Seòmar agus comataidhean

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.

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.

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.

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.

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.

Yes.

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.

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.

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.

Good morning. I thank the committee for asking me to speak to the regulations.

The purpose of the instrument is to support implementation and commencement of the Age of Criminal Responsibility (Scotland) Act 2019, which provides for orders in relation to children to allow investigation of their actions, notwithstanding that they will not have committed offences.

The orders, when they are granted, will largely permit the sort of interventions that the police would otherwise be able to make in respect of suspects, including searches, interviews and taking of prints and samples. The interventions will enable the police to determine what has happened so that the right support can be put in place for a child whose behaviour has caused harm, as well as for the person who was harmed by that behaviour.

The legal aid provisions are to allow for representation in respect of applications for the orders, in order to ensure that the rights of children—and others, in some cases—are protected in the course of proceedings.

That is a brief overview of the regulations. I am, of course, happy to answer any questions that the committee has.