The following news item appeared in Peebleshire News on 21 June 2024 (thanks to the blog reader who sent this in):
A pensioner will stand trial at Selkirk Sheriff Court later this year charged with four wildlife offences.
Seventy-three year old Thomas Ebner, from Reston, is accused of causing a protected animal unnecessary suffering and setting in position a snare.
He is also charged with using a snare and failing to fit a tag, and also using a snare and not indicating what species it was intended to catch.
Ebner has pleaded not guilty to all four charges and a trial date was set for September 19th 2024.
ENDS
UPDATE 4 Sept 2024, from Border Telegraph:
A pensioner will stand trial next year on a charge of causing a fox unnecessary suffering. 74-year old Thomas Ebner, of Lakeside, Reston, denies setting the snare which caused the fox to be suspended by the neck on a broken fence line causing it to foam at the mouth and thrash about in an attempt to escape.
It allegedly happened at Old Castles Farm, Chirnside on April 25th 2023. He also pleaded not guilty to three other charges regarding the illegal use of a snare. A trial date has been set for 4 February 2025.
ENDS
Meanwhile, we are still waiting to hear when the Scottish Government will announce the commencement of the full ban on snares, which was part of the Wildlife Management and Muirburn (Scotland) Act 2024.
The Bill was voted through Parliament on 21 March 2024 and received royal assent on 30th April 2024, but without setting a commencement date for this part of the new Act, snares are still being used (legally) across Scotland.
How hard can it be to set a date?!
Scottish Greens MSP Ariane Burgess has lodged the following Parliamentary question to get some clarity from the Minister:
NB: As the Ebner case is live, comments won’t be accepted about his trial until criminal proceedings have concluded. Comments about the Scottish Government’s feet-dragging (pun intended) on the commencement date for the snare ban will be accepted.
UPDATE 25 September 2024: Scotland’s landmark ban on snares will commence 25 November 2024 (here)
Raptor Persecution UK 
The poor dears are most likely still recovering from their nine-week summer recess; so like schooldays, not back in the swing of things yet!
They’ve only had since royal assent was received on 30th April 2024.
If the Bill was already voted through Parliament on 21 March 2024, it shouldn’t be a case of the Scottish government providing an update on the planned date, but approving it come 26 September with the commencement date for the ban of snares from that date forward
On May 2nd I pointed out that Police Scotland officially sanctioned the use of snares in Scotland, despite Royal Assent being granted on 30th April!
Today, September 9th, Police Scotland still officially sanction the use of snares with these words:
“Snaring is a lawful way of controlling foxes and rabbits…”
https://www.scotland.police.uk/about-us/what-we-do/firearms-and-explosives-licensing/snares-and-weapon-transfers/
So… snares are still not banned in Scotland, despite the apparent ‘passing’ of legislation to that effect four months ago…
In the same thread this was posted:
Winstonsays:
“Just an update that the Wildlife Management and Muirburn (Scotland) Act 2024 (Commencement No. 1) Regulations 2024 comes into effect on 1 July 2024 and brings certain sections of the Act into force on 1 July and other sections into force on 22 July 2024.”
“certain” and “other” not including the banning of snares, obviously.
So I remain none the wiser as to when, if ever, a ban on snares in Scotland will come into force. Perhaps this is partly why the SNP has been losing votes recently?
Keith – I’m not sure you’ve read the second half of the blog. Snares will not be considered banned until Scot Gov sets a commencement date for that part of the Wildlife Management Act – hence, Ariane’s parly question seeking clarification on a commencement date. At present, snares are still a legal trapping method in Scotland (as long as the user is compliant with the [current] conditions of use).
” I’m not sure you’ve read the second half of the blog”
I certainly have. The issue of the commencement date was questioned extensively here and Winston’s reply makes no sense (ie. is irrelevant) if it was not addressing that specific issue.
I have singularly failed to locate in the legislation any specific wording to the effect that the section concerning snares required a ‘commencement date’ beyond that of the date of the granting of Royal Assent. Maybe that is because it refers to other legislation which refers to yet more legislation etc etc… without including the wording of the relevant sections themselves?
And nowhere in the debate did I come across the issue that ‘commencement’ of any or all sections would become a moveable feast subject to apparent whim:-( But maybe I missed that, too?
