- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Friday, 12 January 2024
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Current Status:
Answered by Siobhian Brown on 24 January 2024
To ask the Scottish Government, in light of the First Minister’s announcement on 11 January 2024 that it will, in essence, replicate in Scotland the legislation that exists in England and Wales on XL bully dogs, what alternative protections it considered in order to address the potential displacement of XL bully dogs to Scotland from England and Wales, and for what reason it dismissed any such alternative options.
Answer
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’.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Friday, 12 January 2024
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Current Status:
Answered by Siobhian Brown on 24 January 2024
To ask the Scottish Government, in light of the First Minister’s announcement on 11 January 2024 that it will, in essence, replicate in Scotland the legislation that exists in England and Wales on XL bully dogs, whether it has decided not to proceed to amend the Control of Dogs (Scotland) Act 2010 as an alternative means of protecting the public, and, if this is the case, for what reason it has taken that decision.
Answer
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 .
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Friday, 12 January 2024
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Current Status:
Answered by Siobhian Brown on 24 January 2024
To ask the Scottish Government, in light of the First Minister’s announcement on 11 January 2024 that it will, in essence, replicate in Scotland the legislation that exists in England and Wales on XL bully dogs, what discussions it has had with the British Veterinary Association (BVA) Scottish Branch regarding any impact on the profession of implementing any such regulations.
Answer
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.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Friday, 12 January 2024
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Current Status:
Answered by Siobhian Brown on 24 January 2024
To ask the Scottish Government who it expects would be responsible for the enforcement of any regulations in Scotland regarding XL bully dogs.
Answer
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.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Friday, 12 January 2024
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Current Status:
Answered by Siobhian Brown on 24 January 2024
To ask the Scottish Government what issues it raised with the UK Government regarding the potential displacement of XL bully dogs to Scotland from England and Wales in the event that legislation that exists in England and Wales were not to be replicated in Scotland, and when it raised any such issues.
Answer
I wrote to the then UK Government Minister for Biosecurity, Marine and Rural Affairs, The Rt Hon Lord Benyon, on 14 November 2023 seeking clarity from the UK Government on whether XL Bully dog owners would be committing the offence of sale of an XL Bully dog if a dog owner living in England and Wales sought to do that outside of England and Wales.
The UK Government were unable to give a definitive answer indicating it would be ‘unlikely’ an offence would be committed in such a situation.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Friday, 12 January 2024
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Current Status:
Answered by Siobhian Brown on 24 January 2024
To ask the Scottish Government, in light of the First Minister’s announcement on 11 January 2024 that it will, in essence, replicate in Scotland the legislation that exists in England and Wales on XL bully dogs, how it will monitor the efficacy of any proposed regulations.
Answer
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.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Friday, 12 January 2024
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Current Status:
Answered by Siobhian Brown on 24 January 2024
To ask the Scottish Government whether it will publicise what it considers to be the definition of an XL bully dog, in order to assist the public, particularly dog owners, in determining whether they may potentially be required to register their dog.
Answer
I refer the member to the answer to question S6W-24481 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 .l
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Friday, 12 January 2024
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Current Status:
Answered by Gillian Martin on 22 January 2024
To ask the Scottish Government whether it will increase the penalties that can be imposed on (a) breeders who are found to be breeding dogs to be aggressive and (b) owners who are found to knowingly fail to keep their dog(s) under control.
Answer
Dog breeding is regulated under the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021. The penalties for offences committed under these regulations were increased in 2020 when the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 came into effect. The changes introduced increased the maximum period of imprisonment from 6 to 12 months and the maximum fine from level 5 (£5,000) on the standard scale to a maximum of £40,000. Given this recent increase in penalties, the Scottish Government has no plans at this time for further revisions.
The Scottish Government will however be looking in the medium term to work with key stakeholders and interested parties to look at potential improvements to the 2010 Act that could enhance and strengthen the general preventative dog control notice regime in Scotland.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Friday, 12 January 2024
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Current Status:
Answered by Gillian Martin on 22 January 2024
To ask the Scottish Government whether it will support the principles of the Welfare of Dogs (Scotland) Bill to introduce a code of practice specifically aimed at prospective owners of dogs, which would place various duties on them to increase responsible ownership by educating and requiring them to sign a certificate that they and the breeder have understood and complied with the code.
Answer
The Government takes animal welfare very seriously and is committed to the highest possible welfare standards. We welcome Ms Grahame’s effort with the Welfare of Dogs (Scotland) Bill and support the general principles of the Bill. We need to emphasise to people that they must be responsible owners and act responsibly when deciding to buy a dog or take one into their lives.
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
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Date lodged: Wednesday, 17 January 2024
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Current Status:
Taken in the Chamber on 24 January 2024
To ask the Scottish Government what research it has undertaken on the impact of changing demographics on NHS services.
Answer
Taken in the Chamber on 24 January 2024