Author: RaptorPersecutionUK

SSPCA powers: revisiting the role and powers of the water bailiffs

sspca logoMany of you will know that we’ve been following the glacial progress of the Scottish Government’s decision on whether the SSPCA should be given increased investigatory powers to help tackle wildlife crime, and particularly, illegal raptor persecution. Here’s an overview of how this ‘key priority’ has been (mis)handled so far.

Following the consultation, which ended over two years ago, we analysed some of the reasons that landowners and Police Scotland had put forward about why they thought the SSPCA should not receive increased powers. These included a lack of accountability, lack of training and competence, and a claim that increased powers would amount to ‘quasi-policing’. It turned out that the landowners and the police were being pretty hypocritical, given the substantial powers enjoyed by water bailiffs (employed by landowners to work in the landowners’ interests). These powers include the power of arrest, and yet water bailiffs have no public accountability and undergo minimal training (it’s important you read this to understand what we mean).

Malcolm Graham 2This hypocrisy was then picked up on by MSPs, who, during a Rural Affairs, Climate Change and Environment (RACCE) Committee hearing in November 2014, questioned the police about the role and powers of the water bailiff. During that session, Assistant Chief Constable Malcolm Graham made the following statement:

“The powers that water bailiffs have and which were used in the past are no longer used routinely. We do not have experience of water bailiffs who think that they are in a position to apprehend people. They understand that both public perceptions and legal perspectives on people being brought into custody and detained have changed dramatically, and rightly so. The scrutiny that needs to be brought to bear when someone is going to be apprehended and not allowed to go about their business is far more rigorous than it was in the past. Our experience is that water bailiffs no longer use those powers; indeed, I can give no example from recent times of such use of powers coming to my attention“. (Full transcript available here).

Just read ACC Graham’s statement again, and remember this is a senior police officer giving evidence to a Parliamentary Committee.

And then head over to BBC iPlayer and watch episode 4 of The River, which was broadcast last night (available on iPlayer for 29 days). You’ll see a team of water bailiffs working on the River Tweed, looking for salmon poachers. And you’ll never guess what happens when they find some.

Hen harrier ‘reintroduction’ to southern England: an update

One of the six action points in DEFRA’s Hen Harrier Inaction Plan is to ‘reintroduce’ hen harriers to southern England:

hh-reintro

DEFRA’s HH Inaction Plan has been widely criticised by conservationists, with the main focus being on the brood meddling part. The proposed southern ‘reintroduction’ hasn’t received much attention, largely because the scoping project on which it is based is still unpublished – it’s hard to scrutinise something that’s being kept secret.

There had been concerns that chicks removed from the northern uplands as part of the brood meddling scheme would be used as the source birds for the southern ‘reintroduction’. This would have been unacceptable on a number of fronts, not least because it would be in breach of IUCN guidelines – you can’t source birds from a donor population if their removal would negatively affect the donor population. However, our recent FoI to Natural England has shown that those brood-meddled birds will be released back to the northern uplands, and not in to southern England (see here).

We’re now in a position to shed a bit more light on the proposed southern ‘reintroduction’ (it’s not actually a reintroduction because hen harriers are not extinct in southern England). Revealed through another FoI, the following update was provided by Adrian Jowitt (Natural England) to Paul Ballinger (DEFRA) on 23 September 2016:

‘Southern reintroduction: the main work undertaken over the last few months has been setting up and starting early conversations with stakeholders in the areas proposed. We have had discussions with landowners on Exmoor and in early October are going to meet with some key farmers and landowners in southern Wiltshire. The discussions have in the main been cautiously positive although there is still a way to go. We have also been exploring different funding routes and are starting to explore possible sources for chicks. We will also be considering whether we need to do any further habitat suitability checks beyond what was done for the original feasibility study and to that end will be carrying out some basic field visits with our hen harrier ecologist‘.

So, it looks like Exmoor may be a potential ‘reintroduction’ site, as well as somewhere in southern Wiltshire. That’s interesting.

exmoor

There has been at least one hen harrier breeding attempt in Wiltshire since 2002, although we don’t know the outcome. Here’s an image from a recent talk given by Natural England’s Stephen Murphy showing hen harrier breeding records between 2002-2015 (apologies for the poor quality photo – a reflection on us, not on the quality of Stephen’s slides):

hh-breeding-distribution

Wintering hen harriers are seen around Exmoor, albeit relatively infrequently – indeed, a satellite-tagged hen harrier from Bowland (2014 – ‘Burt’) is known to have visited Exmoor, because that’s where his last sat tag transmission came from, although in Burt’s case his ‘disappearance’ was thought to be as a result of a genuine tag failure rather than anything more sinister.

