Chamber and committees

The two main pieces of legislation in relation to dog control are the Dangerous Dogs Act 1991 (“the 1991 Act”) and the Control of Dogs (Scotland) Act 2010 (“the 2010 Act”). The 1991 Act provides for criminal law measures for dog owners and persons in charge of dogs, where a dog is ‘dangerously out of control’. The 2010 Act provides for a civil regime in respect of dog owners who allow their dogs to be ‘out of control’.

The law is clear that dog owners are responsible for the actions of their dog. For example, if an owner does not control their dog they can be given a Dog Control Notice (DCN) by a local authority dog warden. If a more serious incident occurs, consideration can be given to prosecution for having a dog that is dangerously out of control under the 1991 Act.

Further detailed information on the 2010 Act can be found at: https://www.gov.scot/publications/updated-guidance-control-dogs-scotland-act-2010/

A Scottish Government led Short Life Working Group was established in 2022 to review the 1991 Act. The working group has undertaken its review with a wide range of views offered. The Scottish Government will use this review to help determine what may be appropriate as next steps.

In addition, legislative action has been taken to encourage greater responsibility from dog owners around livestock.

The Scottish Government supported the introduction of the Dogs (Protection of Livestock) (Amendment) (Scotland) Bill, which gained Royal Assent on 5 May 2021 and came into force on 5 November 2021, as being in accordance with the advice on responsible behaviour for people walking dogs contained in the Scottish Outdoor Access Code.

Under this law owners of dogs that attack or worry livestock can be fined up to £40,000 or face a prison sentence of up to 12 months.

From April 2021 to the end of September 2023, the Heat in Buildings Programme has spent £340m, with an additional estimated spend of £163m over the remainder of this financial year.

• The programme forecasts are showing an increased demand that supports a continuing increase in capital support across the range of schemes offered by the HiBs programme. Final outturn will be based on actual demand for schemes and final budget allocations for 24-25 and beyond.
• We are continuing to make long term commitments to funding – for example, we have recently re-procured the Warmer Homes Scotland successor scheme at a contract value of £700 million over the next 5 years.

The vast majority of dog owners are responsible people who take good care of their animals and enjoy the widespread benefits of dog ownership and companionship.

Where a dog owner is issued with a dog control notice (DCN) under the terms of the Control of Dogs (Scotland) Act 2010 ("the 2010 Act"), conditions are included with the DCN. While a matter for local authorities, the 2010 Act recognises that training for dogs and owners is important and as such includes a requirement to attend and complete a course of training in the control of dogs as a suggested condition that can be included in a DCN. This proportionate approach focuses on those owners who have allowed their dogs to be out of control.

More generally, the Scottish Government previously carried out a digital marketing campaign on dog control with the Scottish SPCA. This campaign has been re-run on Facebook, Twitter and Instagram on a number of occasions, and directs the public to information about ‘The law on controlling your dog’ on the mygov.scot website at: https://www.mygov.scot/controlling-your-dog

This website makes clear that dog owners are responsible for the actions of their dog, and also provides links to websites for organisations such as the Scottish SPCA that contain advice and assistance on issues such as dog training.

The Scottish Government would encourage all dog owners to seek advice and assistance from reputable organisations such as the Scottish SPCA and the Dogs Trust if they require assistance with their dog/dog training.

The Scottish Government is also embarking of a number of regional engagements to help consider what more can be done by enforcers and other key stakeholders to collectively consider what else can be achieved to strengthen enforcement and help prevent and reduce the risk of dog incidents.

Young people who have been supported and supervised under the children’s hearings system are not dealt with as ‘offenders’, as would be the case in the criminal justice system. There is no retributive focus for decision-makers in the children’s hearings system. Once a compulsory supervision order (CSO) has ended or been discharged, then the implementation authority has duties regarding the necessary aftercare arrangements. Section 7 of the Children (Care and Justice) (Scotland) Bill would, if passed, amend the Children’s Hearings (Scotland) Act 2011 to enable a children’s hearing on reviewing a CSO, to consider whether after the CSO is to come to an end, the child might still need supervision or guidance after the child turns 18. In that case, the relevant local authority's duty to provide the child with that supervision or guidance continues to have effect after the child turns 18 until they turn 19. 60% of over 100 respondents to the Bill consultation in 2022 supported this. By this point, there would be no compulsion or obligation to accept offers of support. Rather, the young person may benefit from, and wish, voluntary advice, guidance and assistance as they transition to adulthood.

