A Scottish grouse moor-owning baron, an illegally pole-trapped peregrine and a Ministerial post in DEFRA

Yesterday it was announced that Robbie Douglas-Miller OBE has been appointed as a Parliamentary Under Secretary of State in the Department for Environment, Food and Rural Affairs (DEFRA).

Eh? So an unelected billionaire who likes to wear a crown has conferred a Barony on some other bloke which then allows that other unelected bloke to be given a Ministerial role in DEFRA, which has been approved by the unelected billionaire who likes to wear a crown, and we’re all supposed to accept this is a functional democracy? Good grief.

That new unelected DEFRA Environment Minister, Baron Douglas-Miller, is believed to be the same Robbie Douglas-Miller who just happens to be the sole director of Moorfoot Capital Management Ltd which owns a grouse moor (Hopes Estate) in the Lammermuirs in south Scotland. Along with Lord Benyon, that’ll now be two grouse moor-owning Environment Ministers in DEFRA.

Douglas-Miller has, according to this article in the Guardian, been accused of ‘obstructing public access‘ by ‘apparently making it difficult for walkers to access a site East Lothian’s Lammermuir Hills, which is part of his Hopes Estate‘.

It’s not the first time access issues have been raised at Hopes Estate. In 2017, fieldworkers from the Scottish Raptor Study Group published two scientific papers about their long-term monitoring of merlins on grouse moors in the Lammermuirs and how that came to an abrupt end in 2015 after they were suddenly refused vehicular access, having previously enjoyed a good cooperative relationship with landowners and gamekeepers for many years. They believed that the relationship breakdown was a result of them highlighting some of the intensification of management practices on those grouse moors. Their study area covered several estates including the Hopes Estate (see here and here).

It’s worth noting that none of these grouse moor management practices were unlawful (at the time), and indeed the fieldworkers did not find any evidence of illegal raptor persecution, but their criticism of the increased use of bridge (rail) traps that were catching / killing non-target species such as dippers, merlin and ring ouzels, and the killing of mountain hares that were then dumped in stink pits was an issue of concern to them.

The Hopes Estate had achieved accreditation in 2013/14 under the Wildlife Estates Scotland (WES) scheme, which is administered by landowners’ lobby group Scottish Land & Estates and was chaired for several years by Robbie Douglas-Miller.

Estates that are awarded accreditation under the WES scheme have to meet certain criteria, including:

  • Commitment to best practice
  • Adoption of game and wildlife management plans that underpin best practice
  • Maintaining species and habitats records
  • Conservation and collaborative work
  • Integration with other land management activities (such as farming, forestry and tourism)
  • Social, economic and cultural aspects (such as employment, community engagement and communications)

The WES scheme was first piloted in 2011 and was believed to be in response to MSP Peter Peacock’s call in 2010 for an estate licensing scheme to combat ongoing raptor persecution (see here). The scheme was then rolled out fully in 2013 but not without some healthy scepticism of it being a greenwashing exercise (see here).

Since then, in general, I think it’s probably been a good thing for estates to aspire to, although a number of estates in the WES scheme have had wildlife crime incidents recorded on their land, e.g. Invercauld Estate (see here and pay attention to the letter written by the estate to the then Environment Minister where the estate quoted its membership of the WES scheme as an example of its apparently good stewardship. Of course, this estate is now currently serving a three-year General Licence restriction after further evidence of wildlife crime was uncovered there, including what Police Scotland described as the ‘deliberate’ poisoning of a golden eagle – here).

In addition, the WES-accredited Newlands Estate in Dumfriesshire saw one of its gamekeepers convicted for killing a buzzard after he threw rocks at it before repeatedly stamping on it (see here and here). To be fair, when challenged about the estate’s WES accreditation in light of the gamekeeper’s conviction, WES stated that the estate’s accreditation had been ‘suspended’ (note, not revoked, see here) although for how long, who knows?

And just this week, another WES-accredited estate is at the centre of a police investigation after a dead peregrine was found in a baited illegal pole trap in the Pentlands (see here). The Police Scotland appeal for information stated that the dead peregrine ‘was found around 100 yards from a public path on the edge of a small woodland south of Wester Bavelaw on Thursday, 23 November, 2023′.

According to Andy Wightman’s Who Owns Scotland website this ‘small woodland south of Wester Bavelaw’ appears to be on the Bavelaw Estate:

The Bavelaw Estate, according to its own website, is a WES-accredited estate and says this about it:

Over the last five years, The estate have enhanced habitat across the board, including planting over 50 ha of mixed native woodland, peatland restoration, the creation of wetland areas, including wader scrapes and ponds, restoration of riparian habitats and heather and bracken swiping as well as connecting wildlife corridors. Additionally, restoring 7,861 sq Km of public access paths.

