Chamber and committees

I do not have details for how many prosecutions there have been—perhaps I could write to the member on that.

I engage quite frequently with retailers, who raised the issue with me prior to the introduction of the ban on single-use vapes in June. The Scottish Government is committed, through the new deal for business, to meet regularly the regulatory review group on the Tobacco and Vapes Bill. We will ensure that any impact of the proposals on business is fully understood and that policy implementation is effective and proportionate while delivering the beneficial outcomes for population health that are sought.

We remain committed to working collaboratively with local authorities and Police Scotland through the road safety framework strategic partnership board. Earlier this year, I met several members of the Scottish Parliament to discuss concerns, which led to a summer safety awareness campaign.

Enforcement is a matter for Police Scotland, whose local teams are best placed to identify misuse and prevent future incidents. It is undertaking initiatives, including work with delivery companies.

Police funding has increased to a record £1.62 billion this year. We will continue to engage with the United Kingdom Government, which holds reserved powers over off-road vehicles, including licensing and regulation.

I hope that the member appreciates that ministers have met members several times this year to tackle the issue. The issue is not being ignored. Police Scotland has a record £1.64 billion in its budget this year. As I said to Mr Doris, Police Scotland is doing on-going work on the confiscation of vehicles, and I hope that we will be able to update you at the next meeting.

The Scottish Government continues to work closely with stakeholders to support victims and survivors of domestic abuse to get the support that they need. In addition to the current judicare system, under which all eligible costs are met, we provide grant funding to the Scottish Women’s Rights Centre of £230,000 a year. We also fund public legal services through the Civil Legal Assistance Office and the Public Defence Solicitors Office, which can operate across a wide geographical area.

We are actively reviewing the legal aid framework to ensure that it is fair, accessible and responsive to the needs of vulnerable individuals.

As the member is probably aware, domestic abuse organisations are not allowed by law or regulation to hire lawyers to support women and children. However, the Regulation of Legal Services (Scotland) Act 2025, which was passed in May and which the member and the Conservatives did not support, will remove restrictions preventing charities, law centres and citizens advice bodies from directly employing solicitors to provide certain types of legal aid to some of the country’s most vulnerable citizens.

In addition, the legislation will ensure that third sector organisations can directly employ legal professionals to undertake reserved legal services, such as those in cases involving domestic abuse.

A range of age-restricted products exists in Scotland, with legislation specific to each of them.

In relation to tobacco and vapes, local authorities have powers to issue fixed-penalty notices to retailers and individuals who commit offences relating to the age of sale. Where premises are subject to more than three enforcement actions in a two-year period, the local authority may apply to court for an order banning the sale of tobacco and vaping products from those premises for up to 24 months.

Last year, trading standards officers with young volunteers attempted 662 test purchases of vapes and 251 test purchases of tobacco at premises across the whole of Scotland. In the 2024-25 financial year, 56 fixed-penalty notices issues were issued for tobacco products and 217 for nicotine vapour products.

The Scottish Parliament gave unanimous consent to the UK-wide Tobacco and Vapes Bill in May, and I am pleased that the bill is expected to complete its passage within the current UK parliamentary session.

New powers in the bill will empower the secretary of state to regulate product features, packaging ingredients and flavourings of vapes in Scotland with the consent of the Scottish ministers. It will also introduce new restrictions on the advertising, sponsorship, free distribution and nominal pricing of vapes across the UK’s four nations. I hope that that will help to prevent underage consumers from being targeted.

I will be happy—I am sure that Jim Fairlie will be, too—to meet members to keep the conversation alive.

We support Police Scotland and its partners in dealing with the misuse of vehicles. Across Scotland, police have seized 816 e-bikes and scooters in the past year, mainly on account of the rider having no licence or insurance. As I said, enforcement is a matter for Police Scotland, and local policing teams are best placed to identify misuse and work to prevent future incidents.

The road policing function of Police Scotland is leading on the development of new guidance on the organisation’s approach to the returning of confiscated vehicles. I am keen to work with all interested MSPs to determine potential opportunities for further Government action, including approaches to the UK Government.

