The lawyer who lost an appeal against Government?s dangerous dog ban has claimed there is a flaw in the law.

But Government last night said the discretion to bring in dogs named under the banned list had never been used and was not a loophole.

Kamal Durrant had acted for ferry engine driver Demian Tucker?s whose application to import two Cane Corso dogs was rejected by the Department of Environmental Protection last June ? less than a month before Government announced the banned list.

He lost the case but it emerged the Minister has the power to overrule the dog ban if certain conditions are met. However, Environmental Protection Director Dr. Tom Sleeter said: ?Any good policy should allow for consideration of exceptions.?

An example are dogs passing through the Island rather than staying. Vets also said the loophole exists in theory only.

Dr. Jan Cieters, of Hannover Veterinary Hospital, said: ?It says you can always apply but I think it is pretty clear cut they would refuse. That?s what the dog wardens told us.?

The restricted breeds are:

Akita, American Bulldog, American Pitbull terrier, American Staffordshire Terrier, Argentine mastiff (Dogo Argentino), Aryan Molossus, Australian Dingo, Boerboel, Brazilian mastiff (Fila Brasileiro), Bull Terrier and Miniature Bull Terrier, Bullmastiff, Cane Corso, Danish Broholmer, Dogue de Bordeaux, English Staffordshire Bull Terrier, Japanese Tosa (Tosa Inu) Mastiff, Neopolitian Mastiff, Perro de Presa Canario, Perro de Presa Mallorquin, Rottweiler, Tibetan Mastiff, Wolf and Wolf Hybrid.

The ministry says an exotic or uncommon breed may also be refused entry despite its absence from the list above.