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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.

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’.

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.

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.

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

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.

Replicating the approach taken in England and Wales, it will be possible for owners of XL Bully dogs to retain their dogs by applying for an exemption. Details of how this can be done will be published as the scheme is launched and practical and helpful support will be provided by the Scottish Government for XL Bully dog owners.

The effect of an exemption being granted will be that an XL Bully dog will be added to the already operating index of exempt dogs. This index has operated since the 1990s and it is operated on a day-to-day basis by the UK Government for Scotland (this reflects the fact that the exemption index was established prior to devolution). There are currently no plans to change how the index operates.

Making the index publicly available would require consideration of a number of issues including data protection. The Scottish Government would be happy to raise this issue with the operator of the index as part of the process of delivering the new XL Bully dogs safeguards in Scotland.

The Scottish Government introduced a national dog control notice database in February 2022 which is helping local authorities and Police Scotland access information on dog owners where notices have been issued.

The national database brought together the dog control notice records of all local authorities into a centralised database that is accessible by all 32 local authorities and Police Scotland.

Where a person subject to a dog control notice moves from one local authority to another, the national database is a valuable tool in helping to enforce that notice.

The 2010 Act already allows for and requires local authorities to co-operate with the police and other local authorities in all matters relating to the control of dogs arising under or by virtue of this Act, the Dogs Act 1906 or the Dangerous Dogs Act 1991. It is for local authorities to assess how and when information can be shared more widely and in so doing, local authorities will carefully consider data protection under GDPR.

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 .

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.