Chamber and committees

Under powers contained in the Local Government (Scotland) Act 1973, it is for local authorities to consider byelaws as provided for in section 201 of that Act. The Act provides that local authorities ‘… may make byelaws for the good rule and government of the whole or any part of the their area, and for the prevention and suppression of nuisances therein.’ It is entirely a matter for local authorities to consider whether to make byelaws with confirmation of any byelaws a matter for Scottish Ministers.

The Scottish Government is happy to engage with any local authority who wished to consider making any byelaws under the section 201 powers including where such byelaws may relate to XL Bully dogs in public places.

The Scottish Government recognises the benefits of having a single point of access to microchipping data to aid with the identifying and reuniting owners and their pets and Scottish Ministers remain committed to working jointly with other administrations where it is both sensible and logical to do so in the interests of animal welfare.

Officials had discussions with DEFRA and other UK administrations regarding the possibility of a single UK-wide microchipping data base and other possible database reforms when Defra consulted on microchipping in 2022. We have not costed a Scotland-only database as we are seeking a consistent UK approach to database reform.

The Microchipping of Dogs Regulations (Scotland) 2016 requires database operators to provide and share information with persons authorised by Scottish Ministers or a local authority.

It can be noted the new safeguards on XL Bully dogs operate independently of any Dog Control Notices (DCNs) that may have been imposed on individual XL Bully dogs. A dog can both be subject to the safeguards required through being a XL Bully and subject to conditions imposed in a DCN as a result of being assessed as a dog that was previously out of control.

Within this context, the operation of the DCN regime, as set out in the Control of Dogs (Scotland) Act 2010 (“the 2010 Act”), is entirely a matter for local authorities. It would not be appropriate for the Scottish Government to intervene in such operational matters.

The 2010 Act places a duty on local authorities to monitor the effectiveness of and enforce all DCNs issued by local authority appointed officers.

The Scottish Government is committed to keeping the 2010 Act statutory guidance document under review and will work with local authorities and the National Dog Warden Association to consider any specific updates that may be required in light of the introduction of the new safeguards on XL Bully dogs.

In line with the Scottish Government home education guidance , choosing to home educate in itself should not be seen as a child protection concern, and local authorities should not treat it as such. The guidance encourages an annual meeting between home educating families and the local authority to discuss the ongoing education provision for the child, and recommends that the child should be given the opportunity to attend that meeting to express their views, but this is not compulsory.

If, from whatever source, an authority becomes aware of concerns about the home education of any child, outwith the normal contact time, they will need to gather the necessary information in order to form a view on whether those concerns are justified or whether the parents are providing an efficient education suitable to the age, ability and aptitude of the child.

The Scottish Government does not hold information on the number of children and young people who are home educating in Scotland.

I refer the member to the answer to question S6W-25783 on 11 March 2024. All answers to written Parliamentary Questions are available on the Parliament's website, the search facility for which can be found at https://www.parliament.scot/chamber-and-committees/written-questions-and-answers .

In December 2021, our Response to Scotland’s Climate Assembly: Recommendations for Action included the commitment to investigate opportunities for whole life emission reporting.

Following this commitment we engaged with Zero Waste Scotland and some of the UK’s leading embodied carbon experts to scope research which produced the report Regulating Embodied Carbon in Scotland’s Buildings .

National Planning Framework 4 makes clear that reducing greenhouse gas emissions is a cross-cutting outcome of development and includes policy that requires a minimisation of lifecycle greenhouse gas emissions and the use of materials with the lowest forms of embodied emissions, such as recycled and natural construction materials.

We are currently engaging with key organisations and UK counterparts to understand the viability of such action and benefit that can be derived from a requirement to report on the broader environmental impact of new development, including the assertion that this could be addressed through building regulations.

The Dangerous Dogs (Compensation and Exemption Schemes) (Scotland) Order 2024 provides for how the exemption scheme for XL Bully dogs will operate. This includes details on neutering.

The Scottish Government’s policy on neutering was developed and informed through direct engagement with key animal welfare stakeholders.

In order for an XL Bully dog owner to continue to be able to legally own their dog from 1 August 2024 onwards, a valid Certificate of Exemption is required. As a condition of receiving and retaining a valid exemption, the owner of the XL Bully must arrange to have their dog neutered. Male dogs must be castrated and female dogs must be spayed.

For dogs 18 months or older as at 31 July 2024, evidence of neutering having occurred must be provided to the Scottish Government by 31 January 2025.

For dogs younger than 18 months as at 31 July 2024, evidence of neutering having occurred must be provided to the Scottish Government by 31 January 2025 or within one month of the dog reaching the age of 18 months, whichever is later.

This approach for dogs aged younger than 18 months as at 31 July 2024 provides discretion for an owner to ensure their dog is at least 18 months old before being neutered. This reflects guidance on an appropriate age for health reasons as to when XL Bully dogs can safely be neutered.

The Scottish Government does not hold this data centrally, it is up to individual Local Authorities to enforce legislation around non-compliant nicotine vapour products through Local Trading Standards Officers.

To support the enforcement of the legislation around the sale and purchase of Nicotine Vapour Products (vapes), Local Authorities receive an additional £1.34m. Each Local Authority decides how these funds are spent locally.

Officials meet regularly with The Society of Chief Officers of Trading Standards in Scotland (SCOTSS) and receive regular updates on any actions taken by trading standards, including enforcement for a failure to comply with legislation around the sale and purchase of these products.

We also meet regularly with HMRC, who work alongside Border Force to take action to tackle the import of illicit vaping products at the border.

The confirmation standard developed by the UK Government is being used to ensure consistency of approach in Scotland. The details of the confirmation standard are available on the Mygov.scot website: https://www.mygov.scot/xl-bully-dogs

In the first instance, it will be for owners to assess if they own an XL Bully dog. If in doubt, we recommend a precautionary approach by adhering to the new requirements to avoid any possibility of breaching the new legal requirements

The Scottish Government is continuing to engage with Police Scotland, local authorities and animal welfare organisations in relation to the new safeguards and this includes in relation to how XL Bully dogs can be identified.

Where a potential breach of the new legal requirements is prosecuted in court, it will be for the court to determine whether an offence has been committed and that may, in certain circumstances, require evidence relating to whether a dog is in fact an XL Bully dog. While a matter for the independent court, they will use the confirmation standard and may wish to hear as needed expert evidence on the question of identification of a dog as an XL Bully dog in a given case.