In accordance with the Sewel Convention and in line with Rule 9B of Standing Orders, the UK Parliament should not legislate with regard to devolved matters – that is on matters within the legislative competence of the Parliament, or which change the competence of the Parliament or the Scottish Ministers – without the consent of the Scottish Parliament.

Within the legislative programme announced by the UK Government, Bills which appear to give rise to the requirement for the legislative consent of the Scottish Parliament are:

• Animal Welfare (Livestock Export) Bill
• Automated Vehicles Bill
• Comprehensive and Progressive Agreement for Trans-Pacific Partnership Bill
• Criminal Justice Bill
• Investigatory Powers (Amendment) Bill
• Tobacco and Vapes Bill
• Data Protection and Digital Information Bill (carried over) – legislative consent memorandum already lodged
• Economic Activities of Public Bodies (Overseas Matters) Bill (carried over) – legislative consent memorandum already lodged.

In addition, the following Bills extend to Scotland. The Scottish Government will consider the need for legislative consent when the text of these bills is available, but we do not currently expect they will generate a requirement for a legislative consent motion.

• Media Bill
• Terrorism (Protection of Premises) Bill
• Offshore Petroleum Licensing Bill
• Digital Markets, Competition and Consumers Bill
• Victims and Prisoners Bill (majority of provisions apply to England and Wales)

The Scottish Government will consider the content of all Bills before making its recommendation to the Parliament on legislative consent. It will then be for the Scottish Parliament to determine whether to give or withhold consent.

It is possible that legislative consent may be required for other UK Bills and those will be drawn to the attention of the Parliament as they arise.

I last met with the COSLA Culture Conveners group on 21 September 2023.

During this meeting we discussed ways in which we can collaborate to progress our shared priorities for culture in Scotland.

The next meeting of the Culture Conveners, which I will attend, is scheduled to take place in early 2024.

The Scottish Government’s policy towards spending by local authorities is to allow them the financial freedom to operate independently. As such, most funding is provided by means of a block grant.

Local authorities are responsible for managing their own budgets and allocating the total financial resources available to them, on the basis of local needs and priorities, which includes the needs of care experienced children and young people; having first fulfilled their statutory obligations and the jointly agreed set of national and local priorities.

The Scottish Government recognises the financial challenges that local government are facing and that local authorities and their employees play a crucial role in our communities. In the most challenging budget settlement from the UK Government since devolution, the Scottish Government is providing nearly £13.5 billion in the 2023-24 Local Government Settlement. Since the flat-cash position set out in the 2022 Resource Spending Review, the Scottish Government listened to local authorities and has already increased the resources available to Local Government this year by over £793 million.

Funding is also provided to local authorities through targeted initiatives. For example, the Care Experienced Children and Young People Fund has provided £60m to local authorities to help support the attainment and wellbeing of care experienced children and young people. The funding benefits a wide group, with care experienced children and young people from birth to the age of 26 being eligible for support through the fund.

The Scottish Government is currently considering the support offer available to care experienced children and young people, and to young people moving on from care into adulthood. Work is progressing to engage with delivery partners to understand how we can better target holistic support for the care experienced population to help improve outcomes and empower children, young people and families to thrive.

The additional £8.55 billion of UK Government funding for CRSTS2 relates to financial years 2027-28 to 2031-32.

This funding will form part of the Department for Transport’s (DfT) future budget allocation. The Scottish Government will receive additional Barnett funding as part of its block grant based on any increase in the DfT’s total budget for the relevant financial years in accordance with the Statement of Funding Policy.

This funding announcement falls into the next UK Government Spending Review period and confirmation of funding levels for the Scottish Government will only be confirmed once the Spending Review has concluded.

This is an operational matter for ScotRail, noting that in 2016 any agreement was with the private company, Abellio ScotRail, but ScotRail is now operated by a new, publicly owned company.

Transport Scotland is responsible for the management and maintenance of the strategic trunk road network including motorways, which is delivered through our operating company contracts. There are no single track trunk roads in Scotland.

Local authorities have a duty under the Roads (Scotland) Act 1984 to manage and maintain local roads in their area. Each local authority will be best placed to advise how many miles of single track A roads are in their area.