Dogs should not be treated as a commodity or possession, according to a key Scottish Parliament committee.
At the same time greater importance must also be placed on the emotional feelings of owners in the event of the theft of their pet.
Three major dog organisations – The Guide Dogs for the Blind Association, Dogs Trust and the Scottish SPCA – insist the current law is “inadequate” because it treats dogs as a possession.
Similarly Police Scotland also agreed that the current common law crime of theft fails to reflect “sufficiently” the impact on families.
Speaking at Holyrood last week, Finlay Carson, convener of the Rural Affairs and Islands Committee, said that a “stand-alone, statutory offence” could recognise dogs as sentient beings.
However giving evidence on behalf of the committee, he admitted that such a move would not act as a deterrent, nor would it change how an offence would be investigated or prosecuted.
The lack of a dedicated budget for an awareness raising campaign, something previously considered, was also unlikely to act as a strong deterrent.
Examining the Dog Theft (Scotland) Bill, a member’s bill drawn up by Maurice Golden MSP, MSPs considered the theft of an assistance dog asan aggravated offence.
While the RAI committee accepted such a theft would have a “serious, life-changing impact on its owner, there have been no instances or cases having come to court.
Mr Carson said: “The court system can already take into account the impact of the theft. It is not clear to the committee, therefore, that this is a proportionate provision.
“In respect of other types of working dogs, whilst incomparable to the life-changing impact the theft of an assistance dog would have on its owners, the committee agrees the theft of a working dog – such as asheepdog – would cause emotional distress and could significantly impact its owner’s ability to carry out their work.
“The committee, therefore, recommended that the proposed aggravation is extended to reflect other working dogs.”
Supporting the general principles of the Bill, the RAI committee agreed it would be useful to amend the Scottish crime recording standard in order to improve data collection.