SNH says ‘no General Licence restrictions currently under consideration’ but what about these 9 cases?

The ability for Scottish Natural Heritage (SNH) to impose a General Licence (GL) restriction order on land where there is evidence of raptor persecution taking place came in to force on 1 January 2014. This measure, based on a civil burden of proof, was introduced by then Environment Minister Paul Wheelhouse in response to the continuing difficulties of meeting a criminal burden of proof to facilitate a criminal prosecution.

Whilst these GL restrictions are not without their limitations (because estates can simply apply for an individual licence instead –  see here, but also see here where SNH recently revoked an individual licence for alleged non compliance), Wheelhouse argued that as the restriction notices will be made public, they should act as a ‘reputational driver‘.

Since 1 January 2014, SNH has only imposed four GL restrictions. The first two were imposed in November 2015 (one for Raeshaw & Corsehope Estates in the Borders and one for Burnfoot & Wester Cringate Estates in Stirlingshire). Then there was a temporary halt for almost two years as Raeshaw & Corsehope Estates made a legal challenge which ended up with a judicial review in January 2017. The court’s decision was announced in March 2017 and SNH was found to have acted properly and lawfully. Since that decision was announced in March 2017, SNH has imposed two more GL restrictions: one for Edradynate Estate in Perthshire in September 2017 and one for an unnamed mystery gamekeeper in Aberdeenshire in September 2017.

Whilst we were pleased to see SNH impose these latest GL restrictions last month, we were also aware of a number of other raptor persecution incidents that have been recorded since 1 Jan 2014 that would potentially meet the criteria required for a GL restriction so we wanted to find out whether SNH was getting on with these.

Photo: an illegal pole trap filmed by RSPB Scotland on the Brewlands Estate in the Angus Glens, July 2015. These traps have been outlawed for over 100 years.

In early October we submitted an FoI to ask SNH how many cases were currently under consideration for a GL restriction. We are pretty shocked by the response received last week:

“At the time of your request, no General Licence restrictions were under consideration“.

Really? Why the hell not? We know of at least nine cases that should be being considered, and these are just off the top of our heads – there will be others, as we know Police Scotland is still withholding information about a number of other raptor persecution incidents.

Here are the nine incidents we know about that have all occured since 1 January 2014 when SNH was given the power to impose a GL restriction:

Newlands Estate, Dumfriesshire. Gamekeeper William (Billy) Dick was convicted in 2015 for killing a buzzard on the estate in April 2014. He threw rocks at it and then stamped on it. The estate owner was prosecuted for alleged vicarious liability but then the Crown Office dropped the prosecution in April 2017, saying it wasn’t in the public interest to proceed (see here).

Brewlands Estate, Angus Glens. A gamekeeper was prosecuted for the alleged repeated setting of a pole trap on this estate between 9-17 July 2015. The Crown Office dropped the prosecution case in April 2017 because the video evidence was deemed inadmissible (see here). Another gamekeeper on this estate thought this result was hilarious.

Unnamed pheasant-shooting estate, Lanarkshire. In September 2015 a set pole trap was discovered on a bench directly outside a pheasant-rearing pen on an unnamed estate. Police Scotland apparently dropped the case, for unknown reasons.

Gamekeeper in Ayrshire. In May 2016 a named gamekeeper was charged after allegedly being caught using gin traps on a neighbouring farm of the estate on which he was employed. The Crown Office dropped the prosecution in March 2017 after reportedly ‘getting the dates wrong on its paperwork’ (see here).

Invercauld Estate, Aberdeenshire. In June 2016, walkers discovered a number of illegally-set spring traps staked out on a grouse moor. Two of the traps had caught a Common Gull by the legs. The bird had to be euthanised. There was no prosecution. ‘Some action’ was taken by the estate but whatever this action was it has remained a closely-guarded secret between the estate, the Cairngorms National Park Authority and the Scottish Government (see here).

Glendye Estate, Aberdeenshire. In January 2017 a number of illegally-set spring traps were discovered on a grouse moors on this estate. The Estate Factor and gamekeeper reportedly removed the traps and denied all knowledge of who had set them (see here). There was no prosecution.

Leadhills Estate, South Lanarkshire. On 4th May 2017, witnesses observed the shooting and killing of a hen harrier on this estate. Police Scotland appealed for information (see here & here). As far as we’re aware, there are no impending prosecutions.

Leadhills Estate, South Lanarkshire. On 31 May 2017, witnesses observed the shooting and killing of a short-eared owl on this estate. The corpse was retrieved and sent for a post-mortem. Police Scotland appealed for information. As far as we’re aware, there are no impending prosecutions.

Unnamed grouse shooting estate, Monadhliaths. On 7 June 2017, a member of the public found a buzzard caught in an illegally-set spring trap that had been staked out on an unnamed grouse moor in the Monadliaths. The buzzard was released. Police Scotland appealed for information. Inspector Mike Middlehurst of Police Scotland commented, “Unfortunately, there are some who continue to deliberately target birds of prey; there is nothing accidental in the setup of these traps“. As far as we’re aware, there are no impending prosecutions.

So why haven’t any of these cases been considered for a GL restriction? Is it because SNH is still waiting for Police Scotland to provide ‘formal information packages’ on these cases? (Remember, SNH can only consider potential GL restrictions based on evidence provided to them by Police Scotland). We know that Police Scotland has been slow in delivering this info to SNH in the past (e.g. see here) – are they still dragging their feet?

Or, is it the case that Police Scotland has already provided information to SNH about each of these nine cases and SNH has, for whatever reason, decided not to impose a GL restriction?

Isn’t it in the public interest to know, and importantly to understand, what is happening with these cases? We think so. And that’s why we’ve submitted an FoI to find out.