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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 5 April 2026
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Displaying 2636 contributions

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Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

In Mr Golden’s response to the committee, which was published on the website yesterday, he indicates that the reasoning for setting out

“The list of information the annual report should contain”

is so that

“sound and robust data on dog thefts is collated and reported on.”

However, it may be considered unnecessary to place an annual reporting requirement on the Scottish Government for something that is considered to be low-level crime and on which we can already obtain statistics from the Crown Office.

Mr Golden’s response notes that the bill also

“includes the provision that the report must set out whether the Scottish Ministers consider whether there should be a statutory offence for the theft of any other animal kept as a pet.”

I am sure that every member has received emails in relation to that.

It would be welcome to get some further information from Mr Golden when he appears before the committee on 21 May as to the reasons for including that provision in the bill.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

The points that Ariane Burgess raises are valuable. I would like the expert advisory group to be able to look at all those issues moving forward.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

No, we have not.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

Jim Wilson can keep me right, but my understanding is that, in preparing a bill, Mr Golden could ask the Sentencing Council whether it would consider preparing guidelines.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

Absolutely.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

Absolutely. 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 a partner or ex-partner where that is likely to cause the victim to suffer physical or psychological harm. Those provisions are not reliant on a specific offence of dog theft, but I appreciate the comments that were raised in the previous evidence session on the bill.

It is of note that, were a defence to be created under the proposed dog theft offence for partners and ex-partners, it would not apply directly to offences under the Domestic Abuse (Scotland) Act 2018. However, the existence of such a defence for dog theft might be argued by the accused as amounting to their behaviour being reasonable, and, as such, would be the defence for a charge brought under the Domestic Abuse (Scotland) Act 2018.

Jim, do you have any further views on what is happening down south, as was raised in the evidence session?

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

Yes, and that has been raised with the cabinet secretary in relation to the Victims, Witnesses, and Justice Reform (Scotland) Bill. I believe that the Criminal Justice Committee completed stage 2 of that bill just before the Easter recess. Jamie Greene lodged amendments in that regard, and the cabinet secretary has agreed to work with him on the matter. I think that it was said that the process will be quite slow and staggered, but that is a matter for the cabinet secretary, because she is working on the matter of victim impact statements with Jamie Greene.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

As I said, it is a very emotive issue for anyone who has a pet, whether it is a dog or any other pet. Having been in my role and had this portfolio for two years, and having extensively gone through dog legislation and the XL bully situation, I am acutely aware of how emotive dog theft and having to go through things that have happened in the past couple of years has been for families with dogs. So, yes, we consider and take cognisance of the impact.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

Yes. Everything is under consideration. We will not say no.

Rural Affairs and Islands Committee

Dog Theft (Scotland) Bill: Stage 1

Meeting date: 23 April 2025

Siobhian Brown

That section of the bill proposes that dog theft becomes a prescribed offence and that any court that the case is heard in is deemed to be a prescribed court. I know that that was raised in the previous evidence session on the bill, but victim impact statements are not currently available in any summary court case. At that evidence session, Laura Buchan also informed the committee that the victim impact statement scheme currently relates only to solemn cases, which means cases that are prosecuted in the sheriff and jury courts or in the High Court. The scheme also does not apply to all solemn cases; it currently includes only those cases that involve violence, sexual offences and housebreaking.

The consultation on the bill did not ask any specific questions about allowing victims to make statements about the effect of the crime or of their going to court. Although I note Mr Golden’s comments in his letter, the Scottish Government considers that it requires further information from Mr Golden on why that would be an appropriate approach, including on how that would fit with the existing approaches to the use of such statements in the criminal justice system.