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Chamber

Meeting of the Parliament (Hybrid) 16 March 2022

16 Mar 2022 · S6 · Meeting of the Parliament
Item of business
Dog Theft

I congratulate Maurice Golden on securing the debate and bringing this important matter to the chamber. I share his concern about the rapid increase in dog theft, which has been caused by the high demand for dogs during the pandemic and the increase in their value. According to the Kennel Club, the crime impacts and upsets nearly 200 affected households across the UK each month.

Last month, in Kilbirnie, where I live, two Scottish terriers vanished from their owner’s back garden and were believed to have been snatched. Thankfully, after having been missing for several days, Archie and Angus were found and returned to their owner.

Such an event shows why there is an increasing fear of dog theft, and many owners now feel the need to constantly keep an eye on their dogs and never leave them unsupervised. That is unsurprising, given that the emotional impact that owners of stolen dogs experience can be profound, with many victims reporting depression, diminished social lives and even, on occasion, marriage breakdown as a result.

More than a decade ago, I was contacted by a distraught constituent living in Whiting Bay, in Arran, after his dog had gone missing. He alerted the police and feared that his collie, Timmy, might never be returned. Astonishingly, the dog was located in Staffordshire, having been lifted by an Israeli tourist who was—ostensibly—looking for some canine company while touring Britain. How was Timmy found? It was through the microchip, which allowed him to be traced back to his island owner, who was absolutely delighted.

That important precautionary measure, which is now a legal requirement, is one that dog owners can take to increase the probability of their being reunited with their dog if the worst should happen. It gives dog owners peace of mind and ensures that, if anyone tries to re-register their dog’s chip number, they will be informed soon afterwards. However, as Maurice Golden pointed out, the system is not perfect.

A decade ago, inspired by Timmy’s recovery, I organised in Kilbirnie the first free microchipping session in Scotland, at which 167 dogs were microchipped, and I followed that up with similar sessions across Cunninghame North. Soon after, microchipping spread throughout much of Scotland, and I cannot thank the Dogs Trust enough, as it not only paid for the microchips but funded the staff to install them. Over many years, the Dogs Trust campaigned remorselessly and successfully to introduce compulsory microchipping.

I completely agree with Colin Smyth that we should also consider microchipping cats. My wife, who is a Westminster MP and chairs the all-party parliamentary group on cats, is pursuing that.

Unfortunately, six years after dog microchipping became a legal requirement in Scotland and across Britain, many dog owners still have not chipped their dogs. An English local authority recently said that only 26 per cent of dogs that were taken in by council dog wardens last year were microchipped with accurate details. The fact that chipping services had to be paused by the SPCA during the pandemic may have further hindered progress. Given the rise in dog theft, and the profound impact that that crime has on owners and pets, I welcome Maurice Golden’s motion and the proposal for a bill to create a specific offence of dog theft.

I note the recent comment made by Roddy Dunlop QC, dean of the Faculty of Advocates, which has already been raised here. He stated that there is already a significant deterrent in place in the common law of Scotland and that any court would take into account the dog’s value to the owner when sentencing. That is certainly reassuring, but only up to a point. We have heard how few cases are actually prosecuted.

First, a separate statutory offence would address the current gap in the available data that is required to prevent dog theft and would help to ascertain the true scale of the problem. Secondly, it could act as a deterrent by setting a more realistic maximum sentence that the courts might actually use, rather than the current theoretical maximum sentence for theft of any kind in Scotland, which is life. Thirdly, for philosophical reasons, a statutory offence would differentiate between the theft of an object and that of a living animal. It is interesting that members keep referring to mobile phones as if those are their most important possessions. Such an offence would establish a clear difference in the law between objects and sentient animals, which would recognise the welfare impact on the dog, rather than treat the theft as a commodity loss for the dog owner.

I am alarmed by the recent increase in instances of dog theft across Scotland and I therefore welcome the fact that a formal consultation on Mr Golden’s proposed bill to introduce a specific statutory crime of dog theft will begin next month. I hope that the introduction of a specific offence will not only recognise the emotional impact and trauma that stealing a dog creates for owners and pets but act as a strong deterrent to potential offenders, while establishing a separate database for dog theft to track the number of offences that are being committed.

