Letter to Committee Conveners from the Convener, 10 September 2021
Ariane Burgess, MSP
Convener, Local Government, Housing and Planning Committee
Joe Fitzpatrick MSP
Convener, Equalities, Human Rights and Civil Justice Committee
Audrey Nicoll, MSP
Convener, Criminal Justice Committee
Dear Conveners
As you may be aware, the remit of the Session 5 Public Audit and Post-Legislative Scrutiny (PAPLS) Committee included a role to consider and report on post-legislative scrutiny. The remit of the Session 6 Public Audit Committee, however, does not include post-legislative scrutiny.
At its meeting on 2 September 2021, the Public Audit Committee considered the PAPLS Committee’s Legacy Paper and agreed to write to each of your Committees to highlight post-legislative scrutiny work carried out in relation to dog control legislation.
In Session 5, the PAPLS Committee undertook post-legislative scrutiny of the Control of Dogs (Scotland) 2010 Act (the 2010 Act). It published its report, which contained a series of recommendations for the Scottish Government, in July 2019. All of the work of the PAPLS Committee on this issue can be found on its webpage.
The report sought short-term improvements to the 2010 Act and a longer-term comprehensive review of all dog control legislation. The enforcement regime of the
2010 Act falls under civil law, with responsibility for the enforcement and costs of administering the 2010 Act falling to local authorities. The review of all dog control legislation includes the aspects which currently fall under criminal law.
Since the publication of the report, the Scottish Government has undertaken two separate consultations in relation to improving the operational effectiveness of the 2010 Act1 and on wider dog control issues2. In its Legacy Paper, the PAPLS Committee recommended:
“The Committee remains frustrated by the pace with which the Scottish Government is responding to this extremely serious issue. Given the high level of dog attacks that continue to be reported, and the probability that a significant number of attacks remain unreported, it is imperative that the work started by the Committee is followed through by the Scottish Government as a matter of urgency. The Committee recommends that the next Parliament continues to place pressure on the Scottish Government to legislate to update current dog control legislation, to ensure it is fit for purpose, at the first available opportunity.”
The Public Audit Committee asks that as you develop your own work programme, you give consideration to ensuring that the work started in Session 5 to address the serious issue of dog attacks continues to be taken forward by the Scottish Government.
Yours sincerely
Richard Leonard MSP
Convener
1 Steps to Improve the Operational Effectiveness of the Control of Dogs (Scotland) Act 2010 - Scottish Government - Citizen Space (consult.gov.scot)
2 Criminal law - dealing with dangerous dogs: consultation - Scottish Government - Citizen Space