At the weekend I blogged about a claim made by BASC that Agriculture Minister Jim Fairlie might be considering a U-turn on the proposed snare ban, one of several measures being brought in by the Wildlife Management & Muirburn Bill (see here).
Many thanks to those of you who wrote to the Minister (and your local MSPs) calling for the proposed snare ban to remain in place.
Today, STV is reporting (here) that BASC has written to the Minister calling for the snare ban to be abandoned. BASC is apparently also asking for the scrapping of proposals that will allow other gamebird species to be added to the list that will require a licence to be shot, and also doesn’t want the Scottish SPCA to have increased investigatory powers. Quelle surprise.
STV states that the letter, which hasn’t been published, ‘raises the spectre of a potential legal challenge to the Bill’.
Jim Fairlie has responded robustly and is quoted as follows:
“It is vital that Scotland’s grouse moors are managed in a way that is both sustainable and environmentally conscious.
Our Wildlife Management and Muirburn Bill will ensure that land managers adhere to responsible land management practices.
It is clear to me that our countryside continues to suffer from the damaging effects of wildlife crime, including raptor persecution on grouse moors.
The Bill contains a range of measures that will strengthen protections for our wildlife and will combat the blight of raptor persecution throughout Scotland.
I recognise the depth of feeling associated with these issues.
That’s why we have consulted extensively with groups from across the debate, and they have been involved in every step of the Bill’s process.
I am confident that this Bill strikes the right balance between further safeguarding our environment and supporting our rural economy“.
That’ll be a no then, BASC.
I see that BASC has now removed the claim that the Minister had suggested in discussions with BASC that he might be considering a U-turn on the snare ban. I hope BASC hasn’t been making false claims designed to appeal to its members.
Here’s the wording in the original blog:
And here’s how it looks today:
As for a legal challenge, this just seems like an empty threat. A judicial review can only be granted on the basis that a decision was made unlawfully (i.e. without due process). It cannot be made on the basis that someone (i.e. BASC) doesn’t like the decision.
Given the extensive level of consultations and evidence sessions relating to the Wildlife Management & Muirburn Bill, in all of which BASC has been engaged, I’d be utterly gobsmacked if a court decided the process of this Bill has been unlawful in any way, shape or form.
The Bill is currently at Stage 3 and will be debated by the entire Scottish Parliament on Tuesday 19th March, followed by a final vote to pass it onto statute.
UPDATE 15.00hrs:
Other media sites are also covering this story and a piece on the politics.co.uk website includes a bit more detail about BASC’s foot-stamping tantrum. It’s not just the snare ban, addition of more gamebirds for licensing, or SSPCA powers that they’re objecting to- it’s also the extent of the relevant offences that may trigger a licence suspension/revocation, and the definition of peatland being 40cm depth:
The National has also run a piece, including a quote from Max Wiszniewski, Campaign Manager at REVIVE, the coalition for grouse moor reform:
“It’s unsurprising to see the shooting fraternity making a last ditch attempt to water down this legislation, to avoid necessary scrutiny of their woefully unregulated and destructive industry.
“Grouse moors are responsible for the deaths of hundreds of thousands of animals, the burning of huge swathes of Scotland and the pollution of the land from lead shot and toxic medicated medicated grit that’s spread throughout the countryside – all so more grouse can be shot by a few wealthy people for sport.
“While the grouse moor bill could go further to tackle this circle of destruction, it marks an important and necessary intervention into land management activities and a full ban on snaring would be an important gain for animal welfare, something that seems is of little concern to the industry.
“The Government would do well, to continue to reject these cynical attempts to rebrand snaring which up until now, has fooled no-one.”
Raptor Persecution UK 
Well, sort of… but read the Minister’s statement again. It doesn’t specifically mention snares or which species will be protected etc. It’s a strong statement but deliberately light on detail (politicians, eh?!), which could be interpreted in different ways by different people.
Take for example, “I recognise the depth of feeling associated with these issues.” That includes both sides.
Then, “Our Wildlife Management and Muirburn Bill will ensure that land managers adhere to responsible land management practices.” It doesn’t say what these will be and specifically doesn’t mention his position on snares etc.
Of course, politicians have to be careful what they say before the Bill becomes law because, to be fair to them, they don’t know what the outcome of the final debate will be (because amendments may be tabled and passed).
So it’s ‘sort of’ encouraging but I won’t be holding my breath until I see the final Bill passed into law.
You’re right, he hasn’t been specific and can’t be because he can’t pre-empt the vote on Tuesday.
However, if you read between the lines his (and therefore the Govt’s) position is clear – any amendments at Stage 3 to get rid of the snare ban/the provision to allow more gamebirds to be listed on the licensing list/the increased powers for the SSPCA are simply not going to get through – the SNP/Green coalition holds the voting power.
Also, it’s quite telling that BASC has now removed from its blog the inference that the Minister had suggested he might U-turn on the snare ban. I imagine BASC has been told to remove it.
If grouse, pheasants and pertidges were defined as “wild” they would be entitled to the same legal protection as all our birds? No more shooting for sport. If you live in the countryside, you frequently have to slow down or stop to avoid running over pheasants. Shooting them is hardly “sport”. Hunting lions using a knife, or a bow and arrow might be called “”sport”, I thi nk.
I consider it perverse and bizarre that foxes may be snared to die pitifully, painfully, over a period of days, yet fox-hunting was banned.
“If grouse, pheasants and pertidges were defined as “wild”…”
They are.
