Seòmar agus comataidhean

The Scottish Government are working with their appointed contract administrators to obtain completion certification on works connected with the recent essential repairs at Bute House.

Once certification is in place all costs associated with the fabric of the building repairs and fire compartmentation will be proactively released.

The two main pieces of legislation in relation to dog control are the Dangerous Dogs Act 1991 (“the 1991 Act”) and the Control of Dogs (Scotland) Act 2010 (“the 2010 Act”). The 1991 Act provides for criminal law measures for dog owners and persons in charge of dogs, where a dog is ‘dangerously out of control’. The 2010 Act provides for a civil regime in respect of dog owners who allow their dogs to be ‘out of control’.

The law is clear that dog owners are responsible for the actions of their dog. For example, if an owner does not control their dog they can be given a Dog Control Notice (DCN) by a local authority dog warden. If a more serious incident occurs, consideration can be given to prosecution for having a dog that is dangerously out of control under the 1991 Act.

Further detailed information on the 2010 Act can be found at: https://www.gov.scot/publications/updated-guidance-control-dogs-scotland-act-2010/

A Scottish Government led Short Life Working Group was established in 2022 to review the 1991 Act. The working group has undertaken its review with a wide range of views offered. The Scottish Government will use this review to help determine what may be appropriate as next steps.

In addition, legislative action has been taken to encourage greater responsibility from dog owners around livestock.

The Scottish Government supported the introduction of the Dogs (Protection of Livestock) (Amendment) (Scotland) Bill, which gained Royal Assent on 5 May 2021 and came into force on 5 November 2021, as being in accordance with the advice on responsible behaviour for people walking dogs contained in the Scottish Outdoor Access Code.

Under this law owners of dogs that attack or worry livestock can be fined up to £40,000 or face a prison sentence of up to 12 months.

The vast majority of dog owners are responsible people who take good care of their animals and enjoy the widespread benefits of dog ownership and companionship.

Where a dog owner is issued with a dog control notice (DCN) under the terms of the Control of Dogs (Scotland) Act 2010 ("the 2010 Act"), conditions are included with the DCN. While a matter for local authorities, the 2010 Act recognises that training for dogs and owners is important and as such includes a requirement to attend and complete a course of training in the control of dogs as a suggested condition that can be included in a DCN. This proportionate approach focuses on those owners who have allowed their dogs to be out of control.

More generally, the Scottish Government previously carried out a digital marketing campaign on dog control with the Scottish SPCA. This campaign has been re-run on Facebook, Twitter and Instagram on a number of occasions, and directs the public to information about ‘The law on controlling your dog’ on the mygov.scot website at: https://www.mygov.scot/controlling-your-dog

This website makes clear that dog owners are responsible for the actions of their dog, and also provides links to websites for organisations such as the Scottish SPCA that contain advice and assistance on issues such as dog training.

The Scottish Government would encourage all dog owners to seek advice and assistance from reputable organisations such as the Scottish SPCA and the Dogs Trust if they require assistance with their dog/dog training.

The Scottish Government is also embarking of a number of regional engagements to help consider what more can be done by enforcers and other key stakeholders to collectively consider what else can be achieved to strengthen enforcement and help prevent and reduce the risk of dog incidents.

Further to the information provided in S6W-21589 on 5 October 2023, the Scottish Government continues to regularly assess the management information provided by health boards to Public Health Scotland that provides information on dog bites.

The Scottish Government is committed to working with justice agencies and local authorities, and other key stakeholders, to keep communities and people safe from irresponsible dog owners and out of control dogs. A series of Scottish Government engagement events is underway with key enforcement interests in different parts of Scotland to assess how best legislation can be used to help address dog control issues.

A Scottish Government led Short Life Working Group has undertaken a review of the Dangerous Dog Act 1991, with a wide range of views offered. The Scottish Government will use this review to help determine what may be appropriate as next steps. Education is a is key factor in prevention of livestock worrying incidents. Messaging is promoted widely on social media by NatureScot and The Scottish Outdoor Access Code also sets out how to exercise access rights responsibly when walking dogs: https://www.outdooraccess-scotland.scot/practical-guide-all/dog-walking

To assist with addressing the issue of dog attacks on animals the Scottish Government supported the introduction of the Dogs (Protection of Livestock) (Amendment) (Scotland) Bill, which gained Royal Assent on 5 May 2021 and came into force on 5 November 2021, as being in accordance with the advice on responsible behaviour for people walking dogs contained in the Scottish Outdoor Access Code.

Under this law owners of dogs that attack or worry livestock can be fined up to £40,000 or face a prison sentence of up to 12 months.

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 Sex Offender Notification Requirements in Scotland requires convicted sex offenders to provide a range of personal information to the police, including their name, and to inform the police should any of those details subsequently change.

Individuals convicted of sexual offences are not prevented from making an application for a Gender Recognition Certificate under the UK Gender Recognition Act 2004.

The Scottish Government will carefully consider the recommendations made by the UK Animal Welfare Committee and will continue to work with stakeholders to ensure the welfare of fish throughout the animals’ life.

The Scottish Government is committed to the highest possible welfare standards for animals, including fish. Improving aquaculture health and welfare is an ethical responsibility and is one of the main priorities that is enshrined in our Vision for Sustainable Aquaculture.

The Scottish Government will carefully consider the recommendations made by the UK Animal Welfare Committee and will continue to work with stakeholders to ensure the welfare of fish throughout the animals life.

Policy responsibility for this issue is a devolved matter, and the potential introduction of any new legislation would be given careful consideration by Scottish Ministers.

The Scottish Government understands that the Animal Welfare (Responsibility for Dog Attacks) Bill would require a person in charge of a dog to take all reasonable steps to ensure that that dog does not fatally injure another dog. The Animal Health and Welfare (Scotland) Act 2006 already makes it an offence for a person to cause unnecessary suffering to a protected animal, however the Scottish Government is open to considering if further provision is necessary in this area.

The Scottish Government expects everybody to be treated fairly and with respect when seeking health care. All health boards have policies in place to fulfil their duties under the Equality Act 2010.

The Scottish Government supports the appropriate use of single sex exemptions to services when it is a proportionate means of achieving a legitimate aim.

Responsibility for complying with the requirements of the Equality Act rests with individual organisations. The responsibility for oversight of compliance with the 2010 Act, rests with the Equality and Human Rights Commission (EHRC).EHRC has issued guidance on how the Regulations should be applied in practice, including on hospital wards.

The EHRC is independent, and it cannot be directed by Scottish Ministers.