The assessor was extremely impressed with the integrated management direction the Estate is taking and specifically referenced the undeniable passion and enthusiasm for nature that both the landowner and his employees have‘.

Photo by RPUK blog reader

Interestingly, and again according to Andy Wightman’s Who Owns Scotland website (data collected 10 July 2023), Bavelaw Estate is owned by Robert, Andrew, Robert and Edward Douglas-Miller as Trustees of Firm of Bavelaw Castle Farm:

Now, to be absolutely clear and for the avoidance of doubt, there is no suggestion whatsoever that Robbie Douglas-Miller, or his relatives, or indeed anyone associated with Bavelaw Estate is responsible for, or had any knowledge of, the setting and baiting of that illegal pole trap that killed the peregrine. The police investigation is ongoing and we’ll just have to wait and see whether the police appeal for information brings forward any witnesses and whether the forensic analysis identifies a suspect.

I genuinely expect Robbie Douglas-Miller will have been as horrified as the rest of us and will be eager to know who set that illegal trap, and who might also be responsible for other incidents of raptor persecution / wildlife crime in the area, e.g. the illegally poisoned peregrine found about half a mile away in 2018 (here), the suspicious disappearance of golden eagle Fred a few kilometres away in 2018 (here) the merlin nest that was shot out in 2017 (here) and the raven shot on its nest in 2016 (here).

Nevertheless, it appears that a heinous wildlife crime has been detected on another WES-accredited estate, and that the apparent new DEFRA Environment Minister is a co-Trustee of the company that owns the estate.

As an aside, I was interested to see the game-shooting lobby was very quick to deny that the pole-trapped peregrine had anything to do with grouse shooting – indeed, MSP Rachael Hamilton even stated as much in the Chamber during Thursday’s parliamentary debate on the Wildlife Management Bill (“…there is clearly no link to a grouse moor management…“, here). How does she know?!

There is driven grouse shooting on neighbouring land to Bavelaw and Bavelaw was once a prominent grouse shooting estate itself (the lines of grouse butts are marked on the OS map) but it is believed that Bavelaw is currently managed as a sheep farm, although there is evidence that muirburn takes place but it doesn’t look like the intensive muirburn typically associated with a driven grouse moor:

Bavelaw Estate. Photo by RPUK blog reader

What’s really interesting then, is why the Bavelaw Estate was a signatory on a recent letter sent to Environment Minister Gillian Martin where nearly 400 rural businesses expressed their concern that a grouse moor licensing scheme would be detrimental to their interests (see here). You can’t have it both ways – either there’s a link to grouse shooting or there isn’t.

I really don’t know what to make of Robbie Douglas-Miller’s appointment as an Environment Minister in DEFRA. What can a prominent grouse moor owner, member of Scottish Land & Estates and a former GWCT Director bring to the policy table? Perhaps he’ll use his experience of chairing the WES scheme in Scotland to try and impart some sense to the appalling and unregulated mismanagement of England’s grouse moors? Although given SLE’s open-mouthed hysteria about the proposed grouse moor licensing scheme in Scotland, that doesn’t seem likely.

UPDATE 7th December 2023: More information emerges on new, unelected DEFRA minister (here)

22 thoughts on “A Scottish grouse moor-owning baron, an illegally pole-trapped peregrine and a Ministerial post in DEFRA”

  1. Thanks very much for more intriguing detail RPUK – learn so much from your site and you do such vital work
    Interestingly enough there was an organised shoot less than 4miles away from Bavelaw on the other side of Balerno as crow flies this very morning, on Earl of Morton’s land, with the Earl at the shoot. I think pheasants being shot- lots of feeders in the area .Presumably that will be another voice speaking out strongly against these awful crimes
    Many don’t appreciate how much happens even on edge of cities

    1. I said shoot ‘was going on’ . Correction- it’s still happening just moved a mile or two
      Really feels like they can do what they want and who cares who has to endure the noise, quite apart from environmental issues

  2. Speaks for itself….the public will join the dots for themselves.

    Another example of why our system is broken and our wildlife continues to be systematically stripped by a small group of wealthy and selfish indivuduals, as the public is forced to stand and watch.

  3. .They always put their own men in power and this is a sign of them digging in both politically and behind the scenes in my opinion. They have put the SNP on notice. I will not speak to their integrity as the article above has illuminated enough of the goings on for onlookers to make their own judgement in that area.

