Chamber and committees

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.

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.

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.

Consumer protection awards are not a matter for the Scottish Government. Consumer assurance in relation to food produced and packaged in Scotland comes from the comprehensive system of food law we have in Scotland that all food businesses must comply with, which covers food and feed safety, food standards and labelling, and any claims related to health or provenance. Compliance with food law is verified through food business inspections and routine sampling and monitoring of food products placed on the market.

a) Estimates of the number of adult and young carers in Scotland are produced using the Scottish Government’s Scottish Health Survey and the National Records of Scotland mid-year population estimates , as detailed in the most recent publication of unpaid carer estimates .

The Scottish Health Survey asks respondents whether they provide any regular help or unpaid care for any sick, disabled or frail person. The percentage of respondents who indicate that they provide care is then applied to the relevant mid-year population estimates for Scotland, to provide an estimate of the number of people providing unpaid care. As the Scottish Health Survey samples children aged 4 and over, this provides an estimate for adult carers by using the percentage of people over the age of 18 providing care and for young carers by using the percentage of people under the age of 18 providing care.

b) Different surveys will give different percentages of those providing care. For instance, the Scottish Survey Core Questions (SSCQ), which pools samples from the Scottish Health Survey, the Scottish Household Survey and the Scottish Crime and Justice Survey, tends to give a higher percentage than the Scottish Health Survey alone which in turn, would lead to a higher estimate of unpaid carers aged 16+.

However, the Scottish Health Survey is the only one of these surveys to sample people under the age of 16, which allows us to produce estimates for both adult carers and young carers. It also includes further questions specifically for carers which allows for more detailed analysis.

We have invested over £2m within this parliamentary term to deliver the Framework for Pain Management Service Delivery which looks to reduce the impact of chronic pain, including fibromyalgia, on quality of life and wellbeing and improve information, care and services for people in Scotland.

In 2022-23, as part of Section 10 of the Social Work (Scotland) Act 1968, the Scottish Government provided grant funding of £7,920 to Pain Concern and Flippin’ Pain to host an online awareness raising event for people in Scotland living with fibromyalgia. The event was also open to healthcare staff.

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.

All frontline staff have monthly call reviews and one-to-one meetings with their line manager, real time clinical supervision and coaching with debrief sessions at the end of each shift. This is in addition to mandatory e-learning and personal development plans.

Scottish Government are not aware of any local authority that is considering establishing such bonds.

A local authority's capital financing and investment arrangements are a matter for the authority. Whilst we would expect councils to engage appropriate specialist expertise to assist them with their capital financing and investment plans, the Scottish Government would be happy to support any council considering innovative capital financing and investment propositions for the good of their local communities.

We are aware that many third sector organisations issue three-month notices to staff that are funded through grants to inform them that they are at risk of redundancy should funding not continue.

In recognition of the impact that this can have, grant managers across the Scottish Government aim to inform organisations of funding arrangements as early as possible and, ideally, before the end of calendar year to avoid the need for redundancy notices.

Regrettably, the late timing of the UK Government Autumn Statement and the catastrophic cuts to Scotland’s block-grant have caused unavoidable delays in finalising budgets for 24-25. As a result we have been, as yet, unable to notify many third sector organisations of their future funding.

In line with our Fairer Funding commitments, we are working to do so as soon as soon as is practically possible and before the end of March 2024 for funding that starts on 1 April. Grant managers are engaging with organisations to provide as much support and assurance as possible.