Humza Yousaf says he does not think Scotland needs to ban XL bully dogs

The First Minister said a ‘strict regime’ is already in place

Humza Yousaf has said he does not think Scotland needs to ban American XL bully dogs because it already has a “strict regime” in place.

The First Minister suggested he will not follow the UK Government, which recently introduced new controls for England and Wales.

However, he said the Scottish Government is still keeping a potential ban “under review”.

A ban on XL bully dogs has come into force in England and Wales

Speaking to Bauer Media, Mr Yousaf said: "We are monitoring the situation and keeping close, of course, to those on the ground. We do have a very controlled and quite a tight regime when it comes to the management of animals, control of dogs, and that is something that is quite unique in Scotland compared to other parts of the UK.

"So we’re still keeping a potential ban under review. We don’t think it is required or needed given the strict regime that we have in place in Scotland at the moment, but as I say it is absolutely something that we keep under continual review.”

Legislation introduced by the UK Government has made it illegal to breed, sell or walk XL bullies in public without a lead and muzzle in England and Wales. Owners must apply for a certificate of exemption for current pets before the end of the month.

However, restrictions have not been introduced in Scotland. Siobhian Brown, the SNP community safety minister, recently said people in England and Wales should not exploit "any loopholes that could be created to get rid of their dogs” in Scotland.

She told the BBC: "It is concerning to hear reports that the XL bully dog is being moved to Scotland for rehoming. We have made it clear to the UK Government that people in England and Wales should not use any loopholes that could be created to get rid of their dogs north of the border or anywhere else in the UK."

The campaign group Bully Watch, which has called for action to be taken in Scotland, estimated that between 100 and 200 adult dogs have been transported north of the border.

“There are dogs being transported up to Scotland daily now,” its spokesman Doug Smith told The Scotsman. “It's hard to put a number, but certainly it's not a handful of cases – it's happening at scale.”

A UK Government source said: “It is nonsensical for Siobhian Brown to talk of a ‘loophole’. The legal position was made clear to the Scottish Government several weeks ago.

"What we’ve seen with XL bully dogs being rehomed in Scotland is simply a consequence of the Scottish Government’s decision not to ban the breed. We remain of the view that a co-ordinated, consistent approach across the UK would be the best way forward in terms of public safety.”

The source pointed to a letter that UK animal welfare minister Robbie Douglas-Miller sent to Ms Brown on December 14. This said: “If an XL bully owner in England and Wales travelled to Scotland and sold or otherwise transferred the dog to someone in Scotland, this is unlikely to be an offence. It is also unlikely to be an offence for someone in England or Wales to travel to Scotland with their dog and to undertake other activities there, such as abandoning the dog there.”

Scottish Conservative MSP Jamie Greene said: “Siobhian Brown is attempting to deflect attention from and deny responsibility for her own decision to manufacture a difference with the rest of the UK. This isn’t a loophole. It’s an entirely predictable result of her dithering over banning XL bully dogs north of the border.

“That has unsurprisingly led to many of them being rehomed here from down south, and will prove downright dangerous if the animals end up with the wrong individuals as, sadly, has already happened.”

Ms Brown told the BBC: "Any dog attack is atrocious, but we need to have a balanced view and we will make a decision based on evidence.

"I've got a dog. If I had an XL bully living next to me, and this is what I would say to everybody if you've got a rottweiler next to you or a German Shepherd next to you, and you do not feel safe, you should be getting in touch with your local authority if that dog has behavioural problems so that the dog control notice can be put in place.

"But if the dog was under control and was a family member of the house next door, I wouldn't have concerns. I couldn't say that just because of the breed."

Following the ban coming into force in England and Wales, the RSPCA said the measures were “not the answer” and warned of a “huge risk” that rescue centres and vets will be unable to cope with a likely surge in demand.

Samantha Gaines, a dog welfare expert at the charity, said: “What is really concerning is because the ban has come in at such a pace that there may be owners who are not ready for this, being able to ensure their dog is happy wearing a muzzle. There is some fear that people for whatever reason may have left it a bit late and about what that means.”

She added: “Breed is not a good or reliable predictor of aggressive behaviour. Whether or not a dog goes on to use aggressive behaviour depends on how they’ve been bred, how they’ve been raised, their life experiences.”

Instead of targeting dogs with new laws, Dr Gaines said existing legislation should be used more effectively to clamp down on people who exploit and irresponsibly breed the animals.