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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 25 November 2024
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Displaying 270 contributions

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Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 23 November 2021

Ash Regan

Yes, we have. We have had quite a large amount of consultation with local authorities and others on the design and implementation of the database. I will ask Jim Wilson to give some of the detail of that.

Right at the beginning of the process, I initiated direct engagement with Councillor Kelly Parry, who is the Convention of Scottish Local Authorities spokesperson for community safety and wellbeing. That was to ensure that COSLA was sighted on what we were doing and to get its full involvement in the plan for initiating the design of the database and so on. I think that I have met her twice over the past year—I ask Jim Wilson to confirm whether that is right.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 23 November 2021

Ash Regan

No, that would not be an offence under the 2010 act. We might look at that as part of our review in relation to potential future legislation.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 23 November 2021

Ash Regan

That issue could be considered, but I think that that is more to do with animal welfare. I think that there is a reporting duty in the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020. I did not work on that legislation, but there might be opportunities for justice and animal welfare colleagues to work together on such issues. I know that Jim Wilson works with them, so he might be able to give the committee an update.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 23 November 2021

Ash Regan

Good morning. I thank the committee for inviting me to speak about the draft order that has been laid for Parliament’s approval. I very much welcome the opportunity to give evidence. I also thank the Delegated Powers and Law Reform Committee for its consideration of the draft order earlier this month.

The Control of Dogs (Scotland) Act 2010 introduced the dog control notice regime. Local authority dog wardens are able to issue a dog control notice to a dog owner who allows their dog to be out of control. The civil notice can contain a number of conditions, such as the need to muzzle the dog or to keep it on a lead whenever it is in a public place. Breach of a dog control notice is a criminal offence.

Section 8 of the 2010 act provides the Scottish ministers with an enabling power to make an order to establish a national database of dog control notices. The intention of the draft order is to provide for the establishment of such a database. Each local authority already has a statutory responsibility to monitor the effectiveness of every dog control notice that it has issued, but the national database will bring together the records of all local authorities in a centralised database that will be accessible to local authorities and Police Scotland. The database will be a valuable tool in improving the effectiveness of the 2010 act.

The information that will be held on the database will include the name of the person to whom the dog control notice applies, the address of that person, and information relating to the dog, such as whether it is microchipped and the name of the animal.

That is a brief overview of the draft order. I will be happy to answer any questions that the committee has about it.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 23 November 2021

Ash Regan

That was our understanding of the way in which the regime is functioning at the moment. One of the reasons for implementing the database is to make enforcement easier in cases in which someone is issued with a dog control notice in, say, Fife, but they then move to Lanarkshire. We think that the enforcement process will be easier for local authorities and, we hope, for Police Scotland.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 23 November 2021

Ash Regan

Yes, it is their responsibility. They are the proper person to notify the new local authority that they have moved there and to give their new address.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 23 November 2021

Ash Regan

Yes.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 23 November 2021

Ash Regan

It is. We have committed to that. I want to have the most effective dog control regime. We have been talking about two acts. It is envisaged that the 2010 act should act as a preventative regime. We want people to be responsible dog owners by keeping their dogs under control and behaving when they are out, so that they do not become dangerous dogs, which is an issue that is covered by the 1991 act.

There is quite a complex interplay, with dog wardens at one end and Police Scotland and the Crown at the other. There is an opportunity to look at everything in the round and to see whether the legislation needs to be strengthened, although I think that we all agree that it does need to be strengthened. There is an opportunity to consider all those factors. Miles Briggs has raised a good point.

09:30  

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 23 November 2021

Ash Regan

Absolutely. I have had conversations with the Edinburgh Dog and Cat Home about the issue. As you said, it and a number of smaller stakeholders with expertise in the area want to contribute to the development of the work. We will expand the working group, because we want to ensure that we have the right expertise on it. We are moving from considering operational issues relating to the 2010 act to considering wider policy and legislative changes. We will keep Miles Briggs’s point in mind.

Equalities, Human Rights and Civil Justice Committee

Subordinate Legislation

Meeting date: 2 November 2021

Ash Regan

Thank you, convener, and good morning to the committee.

The Tribunals (Scotland) Act 2014 created a simplified statutory framework for tribunals in Scotland, bringing existing tribunal jurisdictions together and providing a structure for new jurisdictions.

The 2014 act created a new two-tier structure for tribunals in Scotland—a First-tier Tribunal for initial appeal decisions and an Upper Tribunal primarily for appeals from the First-tier Tribunal. The tribunals are known collectively as the Scottish tribunals.

Section 20(1) of the 2014 act provides that

“The First-tier Tribunal is to be organised into a number of chambers,”

having regard, among other things, to subject matter.

There are five existing chambers in the First-tier Tribunal. The regulation is a technical one that makes provision for a new sixth chamber, to be known as the First-tier Tribunal for Scotland local taxation chamber, which will hear appeals that are currently dealt with by valuation appeals committees and the council tax reduction review panel.

The regulations form part of a broader suite of instruments that will, in due course, be required to enable the transfer of the valuation appeals committees and the council tax reduction review panel to the First-tier Tribunal.

I understand that the Delegated Powers and Law Reform Committee considered the regulations on 5 October and that it did not raise any points, but I would be happy to answer any questions that the committee may have.