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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 28 November 2024
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Displaying 1012 contributions

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Criminal Justice Committee [Draft]

Criminal Justice Bill

Meeting date: 6 March 2024

Pauline McNeill

A question sprang to mind when I was listening to Russell Findlay. We already have specific legislation on child grooming. It would be helpful to know whether there is duplication there from the Scottish Government’s point of view. Criminal law is normally a matter for this Parliament, unless it is international organised crime. We need to be clear about why we would need offences that would be an aggravation of an existing offence. We need to know whether that gives the Crown the option of how the offence is charged, if you follow me. That may seem simple on the face of it, but devolved competence normally allows Scotland to decide how it wishes to proceed. I am sure that there are very good reasons for that, but we need to ask the question, because we certainly do not want any confusion about this.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Pauline McNeill

Good morning. Is the purpose of the SSIs that we are considering purely to close the loophole?

I was listening to what Jim Wilson was saying and trying to understand the situation. There has already been discussion with the UK Government about XL bully policy—that is what the DEFRA talks were about. I want to establish exactly why you have introduced the instrument now. Is it simply because, when you were having those discussions, you saw a loophole and you want to close it? Is that right?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Pauline McNeill

On XL bully dogs?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Pauline McNeill

You have answered my question about how you define an XL bully. Some organisations wrote to the committee with concerns, one of which is about puppies that have not reached the fully grown size of their breed. Will you consider how that will be dealt with?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Pauline McNeill

Did you say that Scotland was doing its own work as well, separate from that?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Pauline McNeill

I just wanted to understand the timetable.

Minister, you have confirmed that closing the loophole is the purpose of the instruments.

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Pauline McNeill

I want to ask you about that.

Are you concerned about the definition of an XL bully dog? You said that, in the two incidents that we know about, the breed of the dogs cannot be confirmed. In addition, under the provisions, who makes the final decision on whether a dog is an XL bully dog?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Pauline McNeill

The purpose of the SSI is to set out the conditions for keeping an XL bully dog. You have mentioned the exemptions, but we will not see the instrument for those until much later in the year. I was a wee bit concerned about the separation of that from the SSI that we are considering today, in that we cannot see yet what the exemptions are. Could you explain the reason for the separation?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Pauline McNeill

Would we not be in the same position? Would you not expect to see a definition if it is so important to decide which dogs are covered by, or referred to in, the SSI and which are not? Do you see what I mean?

Criminal Justice Committee

Subordinate Legislation

Meeting date: 21 February 2024

Pauline McNeill

The working group that Jim Wilson was talking about was to discuss the policy of how to tackle XL bully dogs. Is that right? Have I understood that correctly?