Seòmar agus comataidhean

We will provide details of the defined characteristics of an XL Bully dog as the relevant legislation introducing the new safeguards for XL Bully dogs is developed and published. Practical and helpful guidance and support will be provided to XL Bully dog owners on the Scottish Government website to help identification of relevant dogs by owners.

I refer the member to the answer to question S6W-24498 on 3 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 .

The Scottish Government does not hold information on what projected income of the public health supplement would have been had it continued after 2015.

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 have no ability to evade the new controls.

More generally on the effectiveness of breed specific legislation, there is no central database within Scotland or the UK that provides available data on breakdown by breed or crossbreed dogs, involved in dog attacks.

However, National Records Scotland collects data in relation to ‘Deaths from being bitten or struck by a dog in Scotland’. There have been three deaths from being bitten or struck by a dog in Scotland between 2004 and 2022. Information for 2023 is not yet available. Data on the breed or type of dogs involved is not recorded.

In addition, Public Health Scotland collects data on the number of inpatient and day case admissions to hospital where a diagnosis of dog attack (bite or strike) was recorded. The available data from 2004 to 2022 is included in the following table:

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.

NHS Boards are responsible for implementing the National Code of Practice for GP premises.

The NHSScotland National Primary Care (GP) Premises Group has been set up to consider all matters relating to GP Premises including:

• Oversight of the implementation of the Code of Practice for GP Premises.
• Implementation of GP Sustainability Loans.
• Consideration and review of available guidance.
• Consideration of appropriate schedules of accommodation within Primary Care premises, and specifically that of General Practice occupied areas and how this may affect reimbursement.
• Provide a platform for the Scottish Government to present papers/proposals to the group.
• Provide a platform for the BMA to present papers to the group.
• Provide a platform for the NHS Boards to present papers to the group.
• Ensure the Rent Review Process is consistent and supports the intent of the GP contract where required.
• Standardise approaches, e.g. standardise leases across Scotland.

Health Boards are represented on a regional basis alongside the BMA, the Scottish Government and other stakeholders.

The Scottish Government is determined to do all we can to reduce alcohol-related harm and is working closely with Alcohol and Drug Partnerships and the third sector to do so. In 2022-23, £106 million was made available to ADPs, increasing to £112 million in 2023-24. This funding is used to ensure that local services meet the needs of people who experience alcohol and drugs harms.

The announcement in the Scottish Budget 2024-25 signalled the Scottish Government’s intent to explore the reintroduction of a Public Health Supplement. The exploratory work will include considering options for the design of any such supplement.

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.

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 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.