Chamber and committees

Questions and answers

Parliamentary questions can be asked by any MSP to the Scottish Government or the Scottish Parliamentary Corporate Body. The questions provide a means for MSPs to get factual and statistical information.

Written questions must be answered within 10 working days (20 working days during recess)
Other questions such as Topical, Portfolio, General and First Minister's Question Times are taken in the Chamber

Urgent Questions aren't included in the Question and Answers search. There is a SPICe fact sheet listing Urgent and emergency questions.

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Question reference: S6W-24483

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Friday, 12 January 2024
Current Status: Answered by Siobhian Brown on 24 January 2024

To ask the Scottish Government, in light of the introduction in England and Wales of restrictions on XL bully dogs, and the First Minister’s announcement on 11 January 2024 that it will, in essence, replicate in Scotland the legislation that exists in England and Wales on XL bully dogs, when any scheme will be operational in Scotland; whether it will be part of the UK-wide scheme or standalone; who will be responsible for maintaining a register of ownership, and what discussions it has had with potential keepers of a register about whether such a register will be made publicly available.

Replicating the approach taken in England and Wales, it will be possible for owners of XL Bully dogs to retain their dogs by applying for an exemption. Details of how this can be done will be published as the scheme is launched and practical and helpful support will be provided by the Scottish Government for XL Bully dog owners.

The effect of an exemption being granted will be that an XL Bully dog will be added to the already operating index of exempt dogs. This index has operated since the 1990s and it is operated on a day-to-day basis by the UK Government for Scotland (this reflects the fact that the exemption index was established prior to devolution). There are currently no plans to change how the index operates.

Making the index publicly available would require consideration of a number of issues including data protection. The Scottish Government would be happy to raise this issue with the operator of the index as part of the process of delivering the new XL Bully dogs safeguards in Scotland.

Question reference: S6W-24486

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Friday, 12 January 2024
Current Status: Answered by Siobhian Brown on 24 January 2024

To ask the Scottish Government, in light of the XL bully dog breed having been added to the list of dogs banned under the Dangerous Dogs Act 1991, what evidence it is aware of that adding a dog breed to this list has reduced dog attacks, and whether it will provide details of all dog attacks reported in Scotland since January 2004 to date, including (a) whether any resulted in a fatality and (b) the breed or cross breed of the dog(s) involved.

In light of the UK Government failing to ensure English and Welsh XL Bully dog owners cannot evade the new safeguards through selling or otherwise disposing of their dogs in Scotland, the Scottish Government has been left with little choice to decide to replicate the new safeguards in Scotland. Through replicating the new regime, this will ensure owners have no ability to evade the new controls.

More generally on the effectiveness of breed specific legislation, there is no central database within Scotland or the UK that provides available data on breakdown by breed or crossbreed dogs, involved in dog attacks.

However, National Records Scotland collects data in relation to ‘Deaths from being bitten or struck by a dog in Scotland’. There have been three deaths from being bitten or struck by a dog in Scotland between 2004 and 2022. Information for 2023 is not yet available. Data on the breed or type of dogs involved is not recorded.

In addition, Public Health Scotland collects data on the number of inpatient and day case admissions to hospital where a diagnosis of dog attack (bite or strike) was recorded. The available data from 2004 to 2022 is included in the following table:

Calendar year	Admissions
2004	340
2005	399
2006	431
2007	421
2008	492
2009	501
2010	487
2011	559
2012	608
2013	598
2014	676
2015	706
2016	776
2017	765
2018	834
2019	905
2020	765
2021	854
2022	933

These figures are based solely on admissions to hospital for acute care as an inpatient or day case. Care should be taken when interpreting these figures as dog attacks can be treated also in other healthcare settings which are not included here, such as accident and emergency department, out of hours, outpatient or general practice services.

Question reference: S6W-24489

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Friday, 12 January 2024
Current Status: Answered by Siobhian Brown on 24 January 2024

To ask the Scottish Government for what reason it has not yet established a publicly accessible national database of dog control notices under the Control of Dogs (Scotland) Act 2010, which would allow the tracking of dogs Scotland-wide whose behaviour gives cause for concern.

The Scottish Government introduced a national dog control notice database in February 2022 which is helping local authorities and Police Scotland access information on dog owners where notices have been issued.

The national database brought together the dog control notice records of all local authorities into a centralised database that is accessible by all 32 local authorities and Police Scotland.

Where a person subject to a dog control notice moves from one local authority to another, the national database is a valuable tool in helping to enforce that notice.

The 2010 Act already allows for and requires local authorities to co-operate with the police and other local authorities in all matters relating to the control of dogs arising under or by virtue of this Act, the Dogs Act 1906 or the Dangerous Dogs Act 1991. It is for local authorities to assess how and when information can be shared more widely and in so doing, local authorities will carefully consider data protection under GDPR.

Question reference: S6W-24481

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Friday, 12 January 2024
Current Status: Answered by Siobhian Brown on 24 January 2024

To ask the Scottish Government what it considers to be the defined characteristics of an XL bully dog.

Question reference: S6W-24487

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Friday, 12 January 2024
Current Status: Answered by Siobhian Brown on 24 January 2024

To ask the Scottish Government, in light of the First Minister’s announcement on 11 January 2024 that it will, in essence, replicate in Scotland the legislation that exists in England and Wales on XL bully dogs, what discussions it has had with the British Veterinary Association (BVA) Scottish Branch regarding any impact on the profession of implementing any such regulations.

Question reference: S6W-24490

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Friday, 12 January 2024
Current Status: Answered by Gillian Martin on 22 January 2024

To ask the Scottish Government whether it will increase the penalties that can be imposed on (a) breeders who are found to be breeding dogs to be aggressive and (b) owners who are found to knowingly fail to keep their dog(s) under control.

Dog breeding is regulated under the Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021. The penalties for offences committed under these regulations were increased in 2020 when the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 came into effect. The changes introduced increased the maximum period of imprisonment from 6 to 12 months and the maximum fine from level 5 (£5,000) on the standard scale to a maximum of £40,000. Given this recent increase in penalties, the Scottish Government has no plans at this time for further revisions.

The Scottish Government will however 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.

Question reference: S6W-24492

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Friday, 12 January 2024
Current Status: Answered by Gillian Martin on 22 January 2024

To ask the Scottish Government whether it will support the principles of the Welfare of Dogs (Scotland) Bill to introduce a code of practice specifically aimed at prospective owners of dogs, which would place various duties on them to increase responsible ownership by educating and requiring them to sign a certificate that they and the breeder have understood and complied with the code.

Question reference: S6O-03005

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 17 January 2024
Current Status: Taken in the Chamber on 24 January 2024

To ask the Scottish Government what research it has undertaken on the impact of changing demographics on NHS services.

Question reference: S6O-02968

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 10 January 2024
Current Status: Taken in the Chamber on 17 January 2024

To ask the Scottish Government what discussions it has had with the UK Government regarding the potential future devolution of Vehicle Excise Duty.

Question reference: S6O-02853

Current Status: Withdrawn