Question reference: S5W-14484
- Asked by: Christine Grahame, MSP for Midlothian South, Tweeddale and Lauderdale, Scottish National Party
- Date lodged: 9 February 2018
-
Current status: Answered by Roseanna Cunningham on 23 March 2018
Question
To ask the Scottish Government, further to its announcement regarding banning the use of electric shock collars on dogs, what its position is on the (a) view that it cannot do so on the basis that it may be subject to judicial review and (b) judgement in the action between The Queen on the application of Petsafe Ltd and The Electronic Collar and Manufacturers Association and the Welsh Ministers of 8 October 2010, where a challenge to regulations in Wales was rejected.
Answer
Any new legislation, particularly that which bans the use of a product, may be challengeable by judicial review. As such, any secondary legislation under section 26 of the Animal Health and Welfare (Scotland) Act 2006 is not barred to us.
It would not be appropriate for the Scottish Government to comment on judgments issued in particular cases in Scotland or other parts of the UK.