Reaction to proposed new investigatory powers for Scottish SPCA to help tackle wildlife crime

Further to today’s excellent news (here) that the Scottish Government has (finally!) agreed to new proposed investigatory powers for the Scottish SPCA to help tackle wildlife crime, some of the early reactions are entirely predictable.

Those who are sick to the back teeth of the raptor killers getting away with it, as they have for decades, are delighted with the news. With more expert investigators on the ground, who knows, we may even finally see a conviction for those who continue to poison, trap and shoot the iconic golden eagle, which occurs disproportionately on land managed for driven grouse shooting.

Golden eagles. Photo: Chris Packham

Here’s the reaction to today’s news from the Scottish Greens:

SCOTTISH GREENS HAIL VITAL NEW SCOTTISH SPCA POWERS TO TACKLE WILDLIFE CRIME

The announcement that the Scottish Government will legislate to give additional powers to the Scottish Society for Prevention of Cruelty to Animals (Scottish SPCA) to investigate wildlife crime has been hailed by the Scottish Greens. 

The party’s nature spokesperson, Mark Ruskell MSP, called it “a massive step forward for animal welfare.”

The powers, which will be brought forward as part of the Wildlife Management and Muirburn (Scotland) Bill, will allow the Scottish SPCA to, in certain circumstances, search, examine and seize evidence in connection with specified wildlife crime offences.

Mr Ruskell said: “This is a massive step forward for animal welfare and the protection of the birds and animals that we all love. It is a change that the Scottish Greens and wildlife campaigners have long called for.

One of the main reasons wildlife crime is so rife is because the criminals know they can get away with it. These vital new powers will make them think again.

The Scottish SPCA does a fantastic job but, at present, it is not even allowed to gather evidence to prosecute wildlife crimes, even when they know about them. These powers will give them more bite and will greatly help the police in stopping those that would harm or kill our iconic species and wildlife. With these new powers, Scottish SPCA officers can help the police to build a case and catch perpetrators“.

ENDS

Here’s the reaction from RSPB Scotland:

We warmly welcome today’s announcement by the Scottish Government to extend the powers of Scottish SPCA Inspectors to allow them to search, examine and seize evidence in connection with specified wildlife crime offences as part of an investigation.

Our Head of Investigations in Scotland, Ian Thomson, had the following to say about the announcement: “We have been campaigning for this important measure for over a decade.

Until now, Scottish SPCA inspectors could investigate cases where animals were actively suffering, for example in an illegal trap, but they could not look for evidence of further identical traps where nothing had been caught, or where a victim had already been killed.

The closing of this loophole will be commended by all who want to see more resources devoted to tackling crimes against Scotland’s wildlife”.

ENDS

And in complete contrast, here’s the hilariously hysterical reaction from Scottish Land & Estates, the grouse moor owners’ lobby group, who must surely qualify for a Spitting the Dummy trophy by now:

Decision To Enhance SSPCA Powers Runs The Risk Of Hindering Wildlife Crime Prosecutions

A decision to extend the investigatory powers available to the SSPCA goes against the advice of an independent taskforce set up by the Scottish Government to examine the issue, Scottish Land & Estates said today.

The government said today that new powers will “allow the Scottish SPCA to in certain circumstances search, examine and seize evidence in connection with specified wildlife crime offences.”

The announcement comes just six days after a report from an independent taskforce examined three possible scenarios for future SSPCA powers and concluded that enhanced partnership working for the charity – rather than new investigatory powers – was the recommended route forward.

The taskforce recognised the difficulty in reconciling new investigatory powers with the SSPCA’s campaigning against legal land management practices including snaring and glue traps.

Crucially, the taskforce said that an extension of powers would be “fraught” and noted that Police Scotland raised extensive concerns about the proposals whilst the Crown Office highlighted the standards in evidence gathering, processing and reporting required.

Ross Ewing, Director of Moorland at Scottish Land & Estates, said:

The Scottish Government, not for the first time, has appointed an expert taskforce to examine an issue and take evidence from key stakeholders – and then chosen to disregard its recommendations.

We firmly support measures to address all forms of wildlife crime. It’s vital that those investigated have full trust in the impartiality of investigators. Where any form of search, examination or seizing of evidence is required, that should be the sole remit of Police Scotland.

If additional resource is needed to tackle this priority area, Police Scotland should be provided with that resource by the Scottish Government instead of powers being granted to a charity.

As the taskforce made clear in its report, there are substantial problems in allowing a campaigning organisation to hold key powers in investigating alleged criminality. The opposition of the SSPCA to legal land management tools such as snares is well known and surely calls into question their objectivity in any investigation.

The Scottish Government also states that SSPCA Inspectors will be required to undertake specified training prior to exercising new powers – but does not assert who will pay for this training.

Ultimately, SSPCA involvement could damage the likelihood of successful prosecutions where a crime has been committed if due process is not adhered to. This is a concern which Police Scotland raised in its evidence to the taskforce but is one that has been taken no notice of by the Scottish Government.

