Chamber and committees

Anyone with an XL bully who wants to keep their dog will be able to do so. As I have said previously to the committee, of the 61,000 people who applied in England and Wales, only 200 decided not to keep their dog. The vast majority of responsible XL bully dog owners will want to keep their dog, and someone with an XL bully dog who wants to keep it simply has to apply for an exemption. The scheme will go live on the website on 1 April. The process is very clear. In addition, a video that shows the process will go out on social media. It is very user friendly.

Unfortunately, people have not been able to rehome since 23 February. The issue of kennelling has been raised with my officials and at meetings that I have attended. As well as the implementation group that has been set up with Police Scotland and local authorities, my officials have set up a kennelling working group so that we can work closely with organisations such as the organisation in your constituency to learn about all the issues and see how we can work together moving forward. They will be able to highlight any issues that they face as we move forward with the legislation.

My position is the Scottish Government’s position: this is about the deed, not the breed. As Mr Findlay is well aware, we are in this position because legislation was announced last September with no notice to the Scottish Government, and we found ourselves—

I do believe in this legislation, because we have to move forward. As you highlighted last year, the Scottish Government should be moving forward—

As I have said, in this circumstance, we are deviating from the principle a bit, given the position in which we have found ourselves as a result of the UK Government bringing in rushed legislation. However, moving forward, the Scottish Government will still commit to deed, not breed.

That is my understanding.

At the moment, because the legislation is new, I do not think that that circumstance even applies in England and Wales yet. I do not know whether that has been considered or raised with DEFRA at the working group.

I thank Christine Grahame. I know that she is passionate about the issue, which shows how polarised the views are on the intersection between animal welfare and community safety. As I just said to Ms Dowey, that keeps confirming to me that we need to review the legislation relating to dogs. Initially, we will need to look at the Control of Dogs (Scotland) Act 2010, which Christine Grahame introduced in the Parliament. I am keen to work with her and any other member who wishes to be part of that process.

I welcome the opportunity to give evidence to the committee on this secondary legislation.

As members are aware, the Scottish Government is taking a two-stage approach to new safeguards in relation to XL bully dogs. The order that the committee is considering today is the second of two separate pieces of secondary legislation on XL bullies.

Members will recall that I appeared before the committee on 21 February to give evidence on the first piece of secondary legislation, the Dangerous Dogs (Designated Types) (Scotland) Order 2024. The first stage of the new rules, as set out in that order, came into force on 23 February 2024. XL bully owners must now ensure that their dogs are muzzled and on a lead when in a public place; moreover, the breeding, selling, gifting or exchanging of XL bully dogs is now prohibited. I stress, however, that it remains entirely legal to own an XL bully dog.

The order that we are discussing today establishes the exemption process for owners and rehoming centres wishing to keep dogs and to adhere to the new safeguards beyond 31 July 2024. The order also provides for a compensation scheme for those XL bully owners who, unfortunately, decide not to keep their dogs. In addition, the order ensures that the historic process of tattooing is not required as a means of identifying dogs for which an exemption is sought.

Owners of XL bully type dogs will have from 1 April 2024 to 31 July 2024 to seek a Scottish Government exemption for their dogs. From 1 August 2024, it will be an offence to own a XL bully dog without having, or having applied for, an exemption. Let me be clear: any responsible XL bully owner who wishes to keep their dog can do so, but they must seek an exemption and agree to adhere to the exemption conditions.

As we approach the go-live date of 1 April for the exemption and compensation schemes, I can advise that full details will be published on the Scottish Government and mygov.scot websites on the first day on which applications can be submitted. We will not publish details before then to avoid early applications being made when they would be invalid.

We understand dog owners’ concerns about the possible impact of the new controls. I assure the committee that the Scottish Government takes animal welfare seriously and is committed to the highest possible welfare standards. My officials consulted with various stakeholders, including welfare organisations, throughout the development of the new safeguards that are part of signing up to an exemption.

I have also committed to regular monthly engagement with the dog control coalition, whose members include the Scottish Society for the Prevention of Cruelty to Animals, the Dogs Trust and the British Veterinary Association, to ensure that everything is being done to implement the new safeguards in the best way possible. My officials also meet weekly with the dog control coalition and fortnightly with the Convention of Scottish Local Authorities, Police Scotland and local authorities through the Scottish Government-led implementation forum.

I am happy to answer any questions that members might have.

The Scottish Government will run the exemption scheme. We are in close contact with Police Scotland, local authorities and COSLA—they are considering the potential costs and will get back to us. It is the Scottish Government, not Police Scotland, that will run the scheme.