In the same item of business

The Deputy Presiding Officer (Annabelle Ewing) SNP
The final item of business is a members’ business debate on motion S6M-02745, in the name of Maurice Golden, on tackling dog theft. The debate will be conclu...
Maurice Golden (North East Scotland) (Con) Con
I thank members on all sides of the chamber for supporting the motion. Dog theft is a serious and growing problem. It is estimated that in 2020, almost 200 ...
Christine Grahame (Midlothian South, Tweeddale and Lauderdale) (SNP) SNP
I thank Maurice Golden for securing the debate, which I welcome. I acknowledge that the theft of dogs is on the rise, although we know that actual figures—fo...
Maurice Golden Con
To clarify the point on sentencing guidelines, I will be consulting on the length of term. Having discussed that with dog charities, we think that five years...
Christine Grahame SNP
Indeed—there is a role for the Scottish Sentencing Council. The motion refers to the impact on owners, which, we can infer, should have an impact on sentenc...
Jamie Greene (West Scotland) (Con) Con
It has been a year, almost to the day, since I adopted my dog Astro. He is a rescue dog from Romania. Yes, I have heard the joke many times that he has a Eur...
Colin Smyth (South Scotland) (Lab) Lab
I thank Maurice Golden for lodging his motion for debate, and for raising the important issue of whether we need a new criminal offence of dog theft. As we ...
Christine Grahame SNP
I do not know whether the member is aware that one of the horrors that are associated with microchipping is that, often, the criminals will remove the microc...
Colin Smyth Lab
That is an important point, and highlights why taking pet theft seriously is important: some of these criminals, frankly, care very little about the animals ...
Kenneth Gibson (Cunninghame North) (SNP) SNP
I congratulate Maurice Golden on securing the debate and bringing this important matter to the chamber. I share his concern about the rapid increase in dog t...
The Deputy Presiding Officer SNP
I call Finlay Carson, who has up to four minutes. 17:52
Finlay Carson (Galloway and West Dumfries) (Con) Con
I thank my colleague Maurice Golden for bringing to the chamber this important debate on tackling dog theft. Sadly, hardly a week passes without a story appe...
Maurice Golden Con
I clarify that, although I will be consulting on the inclusion of cats and other companion animals, my focus is on ensuring that the member’s bill is sound a...
Finlay Carson Con
I absolutely take that on board and I sympathise with the member for having a small office in Broughty Ferry. My priority, too, is for the bill to protect do...
The Deputy Presiding Officer SNP
Mr Carson, could you please conclude? You are at about five minutes now.
Finlay Carson Con
I will, Presiding Officer. Finally, I go back to Colin Smyth’s discussion of microchipping, which is really important for cats, too. I am sure that the issu...
Stephen Kerr (Central Scotland) (Con) Con
I will make a short contribution to support my colleague and friend Maurice Golden in his attempt to bring forward this piece of legislation, the shape of wh...
Jamie Greene Con
Does Stephen Kerr want one?
Stephen Kerr Con
Having listened to Jamie Greene’s speech, I am not sure that I want that particular dog. Each of those west Highland terriers had its own personality. In fa...
The Deputy Presiding Officer SNP
I call Ash Regan to respond to the debate. 18:02
The Minister for Community Safety (Ash Regan) SNP
I thank Maurice Golden for securing this evening’s debate on the important subject of dog theft. We are a nation of dog lovers. As the stories that many memb...
Maurice Golden Con
Does the minister accept that dog theft is not recorded in a consistent way by the police across Scotland, that it is sometimes not even recorded as dog thef...
Ash Regan SNP
I agree that there are always ways in which we could improve the data to which we have access. I take that point. Police Scotland has indicated that, whil...
Jamie Greene Con
It is not just the level of the sentence. One of the key benefits of having specific offences is the message that it sends to criminals that there is a high ...
Ash Regan SNP
I have set out the context, and I am not sure that it is right to characterise the situation as a rise in cases, because we think that dog theft has returned...