Environment Minister answers PQs on poisoning & vicarious liability

Claire Baker MSP has been asking some more pertinent parliamentary questions….

Question S4W-13709: Claire Baker, Mid Scotland and Fife, Scottish Labour, Date Lodged: 14/03/2013

To ask the Scottish Government how many (a) investigations, (b) arrests and (c) convictions there have been for the offence of vicarious liability under the Wildlife and Natural Environment (Scotland) Act 2011.

Answered by Paul Wheelhouse (26/03/2013): Since the vicarious liability provisions in the Wildlife and Natural Environment (Scotland) Act 2011 came into force on 1 January 2012 there have been no arrests, prosecutions or convictions of people for vicarious liability for relevant offences. Vicarious liability is not in itself an offence, but rather a land owner or manager may be held to be vicariously liable for relevant offences as set out in Section 18, Wildlife and Countryside Act (1981). The relevant offences under the Wildlife and Countryside Act 1981 are those in:

Section 1(1), (5) or (5B)

Section 5(1) (a) or (b)

Section 15A (1)

These offences are in relation to the intentional or reckless killing, injuring of a wild bird or the damage to, or destruction of a nest or egg(s); the prohibition of certain methods of killing wild birds (e.g. by the use of traps or poisons); and the possession of certain prescribed pesticides.

Vicarious liability can be considered in relation to all relevant offences that are investigated or prosecuted. When any investigation for a relevant offence is ongoing, the possibility of an arrest or prosecution under the vicarious liability provisions will be considered.

Question S4W-13710: Claire Baker, Mid Scotland and Fife, Scottish Labour, Date Lodged: 14/03/2013

To ask the Scottish Government how many poisoned baits have been discovered and how many (a) birds and (b) other animals have been poisoned in this way since 2008, broken down by (i) year and (ii) species.

Answered by Paul Wheelhouse (27/03/2013): The available information on poisoned baits and the poisoning of birds and other animals is shown in the following table.

Science and Advice for Scottish Agriculture, collate and publish data on animal poisonings information on a quarterly and annual basis on their website.

We’re still waiting for the Environment Minister to issue a statement on his intended course of action following the reports of two buzzards, shot and killed in two separate incidents before Easter…..