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Chamber and committees

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 7 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

I felt confident, to be honest. On 14 November, after the announcement and the letter that I received on 9 November, I thought that we would be able to get the legislation in place. To be honest, I did not feel comfortable about getting it in place at speed for 31 December. Also, compared with England and Wales, we in Scotland, uniquely, have dog control notices. Local authorities have powers to insist that dangerous dogs be muzzled and kept on a lead. Jim Wilson updates me weekly on the figures—currently, 1,200 dogs are subject to dog control notices.

In mid-November, I felt confident from engaging with the stakeholders that we already had those safeguards in Scotland, which were not in place in England and Wales; that they would still be in place come 31 December; and that communities were protected from dangerous dogs.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

First, the incident in East Kilbride on Sunday was very distressing, and my thoughts are with the victims of the dog attack. I thank Police Scotland, which attended the incident and ensured that it was swiftly brought under control. That is a live case and members will appreciate that I cannot discuss any details of the specific incident. In line with standard operating practice, the use of a firearm by an officer will be assessed by the Police Investigation and Review Commissioner.

I understand that the breed of dog in that incident is yet to be confirmed, and that they could not determine the breed of dog in the incident in Hamilton, which Russell Findlay also referred to, either.

One of the challenges for the stakeholders, such as DEFRA and the Kennel Club, has been identifying the breed.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

I will share some statistics on dog control notices to give a little bit of context. Fife Council, for example, has 188 dogs under dog control notices; Aberdeen City Council has 56. Local authorities are therefore using dog control notices.

I understand Russell Findlay’s point about local authorities, but we have set up an implementation forum. We will be discussing this with local authorities, the Convention of Scottish Local Authorities and Police Scotland to consider any enforcement and operational issues that arise from the legislation. That will help to inform our consideration of any requests for additional funding.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

No, I do not agree.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

That concern has been raised with me by all stakeholders. The definition that was determined by DEFRA is that the male has to be 20 inches in height and the female has to be 19 inches. Therefore, an XL bully that was 16 or 17 inches would not have to wear a muzzle and lead. That caused quite a lot of confusion down south when the UK Government’s order was implemented, and it advised that anyone who has any doubts should register their dog.

We have also found, through the correspondence that I have received and that Jim Wilson has received, that there is confusion among the general public. We are keen to learn lessons on how we can do things better in our legislation in respect of the issues that have been raised. We have until 31 July. We will put on the Scottish Government website some support and help for people to determine whether they have an XL bully.

I do not know whether Jim Wilson has anything to add.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Jim knows the timescale. It will not be until later in the year.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

It is on the Scottish Government website.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

No, I do not believe that the Scottish Government finding that out via BBC News is the right way for the UK Government to treat devolved nations in respect of such decisions.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Yes, in a way. I do not know whether it was totally intentional or the UK Government just disregarded telling the Scottish Government, but it would have been ideal if there had been communication prior to the announcement.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

I do not believe so. I should also say that we found out on 31 October about the UK Government’s publicly announcing the timescale and the detail, but I was not made aware of that formally until a letter was sent on 9 November.