Meeting of the Parliament (Virtual) 21 January 2021
I am pleased to open today’s debate on the general principles of the Dogs (Protection of Livestock) (Amendment) (Scotland) Bill. The bill will update and strengthen the law around livestock worrying, which is a horrendous event in which sheep and other farm animals are chased, attacked or killed by out-of-control dogs.
In many cases, sheep and other livestock are mauled to death or left with horrendous injuries and in extreme distress, often meaning that they must be euthanised. Being chased can also traumatise animals, leading pregnant ewes to abort. In addition to the emotional impact that the attacks have on the farmers and their families, there are often substantial financial losses. In some cases, pedigree sheep worth many thousands of guineas can be killed.
In evidence to the Rural Economy and Connectivity Committee, the Scottish partnership against rural crime reported that between April 2018 and March 2019,
“321 attacks on livestock were reported to Police Scotland”—[Official Report, Rural Economy and Connectivity Committee, 16 September 2020; c 2.]
and we know that attacks on livestock are underreported. The welfare of all animals is important and the evidence suggests that livestock attacks are a growing problem, which warrants legislative change.
The current livestock worrying legislation, which dates back to 1953, is outdated and no longer fit for purpose. Witnesses at the REC Committee agreed that current deterrents, as set out in the Dogs (Protection of Livestock) Act 1953, are insufficient and need to be updated. The bill provides additional powers for the investigation and enforcement of the offence of livestock worrying, and will increase the maximum penalties that are available to the courts.
The bill also extends the definition of “livestock” to include additional types of farmed animals, such as alpacas, llamas, deer and buffalo, which are not afforded legal protection under the 1953 act.
It is clear from my consultation, which received more than 600 full responses, that the term “livestock worrying” does not adequately reflect the seriousness of the offence. The bill renames the offence from “worrying” livestock to “attacking or worrying” livestock. The word “worrying” has a different meaning today from its meaning in 1953; the word “attacking” is much more definitive and clearer.
I would like to thank everyone who has helped me get to this stage—the Scottish partnership against rural crime; NFU Scotland; the National Sheep Association; the Scottish SPCA; the British Veterinary Association; the British Horse Society Scotland; NatureScot; Scottish Land & Estates; the Dogs Trust; the farmers I met face to face; my vet, Alan Marshall; and the non-Government bills unit. Huge thanks go to my office manager, Scott McElvanney.
I also thank the REC Committee for its consideration of my bill at stage 1 and for supporting the general principles of the bill. I have written formally to the committee in response to its report and recommendations and, as the committee suggested, last week I met the minister to discuss the bill.
Following the positive meeting with the minister and the publication of the committee’s report, I have committed to propose amendments to the bill at stage 2. The committee suggested that penalties could be increased to match recent changes to animal welfare offences. Having discussed that with the minister, I have agreed to the Government lodging a stage 2 amendment to increase the maximum penalty to 12 months’ imprisonment or a fine of £40,000, or both.
The committee called for the powers in relation to the appointment of inspectors by inspecting bodies to be removed from the bill, due to concerns about the range of powers that would be available to those inspectors. I confirm that I will lodge stage 2 amendments to omit the relevant section from the bill to ensure that only the police can carry out any livestock attack investigations.
Additionally, the committee raised concerns about the power that would allow the police to enter non-domestic premises without a warrant in order to seize a dog. I will lodge an amendment at stage 2 to ensure that a warrant is required in all cases.
Finally, on a technical legislative point, the committee recommended that the procedure in relation to regulations regarding the definition of the term “livestock” should be affirmative and not negative. I will lodge a stage 2 amendment to that effect.
One point that I would like to clarify relates to compensation. The committee’s report suggests that the bill contains compensation measures. That is not the case—there are no compensation orders in the bill. Compensation is already available as an option to the courts and, as the committee heard, compensation has been awarded in some cases.
I am hopeful that, with my commitment to lodge amendments at stage 2, the Parliament will support the general principles of the bill today at stage 1. That is the right thing to do to ensure that Scotland’s hard-working farmers and crofters and those involved in agriculture have greater legal protection from attacks on their livestock by out-of-control dogs, which can be financially and emotionally devastating. I am committed to working with any member who has concerns or suggestions on how to improve the bill as we approach stage 2. I urge members to support the bill at decision time this evening.
I move,
That the Parliament agrees to the general principles of the Dogs (Protection of Livestock) (Amendment) (Scotland) Bill.