Scottish Animal Welfare Commission: dogs that are seized as suspected prohibited breeds

Response from the Community Safety Minister

10 January 2025

Dear Professor Dwyer,

Thank you for your letter dated 20 December regarding the interim liberation of suspected prohibited dogs. I am also replying to you on behalf of my Ministerial colleague Jim Fairlie MSP, Minister for Agriculture and Connectivity, to whom you sent a similar letter.

With regard to the specific issue of the XL Bully dogs safeguards introduced last year. The Scottish Government recognises that there are a variety of views in this sensitive policy area and the Scottish Government fully understands that there are some people who will have disagreed with the policy and the steps taken. However, we decided that action was necessary and justified to respond to a situation arising from UK Government decision making.

As I made clear in my statement to Parliament on 18 January 2024, the policy decision to introduce new safeguards in relation to XL Bully dogs in Scotland follows as a direct result of the UK Government decision to introduce controls on XL Bully dogs in England and Wales. With the UK Government failing to fully consider the implications for Scotland of allowing dog owners in England and Wales to evade the controls in England and Wales by disposing of their dogs in Scotland, the Scottish Government decided this action was needed to address growing public safety and animal welfare concerns. This UK Government decision was announced with no notice given to the Scottish Government, and with no prior wider public consultation.

I note the comments from the SAWC about the interim liberation of suspected prohibited dogs. I do recognise this as an issue. As you are aware, there is currently no provision for the interim liberation of a prohibited type dog in Scotland as there is no interim exemption scheme available that would permit such dogs to be released pending the consideration and outcome of court proceedings.

However, I have asked my officials to continue to engage with stakeholders to keep the current legislation under review.

I also note the comments about there being no de-exemption process for an owner of a dog who has registered the dog as an XL Bully, but who now considers that their dog is not in fact an XL Bully. You will wish to be aware that any person with an XL Bully exemption certificate can seek for it to be withdrawn by the Scottish Government. This route involves writing to the Scottish Government (at xlbullydogenquiries@gov.scot) and asking for a certificate to be withdrawn.

Any person with an exemption certificate can do this and it is a matter for a relevant person to consider whether to do so. In particular, if a person wishes to do this because they have reached a view they do not possess an XL Bully dog, that is a matter for them to consider. Therefore, I must stress the formal withdrawal of an exemption certificate by the Scottish Government does not confirm a dog is or is not an XL Bully type – the decision to consider exemption withdrawal is for owners to decide. The Scottish Government is not involved in the assessment and identification of XL Bully type dogs – as you will be aware the decision to seek exemption was an owner led process. I must also add that there is no refund of the £92.40 application fee previously paid.

I trust that this information is of some assistance.

Yours sincerely,

SIOBHIAN BROWN