Chamber and committees

The Consolidated Accounts are published annually and include a Performance Report which includes a Performance Overview and Performance Analysis, with high level financial information split by portfolio. The Consolidated Accounts for the years noted can be found at the following links:

The Scottish Government Consolidated Accounts for the year ended 31 March 2022 (www.gov.scot)

The Scottish Government Consolidated Accounts for the year ended 31 March 2023 (www.gov.scot)

I receive regular performance delivery updates on the three Policy Prospectus missions of equality, opportunity and community. I also engage regularly with Cabinet Secretaries to support strong collaboration across portfolios and budgets and enable effective delivery of Mandate Letter commitments. These arrangements are routinely reviewed and improved where appropriate.

The statutory review of the National Performance Framework National Outcomes is underway and reporting on progress towards the National Outcomes will continue to be delivered via the NPF website nationalperformance.gov.scot

The Scottish Government does not hold this information.

Rapid Cancer Diagnostic Services (RCDSs) are a fast-track diagnostic pathway for patients who present with non-specific symptoms suspicious of cancer – brain cancers don’t tend to present in this way.

The University of Strathclyde published a report, reflecting on two years of the RCDSs running, on Thursday 29 th February, highlighting the cancer types being detected by the model, with lung and HPB cancers most common, as expected.

Meanwhile, work continues with PHS to establish a national data collection for RCDSs.

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.

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.

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 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.

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.

Once there is agreement between the patient and her clinicians that removal surgery is the best course of treatment, the decision on where that treatment is carried out, whether it is by the NHS or an independent provider, rests with the patient.

Both NHS Greater Glasgow and NHS National Services Scotland, National Services Division will provide information and assistance to women in whom surgery is being recommended as part of their treatment plan and where they wish to explore alternative options. It is made clear that women can choose to have surgery elsewhere and there is information provided, both online and in hard-copy, about choosing mesh removal surgery with one of the independent surgeons.

It is normal practice to record the content and outcome of any discussion taking place within the contemporaneous, confidential patient record. This includes a note of which leaflets have been provided as part of these discussions.

Government officials have been engaging closely with Trading Standards to receive their feedback on the draft legislation for the proposed ban on single-use vapes. Officials are carrying out a Business and Regulatory Impact Assessment to understand the potential impacts including costs on businesses and public bodies.

On raising the age of sale for tobacco, a UK-wide impact assessment has been undertaken which considers the costs of enforcement for local authorities. We engage regularly with the Society of Chief Officers of Trading Standards in Scotland (SCOTSS) on the enforcement of existing legislation and will continue to engage with them through implementation of the Bill.

A ministerial statement on the smoke free generation and tackling youth vaping policy measures will take place following the introduction of legislation to UK Parliament.