XL Bully owners using loophole to escape ban by sending dogs to Scotland and NI

XL Bully dogs are being sent to Northern Ireland and Scotland to escape the incoming ban in England and Wales, i can reveal.

Owners and rescue centres are taking advantage of a legal loophole which means the breeds will not be illegal in the devolved administrations when the ban comes into effect over the next two months.

The situation has triggered a political row with the Scottish Government telling i it was not given “any notice” of the ban and ministers have now written to their Westminster counterparts “to emphasise the importance that people in England and Wales do not use any loopholes… in getting rid of their dogs to other parts of the UK”.

Breeding, selling or rehoming the breed will become illegal in England and Wales on 31 December and owning one without an exemption certificate will be outlawed from 1 February.

It follows a string of fatal attacks linked to XL Bully dogs in recent years including the deaths of 52-year-old father David Price in Staffordshire and 54-year-old Ian Langley in Sunderland.

There are estimated to be at least 10,000 XL Bullies in circulation – others put the figure at more than 100,000 – and rescue centres say they have been inundated with requests to take in unwanted pets since Rishi Sunak announced his intention to ban them in September.

The Government is offering £200 towards the cost of euthanising an XL Bully but the veterinary industry is struggling to cope with demand and have said they believe the ban could “collapse” before Christmas.

Now i can reveal how unwanted XL Bullys are also being transported to Scotland and Northern Ireland where the ban will not be enforced.

Protected Paws Animal Rescue, a charity in west London, successfully rehomed a litter of seven XL Bully puppies with a rescue centre in Ballymena, Northern Ireland, last week.

Kerry Flynn, a veterinary nurse who also runs Protected Paws, said the puppies were dumped in a plastic bag outside the practice where she works.

“They were without their mother so God knows what’s happened to her, poor thing,” Ms Flynn told i.

“They were just in a plastic bag outside when we opened at 9am so they could have been there all night.”

Ms Flynn posted a picture of the puppies on her Facebook page and successfully raised around £700 to transport the puppies to the Halfway Dog House in Ballymena, Northern Ireland.

“It’s what a lot of people are doing, getting them to Ireland or Scotland in this way,” she added.

In a post on its Facebook page, Halfway Dog House said: “We are working to save as many bullies in shelters in England to bring them to Northern Ireland. This must be done before 31 December or it will be illegal to transport them to NI.”

The centre added it had “verbally agreed to take in the region of 20 dogs over the next 10 days” and is now fundraising to expand its kennels.

i has seen other examples of people offering to rehome XL Bully dogs in Scotland and Northern Ireland due to the legal loophole.

According to the Ulster SPCA, the Dangerous Dogs Act 1991 does not apply to Northern Ireland and a ban on XL Bullys would require separate legislation to be made, either by a sitting Assembly and Executive or through an intervention by the NI Secretary of State.

A spokesperson for Northern Ireland’s department for Agriculture, Environment and Rural Affairs said: “As this is a devolved issue for Northern Ireland, any decision to take forward similar legislation would be a matter for returning ministers and a local Assembly.

“If there is a requirement to progress legislation and ministers are not in place, senior officials will need to consider what steps can be taken in their absence, under the provisions of the Northern Ireland (Executive Formation etc) Act 2022 and the associated guidance on decision-making published by the Secretary of State for Northern Ireland.”

Meanwhile, Scotland’s ruling SNP party said it would not be following in the footsteps of Westminster by introducing a ban in Scotland, despite a history of attacks.

Kennel boss Adam Watts, 55, was killed by an XL Bully at his business in Angus, Scotland, in December 2021.

There have also been reports of XL Bully attacks in Dundee and Motherwell.

But minister Siobhian Brown wrote to the Government formally rejecting the ban in Scotland because she is waiting for “relevant evidence” to be assessed.

Scottish Conservatives have criticised the decision saying Ms Brown’s “refusal to sign up to this sensible plan can only increase the risk to Scots”.

Social media is currently filled with appeals for XL Bullys to be rehomed with many highlighting the fact they will not be illegal in Scotland.

“Dogs in rescues and shelters like sweet, nine-month-old Jax WILL be killed when the XL bully ban comes into place unless they are homed by 1 January 2024 and exempted by 1 February 2024 if in England or Wales,” read one.

“Jax is currently in Southampton Rehoming Centre and is available for adoption.

“Scotland has yet to enact an XL bully ban, so if he had a foster or adopter here, he wouldn’t need to be permanently homed and exempted.”

A Scottish Government spokesperson told i: “Any change to the rules must be evidence-based and the Scottish Government is moving swiftly to carefully consider the evidence so the right decision can be made for Scotland and public safety is paramount to our deliberations. Scotland already has a dog control notice regime that is unique in the UK and focussed on preventing dog attacks from happening in the first place.”

“The UK Government announced the proposal to ban XL Bullies without any notice to the Scottish Government. That is why Scottish ministers have written to the UK Government to emphasise the importance that people in England and Wales do not use any loopholes created by them in getting rid of their dogs to other parts of the UK including Scotland.”

A UK Government spokesperson said: “We have also taken quick and decisive action to protect the public from dog attacks by adding the XL Bully type to the list of dogs prohibited under the Dangerous Dogs Act to reduce the risks to the public posed by this type.

“We are engaging with devolved administrations in Scotland and Northern Ireland about whether they plan to take forward a ban.”