Chamber and committees

A non-harassment order can be made in certain circumstances by a criminal court or civil court. The criminal or civil court can make a non-harassment order that runs for an indefinite period of time if it considers that to be appropriate. A person can apply for an exclusion order from a civil court to exclude from the family home their spouse or civil partner or, in certain circumstances, their cohabiting partner. Those orders end automatically in certain circumstances, such as when a couple divorce. Anyone who remains at risk of abuse or harassment after an exclusion order or a non-harassment order ends could apply to the civil court for a further non-harassment order or an interdict.

Non-harassment orders are intended to provide a means of ensuring that on-going harassment can be prevented. They can be especially important in protecting victims from on-going abuse by a partner or ex-partner who has been convicted of a domestic abuse offence, particularly if there are long-term coercive or controlling behaviours. However, discretion lies with the court in each individual case to determine whether to impose an NHO.

The Scottish Government recognises the significant disruption and harm to businesses and individuals from retail crime and continues to support the innovative Scottish partnership against acquisitive crime—SPAACE—strategy.

Police Scotland leads the partnership, working with retailers and other organisations including Retailers Against Crime and Neighbourhood Watch Scotland. The focus is on prevention, deterrence and, where appropriate, enforcement. The strategy seeks to minimise opportunities for that type of crime, to protect individuals and businesses, and to deliver clear advice and guidance on prevention.

I urge all retailers to continue to engage with Police Scotland and other partners to help safeguard their business and the people who work there.

We recognise the vital role that retail workers play in our society and we want to ensure that they are protected. Workers across all sectors should be safe at work and should never have to experience abuse or violence when simply doing their job.

The Protection of Workers (Retail and Age-restricted Goods and Services) (Scotland) Act 2020, which came into force in August 2021, created a statutory offence of threatening, abusing or assaulting a retail worker, ensuring that the seriousness of that behaviour is highlighted through a specific offence. From August 2021 to March 2023, 543 charges that were brought under the act led to a conviction in criminal court.

Although there has been a long-term reduction in levels of recorded non-sexual violence—25 per cent between 2006-07 and 2022-23—along with its partners, the Scottish Government is continuing to implement the violence prevention framework. That is backed by £2 million-worth of investment this year to fund a range of activities that will help to prevent and divert people away from violence.

Our current legal aid funding arrangement ensures that around 70 per cent of people are eligible for a form of civil legal aid in Scotland. Means testing remains an important lever to ensure that we retain the wide scope of cases for which legal aid is available in principle. We have invested significant funding in front-line services, and we work closely with statutory agencies to improve their response to victims and survivors. We also provide support to the Scottish Women’s Rights Centre.

The Scottish Government is concerned to hear reports of XL bully dogs being moved to Scotland for rehoming. I have made it clear to the United Kingdom Government that there should be no impact on Scotland as a consequence of the policy that has been implemented. The UK Government’s response said that if an XL bully owner from England or Wales travelled to Scotland and sold or otherwise transferred or abandoned the dog to someone in Scotland, it is unlikely that that would be an offence.

The criminal law should provide clarity on whether an offence has been committed. The unintended consequence of the UK Government’s policy is that we are now seeing an influx of XL bully dogs to Scotland. It is important to ensure that Scotland does not become a safe haven or a dumping ground for XL bully dogs from England and Wales.

I confirm to Jamie Greene and the Parliament that, in the light of recent events, ministers are urgently reviewing the policy on XL bully dogs. Public safety will be paramount in our deliberations, and Parliament will be updated on a timetable for any policy change imminently.

Whereas the UK Government announced its decision to ban this dog breed with no advance notice or consultation—

As I have said, urgent consideration is being given to the matter. I would say to any dog owner that they will need to understand the effect of any possible ban that is introduced in Scotland. At this time, any purchase of an XL bully dog would be made in a context that may suggest that it would be preferable not to acquire such a dog at the present time in Scotland.

No new breed type has been banned in the list for more than 30 years, and it is important to listen carefully to the views of dog control experts in order to inform our policy approach in the area. As I said in my first answer, the matter is under urgent review and the Parliament will be told about any policy change imminently.

A working group has been considering current legislation. I understand that the Welfare of Dogs (Scotland) Bill that has been introduced by Christine Grahame aims to highlight and raise awareness of responsible dog ownership—which, I think, we can all support. The Government welcomes any proposals that seek to improve animal welfare, and I look forward to working with Ms Grahame on the bill.