Seòmar agus comataidhean

I refer the member to the answer to question S6W-24485 on 24 January 2023. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

The new safeguards to be introduced will include a number of criminal offences for breaching certain requirements. In line with normal process, it is for Police Scotland to investigate any alleged offences and for the Crown Office and Procurator Fiscal Service to consider reports of alleged crimes with a view to deciding on appropriate prosecutorial action.

As this is an operational matter for Scottish Water, I have asked them to respond. Their reply is as follows:

Scottish Water has used an economic assessment that balances the cost of supplying the water with the cost of finding and fixing leaks to determine Scottish Water's target leakage level of 408ML/d. In future iterations Scottish Water will apply estimates of future water supply side investment which will be guided by climate change impacts and other factors, e.g. moving populations.

I refer the member to the answer to question S6W-24498 on 23 January 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers

I can confirm I have met with a range of stakeholders over the winter period to discuss XL Bully dogs and the restrictions in England and Wales.

I met with:

The Scottish SPCA and the Dogs Trust on 21 November 2023

The National Dog Warden Association on 21 November 2023

Dog Control Coalition on 22 November 2023

The Kennel Club on 30 November 2023

Blue Cross on 6 December 2023

Edinburgh Cat and Dog Home on 15 December 2023

Communication Workers Union on 9 January 2023

Police Scotland on 11 January 2023

These meetings revealed concern about the UK Government decision to introduce new safeguards for XL Bully dogs in England and Wales and caution about doing so in Scotland.

However the Scottish Government has now been left with little choice given the failure of the UK Government to ensure XL Bully dog owners living in England and Wales cannot evade the new safeguards through selling or otherwise disposing of their dogs in Scotland.

In light of the UK Government failing to ensure English and Welsh XL Bully dog owners cannot evade the new safeguards through selling or otherwise disposing of their dogs in Scotland, the Scottish Government has been left with little choice to decide to replicate the new safeguards in Scotland. Through replicating the new regime, this will ensure owners in England and Wales have no ability to evade the new controls in England and Wales by selling their dogs to people in Scotland.

More generally, we are considering how best the preventative dog control regime in the Control of Dogs (Scotland) Act 2010 could be improved. The need for the new safeguards for XL Bully dogs specifically arises separately from the general Scottish Government continuing policy focus on ‘deed, not breed’.

The British Veterinary Association are members of the Dog Control Coalition and I met with members of Dog Control Coalition on 22 November 2023. This was prior to the Scottish Government announcement on 11 January 2024.

During the meeting, concerns were expressed about the introduction of the new safeguards in England and Wales including the impact this may have on the veterinary profession.

The Scottish Government keeps all dog legislation under review, and I can confirm to the member that I will be planning to engage with key stakeholders going forward to help understand the impact of the regulations that will introduce new safeguards on XL Bully dogs, if approved by Parliament.

As was acknowledged by the Lord Advocate in her statement to Parliament on the 16 th January, any miscarriage of justice that has occurred as a result of the Horizon IT systems requires to be identified and addressed. The Scottish Criminal Case Review Commission (“the SCCRC”) is the independent public body that investigates and reviews alleged miscarriages of justice in Scotland.

The SCCRC was established in 1999. Its role is to review and investigate cases where it is alleged that a miscarriage of justice may have occurred in relation to conviction, sentence or both. Its aim is to investigate all cases efficiently, without undue delay and to a consistently high standard, and to strengthen public confidence in the ability of the Scottish criminal justice system to address miscarriages of justice.

Any person convicted of a criminal offence in Scotland who considers that their conviction was a miscarriage of justice may apply to the SCCRC. The SCCRC is an independent body. It does not represent the prosecution, the defence, the police, the courts or any other part of the criminal justice system. It will consider all applications and review cases to decide whether they should be referred to the High Court to be considered again. The SCCRC will refer all cases to the High Court where it believes that there may have been a miscarriage of justice.

To apply, an individual can complete an application form which should set out the details of the conviction which they believe resulted in a miscarriage of justice. Applications forms can be obtained from the SCCRC or online. An individual may apply directly to the SCCRC and there is no charge or fee for the Commission to review any case.

With the assistance of the Crown Office and Procurator Fiscal Service, the SCCRC has already written to at least 73 individuals. It is however important to recognise the different roles of the Commission and COPFS. The Commission is the proper body to be approaching individuals who may have been impacted by the Horizon IT system. The Crown Office and Procurator Fiscal Service has engaged with the Commission and will continue to do so to support its ongoing work in these cases. I know that anything that can be done to assist and support those who have been affected to come forward will be done to ensure that there is access to justice for all who may be affected.

The Green Jobs Fund was created to support new and increased opportunities for green job creation across Scotland, by providing up to £100 million capital investment over a five year term.

Scottish Enterprise, Highlands and Islands Enterprise and South of Scotland Enterprise are working to deliver £50 million to businesses which provide sustainable or low carbon products and services to help them develop, grow and create jobs. Up to a further £50 million is aimed at supporting businesses and their supply chains create and safeguard jobs by investing in equipment, premises, research and development.

While public sector budgets are now under extreme pressure, the Scottish Government continues to invest in supporting existing businesses to transition to a low carbon environment and looking to fund new and innovative projects, which will take time to develop and deliver, and could result in more funding being required over the latter part of the five year term, as these newer markets grow and mature.