Chamber and committees

The Scottish Government previously collected data on the number of dog control notices (DCNs) issued on an annual basis from local authorities. The figures collected annually cover the year from 27 February to 26 February.

The figures for 2019-20, 2020-21 and 2021-22 are as follows.

2019-20 – 339 DCNs issued across Scotland

2020-21 – 363 DCNs issued across Scotland

2021-22 – 324 DCNs issued across Scotland

The Scottish Government introduced a national DCN database in February 2022. The national database brought together the DCN records of all local authorities into a centralised database that is accessible by all 32 local authorities and Police Scotland. It is managed by the Improvement Service, who have provided the following figures for the number of DCNs issued in 2022, 2023 and 2024 (as at 22 February 2024):

2022 – 266 DCNs issued across Scotland

2023 – 260 DCNs issued across Scotland

2024 – 11 DCNs issued across Scotland so far.

The Scottish Government is not intending to make a further extension to the transitional period.

The Scottish Government and the Scottish Prison Service (SPS) recognise the impact of illicit drugs in prisons and the importance of supporting prisoners on their recovery journey.

We are committed to ensuring that the prison population have access to healthcare that is, as a minimum, equal to that offered in the community. A recent example is the development of a prisoner Healthcare Target Operating Model to provide a framework for nationally consistent healthcare delivery including the future state of addictions services. The National Prison Care Network are visiting NHS Boards to support the implementation of this model.

There are already a range of innovative projects in prisons including recovery cafes, recovery walks, mutual aid groups and other positive diversionary activities. Partnership working is crucial and the SPS works with several third sector organisations to deliver consistent recovery pathways to help individuals reintegrate back into communities. The multi-disciplinary Recovery Network also provides the SPS with an opportunity to share and replicate best practice in the community.

Medication Assisted Treatment standards are a key component of our National Drugs Mission and the SPS have committed to embed these standards across the prison estate. It is working with NHS Partners to ensure healthcare choice aligns with community-based treatment services wherever possible. In addition, the Prison to Rehab Protocol supports individuals to access abstinence-based treatment on release and sets out the process for prison staff, service providers and individuals on accessing the pathway.

All this work directly links to the Scottish Government’s National Mission. However, enforcement is also important, and a variety of operational and technological responses are deployed to prevent substances entering the prison estate. These include body scanners and Rapiscan machines, which detect substances that may be concealed in items of mail and personal property.

I wrote to the Local Government, Housing and Planning Committee on 30 January to advise on progress with our work to monitor the implementation of short-term let licensing. This letter is available to view on the Scottish Parliament website at: https://www.parliament.scot/-/media/files/committees/local-gov/correspondence/2024/letterfromministershorttermletlicenceapplicationlevels.pdf .

I have outlined that I expect to provide a more comprehensive update on implementation in May/ June 2024.

My letter of 27 October 2023 to this Committee outlines the scope of this work, which explains that we will not be altering short-term let licence types including home letting (home exchanges are a form of home letting). A copy of the letter is available on the Scottish Parliament website at: https://www.parliament.scot/-/media/files/committees/local-gov/correspondence/2023/shorttermlets27oct.pdf

As I said in my answer to question S6W-23651 on 7 December 2023, the Scottish Government is aiming to publish a consultation on a substantial range of family and succession law matters, including the minimum age of marriage, by summer 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

A Scottish Government led Short Life Working Group was established in 2022 to assist with taking forward the commitment to review the Dangerous Dogs Act 1991.

The focus of the review was on the criminal offence in the 1991 Act of a dog being dangerously out of control. However, views on prohibited breeds legislation were also offered. The working group has undertaken this review, and we are now considering the wide range of views offered to determine what may be appropriate as next steps. The Minutes of all working group meetings have been published on the Scottish Government website: https://www.gov.scot/groups/dangerous-dogs-act-short-life-working-group/

The Scottish Government previously consulted on practical measures to improve the operational effectiveness of the Control of Dogs (Scotland) Act 2010 (“the 2010 Act”). The views offered in response to this consultation are helping to shape and inform policy development decisions.

Scottish Government officials also meet regularly with stakeholders to discuss issues in relation to dog control policy.

As I made clear during my Ministerial Statement on 18 January 2024, the Scottish Government is committed to working with key stakeholders and interested parties to look at any improvements that could be made to the 2010 Act to strengthen and enhance the approach to preventative measures in the medium term.

Section 1 of The Dangerous Dogs Act 1991 (‘Dogs bred for fighting’) already prohibits owners of such dogs from giving away their pets.

This means that, for example, it is now illegal for the owner of an XL Bully to sell, give away or rehome their dog.

The Control of Dogs (Scotland) Act 2010 (“the 2010 Act”) introduced the dog control notice (DCN) regime. The 2010 Act gives powers to local authorities to issue DCNs to owners who allow their dogs to be out of control and this includes discretionary conditions that can be attached to a DCN. The Scottish Government recommends as best practice that when local authority authorised officers issue a DCN to an owner, this should include a condition that the owner is obliged to inform the local authority if they rehome their dog, and provide the name and address of the new owner.

The Scottish Government published updated statutory guidance on the 2010 Act in December 2020. The statutory guidance is designed to enhance understanding of the 2010 Act and assist local authorities and authorised officers: https://www.gov.scot/publications/updated-guidance-control-dogs-scotland-act-2010/

The Scottish Government has no current plans to amend the 2010 Act to prevent dog owners who have a DCN against them from relinquishing ownership and/or responsibility for their dog, but does plan to consider opportunities to enhance and strengthen the 2010 Act in the medium term.

In the June response we committed to establishing a new Mental Health and Capacity Reform Programme to co-ordinate and drive further change and improvement over time in line with the Scottish Mental Health Law Review ambitions. This Spring, we intend to publish an initial delivery plan setting out the key actions being taken forward against priorities identified under the Programme.

While there is no established population of muntjac in Scotland, NatureScot are cognisant of concerns around their potential impact should that change.

We recognise that the two main risks are that either existing populations in other parts of Britain may expand their range into Scotland, or that captive muntjac may escape into the wild and establish populations.

Any suspected sightings of muntjac should be reported to NatureScot directly or through the invasive non-native reporting tool on Scotland’s Environment Website . NatureScot follow up all reported sightings. Between three and ten reports a year are investigated, by interviewing witnesses and following up credible sightings with trail cameras and night vision surveys. NatureScot considers nearly all of these have been unlikely to be muntjac based on witness statements.

It is already an offence to keep muntjac in captivity without a licence, and land managers must inform NatureScot without delay if they suspect the presence of muntjac on their land. It is also an offence to transport, use or exchange, breed or permit a muntjac to reproduce.

Since 2021, the Non-Native Species Inspectorate has been carrying out inspections of zoos and private animal collections on behalf of the Scottish Government. The Inspectorate gathers evidence of non-compliance and passes cases on to Police Scotland to investigate, or NatureScot to resolve through licensing. NatureScot has issued two licences to keep muntjac at visitor attractions in the last ten years.

There is no record of any Scottish Government funding being provided to the Multi-Cultural Elderly Care Centre since 2019.