Chamber and committees

I wrote to the then UK Government Minister for Biosecurity, Marine and Rural Affairs, The Rt Hon Lord Benyon, on 14 November 2023 seeking clarity from the UK Government on whether XL Bully dog owners would be committing the offence of sale of an XL Bully dog if a dog owner living in England and Wales sought to do that outside of England and Wales.

The UK Government were unable to give a definitive answer indicating it would be ‘unlikely’ an offence would be committed in such a situation.

In light of the UK Government failing to ensure English and Welsh XL Bully dog owners cannot evade the new safeguards through selling or otherwise disposing of their dogs in Scotland, the Scottish Government has been left with little choice to decide to replicate the new safeguards in Scotland. Through replicating the new regime, this will ensure owners in England and Wales have no ability to evade the new controls in England and Wales by selling their dogs to people in Scotland.

More generally, we are considering how best the preventative dog control regime in the Control of Dogs (Scotland) Act 2010 could be improved. The need for the new safeguards for XL Bully dogs specifically arises separately from the general Scottish Government continuing policy focus on ‘deed, not breed’.

The British Veterinary Association are members of the Dog Control Coalition and I met with members of Dog Control Coalition on 22 November 2023. This was prior to the Scottish Government announcement on 11 January 2024.

During the meeting, concerns were expressed about the introduction of the new safeguards in England and Wales including the impact this may have on the veterinary profession.

Replicating the approach taken in England and Wales, it will be possible for owners of XL Bully dogs to retain their dogs by applying for an exemption. Details of how this can be done will be published as the scheme is launched and practical and helpful support will be provided by the Scottish Government for XL Bully dog owners.

The effect of an exemption being granted will be that an XL Bully dog will be added to the already operating index of exempt dogs. This index has operated since the 1990s and it is operated on a day-to-day basis by the UK Government for Scotland (this reflects the fact that the exemption index was established prior to devolution). There are currently no plans to change how the index operates.

Making the index publicly available would require consideration of a number of issues including data protection. The Scottish Government would be happy to raise this issue with the operator of the index as part of the process of delivering the new XL Bully dogs safeguards in Scotland.

I refer the member to the answer to question S6W-24485 on 24 January 2023. 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 .

The number of XL Bully dogs in the UK and Scotland is unknown and estimates vary significantly.

During the House of Commons scrutiny of the new safeguards in England and Wales, many expert witnesses highlighted the challenges of estimating numbers as XL Bully dogs are not a recognised breed of dog. Those witnesses were concerned about how many of these dogs may be registered as crossbreeds on veterinary practice management systems and pointed towards seeing various estimates of the number of XL Bully dogs, ranging from 50,000 to 150,000 in England and Wales.

If there were 50,000 XL Bully dogs in England and Wales, this may suggest an estimated population of 5,000 XL Bully dogs in Scotland. This figure carries a considerable degree of uncertainty.

The new safeguards to be introduced will include a number of criminal offences for breaching certain requirements. In line with normal process, it is for Police Scotland to investigate any alleged offences and for the Crown Office and Procurator Fiscal Service to consider reports of alleged crimes with a view to deciding on appropriate prosecutorial action.

The Scottish Government introduced a national dog control notice database in February 2022 which is helping local authorities and Police Scotland access information on dog owners where notices have been issued.

The national database brought together the dog control notice records of all local authorities into a centralised database that is accessible by all 32 local authorities and Police Scotland.

Where a person subject to a dog control notice moves from one local authority to another, the national database is a valuable tool in helping to enforce that notice.

The 2010 Act already allows for and requires local authorities to co-operate with the police and other local authorities in all matters relating to the control of dogs arising under or by virtue of this Act, the Dogs Act 1906 or the Dangerous Dogs Act 1991. It is for local authorities to assess how and when information can be shared more widely and in so doing, local authorities will carefully consider data protection under GDPR.

In light of the UK Government failing to ensure English and Welsh XL Bully dog owners cannot evade the new safeguards through selling or otherwise disposing of their dogs in Scotland, the Scottish Government has been left with little choice to decide to replicate the new safeguards in Scotland. Through replicating the new regime, this will ensure owners have no ability to evade the new controls.

More generally on the effectiveness of breed specific legislation, there is no central database within Scotland or the UK that provides available data on breakdown by breed or crossbreed dogs, involved in dog attacks.

However, National Records Scotland collects data in relation to ‘Deaths from being bitten or struck by a dog in Scotland’. There have been three deaths from being bitten or struck by a dog in Scotland between 2004 and 2022. Information for 2023 is not yet available. Data on the breed or type of dogs involved is not recorded.

In addition, Public Health Scotland collects data on the number of inpatient and day case admissions to hospital where a diagnosis of dog attack (bite or strike) was recorded. The available data from 2004 to 2022 is included in the following table:

We will provide details of the defined characteristics of an XL Bully dog as the relevant legislation introducing the new safeguards for XL Bully dogs is developed and published. Practical and helpful guidance and support will be provided to XL Bully dog owners on the Scottish Government website to help identification of relevant dogs by owners.