“..they would be entitled to the same legal protection as all our birds?”
They are not.
Read the Wildlife and Countryside Act 1981 and the Game Act 1831.
https://www.met.police.uk/advice/advice-and-information/illegal-hunting/illegal-hunting/#:~:text=Game%20birds%20include%20pheasants%2C%20partridges,have%20their%20own%20open%20season.
All wild birds are protected at all times with a few exceptions. The exceptions include game birds and wildfowl which can be shot and killed during a specified shooting season. It is an offense to kill those birds when the shooting season/period has closed/finished. The legislation is set out below.
Wildlife and Countryside Act 1981
S1 Protection of wild birds, their nests and eggs.
E+W
(1) Subject to the provisions of this Part, if any person intentionally—
(a) kills, injures or takes any wild bird;
[F2(aa) takes, damages or destroys the nest of a wild bird included in Schedule ZA1;]
(b) takes, damages or destroys the nest of any wild bird while that nest is in use or being built; or
(c) takes or destroys an egg of any wild bird,
he shall be guilty of an offence.
S2 Exceptions to S1.
E+W
(1) Subject to the provisions of this section, a person shall not be guilty of an offence under section 1 by reason of the killing or taking of a bird included in Part I of Schedule 2 outside the close season for that bird, or the injuring of such a bird outside that season in the course of an attempt to kill it.
https://www.legislation.gov.uk/ukpga/1981/69/section/2
SCHEDULE 2
Birds which may be Killed or Taken
Part I
Outside the Close Season
Common name
Scientific name
[F1Capercaillie]
[F1Tetrao urogallus]
Coot
Fulica atra
Duck, Tufted
Aythya fuligula
Gadwall
Anas strepera
Goldeneye
Bucephala clangula
Goose, Canada
Branta canadensis
Goose, Greylag
Anser anser
Goose, Pink-footed
Anser brachyrhynchus
Goose, White-fronted (in England and Wales only) [F2, except F3… Greenland White-fronted Goose]
Anser albifrons [F4except F5… Anser albifrons flavirostris]
[F6Grouse, Black
Tetrao tetrix]
[F6Grouse, Red
Lagopus lagopus scoticus]
Mallard
Anas platyrhynchos
Moorhen
Gallinula chloropus
[F7Partridge, Grey
Perdix perdix]
[F7Partridge, Red-legged
Alectoris rufa]
[F8Pheasant, Common
Phasianus colchicus]
Pintail
Anas acuta
Plover, Golden
Pluvialis apricaria
Pochard
Aythya ferina
[F8Ptarmigan
Lagopus mutus]
Shoveler
Anas clypeata
Snipe, Common
Gallinago gallinago
Teal
Anas crecca
Wigeon
Anas penelope
Woodcock
Scolopax rusticol
https://www.legislation.gov.uk/ukpga/1981/69/schedule/2
https://www.legislation.gov.uk/ukpga/1981/69/schedule/2
I agree with Oldlongdog and had previously placed my concerns online. However I also have my reservations, which, given the specific history of these issues, will only be fully addressed on the 19th March.
Thanks again to the work and efforts of all who ensured we have reached this point.
I rather suspect that the Minister is ‘a bit more than miffed’ that the BASC appear to have been publicly traducing his intensions.
We wait with bated (rather than baited) breath for Scotland to make the right decision for the environment.
yes, bin the bill
Mudman or Madman? Certainly your comment doesn’t bear any serious scrutiny. I suspect a great many of us would have preferred the Bill to ban driven grouse shooting, with licences for walk up shooting, with all of the control caveats within the Bill. The shooting industry has had decades to get rid of the criminal elements and detrimental practices associated with the shooting estates, their owners and lackeys, and failed to even try to do so. So, be grateful that all this Bill is doing is making it far easier for the criminal elements to be brought to book and that a number of the worst practices are being outlawed or better controlled (snaring for the former, muirburn for the latter).
That’s not going to happen you’ve had your last chance long ago to do the right things.
we have waited far too many decades, centuries, for a snare ban, lagging far behind Europe. Cannot come quick enough
I realise some inadequate individuals get a boost by killing tiny defenceless creatures -yet can quiver at sight of even an injection needle themselves .
There is help available
More information about BASC’s letter has now been added to the foot of the blog.
How can any so called human being not be mortified by the picture of the fox in a snare. I hope Scotland dies the right thing I agree with George and old long dog and wait with bated breath .
Unfortunately for me I live in the midst of a community dominated by the shooting and fishing brigade. Seeing unlabelled snares is commonplace. I KNOW they’re not checked daily. Otters abound, Pine Martens too. Foxes won’t be the only animals snagged. The salmon river certainly people won’t mind an otter or two going ‘missing’missing’. Anyway, I fully expect to see snares being set even if banned. But from now on, I’ll be calling the police.
could anyone let me know if it’s legal to medicate animals which you do not own e.g. wild animals
Yes, under license.
If this bill does go through (all fingers & toes are crossed), then I think there may be some grassroots backlash from rank & file BASC members – against the BASC hierarchy. For years ordinary members have muttered about where all their money actually goes, and why a large organisation with lots of professional paid posts doesn’t seem to fair any better than a small one with no full time paid posts (except admin) like the SGA. Personally, I just think they are on the wrong side of the argument and in this case don’t seem to have been successful in either sweet talking or pressuring the Minister(s).
Remove the 40cm.
Any depth of peat for determining peatland vs. non-peatland :)
Surely that’s what the BASC really mean?