Exmoor, including Exmoor National Park, is well known for game shooting. This report from 2004 demonstrates just how much driven game shooting takes place there (predominantly pheasant & partridge) and how many gamekeepers work there. Perhaps that’s why Natural England’s discussions with landowners are described as being only ‘cautiously positive although there is still a way to go‘. If this ‘reintroduction’ is to go ahead, as Natural England appears to expect, these landowners MUST be on-side before any birds are released. It’ll be interesting to see how things develop on that score.

There are still huge question marks about this proposed ‘reintroduction’. Many of us are not entirely supportive because we believe the grouse shooting lobby and Natural England/DEFRA are using it as a way of diverting attention from the ongoing criminal persecution of hen harriers in the northern uplands. Releasing some birds in to southern England (assuming a source population can be found) will not stop the grouse moor managers from killing hen harriers in the northern uplands, the fundamental cause of this species’ decline in the first place.

You could argue that, theoretically at least, the southern England ‘reintroduction’, if successful, would increase the range and conservation status of English hen harriers, and it would also bolster the English population, increasing its resilience from population decline. That’s true. However, it’s also true that if hen harriers were not still being routinely killed in the north, their breeding range would increase naturally, their conservation status would improve, and the population’s resilience to decline would increase.

You could also argue that the estimated half-a-million quid (and the rest!) of taxpayers’ money that’ll be spent on this attention-diverting scheme would be better spent on improving enforcement measures so the hen harrier killers can finally be brought to justice.

Congratulations to multi-award winning Mull Eagle Watch!

Mull Eagle Watch is a community-based partnership offering visitors the chance to enjoy guided trips to see the reintroduced white-tailed eagles without disturbing them.

Starting in 2000 at Loch Frisa, the project has grown to become one of the UK’s best-known and loved wildlife tourism attractions, bringing in five million pounds to the island every year in tourism revenue. The project is run as a partnership between Forestry Commission Scotland, RSPB Scotland, Mull & Iona Community Trust, Police Scotland and SNH.

Already in receipt of a prestigious five star rating from VisitScotland and a gold rating from the Green Tourism Business Scheme, this month they’ve added two more top awards to their collection.

Earlier this month they won the Innovation in Tourism Award at the Highlands and Islands Tourism Awards (see here) and on Thursday evening they scooped first prize in the Nature Tourism category at the RSPB’s Nature of Scotland Awards, hosted by Chris Packham (see here).

Here they are collecting their award from Chris (photo nicked off Twitter!)

mull-eagle-watch

As Chris said on Thursday evening, at a time when the persistent and widespread killing of raptors causes many to view Scotland (and the rest of the UK) as an international embarrassment, this enlightened project is a shining example of how birds of prey can bring environmental, social and economic benefits to rural communities. More of this, please.

Many congratulations and thanks to all involved.

Raptor persecution data withheld from Scot Gov’s latest annual wildlife crime report

wildlife-crime-review-2015The Scottish Government has today published its latest Annual Wildlife Crime Report – the 4th one since it became a statutory obligation under the Wildlife and Natural Environment (Scotland) Act 2011. The current report is entitled the ‘2015’ report, but it actually refers to wildlife crimes recorded from April 2014 to March 2015.

Just like last year (see here), this publication has been issued under a misleading headline, this time with the Government proclaiming a ‘Five year drop in wildlife crime’ (see Scot Gov press release here).

The report provides data on each of the national wildlife crime priority areas, including raptor persecution, but don’t bother wasting any time trying to draw conclusions from these data because it turns out, some has been withheld.

According to a press release by RSPB Scotland on today’s report (here), they say “With regard to raptor persecution incidents, we recognise that a number of confirmed victims of crime are not included in the report as police investigations continue“.

This withholding of data is becoming a regular feature of wildlife crime reporting in Scotland.  We blogged about it earlier this year when PAW Scotland published the ‘official’ 2015 raptor persecution report, with a load of information deliberately withheld (see here).

As we said then, what’s the point of publishing some of the data but keeping the rest secret? It completely undermines any confidence in the report’s findings and turns this annual reporting into a meaningless and farcical charade.

It’s not clear whether the raptor persecution data has been withheld by Police Scotland or by the Scottish Government, or by both. If this withheld information relates to confirmed victims of crime, as RSPB Scotland suggests, there’s absolutely no excuse to keep it secret from the public, especially as these crimes took place around two years ago. When can we expect these crimes to be made public? Next year? 2050? Never?

Let’s hope this issue is raised when the Scottish Parliament’s Environment, Climate Change & Land Reform (ECCLR) Committee comes to scrutinise the annual report as they have in previous years. Let’s also hope that this time, the ECCLR invites evidence from a wider circle of contributors, such as RSPB Scotland, SSPCA, Scottish Badgers etc, instead of just listening to the thoughts of Police Scotland, COPFS and the Environment Minister. That way we might get a better idea of the extent of wildlife crime rather than Police Scotland’s estimation of it, which is apparently based on a senior officer’s ‘feeling’ rather than on hard facts (see here).

