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Dealing with dog attacks: what are the farmer's rights?

Always a concern

Dog attacks are always a concern for sheep farmers. Teagasc estimates that there are between 300 and 400 such attacks on Irish farms each year; but I suspect the real number could be much higher if unreported attacks etc. are taken into account. 

2024 shaping up to be another bad year?

At any rate, it seems that this may well be a particularly bad year. There have already been attacks leading to significant losses in counties Roscommon, Sligo and Tipperary. 

Last week the IFA’s National Sheep Committee released a statement calling for “urgent intervention” in relation to dog attacks. According to Committee Chair Adrian Gallagher, “the government and various state agencies with responsibilities in this area have failed to put appropriate sanctions in place to deal with irresponsible dog ownership and it's unacceptable.” Mr Gallagher went on to point out that “farmers are losing patience with the authorities’ inactive response on the issue.”

What to do if my sheep are attacked?

Dog attacks should be dealt with promptly. Addressing the attack assertively and responsibly may help to prevent recurrence. Therefore, it is important to know what actions you are legally entitled to take to protect and preserve your flock.  

Very often, you may not witness the attack, instead coming on the bloody aftermath. If you did not see the dogs, there is every chance that you won’t catch them this time. Marauding dogs can cover long distances in a relatively short space of time.

If you do witness the attack, however, you should intervene immediately. Whether you can do this safely often depends on the individual dog. Some dogs, particularly in the frenzy of the chase, may be difficult or even dangerous to apprehend. You should always be mindful of this.

What the law says

Dog attacks are infuriating, so your impulse might be to shoot on sight. However, you need to be aware of the law in this respect before taking such an action. According to the 1984 Control of Dogs Act, you will have a legal defense for shooting a dog if you can prove that the dog was shot when worrying, or about to worry, livestock and that there were “no other” means of effectively ending the attack.

In practice, this means that you may shoot a dog that is worrying sheep, but you need to be mindful of the burden of proof. If you elect to shoot the dog, you must be able to prove that it was attacking your flock when you intervened. Therefore, it is a good idea to take photos of the attack and/or its aftermath.

Notifying the Gardaí

The law states that, if you have shot a dog that attacked your flock, you must notify An Garda Síochána of where the dog was killed within 48 hours. As the owner of the flock, you should write a report of the incident, lodge an official complaint and ask for the Gardaí to conduct a full investigation. You should also ask the Gardai to visit the site.

In conclusion

Always remember that, while you may be within your rights to shoot marauding dogs, it is important to do things in accordance with the law. Everything must be well documented so your defense is ironclad. Angry dog owners have been known to take legal cases against farmers in the past, even though their charges rarely have merit. If their dogs are marauding, they have failed to meet their own legal obligation to have their dogs under control at all times.