Hansard

I will begin by explaining the reason for the Scottish Government’s policy decision to introduce new safeguards in relation to XL bully dogs. The new safeguards, which will include a requirement for XL bully dogs to be muzzled and kept on a lead in public places, will help to ensure public safety.

That decision was not taken lightly. It follows as a direct result of the United Kingdom Government’s decision to introduce new controls on the XL bully dog for owners living in England and Wales. Such a decision was for the UK Government to make for owners in England and Wales, but the UK Government failed to fully consider the knock-on impacts of that decision. As the First Minister set out last week, the UK Government failed to act to stop dog owners in England and Wales from evading the new controls by bringing their dogs to Scotland. That changed the balance of whether we needed to act in Scotland.

These are exceptional circumstances in which we find ourselves. They mean that it is now right and proper that we replicate the controls that are being implemented south of the border. That does not mean that the Scottish Government is moving away from the “deed, not breed” approach, which is recognised by dog control experts as the most effective way of keeping communities safe.

The Scottish Parliament should be proud of the legislation that has created a system of dog control notices that can be served on an owner of any dog that is out of control as a proportionate step to reduce the risk of the dog becoming dangerously out of control.

Scotland is in a unique position in comparison with the rest of the UK. The Control of Dogs (Scotland) Act 2010 enables local authorities to serve dog control notices to deal with out-of-control dogs at an early stage. I can confirm that the Scottish Government will be looking in the medium term to work with key stakeholders and interested parties to look at potential improvements to the 2010 act that could enhance and strengthen the general preventative dog control notice regime in Scotland.

We recognise that the vast majority of dog owners are responsible animal lovers who will want to keep their XL bully dogs and comply with the safeguards when they are introduced. Responsible dog ownership is hugely important but, sadly, there are some cases of irresponsible dog ownership that can, understandably, lead to operational challenges for the police as well as local authority dog wardens.

Issues could also arise with dogs being neglected or not exercised, or with dogs generally not being compatible with the owner’s lifestyle, leading to behavioural issues. Although the focus today is on XL bully dogs, any dog has the propensity to become out of control or even dangerous if not trained and socialised properly and not kept under proper control at all times in all places.

Last month, when I met someone who has lived experience of having been attacked by a dog, I was struck by their courage. The individual spoke bravely when telling their story of how they had suffered a dog bite attack that resulted in severe physical, emotional and financial consequences.

I am aware that there is a range of views on the decision that has been made, but I place on record my thanks to all those whom I have met in recent weeks for their helpful engagement, input, expertise and time.

I must stress that, just as is the case in England and Wales, these are new safeguards rather than a ban, and it is important that people understand the effect of the new safeguards. In England and Wales, there are thousands of applications from XL bully owners who have sought exemption certificates to enable them to keep their XL bully dogs. It would therefore be wrong to categorise the safeguards, whether in Scotland or in England and Wales, as a ban.

In recent weeks, I have heard many concerned voices around the impact of this policy. We will, of course, continue to engage with stakeholders to hear about the practical issues arising, and we will carefully consider those for Scotland. From my discussions to date, I am aware of concerns relating to veterinary capacity, given the uncertainty around the number of XL bully dog owners who will require vet assistance. I am also conscious of the possible impact on animal welfare organisations and of wider issues connected to the designation of dogs under the dangerous dogs legislation, both in terms of the impact of some of the safeguards and the wider implications. Those issues will continue to require serious consideration, and I am happy to discuss them as we implement the safeguards in Scotland.

It is important that members, XL bully dog owners and the general public understand what the new safeguards will mean. Subject to approval by Parliament, the effect of the new Scottish controls will be that owners will need to make a decision about whether to keep their dogs.

There will be two stages to the new safeguards regime. From a date that we will announce, the first stage will mean that it is an offence in Scotland to sell an XL bully dog; abandon an XL bully dog or let it stray; give away an XL bully dog; breed from an XL bully dog; or have an XL bully in public without a lead and muzzle.

The second stage will be the deadline to apply for a dog to be added to the exemption index. After that date—which, again, will be announced in the coming period—it will be an offence for a person to own an XL bully dog unless they either have an exemption certificate or have applied for a certificate.

That two-stage approach will give a limited amount of time for XL bully owners to make an informed decision about what they want to do with their dogs. It is appropriate to give that opportunity. However, once the new regime is in place, the owner will need to decide either to keep their dog and, if so, to adhere to the new safeguards, or to no longer keep their dog.

For those who wish to keep their dog and comply with the new safeguards, a fee will be payable to apply to register a dog on the exemption index. Compensation will be payable for those owners who no longer wish to keep their dogs. The amount of the fee, and the compensation payable, will be set out in regulations and confirmed in the coming period. For reference, the equivalent amounts in England and Wales are £92.40 to register a dog on the exemption index, and either £100 or £200 for the loss of a dog that is subject to euthanisation and payment for the process of euthanising a dog, depending on whether that service was paid for.

In addition to the need for a muzzle and to keep the dog on a lead, the new safeguards operating as part of an exemption include having the dog microchipped and neutered. The specific dates for those stages will be set out in the legislation to be laid and agreed in Parliament, but we are working at pace to urgently develop necessary regulations.

Dog owners in Scotland should therefore start to consider what they may wish to do with their XL bully dogs. Given what the Scottish Government has announced, I suggest that it would be sensible for any prospective owners of XL bully dogs to seriously bear in mind the need to adhere to the new safeguards, if they are minded to acquire an XL bully dog where they currently do not own one. We will develop guidance and practical support to allow owners to understand the legislation and what is required. That will include details on how to identify an XL bully dog using the standard developed by the UK Government.

We must recognise the consequences for Scotland of the UK Government’s policy on XL bully dogs. In effect, it would see owners in England and Wales able to get rid of their XL bully dogs here in Scotland. We therefore have to act and enhance safeguards that will help to keep the public safe. It is therefore right to replicate the regime in England and Wales so that we remove the ability of English and Welsh dog owners to use Scotland to get rid of their dogs.

Moving forward, we will be considering issues that have arisen as a consequence of the UK Government’s policy. We will also continue to work closely with stakeholders to look at mitigating, where appropriate, the impact of any unintended consequences of these controls.

Despite the need to introduce these new safeguards, we remain committed to the fundamental principles of the Scottish approach. The situation with XL bully dogs is unique, but we remain unequivocally committed to the “deed, not breed” approach.