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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 21 April 2025
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Displaying 1351 contributions

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Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Yes. Yesterday, I had discussions with Police Scotland on that specific issue. In a moment I will bring in Jim Wilson, who was also there. We are moving forward. We have set up the implementation group, which met for the first time yesterday. Police Scotland, local authorities and COSLA are all on board to see how we can implement the regulations. I understand that there are concerns about the police’s capacity for going out to see every single dog, so we will also explore how we could work with local authorities on that.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

I have not had any meetings with the UK Government but, since November, I have had many meetings with stakeholders and weekly meetings with Jim Wilson, who has kept me updated on all progress.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

It was none of the things that you suggest. As I said, this has been on-going for several months and I have been engaging significantly with all stakeholders regarding it. It came into place, I think, over the Christmas period, when we saw, largely on social media, instances of XL bully dogs being brought up to Scotland and the UK Government could not confirm whether that would be illegal.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Yes. We wanted to bring in the legislation at pace due to XL bully dogs being brought up from England and Wales.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

I will address that but will first clarify a matter in relation to a previous comment. When the legislation was brought in on 1 February in England and Wales, one unintended consequences was that they did not know what to do with a dog if its owner died, which Jim Wilson just mentioned. We are looking at a timescale that is a little bit longer, so that we can cover all the unintended consequences in the second SSI. The UK Government is now adding such provisions, in hindsight, because its legislation was rushed through.

We are engaging with stakeholders about the issues, including the one that you raised about puppies, so that they can be considered for the future instrument.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Yes.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

The definition is on the UK Government website, which we are following.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Yes.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

Yes. You are correct, Mr Swinney. I will bring in Jim Wilson, who has been involved in conversations with the DEFRA group that has been set up.

Ever since this was announced—from day 1—we have been trying to establish the consequences for Scotland of the UK legislation coming into force in England and Wales. I did write again to ask formally. You are correct that we did not get a response until 14 December. It was very unclear and vague.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Siobhian Brown

I do. As I have said, we have not taken the decision lightly. The Scottish Government has been put in this position, and it is not the road that we would like to go down. We know that it is about deed, not breed.

In addition, we need to be clear about responsibility. After the UK Government implemented its legislation, there was a horrific incident down in Essex in which a woman was killed. That dog attack happened in a home, as a lot of dog attacks do. Even though we are talking about having dogs on muzzles and leads outside and bringing in safeguards, because public safety is paramount, we also have to acknowledge the responsibility that comes with dog ownership. We are trying to find a balance in that regard.