MSPs express reservations over ‘well intentioned’ dog theft Bill

A Holyrood committee has expressed “reservations” about a “well intentioned” bid to change the law to make the theft of a dog a statutory offence.

Conservative MSP Maurice Golden has put forward legislation which, if passed, could see people jailed for up to five years for stealing the animals.

He introduced his member’s Bill to Holyrood in a bid to tackle the “heinous crime” of dog theft, which the Tory has said causes emotional distress for pet owners.

However, MSPs on Holyrood’s Rural Affairs Committee, which scrutinised the Dog Theft (Scotland) Bill, noted that stealing a dog is already covered by the common law offence of theft – and that the penalties for this are the same as Mr Golden in proposing.

They added that both Police Scotland and the Crown Office and Procurator Fiscal Service had told them that creating a new statutory offence “would not change how an offence would be investigated or prosecuted”.

In their report, the MSPs noted Mr Golden’s “belief that a statutory offence would be used more in practice than the existing common law offence” but they added that “there is not clear evidence to support this”.

And while the Conservative has insisted his Bill could act as a deterrent against such crimes, the committee stated that “without a dedicated budget for raising awareness of the statutory offence” it was “unlikely to act as a strong deterrent”.

But, overall, the committee backed the general principals of the Bill despite “members’ concerns about the effectiveness of a stand-alone offence”.

Committee convener Finlay Carson said: “This is a well-intentioned Bill which merits our support at this stage in the legislative process.

“We agree that dog theft is a terrible crime, and that appropriate legislation should be in place to reflect this.

“However, evidence provided to us during our scrutiny suggests that many of the Bill provisions are already available within the current court system and procedures.”

Mr Carson added: “It’s now for the Scottish Parliament to consider the reservations we have set out in our report and to decide the best route forward.”

Mr Golden said: “I am delighted to have the backing of the Rural Affairs Committee and look forward to bringing my Bill to Parliament in the autumn.

“As it stands, the law does not adequately recognise the status of dogs in family households, nor the place they occupy in our hearts. My Bill will change that.

“Dogs are our best friends, and deserve better protection than the current system offers them.”