2. To ask the Scottish Government whether it will reconsider its position on further regulating the ownership of American XL bully dogs in Scotland, in light of reports that widespread rehoming from England to Scotland is raising public safety and animal welfare concerns. (S6T-01718)

The Scottish Government is concerned to hear reports of XL bully dogs being moved to Scotland for rehoming. I have made it clear to the United Kingdom Government that there should be no impact on Scotland as a consequence of the policy that has been implemented. The UK Government’s response said that if an XL bully owner from England or Wales travelled to Scotland and sold or otherwise transferred or abandoned the dog to someone in Scotland, it is unlikely that that would be an offence.

The criminal law should provide clarity on whether an offence has been committed. The unintended consequence of the UK Government’s policy is that we are now seeing an influx of XL bully dogs to Scotland. It is important to ensure that Scotland does not become a safe haven or a dumping ground for XL bully dogs from England and Wales.

I confirm to Jamie Greene and the Parliament that, in the light of recent events, ministers are urgently reviewing the policy on XL bully dogs. Public safety will be paramount in our deliberations, and Parliament will be updated on a timetable for any policy change imminently.

The unintended consequences that we are seeing are a result not of the UK legislation, but of this Scottish Government failing to take action, which has led to the situation in which there is a huge amount of anecdotal evidence of rehoming across the border into Scotland. There is an online Facebook group with more than 20,000 members, where people are discussing the issue day in, day out. I understand that they are very well meaning. As an animal lover, I understand the sentiments behind some of the rehoming, but we do not understand its full consequences or what will happen.

The First Minister was very clear yesterday when he said to the media:

“I think it is important for us to make very clear that Scotland is not a safe haven for XL bully dogs.”

I agree with him. Will the minister now explain to the public what action this Scottish Government will take to ensure that the rhetoric on the subject is followed by action?

Given the lack of notice of the decision from the UK Government, and in the context of the different approach to dog control, I and officials have been reviewing the evidence on the situation in Scotland. We have met a wide variety of stakeholders over the winter to consider the evidence and their views on what work would be best in the Scottish context and to consider any unintended consequences. I have met the Scottish Society for the Prevention of Cruelty to Animals, the Dogs Trust, the dog control coalition, individual clinical dog behaviourists, a victim of a dog attack, the Kennel Club, Blue Cross and the Edinburgh Dog and Cat Home. I met the Communication Workers Union this morning and Police Scotland on Thursday, and I have met the National Dog Warden Association. I have also instructed officials to undertake regional engagements with local stakeholders to look at ways for partners to work together to improve operational responses and enforcement and to aid community engagement to help to promote more responsible dog ownership. As I said in my first answer, the matter is under urgent review at the moment.

I say to the Minister that it has been under urgent review for months. I am going to be frank, because I have been raising the issue in the chamber for months. Everything that we warned might happen is, sadly, now happening. Over the weekend, we saw the utterly horrific story of a dog that was trafficked from England to Scotland. There was an unsuccessful attempt to sell it online and the dog was then, horrendously, beaten to death and left on the street. I would not want to be the minister in charge of a policy who dithered and delayed on the issue for longer than was necessary, leading to another tragedy. Before it is too late, will the Scottish Government please announce a ban on these dogs before a single life—human or otherwise—is lost?

Whereas the UK Government announced its decision to ban this dog breed with no advance notice or consultation—

Months ago.

—we are approaching the matter in an evidence-based manner. [

Interruption

.]

The Presiding Officer:

Let us hear the Minister.

No new breed type has been banned in the list for more than 30 years, and it is important to listen carefully to the views of dog control experts in order to inform our policy approach in the area. As I said in my first answer, the matter is under urgent review and the Parliament will be told about any policy change imminently.

The Scottish SPCA has said:

“There is no need for a caring owner in England or Wales to move a dog to Scotland, as they have until January 31 to register their dogs and comply with the conditions for exemption.”

Any owner moving a dog after 31 December will be committing an offence.

Jamie Greene said that there is evidence that XL bully dogs are being brought to Scotland. How will we prevent that if Scotland appears to be a safe haven? Does the answer not lie in Scotland being more aligned with England and Wales to ensure not just that we prevent such movements, but that we protect the welfare of dogs, some of which are being destroyed on the back of the policy?

As I have said, urgent consideration is being given to the matter. I would say to any dog owner that they will need to understand the effect of any possible ban that is introduced in Scotland. At this time, any purchase of an XL bully dog would be made in a context that may suggest that it would be preferable not to acquire such a dog at the present time in Scotland.

As everyone is, I am appalled by dog attacks. However, the answer does not lie in adopting such hasty and simplistic regulations. In the same way, the Dangerous Dogs Act 1991 has not worked. Will the Minister therefore consider amending the Control of Dogs (Scotland) Act 2010, which I introduced and which intervenes early when there are behavioural problems with any breed of dog, to make it more effective, as it places the blame and responsibility where they lie—on the breeder and the owner, not the dog?

A working group has been considering current legislation. I understand that the Welfare of Dogs (Scotland) Bill that has been introduced by Christine Grahame aims to highlight and raise awareness of responsible dog ownership—which, I think, we can all support. The Government welcomes any proposals that seek to improve animal welfare, and I look forward to working with Ms Grahame on the bill.