ENDS

I’d argue that it’s reactions like this that have led to the situation that the game-shooting industry finds itself in today. Everybody knows what goes on, everybody’s sick of it, and everybody (except those who might find themselves finally held to account) wants an end to it.

Essentially, the Scottish Government has, in my view, been forced to take this step due to a combination of (a) national (and international) embarrassment at its consistent failure to deal with the raptor-killing criminals, (b) constant denial of the bleedin’ obvious by the game-shooting industry leading to a complete loss of confidence by Govt Ministers, and (c) strong public opinion and pressure.

The so-called ‘concerns’ about the SSPCA’s professionalism are laughable, given that they’re already an official specialist reporting agency to the Crown Office so know all about ‘due process’, and through their skill, experience and expertise, routinely bring some of the most sadistic wildlife-abusers to justice, including badger baiters such as this depraved Millden Estate gamekeeper last year (here).

Increasing the SSPCA’s powers to enable them to investigate crimes relating to dead wildlife in addition to wildlife that’s still alive and suffering, should be such an obvious move that it should have happened years ago. The fact it’s taken this long to achieve even a small amount of progress is very telling indeed so kudos to Cabinet Secretary Mairi Gougeon, former Environment Minister Mairi McAllan, and current Environment Minister Gillian Martin for standing up to those who still think its 1898.

12 thoughts on “Reaction to proposed new investigatory powers for Scottish SPCA to help tackle wildlife crime”

  1. This may, if enacted correctly, be the final nail in the coffin of the organised criminals in Scotland routinely killing wildlife illegally.
    I’d like to pay tribute to this website who have been flogging this now undead horse since it was first suggested. Well done for your incisive, persistent highlighting of this ridiculous omission.

  2. I sincerely hope that this helps tackle the problems we see all too often but am fearful for the officers on the front line.

    Sent from Yahoo Mail on Android

  3. Let’s hope the government is serious about this and it’s enacted properly. If it is, it’s a game-changer and I look forward to the squeals of protest being drowned out by the cheers of delight of the majority

  4. If you are a firm believer that a “successful prosecution” arrises when there is insufficient evidence to bring anyone to trail, then of course you also believe that Ross Ewing is 100% correct.

    Nothing to hide? Nothing to worry about.

    It looks like we are seeing a wee bit of progress at last. I do hope that the new powers will allow the SSPCA to use covert cameras to collect evidence when they suspect a crime may be being commited.

  5. Thats very good news, whats not to like about it, not doing anything wrong, then nothing to fear, the wrong doers need to be stopped.

  6. My feeling is that this result has largely been due to the pressure put on the government by the work of RPUK and its supporters. Well done and let’s hope it is a portent of thsoe perpetraying these crimes being prosecuted and locked up.

  7. SLE’s response to the effect that this move risks SSPCA officers cocking things up through inexperience is laughable. I have no doubt that the officers selected for this work will be all too aware of the potential for things to go wrong and that this aspect will constitute a fundamental part of their training. They no doubt already have the broad basis of knowledge and experience required anyway. I look forward to hearing more about progress on this very significant and welcome step forward.

  8. If only England and Wales could take this approach. So many wildlife crimes happen here especially with bats. I see so many destroyed bat roosts it’s sickening. And they always get away with it.

    1. “If only England and Wales could take this approach.”

      Quite a big topic.

      The RSPCA say “We, unlike the police, have no special powers to gather evidence”

      The RSPCA also say “Wildlife crimes. There is a growing problem with rural crime and our Special Operations Unit are increasingly investigating more and more incidents of badger persecution, hunting with dogs and wildlife crimes such as bird trapping.”

      The RSPCA also point out “Everyone in England and Wales has the right to bring a private prosecution against someone who they believe has committed an offence.”

      See: https://www.cps.gov.uk/legal-guidance/private-prosecutions

      “So many wildlife crimes happen here especially with bats. I see so many destroyed bat roosts it’s sickening. And they always get away with it.”

      Yep. I once took the UK Government to the European Court of Justice over the proposed destruction of a rare colony of bats (under the Habitats Directive). After two years, it was the EU Commission who stepped in to block the case going forward.

      Curiously, the Bat Conservation Trust refused to help (“we can’t fight every case”).

  9. I am in no doubt that giving the SSPCA these additional powers will be of great help to all who wish to see the people who kill raptors brought to book for their crimes.
    A long overdue process now enacted, thanks to all who have brought this about.

  10. This is very good news indeed and small steps in the right direction. I’m sure those trained, have already got much experience!!! Makes sense to me. Well done Ruth as your, and Wild Justice, RPUK persistence in highlighting and tackling the perpetrators of these awful crimes has, at last, born fruit!! In Scotland at least. I am constantly (despite, having worked on the land previously and live out in the wilds) being told that I don’t know what I’m talking about, land and animals need to be managed and culled! If and when necessary! 1800 thinking indeed.

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