SSPCA warn that new XL bully legislation is flawed
The SSPCA has reiterated concerns about XL bully legislation as new rules due to begin on Friday and says that final decisions on exemption process must “set different standard” to Westminster.
The wildlife charity has historically opposed the banning of single breeds and has reservations about the first stage of legislation due to come into effect on Friday.
The charity has suggested that the legislation may have been rushed through because of fears of loopholes leading to an influx of dogs coming up north.
Mike Flynn, Chief Superintendent SSPCA, said: “We believe that any dog has the potential to be dangerous, just by [judging] a dog’s appearance you can’t say it’s dangerous there’s so many other factors.”
“It’s because of potential loopholes in the Westminster legislation that [has resulted] in the [Scottish] Government taking this action.”
“We would have preferred to have seen a different standard set up here because the definition is very broad and could and will cover dogs that are not XL bullies.”
The legislation will be an extension of the Dangerous Dogs Act 1991, which the SSPCA has said is ineffective.
Mr Flynn added: “If you go back [to the Dangerous Dog Act], it’s not worked, it’s not stopped dog bites, it has not stopped dog attacks.
“It was meant to eradicate pitbull terriers and you still have then going about in the UK.
“It has proven that the Dangerous Dog Act has not worked.”
Flynn also suggested that there is sufficient legislation under the Control of Dog Order in Scotland local authorities to deal with potential problem dogs, however, there is not enough funding or the man power to efficiently use their powers.
Some news outlets have reported that the breed was an XL bully, but Police Scotland have still to confirm the breed of the dog.
The SSPCA said that the breadth of the definition made it difficult for the authorities to identify breeds.
Mr Flynn said: “With XL bullies, there’s so many variations cause their a cross breed there’s so many other dogs that could get caught up under the definition.
“I’m not surprised that the authorities can’t instantly say it was an XL bully cause it’s not a recognised breed.”
The new rules will make it illegal to sell, advertise, gift or allow an XL bully to go stray and owners may also be required to muzzle their animals as well as ensuring they’re kept on a lead
The second stage on the legislation which will come into law on 1 August 2024 and will ban the breed with any owners who want to keep existing animals having to apply for an exemption certificate.
Siobhain Brown, Minister for victims and community safety, said: “With new safeguards for XL Bully dogs coming into force in just a few days it’s vital that owners get ready and prepare from them now.
“Whilst dog attacks remain a rare occurrence, where they do occur, they can have devastating consequences which is why safeguards must be introduced.
“We are doing so whilst ensuring we promote and support responsible ownership, and public safety as effectively as possible.
“The new regulations aim to protect public safety and are being introduced as a consequence of similar XL Bully controls brought in by the UK Government, which created an unacceptable risk of dogs being moved to Scotland from England and Wales.”
