XL Bully exemptions and creation of new rent controls: FOI release

Information requested

1. How much has the Scottish Government spent on the pardoning witches bill and a breakdown of these costs?

2. How many applications have been made for XL Bully exemptions, how many are estimated to be in Scotland and how many
have been [put] down since the safeguards were brought in?

3. Could you supply all analysis undertaken on the creation of new rent controls, plus briefings and correspondence sent and
received by the Government about them, between February 1 2024 and the date of this FOI?

4. Could you supply all analysis done on XL Bullies from this year?

5. Were Scottish Government officials involved in the working group to define XL Bullies? If not, why?

6. How many meetings did Siobhian Brown request with the UK Government over XL Bullies, and how many did she attend in
the last 12 months?
-Could you supply minutes/notes from these meetings?

Response

Some of the information you have requested in relation to XL Bully dogs (items 2, 4, 5 and 6) is classed as ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs) and so we are required to deal with this aspect of your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with this aspect of your request under FOISA.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.

The other elements of your request (items 1 and 3) are being dealt with under FOISA.

Question 1

You ask for information about how much the Scottish Government spent on a Bill to pardon witches. No Bill has been introduced in the Scottish Parliament to pardon those convicted of offences relating to witchcraft. Prior to becoming a Minister, as a Backbencher, Natalie Don MSP lodged a Bill proposal for the Witchcraft Convictions Pardons (Scotland) Bill. This was a proposal for a Member’s Bill and was not a Scottish Government Bill. Within this context, no Scottish Government budget was spent on a Bill to pardon witches.

Question 2

As at 30 May 2024, 909 applications for exemption have been submitted. With 681 exemption certificates successfully issued to XL Bully owners via the online automated process, and 228 exceptions passed to the relevant Scottish Government policy team for review.

Page 3 of the policy note for The Dangerous Dogs (Designated Types) (Scotland) Order 2024 provides the Scottish Government position on the estimated number of XL Bully dogs in Scotland: The Dangerous Dogs (Designated Types) (Scotland) Order 2024 (legislation.gov.uk)

It is not known how many XL Bully dogs there are in Scotland. This is within the context of an unknown number of XL Bully dogs in the UK as a whole. For example, it is clear from the tens of thousands of applications received from XL Bully owners in England and Wales seeking exemption for their dogs that the initial UK Government estimate of 10,000 XL Bully dogs was a significant underestimate.

As at 30 May 2024, the Scottish Government has received 10 claims for compensation from dog owners who have applied for compensation following the decision to have their XL Bully dogs euthanised. Where an XL Bully dog owner has decided to have their dog euthanised without seeking compensation, the Scottish Government would not be advised and so the number of claims for compensation is not necessarily a full picture on the number of XL Bully dogs euthanised.

Question 3

Regarding question 3, we have interpreted your request to mean all briefings and all correspondence sent and received by Scottish Government regarding the analysis on the creation of the new rent controls.

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested would exceed the upper cost limit of £600. Under section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. Revising the scope of your request to focus on a reduced timeline of information considered in relation to the rent freeze might help us to assist you with your enquiry in a cost compliant basis.

You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIR on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx

The policy memorandum and the financial memorandum following publication of the Housing (Scotland) Bill may be helpful and can be found at the following links - Policy Memorandum accessible (parliament.scot) and Financial Memorandum accessible (parliament.scot)

In addition the Equality Impact Assessment has now been published and I attach a link https://www.gov.scot/isbn/9781836013464

Question 4

The Scottish Government decided to introduce new safeguards on XL Bully dogs following the failure of the UK Government to ensure the new safeguards on XL Bully dog owners living in England and Wales applied where such owners were seeking to rehome their dogs in Scotland.

Both SSIs laid by the Scottish Government to introduce the full set of new safeguards contained a policy analysis of what the new safeguards do and why they were developed.

These policy notes are available below:
The Dangerous Dogs (Designated Types) (Scotland) Order 2024 (legislation.gov.uk)
The Dangerous Dogs (Compensation and Exemption Schemes) (Scotland) Order 2024 (legislation.gov.uk)

Question 5

The UK Government (DEFRA) convened a group in September 2023 to develop a legal definition of the XL Bully dog for the purposes of the restrictions in England and Wales.

Scottish Government officials were invited to the DEFRA group and joined these discussions as observers. The purpose of the DEFRA meetings was to develop the document that set out the physical conformation standard for the XL Bully dog type in England and Wales.

Question 6

In the period from 1 June 2023 to 14 September 2023, there was no specific policy in place for XL Bully dogs in any part of the UK.

On 15 September 2023, the Scottish Government became aware of the UK Government decision to place restrictions on XL Bully dogs via the BBC News website.

The Scottish Government subsequently received a letter from the UK Government on 29 September 2023 on the issue – but this had no detail on the specific approach and no detail of the potential impact on Scotland at that time.

The Minister for Victims and Community Safety consequently engaged with the UK Government through a series of Ministerial letters. Which include offers to meet with the UK Government to discuss XL Bully policy. The letters from the Minister for Victims and Community Safety to the UK Government are attached as an Annex.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202400416687 - Information Released - Annex

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