Download the report here: wildlife-crime-in-scotland-2015-annual-report

Cairngorms National Park mountain hare cover up denied

Last week we blogged (here) about an extraordinary comment attributed to Eleanor Mackintosh, a Board member of the Cairngorms National Park Authority (CNPA). During a discussion with the Scottish Gamekeepers’ Association on 29 September 2016, Ms Mackintosh apparently suggested they use covers on the back of vehicles to hide the evidence of mountain hare culls rather than risk photographs being taken of piles of dead hares being transported on open-backed vehicles:

Naturally, most people would expect the CNPA to be clamping down on the mass slaughter of mountain hares on grouse moors within the National Park, not suggesting to gamekeepers that they instead just hide the evidence, so Ms Mackintosh’s comments didn’t go down too well. One of our blog readers, Andy Holden, wrote to Ms Mackintosh to express his disgust and she duly replied as follows:

Dear Mr Holden

Thank you for your recent email in relation to mountain hares in the Cairngorms National Park.

It is my opinion that what I said has been taken completely out of context I am very clear on, and whole heartedly support the CNPA current position on hare culls.

The Cairngorms National Park Authority is clear in its position on mountain hare culling. The CNPA does not support ‘hiding’ in any way the number of hares culled. On the contrary, our advice to land managers is to be more open about the number of hares culled. We recognise that culling hares is legal and that culls can be undertaken for a number of reasons. We do not support large scale culling and endorse the call for restraint made by SNH. We support the ongoing work to develop best practice in counting mountain hare numbers being developed by the James Hutton Institute and GWCT. In the meantime our advice to land managers is to set out clearly why culls are undertaken, share information on the numbers of hares culled and where possible to count hare numbers consistently while waiting for the recommendations on counting methodology from the current research.

The information you refer to is a note by the Scottish Gamekeepers Association of a meeting with CNPA to discuss a number of aspects of the recent National Park Partnership Plan consultation.

Regards

Eleanor Mackintosh

END

Interesting. So Ms Mackintosh doesn’t deny that she made the suggestion, but instead she claims her remarks were taken “completely out of context“. Really? By whom? Not by us – we posted the notes from the CNPA/SGA meeting exactly as they were presented in the FoI response (see photo above).

Perhaps she meant that the notes from the meeting (prepared by the SGA) hadn’t been written up accurately and had reported her comments ‘out of context’? That’s entirely possible, of course, but in this case it seems unlikely.

Why would we say that seems unlikely? Well, because the notes from the meeting, as prepared by the SGA, were emailed to the CNPA on 4 October 2016. The recipients of that email included Will Boyd Wallis (CNPA), Hamish Trench (CNPA), Mike Cottam (CNPA) and someone listed as ‘Eleanor’. Will, Hamish and Mike had all attended the meeting with the SGA, so we assume the person named as ‘Eleanor’ was Eleanor Mackintosh, who was also present at that meeting.

Later that same day, Hamish Trench (CNPA) sent an email back to the SGA (also copied to Will, Mike and ‘Eleanor’) acknowledging receipt of the notes but not accepting them as an accurate reflection of what was said during the meeting by him, Will and Mike. Hamish offered to amend the notes before they were circulated more widely.

On 6 October, Will Boyd Wallis (CNPA) sent an amended version of the notes back to the SGA, and copied in Hamish, Mike and ‘Eleanor’. In this amended version, Will had made several editorial changes to some of the comments, but did not amend the comments attributed to Eleanor. Presumably, as ‘Eleanor’ had been in receipt of all this correspondence, if she thought her comments had been placed ‘completely out of context’ here was the perfect opportunity for her to say so.

She didn’t.

You can read the correspondence between the SGA and CNPA here: cnpa-sga-mtg-29-sept-2016-amendment-of-notes

Now, maybe Ms Mackintosh was away, maybe her internet was down, maybe she didn’t see the notes until they were published on this blog.

Or, maybe, she did suggest that gamekeepers should hide dead mountain hares under covers and now she’s in the middle of a shit storm and she’s looking for a way out.

New PhD study to examine impact of medicated grit on moorland ecosystem

grit-box-rpuk2-copyExcellent news!

A PhD scholarship is on offer at Leeds University to examine the impact of the drug Flubendazole (the active ingredient in medicated grit) in grouse moor river catchments.

Medicated grit is routinely used by the grouse shooting industry to dose red grouse with high quantities of the worming drug Flubendazole. It’s being used so frequently that it has caused the natural cyclical red grouse population crashes to end, resulting in ridiculously high densities of red grouse available to shoot. These high densities of birds gathering at medicated grit boxes has led to the rapid spread of Cryptosporidiosis in recent years (see here).

