Scottish Animal Welfare Commission – Review of Scottish Government activity affecting the welfare of animals, as sentient beings

3. Scottish Government Legislation and Policy Implementation

The Spring Traps Approval (Scotland) Amendment Order 2023

The Order, amending the list of approved traps and the species, which they are approved to take under the Spring Traps Approval (Scotland) Order 2011, as amended, came into force on 1 January 2024.

Agriculture and Rural Communities (Scotland) Act 2024

The Agriculture and Rural Communities (Scotland) Bill was introduced in September 2023 and passed by the Scottish Parliament in June 2024. The Bill was designed to build on existing powers to provide support to farmers for animal health and welfare, by allowing the Scottish Ministers to make meeting minimum animal health, welfare and biosecurity requirements a condition to receive farm support, and to provide funding for measures that improve farm animal health and welfare. The Bill also increased the powers of the Scottish Ministers relating to animal health and identity, welfare and genetic resources, and plant health

As a framework Bill, it provided for the creation of rural support plans and support schemes for agriculture, forestry, rural communities and development, but did not provide any detail of the schemes. A draft Rural Support Plan was published in June 2024, setting out how the objectives of the Agricultural and Rural Communities (Scotland) Act 2024 were intended to deliver the Scottish Government's Vision for Scottish Agriculture.

One objective of agriculture policy set out in the Bill was "the production of high-quality food", although this term has not been defined. As seen in our comments on the Good Food Nation Plan elsewhere in this review, SAWC believes that high standards of animal welfare are intrinsic to high quality food production.

SAWC supported the objectives of the Bill and the aspirations set out in the Policy Memorandum for "a continuous improvement in animal health and welfare in order to better protect and enhance animal health and welfare, to facilitate efficient production and to promote trade and meet consumer confidence."

SAWC agreed with the overarching objectives of the Bill, but sought more explicit recognition of high animal welfare as an objective in its own right, noting the importance of welfare for animals, Scottish citizens and consumers. SAWC was concerned that, according to the Policy Memorandum, Tier 1 payments would only require recipients to meet minimum production standards of animal health and welfare and do not provide any aspiration for improvements. SAWC looks forward to further discussion on standards prior to the laying of secondary legislation.

Animal Welfare and Food Safety International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023

These regulations amend the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 and the Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013, following the free trade agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway ("the specified EFTA states") and the United Kingdom. They relate to the recognition of qualifications achieved in the EFTA state with regard to the killing of animals or acting as a food examiner.

Restrictions on XL Bully dogs

The Dangerous Dogs (Designated Types) (Scotland) Order 2024 and the Dangerous Dogs (Compensation and Exemption Schemes) (Scotland) Order 2024 (legislation came into force, requiring owners of XL Bully dogs to obtain an exemption certificate by 31 July 2024 and have their dogs neutered, as well as keeping them on a lead and wearing a muzzle in public.

SAWC wrote to the Minister for Victims and Community Safety in December 2023, prior to the decision to restrict keeping of XL Bully dogs, pointing out the "apparently cavalier and simplistic manner" in which the policy had been introduced in England, "with little apparent concern for dog welfare". SAWC highlighted the pitfalls of introducing the same measures in Scotland, questioning the efficacy of an XL Bully "ban", the difficulty of "typing" a dog, the potential strain on Police Scotland resources, and the challenges to veterinary capacity and animal welfare charities. Despite this, the Scottish Government decided to implement the same measures as England following an influx of dogs from south of the border. SAWC agrees with the view of animal welfare charities that a more sustainable approach to protecting the public would focus on responsible breeding and ownership of dogs, rather than breed-specific legislation.

Wildlife Management and Muirburn (Scotland) Act 2024

The Wildlife Management and Muirburn (Scotland) Bill was passed on 21 March 2024, and became an Act on 30 April 2024. It was introduced to address raptor persecution and ensure that the management of grouse moors and related activities are undertaken in an environmentally sustainable and welfare-conscious manner. The Act implements the recommendations of the independent review of grouse moor management (the "Werritty" review).

The main provisions of the Act cover new licensing regimes for land used for the killing and taking of red grouse and for muirburn on any land. It introduces measures to prohibit the use of glue traps, to regulate wildlife traps used for taking wild birds and mammals through a licensing scheme, and includes enabling powers to allow Scottish Ministers to extend the role of inspectors appointed under the Animal Health and Welfare (Scotland) Act 2006 to investigate certain wildlife offences. The Act also licenses all muirburn and bans muirburn on peatland except for limited purposes.

SAWC supported the Bill and provided written and oral evidence regarding the animal suffering caused by wildlife traps as well as by the use of snares.

Following a wider review of snaring and a public consultation that cited SAWC advice on the welfare impacts of snares, the Bill was amended at Stage 2 to introduce a full ban on all snares in Scotland. This includes a ban on modified cable restraints that were recommended by industry as meeting international humane trapping standards, an assessment that SAWC disputed.

SAWC has confirmed with Scottish Government officials that the ban on snares will be followed by removal of the WCS Collarum snare from the Spring Traps (Approval) Order (Scotland) 2011 Order. SAWC has previously queried the inclusion of this trap in the 2011 Order as anomalous.

In July 2024, NatureScot published the Code of Practice for Grouse Moor Management, required as part of the grouse moor licensing provisions. This Code was drafted with input from a Grouse Code Working Group representing environmental NGOs, land management and sporting interests. The Code sets out the regulatory requirements associated with managing grouse moors and will, in due course, provide links to relevant Moorland Management Best Practice and other guidance. Following consultation, SAWC was pleased that the good practice section was amended to include advice that practitioners take wildlife welfare into account in management decisions. We expressed concern, however, that the best practice guidance referenced in the code – in particular, the proposed guidance on predator control – was not available at the time of publication and at the time of writing this report has still not been seen.

Hunting with dogs

Following the passage of the Hunting with Dogs (Scotland) Act in January 2023, the Scottish Government, through NatureScot, undertook the licensing and regulatory functions required under the Act.

The Act provides that it is an offence to chase and/or kill a wild mammal using a dog. It also introduces new measures to:

• Limit to two the number of dogs that can be used to search for, stalk or flush mammals from cover above ground;
• Introduce a licensing scheme for the use of more than two dogs to search for, stalk or flush wild mammals above ground, in certain limited circumstances;
• Limit to one the number of dogs that can be used to search for or flush foxes or mink from cover below ground;
• Prohibit the activity known as trail hunting (the activity of directing a dog to find and follow an animal-based scent).

In drawing up conditions and guidance for the licensed use of more than two dogs, NatureScot consulted with a wide range of stakeholders including animal welfare organisations. SAWC has not taken part in stakeholder discussions, but has regular meetings with NatureScot officials where views and ideas are exchanged.