Month: February 2014

Over recent weeks we’ve blogged about the increased calls on the Scottish Government to do more in the fight against raptor persecution.

First there were the hundreds of emails sent by the general public following the discovery of poisoned golden eagle Fearnan, found dead on an Angus grouse moor in December (see here). This was followed by a parliamentary motion condemning the illegal killing of birds of prey in Scotland (see here), closely followed with an amendment calling for sufficient resources to tackle raptor persecution and a review of game management legislation to assess whether further measures could be introduced (see here). Shortly afterwards came calls from the RSPB, the Scottish Raptor Study Group and the Scottish Ornithologists’ Club for estate licensing to be introduced (see here and here).

This was a prime opportunity for our Environment Minister, Paul Wheelhouse, to take advantage of such overwhelming public backing and really put his money where his mouth is. Instead, we got this, his generic response sent out by his aide towards the end of January:

Dear Sir or Madam,

Thank you for your recent letter to the Minister for Environment and Climate Change, Mr Paul Wheelhouse. I have been asked to respond.

Mr Wheelhouse was appalled to hear that the young golden eagle Fearnan had been illegally poisoned in Angus. This was particularly disappointing coming as it did at the end of the Year of Natural Scotland, which had seen the golden eagle voted as Scotland’s favourite of the ‘Big Five’ species in an exercise conducted by Scottish Natural Heritage. While it is entirely understandable that there is a strong public interest in knowing more about the case, the Minister hopes you will understand that as there is a live and ongoing police investigation, it would be inappropriate for Scottish Ministers to comment further.

Clearly this has focused the attention of all who care about our wildlife on raptor persecution issues more generally. In recent years we have made some progress in reducing the number of raptor poisonings – down to three in 2012, but at the time of publication the Minister made it abundantly clear there would be no room for complacency, given the risk of a change to other forms of persecution. However, while the final numbers for 2013 have not yet been published, it does appear that there was an increase in confirmed poisonings. There were also a number of illegal shooting and trapping incidents involving raptors last year.

Mr Wheelhouse believes that these crimes have only served to reinforce the need for the new measures he announced in July 2013. These new measures were:

• Scottish Natural Heritage to restrict the use of General Licences on holdings of land where there is reason to believe that wildlife crime has taken place. The 2014 General Licenses now contain an enabling paragraph making it clear to users that SNH can act where they believe it is appropriate to do so.

• A review of the penalties associated with wildlife crime. The aim here is to ensure that the penalties for these offences are an adequate deterrent and that they properly reflect the damage that can be caused to ecosystems. The Minister will shortly announce further detail on the nature and scope of this review.

• To encourage the use of the full range of investigative techniques at their disposal by Police Scotland, to identify and bring to justice the criminals responsible for wildlife crimes in Scotland, a measure fully and publicly supported by the Lord Advocate. A number of meetings have taken place involving the Lord Advocate in ensuring this is delivered.

Tackling raptor persecution remains a key priority for the Scottish Government and we will monitor the impact of these new measures. We believe there is a strong legal framework in place in Scotland. The key now to defeating wildlife crime is effective and robust enforcement action and we will work hard to ensure support and encouragement for those involved in law enforcement to put an end to this blight on Scotland’s reputation. Yours sincerely,

Karen Hunter

Wildlife Crime Policy Officer

So here we have a situation where the Minister actually admits that the measures are not working (he acknowledges an increase in the reported poisoning figures from 2012-2013) but claims ‘we have made some progress’. Let’s just be clear – no, we haven’t made any progress. Raptor persecution continues on land used for game-shooting, just as it has for decades, and most of the criminals are still getting away with it without any fear of being prosecuted, with just a handful of exceptions. How that can be dressed up as ‘progress’ is unfathomable.

Wheelhouse still claims that the latest measures need to be given time to take effect (see here for his comments to the BBC two weeks ago). One of the measures he’s talking about is the introduction of vicarious liability. VL was introduced from 1st January 2012 – that’s more than two years ago – and still there hasn’t been a single prosecution. A more recent measure is one he suggested last July that has just come in to effect (as of Jan 1st) – the power given to SNH to restrict the use of general licenses on land where they suspect illegal persecution has taken place. Can anyone actually see landowner-loving SNH enforcing this restriction? Time will tell – and given that we’ve already had the first reported illegal poisoning incident this year (see here) it’ll be a good test. We’re not holding our breath.

For how much longer does Wheelhouse expect us to stand by and watch as our raptors are poisoned, trapped, shot and bludgeoned to death while he’s still dicking around saying ‘we need more time, more time’? Conveniently, he hasn’t actually stipulated a time frame.

We don’t need more time at all. NOW is the time to get hold of these filthy criminals and he’d find he has the support of thousands of people if only he had the guts to do what he knows is needed.

Ironically, he also told the BBC this: “Robust and effective law enforcement is the next step in the continued efforts made here in Scotland to tackle ongoing crime“.

He knows fine well that the most effective and robust law enforcement will come by increasing the investigatory powers of the SSPCA. We’ve been waiting for three years now for the promised public consultation on this important issue – here’s the timeline:

Feb 2011: The consultation was first suggested by former MSP Peter Peacock as an amendment during the WANE Bill debates. The then Environment Minister Roseanna Cunningham rejected it as an amendment but suggested a consultation was in order.

Sept 2011: Seven months later MSP Elaine Murray lodged a parliamentary motion that further powers for the SSPCA should be considered.

Nov 2011: Elaine Murray MSP formalised the question in a P&Q session and the next Environment Minister, Stewart Stevenson, then promised that the consultation would happen in the first half of 2012.

Sept 2012: 9 months later and nothing had happened so we asked Paul Wheelhouse, as the new Environment Minister, when the consultation would take place. The response, in October 2012, was:

 “The consultation has been delayed by resource pressures but will be brought forward in the near future”.

 July 2013: 10 months later and still no sign so we asked the Environment Minister again. In August 2013, this was the response:

 “We regret that resource pressures did further delay the public consultation on the extension of SSPCA powers. However, I can confirm that the consultation document will be published later this year”.

Sept 2013: At a meeting of the PAW Executive Group, Wheelhouse said this:

“The consultation on new powers for the SSPCA will be published in October 2013“.

Jan 2014: In response to one of our blog readers who wrote to the Minister to ask why the consultation had not yet been published:

“We very much regret that resource pressures have caused further delays to the consultation to gain views on the extension of SSPCA powers. It will be published in the near future“.

Does anyone still believe that tackling raptor persecution is a Scottish Government ‘key priority’?