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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 4 May 2021
  6. Current session: 13 May 2021 to 1 November 2025
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Displaying 1478 contributions

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Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

The issue of adding a bit more flexibility between the tenant and the landlord has been raised by a few people. It is an interesting suggestion, which we could explore moving forward. I do not know whether there would be any legal or technical obstacles to that. Michael might want to comment on that.

Delegated Powers and Law Reform Committee

Leases (Automatic Continuation etc) (Scotland) Bill

Meeting date: 20 May 2025

Siobhian Brown

I do not have any information on that, because it is technical. I will pass the question to Lori Pidgeon or Michael Paparakis.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

The Scottish Government notes that the bill would make the theft of an assistance dog an aggravated offence. As a result, the court would be required to consider whether the sentence given should be enhanced to reflect the significance of taking an assistance dog. That is one of the issues that the committee will be required to carefully consider as the bill is scrutinised. I note from Mr Golden’s letter to the committee of 18 April that he had engaged with stakeholders such as Guide Dogs Forfar, the Scottish Society for the Prevention of Cruelty to Animals and Dogs Trust to inform the proposal.

I would like to know more from Maurice Golden about the evidence base to support and justify the position that the emotional impact on victims is not sufficiently considered during sentencing under current law. In the committee’s evidence-taking session on 26 March, the representatives from Police Scotland and the Crown Office and Procurator Fiscal Service highlighted that the police

“would have to be able to demonstrate that the accused knew that the dog was an assistance dog to be able to prove the aggravation.”

At the same evidence session, Stuart Munro from the Law Society of Scotland was also clear that

“the sentencing process is already structured in a way that should allow”

information about the impact of the theft of an assistance dog

“to be properly taken into account.”—[Official Report, Rural Affairs and Islands Committee, 26 March 2025; c 20-21.]

If somebody actively seeks to steal an assistance dog, our existing law already reflects that as being worthy of a more serious penalty. We are interested in hearing Mr Golden’s views on that when you take evidence from him.

I will bring in Mr Wilson.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

Yes—my personal opinion at this stage is that it is a bit over the top, unless there is a justification from Mr Golden that would change my view.

Mr Wilson, do you have any further views on that?

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

We would be keen to hear from Mr Golden about his reasoning in that regard and how he would envisage those provisions moving forward. As I said at the beginning of the session, we are taking a neutral stance on the bill and we will be keen to see the committee’s stage 1 report. Nevertheless, as the Scottish Government, we have to ensure, as the process moves forward, that the bill is legislatively competent, so that it can be enacted, and I will be looking at that.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

In Mr Golden’s response to the committee, which was published on the website yesterday, he indicates that the reasoning for setting out

“The list of information the annual report should contain”

is so that

“sound and robust data on dog thefts is collated and reported on.”

However, it may be considered unnecessary to place an annual reporting requirement on the Scottish Government for something that is considered to be low-level crime and on which we can already obtain statistics from the Crown Office.

Mr Golden’s response notes that the bill also

“includes the provision that the report must set out whether the Scottish Ministers consider whether there should be a statutory offence for the theft of any other animal kept as a pet.”

I am sure that every member has received emails in relation to that.

It would be welcome to get some further information from Mr Golden when he appears before the committee on 21 May as to the reasons for including that provision in the bill.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

The points that Ariane Burgess raises are valuable. I would like the expert advisory group to be able to look at all those issues moving forward.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

No, we have not.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

Jim Wilson can keep me right, but my understanding is that, in preparing a bill, Mr Golden could ask the Sentencing Council whether it would consider preparing guidelines.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

Absolutely.