Subordinate Legislation Committee, 06 Oct 2009

Meeting date: Tuesday, October 6, 2009

Official Report 134KB pdf

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Control of Dogs (Scotland) Bill: Stage 1

Item 2 is our second consideration of the Control of Dogs (Scotland) Bill. We have received a response from the member in charge, Christine Grahame, to the two questions that we raised at our meeting of 15 September. Today we will conclude our consideration of the bill at stage 1.

On section 2, "Content of dog control notice", the committee sought clarification of section 2(7), on powers to amend content of the dog control notice, including requirements and examples of steps to be taken. Are members content to welcome the confirmation provided by Christine Grahame to the effect that the intention of the power set out in section 2(7)(a) is not to allow the Scottish ministers to remove a requirement set out in section 2(1)?

Members indicated agreement.

Should we, however, indicate that there remains doubt about whether the power could be used to remove a requirement in section 2(1) and recommend that the member in charge lodges appropriate amendments at stage 2 to place matters beyond doubt?

Members indicated agreement.

On section 8, "Scottish dog control database", the committee sought clarification of the power to make provision for the establishment, maintenance, operation, management and control of the database and the appointment of a database operator. Does the committee agree to welcome the terms of the reply that Christine Grahame has provided in relation to that power and her statement that it is not considered that the power in section 8(1) could be used to make provision as to the effect of the database and inclusion in it, and that any such provision would be beyond the vires of the power?

Members indicated agreement.

Do members agree to bring the matter to the attention of the lead committee, which may choose to pursue it when taking evidence from the member in charge?

Members indicated agreement.