SCOTTISH MSP’S have united in support of a Members Bill to modernise and strengthen legislation regarding livestock attacks.

The Scottish Parliament gathered virtually to debate Phase One of Emma Harper’s ‘Dogs (Protection of Livestock) (Amendment)(Scotland) Act 2020’ which has received unanimous support on the basis that a number of changes would be made during Stage Two. 

The most pressing changes raised were around powers of entry, search and seizure of dogs involved in attacks and all parties called for an increase in maximum penalties to be consistent with existing animal welfare legislation.

“Current legislation dating back to 1953 is outdated and no longer fit for purpose,” said Ms Harper MSP, kicking off the debate. “This Bill provides additional powers for the investigation and enforcement of the offence of livestock worrying and will increase the maximum penalties available to the courts.”

Currently the Bill proposes that convicted persons could face up to six months imprisonment and/or receive a fine for up to £5000. Where a person is convicted of the offence, the court would have new powers to disqualify the person from owning or keeping a dog for a determined period. There are also increased powers to seize a dog suspected of attacking or worrying livestock in order to identify and secure evidence for as long as is necessary.

Newly appointed rural affairs minister Ben MacPherson MSP suggested that tougher penalties should be introduced: “To be consistent with new penalties now available for many animal welfare and wildlife crime offences and to allow for courts to impose appropriate penalties depending on the facts and circumstances of the case, it is my intention to propose a stage two amendment increasing maximum available penalties on imprisonment from six months to 12 months and up to £40,000.”

He also recommended that elements of the Bill regarding inspection bodies and powers of entry are removed and that responsibility for investigating offences remain with the police, with assistance from local authorities or the SSPCA if appropriate in the circumstances.

The Scottish Conservatives agreed on the general principles of the Bill, subject to changes acknowledged by the minister: “The Bill will help to tackle the problem in a more cohesive manner but should not be seen as a panacea,” said Finlay Carson MSP. “I welcome the Bill as a short-term plaster to fix an urgent and growing issue of great concern to livestock owners in Scotland which brings great financial and emotional impacts to the owner, stress for witnesses and great pain, distress and frequently, deaths.”

Fellow Conservative and chair of the rural economy and connectivity committee Edward Mountain addressed an additional concern held by the committee: “The committee found elements of disqualification orders within the Bill unclear. In relation to disqualifying a person from bringing a dog on to agricultural land, witnesses questioned how this would be enforced and monitored.”

John Finnie MSP of the Scottish Green party had reservations over the role of inspecting bodies: “Parliament has to be extremely cautious about providing policing and enforcement powers,” he said. “Power of search, entry and seizure, without a warrant - they were, and remain unacceptable. If the member hadn’t moved to remove them, then I and others would have done likewise.”

Scottish Lib Dem’s Mike Rumbles MSP agreed: “I felt that this power was completely contrary to long held principles of Scots law and for police to carry out searches without a warrant was just unacceptable.”

Scottish Labour members stressed that prevention must still be the first priority. “Penalties are only part of the solution,” said Claudia Beamish MSP. “If we are to really get underneath this issue, more consistent data gathering on dog worrying incidents has to be a priority for the police, along with a Scottish Government backed campaign which should be necessary to raise awareness of how grave the consequences can be if a dog owner is neglectful or reckless on a simple walk.”

Ms Harper noted concerns from members and agreed that during Phase 2 of the Bill she would bring forward amendments to ensure a warrant is required at all stages of investigation and that only police would be in a position to carry these out.