We are a nation of animal lovers, and many of our households have or look after animals. Whether it is a goldfish or a horse, animals play a major role in our lives. Many of us do not even stop to think about patting a dog or a cat as they walk past us.

However, it is dogs that go back the longest in our history. They are thought to be among the first animals that humans domesticated and brought into our lives and our homes. It is estimated that early domestication took place between 10,000 and 30,000 years ago. Dogs are now members of just under 30 per cent of households in Scotland.

I think that, given the content of members’ speeches today, we can all agree that dogs play a major role in the lives of our families and households, as well as in wider society, and that they are very much loved. We can also agree that there is much support for the bill.

However, as the debate has also indicated, there are still important matters to be considered and I have to be clear about the Scottish Government’s position. I have listened carefully to members’ speeches and the issues that they have raised, and I am sure that Mr Golden will reflect on them ahead of stage 2, as will the Scottish Government.

I will comment on some of the issues that have been raised. Rhoda Grant asked about awareness raising. The Scottish Government will work with the member to publicise and raise awareness of the dog theft offence, should it become law. As I made clear to Mr Golden when I met him recently, the Scottish Government already has links with a wide range of stakeholders that have a strong interest in dog control and dog welfare policy matters. When I appeared before the committee, I spoke about the expert advisory group; it is now up and running and doing some great work. I hope to update the Parliament about that shortly, and I would be happy to get the group involved with awareness raising.

I come to Elena Whitham’s comments about domestic abuse, and my response will also cover a bit of what Rhoda Grant mentioned. The issue was raised when I was before the committee. We know that the Domestic Abuse (Scotland) Act 2018 created the offence of engaging in a course of abusive behaviour against a partner or ex-partner, including behaviour that is directed towards pets or the removal of a pet from the partner or ex-partner when it is likely to cause the victim to suffer physical or psychological harm. Those provisions do not rely on the need for a specific offence of dog theft.

Looking at the relationship defence, I note that the views were offered in the absence of a specific recommendation in the committee report. Given that common-law theft will continue to apply and can be used where necessary in situations in which the relationship defence might arise, we do not have a view on whether the relationship defence is appropriate. Prosecutors could still continue to ensure that dog theft can be addressed using common-law powers or theft in any given relevant case.

I am happy to take that away and meet the member to discuss the issue further. It might be something that the expert advisory group could look at; perhaps we could raise the issue with the group and take it from there. I am happy to take that idea away and consider it.

As I appreciate that all of our pets are loved, I now move on to the topic of cat theft. The common-law offence of theft offers robust protection, including for pets, with a maximum penalty that goes all the way up to a life sentence for cases that are tried in the High Court. I listened to what Finlay Carson said about the evidence that the committee took regarding opening the bill up to other pets. A number of members have made valid points about the consolidation of legislation. We are all aware that we do not have any time in this session of Parliament due to the amount of legislation that we are trying to pass during the next several months, but I definitely think that that should be dealt with in the next session.

I turn to the request for the definition of “assistance dog” to be widened. I understand that the SSPCA previously provided the Rural Affairs and Islands Committee with a research paper on defining the terms that are used for animals working in support roles. I am aware that the committee had concerns about the definition of assistance dogs. In particular, the issue might be that not all dogs that provide assistance and support for their owners would be covered.

Although the bill includes an enabling power that allows for changes to the definition, that would create an issue for the Scottish Government to address further down the line. I had a conversation with Maurice Golden last week and welcome his commitment to lodge amendments at stage 2 to ensure that appropriate coverage is achieved for the aggravation so that it includes dogs that provide assistance to support their owners. That is a necessary part of the Scottish Government’s support for the bill and I ask Maurice Golden when closing the debate to provide confirmation that he will take that action.

Dogs are vital and much-loved members of our families. If they are lost in any way, including as a result of theft, that brings grief to their owners and leaves a hole in those families. I hope that, by supporting the new dog theft offence, I am showing that the Scottish Government takes the issue seriously. If Parliament agrees today to the general principles of the bill, I look forward to working with Mr Golden at stage 2 to ensure that amendments are made so that the Scottish Government can continue its support for the bill to stage 3.