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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 6 May 2025
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Displaying 1386 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

The second SSI will come into effect on 1 August. We will lay it shortly and it will give all the timescales and details.

I come back to one detail from the engagement that we have had down south that might give you a little bit of confidence, which I mentioned to Mr MacGregor. Out of the 61,000 owners who registered in England and Wales, only 200 decided not to keep their XL bully. The majority of XL bully dog owners are responsible. The high numbers who registered have given me confidence that the pressures on vets will not be as predicted.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

As of 23 February, under the first SSI, if you have an XL bully dog in public, you will need to have it on a lead and it will have to be muzzled. In addition, you will not be allowed to breed an XL bully dog, sell it, abandon it, let it stray or give it away.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Yes. If we did not mirror them, the loophole would be reopened.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

My understanding is that, under the definition on the website, the male has to be 20 inches and the female has to be 19 inches. I would say that a puppy would not reach that.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

I would say that that is a fair summary.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

I would say that that is correct. The speed also concerned us, because when the timescale was announced on 31 October, the first stage ran up to 31 December, and owners had until 31 January to register for the exemption. There have been unintended consequences since then. For example, what happens when someone who had an XL bully dog dies? We are dealing with that through the second SSI. The UK Government is now having to deal with that issue, too. Because the legislation was rushed through, we are trying to pick up from where we are now, and we hope to implement the legislation better than it has been implemented in England and Wales.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Yes, they have.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

One of the concerns that we had about the initial announcement of the ban down south was that there was a loophole in that regard. We tried to get certainty on that, and we did not get that until 12 or 14 December—I am sorry; I cannot remember the exact date. That was the reason why we had concerns. When I wrote my letter on 14 November, I felt confident at that stage that, on 31 December, because we have a system of dog control notices through local authorities, which have powers to deal with dangerous dogs locally, we would be in the same position as England and Wales. However, we did not envisage that people would bring XL bully dogs up to Scotland during the Christmas period. Community safety has to be paramount in that regard, which is why this decision has been made.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

No, they do not—and that is one of the concerns that has been raised during stakeholder engagement. Referring to the 61,000 applications that have been registered and the point that more than 200 owners have decided not to keep their dogs, I do not know, specifically, if they have all been put down. I do not know whether Jim Wilson knows that detail.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

I have concerns. The issue of the definition of an XL bully has been raised with me since day 1, which is why we want to be very clear as we move forward, especially on the Scottish Government website. The description has to be done in a way that supports people to identify whether they have an XL bully.

Christine Grahame is correct that the issue has been sensationalised in the past couple of months in newspaper articles and on television. Some supposed XL bully dogs would not be identified as such through the height definition. That has caused confusion with the general public, as well.