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The provisions in the 2010 act control what we can do in establishing the database, and they are very specific. The act sets out what data we can hold and who can access it. At the moment, we are able to enact only what the act’s provisions give us the power to enact. That is what we have done; we have gone as far as we can. We have followed the act’s provisions in laying the draft order that is in front of the committee. That is why the order refers only to the organisations that you mentioned.

You are right to say that there is the potential for other organisations with an interest to be able to access the database and for additional data to be held on it. When the Public Audit and Post-legislative Scrutiny Committee considered the matter, there were questions about whether the database should hold additional data. For example, should it hold all the complaints that have been made about the conduct of a certain dog? Should it contain information on whether a DCN has been breached? At the moment, such data is not able to be held on the database because there are only specific provisions that we are allowed to enact.

However, I am going through a process of looking at what needs to be done to improve the enforcement of the provisions in the 2010 act. This session is part of that process. In the previous session, the Public Audit and Post-legislative Scrutiny Committee produced a report on the issue—which I am sure this committee will have seen—and recommended that that work be done.

We have now moved on to review the wider regime of dog control. That includes consideration of the Dangerous Dogs Act 1991, which I am committed to reviewing. We will go through a number of steps in doing that. Once we have done that, we will introduce—I hope, in this parliamentary session—a bill on the control of dogs regime. If we want to change the database to allow additional information to be held and additional organisations to access it, that needs to be done through primary legislation, and the forthcoming bill will give us an opportunity to do that. We are actively considering including all those things in that bill.

That is an important point. From the beginning of the process of developing the database, we have involved the Information Commissioner’s Office. Obviously, the database will contain personal data, and we are required to ensure that the data is used and held appropriately.

The Government carried out a data protection impact assessment. I hope that the committee has that assessment as part of the documents that accompany the draft order, so members can have a look at that if they are interested in the detail. The ICO was also involved in the preparation of the draft order, and it is content with the policy as it stands.

There is a little complexity in relation to joint data sharing and so on, so a process needs to be worked through. The Improvement Service has what it calls framework service agreements, which will cover data sharing between all the organisations that are data controllers. Those agreements will need to be in place with all 32 local authorities. Local authorities will be issued with those agreements, and they have a statement of work that they will need to sign up to before the database goes live.

Have I missed anything out, Jim?

Yes, we have. We have had quite a large amount of consultation with local authorities and others on the design and implementation of the database. I will ask Jim Wilson to give some of the detail of that.

Right at the beginning of the process, I initiated direct engagement with Councillor Kelly Parry, who is the Convention of Scottish Local Authorities spokesperson for community safety and wellbeing. That was to ensure that COSLA was sighted on what we were doing and to get its full involvement in the plan for initiating the design of the database and so on. I think that I have met her twice over the past year—I ask Jim Wilson to confirm whether that is right.

No, that would not be an offence under the 2010 act. We might look at that as part of our review in relation to potential future legislation.

That issue could be considered, but I think that that is more to do with animal welfare. I think that there is a reporting duty in the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020. I did not work on that legislation, but there might be opportunities for justice and animal welfare colleagues to work together on such issues. I know that Jim Wilson works with them, so he might be able to give the committee an update.

Good morning. I thank the committee for inviting me to speak about the draft order that has been laid for Parliament’s approval. I very much welcome the opportunity to give evidence. I also thank the Delegated Powers and Law Reform Committee for its consideration of the draft order earlier this month.

The Control of Dogs (Scotland) Act 2010 introduced the dog control notice regime. Local authority dog wardens are able to issue a dog control notice to a dog owner who allows their dog to be out of control. The civil notice can contain a number of conditions, such as the need to muzzle the dog or to keep it on a lead whenever it is in a public place. Breach of a dog control notice is a criminal offence.

Section 8 of the 2010 act provides the Scottish ministers with an enabling power to make an order to establish a national database of dog control notices. The intention of the draft order is to provide for the establishment of such a database. Each local authority already has a statutory responsibility to monitor the effectiveness of every dog control notice that it has issued, but the national database will bring together the records of all local authorities in a centralised database that will be accessible to local authorities and Police Scotland. The database will be a valuable tool in improving the effectiveness of the 2010 act.

The information that will be held on the database will include the name of the person to whom the dog control notice applies, the address of that person, and information relating to the dog, such as whether it is microchipped and the name of the animal.

That is a brief overview of the draft order. I will be happy to answer any questions that the committee has about it.

That was our understanding of the way in which the regime is functioning at the moment. One of the reasons for implementing the database is to make enforcement easier in cases in which someone is issued with a dog control notice in, say, Fife, but they then move to Lanarkshire. We think that the enforcement process will be easier for local authorities and, we hope, for Police Scotland.

Yes, it is their responsibility. They are the proper person to notify the new local authority that they have moved there and to give their new address.

Yes.

Thank you, convener, and good morning to the committee.

The Tribunals (Scotland) Act 2014 created a simplified statutory framework for tribunals in Scotland, bringing existing tribunal jurisdictions together and providing a structure for new jurisdictions.

The 2014 act created a new two-tier structure for tribunals in Scotland—a First-tier Tribunal for initial appeal decisions and an Upper Tribunal primarily for appeals from the First-tier Tribunal. The tribunals are known collectively as the Scottish tribunals.

Section 20(1) of the 2014 act provides that

“The First-tier Tribunal is to be organised into a number of chambers,”

having regard, among other things, to subject matter.

There are five existing chambers in the First-tier Tribunal. The regulation is a technical one that makes provision for a new sixth chamber, to be known as the First-tier Tribunal for Scotland local taxation chamber, which will hear appeals that are currently dealt with by valuation appeals committees and the council tax reduction review panel.

The regulations form part of a broader suite of instruments that will, in due course, be required to enable the transfer of the valuation appeals committees and the council tax reduction review panel to the First-tier Tribunal.

I understand that the Delegated Powers and Law Reform Committee considered the regulations on 5 October and that it did not raise any points, but I would be happy to answer any questions that the committee may have.