Month: January 2015

Subsidy penalty for convicted vicarious liability landowner

Last month we blogged about the Scottish landowner who was the first to be convicted under the new vicarious liability legislation which came in to force on 1st January 2012.

Ninian Robert Hathorn Johnston Stewart of the Physgill & Glasserton Estates was found guilty of being vicariously liable for the actions of his gamekeeper, Peter Finley Bell, who had laid out a poisoned bait which killed a buzzard. Bell was also found to be in possession of three banned poisons (see here).

The landowner’s conviction was met with mixed feelings. Many of us were pleased to see a successful prosecution in what was a landmark case, but there was widespread disappointment in the derisory fine of just £675.

A number of blog commentators asked whether the landowner would also be hit by a Single Farm Payment penalty for cross compliance breaches. We weren’t able to answer that at the time, although we knew that the use of a banned poison to kill a protected wild bird would certainly merit a penalty.

Well, it turns out that Mr Johnston Stewart was indeed hit with a subsidy penalty. According to his defence agent (David McKie),

“He [Johnston Stewart] had already been penalised substantially via a high five-figure deduction to his single farm payment“.

We don’t know what that “high five-figure deduction” was (presumably somewhere between £10,000 – £99,999), nor do we know how it was calculated, nor what percentage it was of his annual subsidy payment. Nevertheless, it’s good to hear that a penalty was imposed so well done to SGRPID (Scottish Government, Rural Payments & Inspections Directorate) for being on the ball.

Wouldn’t it be good if this sort of detail was easily available in the public domain? We’d like to know how these public subsidies are being distributed (or revoked) and it surely has a deterrent value for other landowners who might just be persuaded to take a closer look at what their gamekeepers are up to. A section on this in the Scottish Government’s annual wildlife crime report wouldn’t go amiss….

The face of ‘modern landownership’ in Scotland

This is a belter. Surely inspired by the Gloria Gaynor classic, a Scottish estate owner has erected signs on his land telling the RSPB they’re ‘not welcome’.

Go on now go

Walk out the door

Just turn around now

‘Cause you’re not welcome anymore

John Mackenzie, who owns the massive Gairloch and Conon Estates, said he’d put up the signs because:

“It is years of frustration and anger boiling over. Landowners, farmers and gamekeepers have always been an easy target, blamed by the society [RSPB] for the poisoning and shooting of raptors“.

Er, wouldn’t that have something to do with the fact that the majority of those convicted for poisoning and shooting raptors are, erm, gamekeepers working on shooting estates?

He went on to say he was “irritated” to find out that the RSPB had been “driving around looking at things themselves“. How dare they!

Ironically, the Conon Estate is close to the area where 22 raptors were found dead last spring in what has been termed the Ross-shire Massacre – 16 of them confirmed illegally poisoned (still no information on the other six).

Poor old Laird MacKenzie. He knows he can’t stop the RSPB, or anyone else for that matter, accessing his land, but he thought he’d stick up his signs anyway. Bless.

We wonder how his actions fit in with the recently launched Landowners Charter? Prepared by Scottish Land & Estates and published last September, this charter ‘sets out a commitment to the principles and responsibilities of modern landownership in Scotland’. The ‘four pillars’ of this charter are for landowners to be open, inclusive, enabling and responsible.

Not rude, arrogant, intolerant and stupid, then?

Bring on the land reform.

Article in Daily Mail here

Article in Daily Telegraph here

Article on BBC news website here