Protecting Staffordshire Bull Terriers in Spain
Based on a report from Javier Muñoz requesting help from SBT breed clubs and
kennel clubs around the world and the SBT Breed Council of Great Britain &
Northern Ireland.
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The newly formed Spanish SBT club is striving to make a legal challenge to the
recently approved dog law and Royal ordinance which includes restrictions on the
ownership and breeding of Staffordshire Bull Terriers. The law has been passed
despite opposition from dog owners across the world and evidence from the
veterinary societies in Spain making clear that there is no scientific basis for
breed specific legislation.
2002 is the first year that the club has been able to organise a championship
show under the auspices of the Spanish Kennel Club (Real Sociedad Canina de
España) having only recently been recognised in the country and at the present
time only has about 50 members. It is hoped that the membership will grow
rapidly following the forthcoming club show and the officers are busy
organising T-shirts and other "collectibles" in order to raise funds for their
legal challenge to the new dog laws.
The show called 'Monográfica' will be held in Numancia de la Sagra (a little
town about 40 kms from Toledo and 40 Kms from Madrid, more or less in the middle
of Spain). The Show will be next 29th of June and the Judge is Alec Waters.
Javier is very pleased that nearly 70 dogs are entered which is high for Spain.
Javier asks if other SBT clubs have gifts or donations that can be used to help
raise such funds (he can be contacted at jmunoz@focusmedia.es . British,
Australian and South African clubs may also be interested in buying some of the
Spanish T-shirts for sale to their own members and I am sure that Javier will be
pleased to discuss that with you.
The club has consulted and instructed a lawyer in order to challenge Royal
Ordinance 287/2002. This will involve court action and the cost of the initial
attempt is estimated at 6.000 Euros (approx. £3,700). The basis of the objection
will revolve around article 52 of the Spanish constitution which deals with the
authority of Ministers and The Secretary of State. The 1999 law allows for
restrictions on animals based on their "aggressive character", "size" or "power
of jaw" and assumes that these elements reflect the creatures' capacity to cause
death or serious injury to people and other animals.
The likely grounds to challenge the inclusion of Staffordshire Bull Terriers on
any banned list are as follows:
1) Demonstrating that the law is inadequately defined since it would clearly
mean that a small cat is "dangerous" if it were to kill a mouse or cockroach.
2) Showing that the law is being implemented with unfair bias, effectively
applying the law to Staffordshire Bull Terriers when the breed meets the
criteria to no greater effect than other breeds not being included in the
restrictions. (Although this will clearly be a difficult path, there are
apparently several precedents in recent Spanish legal history)
3) Challenging the law as being generally imprecise and therefore bad and
unsustainable law.
The evidence is being gathered and the challenge will be formally mounted very
soon. The Staffordshire Bull Terrier is far more common and clearly not
considered a risk by the national Governments in the UK, France and many other
countries. It is to be hoped that evidence already gathered from these countries
will prove influential in demonstrating that the Spanish authorities have
exceeded their powers by banning a breed that is clearly not a danger to the
public.
Javier and other members of the Spanish SBT Club will be taking their battle to
the Government, Courts and to the media with several influential newspapers and
at least one TV programme already providing an opportunity for them to air their
concerns. Politically, Spain is heading towards a general strike and the
Government, although recognised as having made improvements in the economy and
general wellbeing of the population, is beginning to lose popularity.
The next important date is June 29th, the date of the club show and anyone who
can help with gifts or financially is urged to contact Javier. We have been
fortunate in the UK to have such a huge following and to be able to get our
message across to media and politicians to demonstrate that our
Staffordshire Bull Terriers really are one of the top and most popular show and
pet dogs.
As Javier says:
"I only have a thinking and this is that I am going to fight until we will clean
the name of our breed and I am sure that we have the enough determination to do
this."