare organisations and other relevant stakeholders to discuss implementation of the new regulations.”
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