Codes of practice for grouse moor management & muirburn in Scotland – an update

Last week I wrote about the Wildlife Management & Muirburn (Scotland) Bill gaining royal assent and becoming the Wildlife Management & Muirburn (Scotland) Act 2024 (see here).

The next big step in the process of this new legislation being enacted is the provision of the two codes of practice that are required to support the new law – a code of practice for grouse moor management and a code of practice for muirburn.

Grouse moors like these at Leadhills (known locally as Dead Hills) in south Scotland will now be subject to licensing rules. Photo by Ruth Tingay

The now former Environment Minister Gillian Martin MSP wrote to the Rural Affairs Committee in January 2024 to set out the progress made so far on developing these two codes of practice (see here).

Last week officials from NatureScot sent a further progress update to those of us who had asked to be kept informed.

As you’ll see (below), progress isn’t exactly speeding along but I think that’s ok – it’s better to take the time and get things right rather than rush through new rules that end up being unworkable or leave gaping loopholes that the grouse shooting industry would happily exploit given half a chance.

Here is the latest progress report from NatureScot (sent prior to the Wildlife Management & Muirburn (Scotland) Bill receiving royal assent):

There’s clearly still a lot of work to do but NatureScot has time. It’s proposed that the grouse moor management code of practice and licensing scheme takes priority and is finalised by mid-summer, presumably in time for it to be up and running by the start of this year’s grouse shooting season on the Inglorious 12th August.

The muirburn code of practice and licensing scheme, as well as details of the mandatory training courses for both muirburn and the use of certain wildlife traps, will then follow. It’s currently anticipated that the code of practice for muirburn will be finalised by early 2025.

It remains to be seen whether the recent election of John Swinney as the new SNP leader (and presumed soon-to-elected First Minister) will have an impact on the development and content of these codes of practice and licences. Swinney will want to appoint his own top team – he’s already promised Kate Forbes MSP “a very involved, senior position” which probably leans more towards deputy First Minister and finance than agriculture/environment but let’s see. There’s speculation that John Swinney will lean towards reshuffling his junior Ministers rather than the Cabinet Secretaries (with the exception of whatever senior role is given to Kate Forbes).

Current Agriculture & Transport Minister Jim Fairlie MSP is currently the nearest the Scottish Parliament has to an Environment Minister, playing a supporting role to the very experienced Cabinet Secretary for Rural Affairs, Land Reform & Islands, Mairi Gougeon. Fairlie has been deeply involved with the development of the Wildlife Management & Muirburn Act, having served on the Rural Affairs Committee that was responsible for the scrutiny of this Bill prior to his appointment as a junior Minister. It’ll be interesting to see whether he’s allowed to continue or whether he’s replaced by someone with less experience of these issues.

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