The Scottish Government’s Wildlife Management & Muirburn (Scotland) Bill is making its way through the parliamentary process. For new readers, this is proposed new legislation to regulate grouse shooting and its associated management practices by way of licensing schemes, introduced because of the continued illegal persecution of birds of prey on many Scottish grouse moors.
The Bill passed Stage 1 on 30 November 2023 (here) when the Parliament voted to approve the general principles of the Bill.
Stage 2 is now fast approaching. This is the stage where any MSP can lodge amendments to the Bill (there is no restriction on how many may be lodged and, given the contentious nature of the Bill, it is anticipated that there will be hundreds of them).The cross-party Rural Affairs & Islands Committee will begin to consider the amendments at a meeting on 24th January 2024.
This may cause some alarm, given that some prominent members of the Rural Affairs Committee, including its Chair, voted against even the general principles of the Bill, but whatever amendments the Committee chooses to accept/reject at Stage 2, there will be an opportunity for amendments to be challenged/overturned at Stage 3, especially where they go against Government policy. [For a useful guide to what happens during the progression of a Bill in the Scottish Parliament, see here].
The deadline for submitting amendments for Stage 2 is 18 January 2024 so as you can imagine, there is a huge amount of background lobbying going on at the moment, both by conservationists and by the game shooting sector, in an attempt to (a) strengthen the Bill [the conservationists] and (b) weaken the Bill [the game shooting industry].
The tabled amendments are all being published on this page so it’s well worth keeping an eye on this over the coming week.
Two MSPs have tabled amendments so far – some are very sensible, others are simply bonkers (but entertaining, nevertheless). To help you interpret the amendments, you’ll need to refer to the details of the Bill (as introduced in March 2023) to understand the context of these amendments. Here’s the Bill (as introduced) to help you:
A sensible amendment has been tabled by John Mason MSP (SNP), who is suggesting that any fees charged to those applying for a grouse shooting licence ‘must be sufficient to cover any expenses and costs incurred by the relevant authority in carrying out its functions‘.
I’ve got no disagreement with that at all. Ten years ago journalist George Monbiot pointed out that the taxpayer already subsidises shotgun licencing in the UK as well as grouse moor owners – the Scottish Government needs to ensure that its grouse shooting licensing scheme is fully funded by the industry and not subsidised by taxpayers.
Edward Mountain MSP (Conservative) (who has featured on this blog previously here, here, here and here) has tabled 44 amendments, a few of which are sensible, but most of which are predictably designed to undermine the strength of the Bill.
Here are some amusing examples that I picked out from Ed’s amendments (this is not an exhaustive list by any means, just ones that jumped out).
Ed’s amendment #10 suggests that any trap user over the age of 40 years and who has used the trap in question for at least 10 years consecutively can skip having to complete an approved training course and should just get a trap licence automatically:
Eh? Why should anyone over the age of 40 years be exempt from completing a training course?! Nobody should be exempt if they are using traps to kill a sentient being, let alone anyone over the seemingly arbitrarily-chosen age of 40! Given the wide age-range of gamekeepers convicted for wildlife crime, including trap offences, there’s no evidence to support an exemption from training for the over 40s.
Moving on, Ed’s amendment #17 appears to be an attempt to prevent the ability of the Government to add pheasants and red-legged partridges to the licensing scheme if required:
As you may recall, the Government has not included pheasants or red-legged partridges in its proposed grouse moor licensing scheme, despite the recent upsurge of these gamebirds being released on grouse moors (see here), but the Bill does provide the capacity for these species to be added (i.e. a licence would be required to shoot them) if evidence emerges that wildlife crimes are being committed on grouse moors where these species have been released for shooting.
Ed is proposing that only gamebirds listed on the Red or Amber list could be added to the licensing scheme, which would obviously exclude the addition of pheasants and red-legged partridges as these are not endangered in any way – they are non-native, invasive species released in their millions each year for ‘sport’ shooting. The whole purpose of the licensing scheme is not to protect ‘rare’ (Red/Amber listed) birds – it is to enable the sanctioning of estates who commit wildlife crime when shooting these species. I hope this amendment is treated with the contempt it deserves.
Ed’s amendment #21 is to ‘leave out Section 8‘ of the Bill:
What is Section 8? Ah, that’s the Government’s proposal to extend the investigatory powers of the Scottish SCPA:
Given the Scottish Government’s (long awaited) commitment to extending the powers of the SSPCA (see here), this amendment is just a last-ditch attempt to prevent it from happening. Even if it gets past Stage 2, I fully expect it to be overturned at Stage 3 as it goes directly against Government policy and the Minister’s repeatedly stated intentions.
The remainder of Ed’s amendments focus on muirburn licencing where first of all he proposes excluding entire sections of the Bill relating to this (thus removing the requirement for a muirburn licence), but then goes on to suggest changes to the very sections he wants removed, presumably because he knows that the Government will never agree to removing the requirement for a muirburn licence!
Amongst the changes he proposes are the definition of peat depth to be changed from 40cm to 60cm, the ability to extend the muirburn season to 30 April at landowner discretion, and the management of gamebirds to be included as a legitimate reason to burn on peatland. He also suggests a public register of muirburn licences – that, at least, is a sensible amendment. As for the rest, they’re hard to take seriously in light of the climate crisis and I can’t see the SNP, Labour and Greens being supportive.
These amendments provide us with a flavour of what to expect from certain MSPs over the coming week – I dare say there will be even more outlandish attempts to overturn the provisions of the Bill given the ferocity of the grouse shooting industry’s objections to the Bill’s general principles. Let’s see.
UPDATE 15 January 2024: The National picked up on this blog post and published an article about it (here).