Dear Ms Dunckley

Freedom of Information Act 2000

I am writing to confirm that the Department of Agriculture and Rural Development (DARD) has now considered your request dated 1 March 2010 for information. For ease of reference, I will respond to your queries using the numbering sequence you used.

Q1) “Does the Dangerous Dogs (Northern Ireland) Order in 1991 as amended in 2001, allow for court discretion when sentencing, to order the exemption of pit bull terrier type dogs as an alternative to destruction?”

Response

The powers of the Courts in relation to dogs are set out in the Dogs (Northern Ireland) Order 1983, as amended, and a revised version of the Order is available on the Statute Law Website.

Exemption certificates are issued under the Dangerous Dogs Compensation and Exemption Schemes Order (Northern Ireland) 1991. Those powers are exercised by local councils. A copy of the Order is enclosed.

Q2) “How many dogs have been seized as illegal pit bull terrier type dogs in Northern Ireland and destroyed in 2009?”

Response

DARD does not hold this information but it may be available from local Councils. A list of Council Dog Warden telephone contact numbers is enclosed.

Q3) “How many pit bull terrier type dogs have been ordered exempted by a court of law, according to the provisions as stipulated in statutory rule 466-the Dangerous Dogs Compensation and Exemption Schemes Order in each year between 2001 and 2009?”

Response

DARD does not hold this information but again it may be available from local Councils.

Q4) “According the Dangerous Dogs Compensation and Exemption Schemes Order, a pit bull terrier type dog would have to be insured against third party liability in order to be exempted by order of the court and thus legally owned - where is this compulsory insurance available from for dog owners to take out in order to comply with the law when directed to do so by the court under the Amendment of

2001?”

Response

The sourcing of insurance is a matter between the dog owner and an insurance company. The Department has sent a letter to PetPlan Limited, who provides this type of cover for dogs in Britain, asking for insurance cover to be extended for exempted dogs here. The letter was also copied to the Association of British Insurers.

If you are unhappy with the manner in which your request for information has been handled or the decision to release/withhold information you have the right to request a formal review by the Department. If you wish to do so, please write to The Review Section, Information Management Branch, Room 507 Dundonald House, Upper Newtownards Road, Belfast, BT4 3SB, within two months from the date of this letter. If after such an internal review you are still unhappy with the response, you have the right to appeal to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, CHESHIRE SK9 5AF, who will undertake an independent review.

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

The supply of information under the Freedom of Information Act (FOIA)does not give the recipient or organisation that receives it the automatic right to re-use it in any way that would infringe copyright. This includes, for example, making multiple copies, publishing and issuing copies to the public. Permission to re-use the information must be obtained in advance from the Controller of HMSO who has responsibility for the licensing of Crown copyright material. For further details on how to apply for a licence please see:

http://www.opsi.gov.uk/click-use/index.htm

Yours sincerely

Jim McKelvey

Animal Identification, Legislation and Welfare Branch

(028) 9052 5470

E-mail: jim.mckelvey@dardni.gov.uk