  4. Strange appointment. Is no one available down south for this English Department or will they not touch it with a barge pole so a Scottish landowner is invited to take over?

  5. It’s strange, because King Charles just said at COP28, that the Earth does not belong to us. But at the same time, he and members of his government, are saying “get orf my land”.

    1. I look forward to reading your evidence that Labour will do ANYTHING to stop the continued devastation of England’s moors and the wildlife that should be in abundance on them.
      But perhaps you were being ironic?

  6. I did think the shooting industry in England would dig in with the developments in Scotland. Maybe his appointment is part of that hardening stance. The government’s policy on getting the over 50s back to work has now had a second success after Lord Cameron re-entered the workforce

  7. Never mind the shenanigans at DEFRA and the constant conflicts of interests involved as a 3rd generation republican WTF is the crowned fool doing involved at all with the democratic process. ~Ah I see it is being circumvented to get one of their own at DEFRA. The sooner this lot in Westminster are given the bums rush the better.

  8. With ref. to the Lammermuir Merlins, I remember the rail traps caught Dipper and Ring Ouzel as by-catch, but not Merlin as you say. Happy to be corrected, although ‘happy’ not really appropriate here.

    1. Hi Christopher,

      There’s reference to a merlin being killed in a Fenn trap in the authors’ 2017 paper, ‘Population and breeding biology of Merlins in the Lammermuir Hills’.

      It’s not unique to the Lammermuirs either – a gamekeeper was cautioned after a merlin was caught in (an illegally-set) Fenn trap on a grouse moor in Northumberland in 2018: https://raptorpersecutionuk.org/2018/08/17/gamekeeper-cautioned-after-merlin-killed-in-illegally-set-trap-on-grouse-moor/

  9. All of this should come as a surprise to nobody in the U.K there has always been a system used which means there is only a law which applies to the ordinary man in the street but the wealthy land owning rich have ALWAYS been able to do whatever they want to do it was these that the laws were made to protect in the first place if you have any doubts about this just look at the royals.

  10. If anyone believes the UK is a democracy they’re delusional. In my current book the 1917 revolution is very inspiring.

  11. We have a totally dysfunctional democratic system. There should never be an unelected government ministers, but we don’t need to look any further than David Cameron to show that that the Tories have no regard for democracy. Little wonder they are disappearing as a political party. Thanks to this blog for opening my eyes.

  12. Again we see rich folks governing wildlife, and havingvthe controlling power to dismiss crimes, and hide persecution, let’s face it, they may as well just call defra, death extermination, force raptors away, after all so far they have managed to hide every single crime, and make them go away, for so many birds of prey that should have big numbers in their own habitat have become endangered, and are close to Extinction again, but still only a couple of criminal cases have been to court, and they didn’t exactly make people afraid to continue to kill birds of prey, we need a tough system that will take down these big industries, game birds are not more important than birds of prey.
    Our native nature should be protected by us from these massive money making monsters, after all is said and done, the law is not able to penetrate the wealth of these big conglomerates, and as the law stands, it is not enforceable, the whole structure is too weak, we need this new bill to be passed, at least then the law will be able to act on speculative evidence, ie locations, and proximity to driven grouse moors, at this time the land owners and managers will have to abide by the laws for a change, and there will be consequences for those who break the law.
    In the meantime we will just have to be vigilant, and anyone who is able to see or capture evidence of crimes should report every single event, especially when there could be a chance that they can try and pervert the course of justice, ie try and move evidence away from their land, this will be the next trick they use to try and avoid prosecutions.
    However if all birds are tagged we would have a better understanding of how the crimes are being committed, and obviously the tags will give away the locations, the other problem will be the gun wielding game keepers will want to move away from the land they protect to kill birds, so I expect to see a lot more crimes moving into areas not used for grouse killing.

  13. Cronyism?..
    Would it be fair to suggest the promotion of unelected individuals into positions of office within the government, demonstrates nothing other than a corruption of the principles of an open and honest democratic system in which the populous decide who governs?
    If I am understanding this correctly, what makes this even more unpalatable, is that the whole process has been legitimised, so that individuals in government can look after the interests of their friends and supporters by enabling the appointment of unelected individuals to the House of Lords, who can then become member of the government.

    I would like to hope Douglas-Miller has a genuine interest in nature and wildlife conservation and recovery. But my suspicion is that his view of what constitutes conservation will probably be influenced by managing the land for game bird shooting rather than genuine wider biodiversity enhancement, and the need to enact tough policies to eradicate raptor persecution.

  14. Many thanks unbelievable stinks like one of their stink pits. As previously mentioned there is no democracy in the UK.

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