Questions and answers

Question reference: S6O-04211

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 08 January 2025
Current Status: Taken in the Chamber on 16 January 2025

To ask the Scottish Government whether it will provide an update on what discussions it has had with the UK Government transport secretary regarding the £5 million contribution that the previous administration made towards a feasibility study into the extension of the Borders railway.

Question reference: S6F-03648

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Monday, 16 December 2024
Current Status: Taken in the Chamber on 19 December 2024

To ask the First Minister whether the Scottish Government will encourage the public not to buy puppies or dogs during the festive period, in light of the reported possibility that these may be the product of irresponsible breeders, including illegal puppy farms.

Question reference: S6O-04128

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 11 December 2024
Current Status: Taken in the Chamber on 18 December 2024

To ask the Scottish Government what assessment it has made of any specific impact on tenant farmers in Scotland of the announced changes to agricultural property relief on inheritance tax.

Question reference: S6O-04091

Current Status: Withdrawn

Question reference: S6O-04085

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 27 November 2024
Current Status: Taken in the Chamber on 5 December 2024

To ask the Scottish Government, in relation to the provision of support for children with additional support needs, what assessment it has made of any impact of the reported delays to ADHD assessments for children on their education.

Question reference: S6W-31080

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 06 November 2024
Current Status: Answered by Siobhian Brown on 19 November 2024

To ask the Scottish Government whether there is any means by which the owner of an XL bully dog can obtain a court order authorising a late application for inclusion on the Index of Exempted Dogs, other than following seizure of the dog and a conviction under section 1(3) of the Dangerous Dogs Act 1991, as amended by the Dangerous Dogs (Designated Types) (Scotland) Order 2024.

XL Bully owners in Scotland had from 1 April 2024 to 31 July 2024 to apply to the Scottish Government for a Certificate of Exemption for their XL Bully dog, to allow them to legally keep their dog. Under the relevant legislation that set these dates, the time period for applications for a Certificate of Exemption to keep an XL Bully dog has closed.

The only means by which an exemption can be granted now is as follows.

The XL Bully dog is on the list of prohibited dogs under the Dangerous Dogs Act 1991.

Following the passing of the Dangerous Dogs (Amendment) Act 1997, it continued to be the case that it is a criminal offence to own a prohibited type of dog, but following a conviction the court has discretion in sentencing so that a dog of this type is not always required to be destroyed where an owner was found to have kept a dog in breach of the legislation.

The court can, as an alternative to ordering the destruction of the dog, authorise a person owning such a dog to be able to apply to place the dog on the Index of the Exempted Dogs. Only courts can direct that an owner can be authorised to apply for a dog to be placed on the Index of Exempted Dogs.

The Scottish Government does not have any role to play in the decision making of the independent court when it considers how to dispose of cases, but will of course consider any application for exemption on the back of any court direction that would permit the owner of an XL Bully dog to apply to Scottish Ministers to seek a Certificate of Exemption.

Question reference: S6W-31078

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 06 November 2024
Current Status: Answered by Siobhian Brown on 19 November 2024

To ask the Scottish Government whether there is any provision for the interim liberation of a dog of a prohibited type, where court proceedings are pending or in progress under section 1(3) of the Dangerous Dogs Act 1991, as amended by the Dangerous Dogs (Designated Types) (Scotland) Order 2024.

Question reference: S6W-31077

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 06 November 2024
Current Status: Answered by Siobhian Brown on 19 November 2024

To ask the Scottish Government, further to the answers to questions S6W-28648 and S6W-29091 by Siobhian Brown on 2 August and 22 August 2024, how many applications for XL bully dogs to be added to the Index of Exempted Dogs have been unsuccessful, and how many dogs were euthanised as a result.

XL Bully dog owners had from 1 April 2024 to 31 July 2024 to apply to the Scottish Government for a certificate of exemption for their dog, to allow them to continue to legally own the dog.

The Scottish Government continues to work through a small number of cases where XL Bully dog owners have met the legal requirement to apply before 31 July 2024, but still require to provide additional information in order for their exemption application to be processed and granted.

For all applications that were received by the Scottish Government where there is evidence that confirms the legal requirement to apply for exemption through the application process, successful completion of the form, and confirmation of the application fee payment in relation to that application, the Scottish Government approved the application for exemption.

Following the closure of the exemption window for when exemptions could be sought direct from the Scottish Government, the only way that now exists for an XL Bully dog to be added to the Index of Exempted Dogs is through a court authorised application.

Separately, XL Bully owners who took the decision to have their dog euthanised could claim up to £200 compensation from the Scottish Government. The Scottish Government had to receive any claim for compensation by 30 September 2024 with owners seeking compensation required to make the necessary arrangements by 31 July 2024. The Scottish Government received and approved 35 claims for compensation following arrangements being made for the euthanisation of an XL Bully dog.

Where an XL Bully dog owner has decided to have their dog euthanised without seeking compensation from the Scottish Government, the Scottish Government would not be advised by the owner. Therefore, the number of claims for compensation sent to the Scottish Government does not provide the total number of XL Bully dogs euthanised.

Question reference: S6W-31076

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 06 November 2024
Current Status: Answered by Siobhian Brown on 19 November 2024

To ask the Scottish Government how many suspected XL bully type dogs have been seized since 1 August 2024, and, of these, how many (a) have been euthanised, (b) have been returned to their owners following an assessment that they are not of the XL bully type and (c) are currently in kennels awaiting a decision regarding their legal status.

The Scottish Government does not have any role to play in operational matters that fall to Police Scotland and Crown Office and Procurator Fiscal Service (COPFS) when considering allegations of criminal offences under dangerous dogs legislation. In addition, the Scottish Government does not have any role in the decision making of the independent court when it considers how to dispose of cases.

Within this context, the information requested is not held by the Scottish Government.

Scottish Government officials are continuing to engage with Police Scotland, COPFS, local authorities and Scottish SPCA about the impact of enforcing and implementation of the new safeguards on XL Bully dogs.

Question reference: S6W-31079

Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
Date lodged: Wednesday, 06 November 2024
Current Status: Answered by Siobhian Brown on 19 November 2024

To ask the Scottish Government what provision it has made for the potential situation in which an XL bully type dog was too young to have been microchipped prior to closure of applications for inclusion on the Index of Exempted Dogs on 31 July 2024.

Dogs need to be over 8 weeks old to be microchipped.

Where an XL Bully dog was too young – under 8 weeks – as at the date of application for exemption to be microchipped, the owner was given additional time to provide evidence of microchipping having occurred.

There are also exemptions for those dogs deemed unfit for a microchip to be fitted. A dog is unfit to be microchipped if a veterinary surgeon has issued a certificate indicating a dog is unfit to be microchipped under the Microchipping of Dogs (Scotland) Regulations 2016.

Further information about microchipping can be found on the mygov.scot website:

Exemptions - mygov.scot.

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