The introduction of breed-specific legislation (BSL) has ignited debate among animal welfare advocates and policymakers in Malta. The BSL being proposed seeks to tackle the overrepresentation of non-pedigree bully-type dogs in shelters by banning their ownership and breeding.
At first glance, this approach might seem like an obvious solution to reducing the number of such dogs in shelters. However, leading veterinary, animal welfare and animal behaviour organisations worldwide contend that BSL is neither effective nor appropriate.
The primary concerns surrounding BSL are its implementation challenges, enforcement difficulties and the potentially harmful impact on the well-being of targeted dogs and their owners. Moreover, there is no evidence to suggest that BSL effectively addresses shelter overpopulation, raising questions about its overall efficacy and fairness.
Re-examining the implementation and efficacy of BSL
One of the most significant criticisms of BSL is its failure to address the root causes of irresponsible ownership. Although BSL may act as a deterrent for some, irresponsible backyard breeders are unlikely to become responsible and cease operations.
Instead, they may either move further underground or shift their focus to other “strong” breeds that are not listed under this BSL. This perpetuates the cycle of exploitation while potentially driving these activities further out of reach of regulation and enforcement.
In addition, the BSL’s reliance on morphological breed recognition comes with issues. Determining a dog’s breed or type based on visual appearance, no matter how detailed the breed description criteria appear to be, remains largely subjective and error-prone. This is particularly true for mixed-breed dogs, whose genetic backgrounds have been interwoven over multiple generations.
Determining a dog’s breed or type based on visual appearance is unreliable
A prominent 2015 study among dog shelter staff found that one in five dogs genetically identified with pit bull heritage breeds were missed by all shelter staff, while one in three dogs lacking DNA for pit bull heritage breeds were labelled pit bull-type dogs by at least one staff member.
Determining a dog’s breed or type based on visual appearance is unreliable and can result in dogs being misidentified and labelled as bully-type breeds. Such misidentifications can result in unnecessary legal disputes, mandatory DNA testing and wasted resources while also causing significant emotional distress for both owners and their dogs.
This subjectivity of breed identification complicates both compliance with and enforcement of the law. Who will be responsible for making these determinations? How will accuracy and fairness in such assessments be ensured, given the potential for mistakes?
DNA-determined breed percentages in mixed-breed dogs: highlighting the challenges of visual dog breed/type identification under BSL.Unintended consequences
Veterinary and animal welfare organisations worldwide, including the British Veterinary Association (BVA), the Federation of Veterinarians of Europe (FVE), the American Veterinary Medical Association (AVMA), the American Veterinary Society of Animal Behaviour (AVSAB) and the Royal Society for the Prevention of Cruelty to Animals (RSPCA), have consistently opposed BSL due to its potential to exacerbate harm rather than provide meaningful solutions for animal welfare.
While the proposed BSL in Malta focuses on addressing the overrepresentation of bully-type dogs in shelters − rather than reducing dog-bite incidents caused by such breeds, as aimed for in some other countries − the concerns raised by these organisations remain highly relevant.
A major issue is the stigmatisation of bully breeds within shelters. Already struggling to find adoptive homes, these dogs are likely to face even greater challenges under BSL as the law reinforces societal stigma, further discouraging potential adopters.
BSL could also result in more abandoned or ill-treated dogs. For instance, owners of ‘illegal’ bully breed dogs may be even more likely to abandon them should these dogs face medical or behavioural issues, rather than seeking veterinary assistance and risking getting caught. Perhaps even worse, these owners may decide not to seek the necessary help for their ‘illegal’ dog/s.
Owners of ‘illegal’ non-pedigree bully breed dogs may also be more likely to forego adequate socialising of their puppies, potentially increasing the risk of future behavioural issue development and subsequent relinquishment. BSL can potentially lead to poorer overall welfare for the dogs involved.
Education, enforcement and shelter resources
The debate over BSL underscores a broader issue: Are we focusing on the right solutions? Have we truly exhausted all potential alternatives to BSL that are more likely to be impactful and less likely to have negative repercussions on canine welfare? Rather than banning specific breeds or types, efforts should target the root causes of irresponsible ownership and breeding.
Education is key. Thoughtful educational interventions targeting citizens at various stages of life and across different strata of society could foster responsible dog ownership, challenge misconceptions and stigma surrounding certain dog breeds and types and reduce demand for backyard breeding.
Stricter enforcement of existing laws, such as mandatory microchipping and regulation of dog breeding (irrelevant of breed), could help curb abandonment and shelter overpopulation. This requires investment in enforcement mechanisms and ongoing training for law enforcement officers to ensure effectiveness.
Research is crucial to fully understand the complexities of this issue. Engaging in dialogue with NGOs, shelters and experts in the field can offer invaluable insights. However, discussions alone are not enough − progress must be driven by evidence-based, risk-assessed policies that provide a clear and effective path forward.Investment in dog shelters is also a must.
Investment must be directed to ensure that shelter facilities are adequately resourced and staffed
Dog shelters, often under-resourced and overcrowded, are generally ill-equipped to manage the influx of dogs. While shelter workers undoubtedly do their utmost to ensure a good quality of life for shelter dogs, limited resources may cause shelters to operate as long-term holding facilities more than rehabilitation centres.
If shelter dogs are to be given a proper opportunity to succeed in a future home environment, then investment must be directed to ensure that shelter facilities are adequately resourced and staffed. Failing this, dog shelters are destined to become repositories of a growing number of unwanted dogs.
It is an ethical imperative to provide these dogs with the best possible opportunities for rehoming, which would, in turn, lighten the load and create space within existing dog shelters. Again, education here is crucial.
Ultimately, without addressing the root causes, BSL falls short in promoting responsible ownership and breeding practices; unfairly stigmatises dogs based on physical traits; is plagued by administrative and implementation challenges; and is unlikely to provide a lasting solution to shelter overcrowding.
Evidence-based solutions
Importantly, pride and preconceived notions should not cloud our judgement. Solutions should prioritise the welfare of dogs, while addressing the concerns of society at large. Promoting responsible dog ownership and breeding requires a holistic approach that includes education, enforcement and adequately resourced dog shelters.
The question remains: is BSL a law grounded in sound evidence and research or is it a shortsighted response to a complex issue, yielding questionable and potentially mixed outcomes? Are we genuinely committed to tackling the root causes of irresponsible dog ownership and breeding?
If the answer is yes, then a collaborative, ethical and evidence-based approach may provide a more effective solution, one that avoids the pitfalls of BSL and promotes a brighter future for all dogs, regardless of breed.
Maria Debono is a veterinary surgeon and behaviourist.