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Parliament approves Dog Fouling Bill

13/03/2003

The Dog Fouling Bill was today approved by Parliament enabling local authorities and the police to tackle the problem more effectively.

The Dog Fouling (Scotland) Bill, which was introduced to parliament by Keith Harding MSP last year, will:

  • change the nature of the offence from one of allowing a dog to foul to one of failing to clean up after a dog;
  • apply to all public land
  • allow the police and local authorities to enforce the new provisions by way of fixed penalty notices as opposed to going through the courts; and
  • remove the need for corroborating evidence which currently makes it difficult to secure a conviction.

Deputy Minister for Finance and Public Services Peter Peacock said:

"People across Scotland have the right to enjoy their local environment free from the nuisance and health risks often caused by dog fouling. That is why the Executive has supported Keith Harding's Bill from the outset and worked with him to amend his Bill to make it fully workable.

"We have re-affirmed this support by committing to undertake a national publicity campaign to ensure the public are aware of the new laws and, more importantly, to encourage dog owners to change their attitude and act more responsibly.

"Our message to dog owners is clear - its is unacceptable to let your dog foul in a public place and not clear up after it.

"This Bill also reflects what the Executive is doing on a wider scale to make a real difference in Scotland's local communities through our Quality of Life initiative. We gave £95 million to local authorities in 2002 to fund local projects to deal with such things as litter, graffiti and dog fouling and we have set aside a further £180 million from the Budget for the next three years to help drive it forward.

"Tackling dog fouling is an integral part of our wider initiative to improve the quality of life for the people of Scotland. We believe that the combination of better legislation and our publicity campaign will make a real difference to communities across Scotland."

It is currently an offence under section 48 of the Civic Government (Scotland) Act 1982 for anyone in charge of a dog to allow it to deposit excrement in certain public places. Any person committing such an offence is liable, on summary of conviction, to a fine of up to £500. The new offence will make it an offence not to clear up in all public places and will allow the police and local authorities the option of issuing fixed penalty notices - £40 increasing to £60 if not paid within 28 days from the day after the offence was committed. Anyone wishing to contest a fixed penalty notice can request a hearing in which case the local authority will pass the papers to the Procurator Fiscal for consideration.

Page updated: Wednesday, July 21, 2004