But it seems Parliamentarians are also at a loss as to when snares will be banned. Why is that?
You can find the commencement information in the legislation in S35 of the Act. This is the link:
https://www.legislation.gov.uk/asp/2024/4/section/35
“You can find the commencement information in the legislation in S35 of the Act.”
Thanks. I had found that, but I’m afraid it remained mostly meaningless to me because the wording is so vague.
“35 Commencement
(1)This section and section 36 come into force on the day after Royal Assent.
(2)The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.
(3)Regulations under subsection (2) may—
(a)include transitional, transitory or saving provision,
(b)make different provision for different purposes.”
Just for completeness, here is section 36 in full:
“36Short title
The short title of this Act is the Wildlife Management and Muirburn (Scotland) Act 2024.”
It is just the title!
So, essentially, as far as I could tell, nothing came into effect immediately after passing the legislation.
Why couldn’t the banning of snares, for example, have also been a listed section (it is section 6) which came into force ‘on the day after Royal Assent‘? It is a straightforward amendment to the Wildlife and Countryside Act 1981.
The ‘other provisions’ of the Act (banning of snares etc) appear to be subject to what the Scottish Ministers may – or, presumably, may not(?) “by regulations appoint” (quaint).
And what if they do not? It does not appear to state what Scottish Ministers *must* do…
Why, I also wonder, must the banning of snares even be subject to a ‘Regulation’ which ‘may’ include “(a) transitional, transitory or saving provision”? What is/are “transitional, transitory or saving provision” when they are at home, regarding the banning of snares?
While “(b) make different provision for different purposes” seems designed to mean anything you like!
(I do realise that changing regulations of the powers of ‘weights and measures officers’ regarding glue traps, and introducing licensing and licensing authorities etc is not at all straight forward – yet some of which are already in force – but banning something as basic as a snare seems ‘black and white’ simple to me)
It is interesting, is it not, that a review of the banning of snares must take place “no later than 5 years after the day on which this Act receives Royal Assent.”, yet the ‘commencement’ of the banning of snares has NO date, and is certainly NOT the date the Act received Royal Assent (apparently).
But, of course, even this provision for a review is also not yet in force!
What happens if five years pass and the banning of snares has still not commenced?
I wait and wonder….
Hi Keith, I would just further clarify that when a Bill is approved by Parliament and it is then given Royal Assent, that Bill becomes an Act and is considered to be “on the statute books”. However, that does not mean that the contents of the Act become enforceable in law. This is because Acts specify a commencement date, i.e. when they come into effect.
In the particular case of the Wildlife Management and Muirburn (Scotland) Act 2024, this specifies that it does not come into force until Regulations are made bringing it into force (other than sections 35 and 36 which are noted to come into effect on the day after Royal Assent).
You mention:
“I have singularly failed to locate in the legislation any specific wording to the effect that the section concerning snares required a ‘commencement date’ beyond that of the date of the granting of Royal Assent”
Section 35(2) is that specific wording.
I would highly recommend reading the following for a better explanation on commencement dates:
“Law but not law” – House of Lords Library (parliament.uk)
Thanks for the very useful URL.
In particular, I note this section:
“But there is a certain amount of legislation on the statute book which has never been brought into force. There are many possible reasons for this—difficulties in implementing the act as intended, differences of approach between the devolved nations, or perhaps a change of policy, minister or even government. There is no legal obligation for a minister to exercise a commencement power but there is an implied duty.. (and) ..a formal decision never to bring the provisions into force would be unlawful.”Hmmmm….
And this:
“How much enacted legislation remains uncommenced?
… A search for the phrase “not yet in force” in (Halsbury’s Laws encyclopedia) returns 480 acts passed between 1960 and 2020 where at least one section or schedule is not yet completely in force.”
Crikey!
I also note ACTs passed as far back as 1928 are yet to ‘commence’.
At the same time, when any Parliament wants something passed and commenced quickly, they damn well make sure it does! Changes to fuel duty ‘commencing midnight’ and the Coronavirus Act spring to mind.
What is it, I still wonder, about banning the use of something as simple and basic as a snare which ‘requires’ months of ‘preparation’ ?
Is this the Minister officially accepting that the illegal abandonment of existing snares must not be punished?