There has been considerable concern about the unregulated use of this drug, its potential for reaching the human food chain, and its effect on sensitive moorland habitat. Last year we discovered that some grouse moor managers are using a new super-strength grit, at least 10 times the strength permitted for use in the UK, and that the Government’s statutory agency (Veterinary Medicines Directorate) wasn’t testing any samples because they ‘didn’t know where to find them’ (see here). The VMD promised to start testing in 2016 but so far, according to our enquiries, they’ve only managed to test four red grouse. That’s right, in the whole of the UK, they’ve tested four birds. Shockingly incompetent. We’ll wait until the end of the grouse shooting season (10 Dec) before asking for their full annual sampling results.

Preliminary research by academics at Leeds University has already found high concentrations of Flubendazole on grouse moors in the Nidderdale Area of Outstanding Natural Beauty (North Yorkshire). Quote: ‘Soil samples spread across three different grouse moors contained concentrations ranging between 150 and 850 µg kg-1 dry soil. This is of the same order of magnitude as peak concentrations of veterinary medicines found in agricultural soils following manure application (Kay et al., 2004). These agricultural concentrations are significant enough to have driven the development of policy to better manage the presence of veterinary medicines in the environment (EC, 2001) and it is expected that the proposed work would lead to further development of this policy, specifically risk assessment procedures, for moorlands‘.

This looks set to be a fascinating and important study and an excellent opportunity for a budding academic to make their mark.

The PhD will begin in October 2017. Full title: Analysis, occurrence and effects of Flubendazole in moorland river catchments (details here) under the supervision of Dr Paul Kay, Dr Richard Ansell and Professor Jeanette Rotchell. Deadline for applications is Monday 9 January 2017.

Photo: medicated grit tray with marker post on a Nidderdale grouse moor (RPUK)

Raptor persecution in Northern Ireland: 2014 annual report published

ni-persecution-reportPress release from Partnership for Action against Wildlife Crime (Northern Ireland)

NI raptor deaths rise, new report reveals

A report into the illegal killing of Northern Ireland’s native birds of prey has been published by the Partnership for Action against Wildlife Crime. It reveals there were nine confirmed illegal poisoning or persecution incidents, affecting 11 protected birds of prey, in Northern Ireland in 2014. This report follows on from the 2009 – 2013 Persecution Report published last year. Between 2009 and 2014 there is now a total of 44 confirmed reports of native birds of prey being illegally killed, plus one confirmed incident of illegal nest destruction.

The report examines occurrence and trends in persecution of these birds, which has allowed PAW to produce ‘hot-spot’ maps to identify areas where crimes against birds of prey are occurring. Of the nine confirmed cases in 2014, four of these occurred in County Down, two in County Tyrone and one in each of counties Londonderry, Armagh and Antrim. The report shows that the most frequent casualties were buzzards and the recently re-introduced red kite, with four of each of these species killed. Red kites and buzzards are particularly susceptible to poisoned baits as they will scavenge on carrion routinely. There were also two peregrine falcons and a sparrowhawk killed.

Four of the incidents involved the use of the highly toxic pesticide ‘Carbofuran’, which has been banned across the EU since 2001. The poison has often been laid illegally to target ‘pest species’ and the birds of prey have fallen victim to its indiscriminate use. However some species or nests have been specifically targeted. Seven birds also tested showed detectable levels of secondary poisoning by rodenticides (bromadiolone, brodifacoum, difenacoum, and/or flocoumafen) – suggesting that these birds have eaten rodents that have ingested rodenticides.  The levels of these chemicals were not deemed to have been the primary cause of death of these birds but highlight that there is misuse of ‘over the counter’ pesticides across Northern Ireland. Users must always read and adhere to the label instructions of the pesticide; they should collect and correctly dispose of any rodent carcasses daily.

Commenting on the report, Minister for Agriculture, Environment and Rural Affairs (DAERA) Michelle McIlveen MLA, said: “This report highlights the ongoing disregard for the safety of people and animals in our countryside through the illegal use of highly toxic poisons.

The loss of vulnerable birds of prey to acts of persecution is extremely worrying, as they are a keystone species in our ecosystem and play an important role in the natural order. Maintaining and enhancing biodiversity is a central objective of my Department. I call on those responsible for these reckless acts to cease doing so and I urge anyone who may have information about these crimes to contact the PSNI or Crimestoppers.” 

Superintendent, Brian Kee, PSNI service lead for rural and wildlife crime added: “It isn’t acceptable for birds of prey or any other wildlife to be killed in this way.  These actions are illegal and the use of toxic poisons is indiscriminate as they put children, pets and livestock at risk too. I would urge anyone with any information on these types of crimes to report this to the PSNI on 101 or anonymously via Crimestoppers on 0800 555 111 and be assured of PSNI continued efforts in the tackling of wildlife crime.”

The report lead author, Dr Eimear Rooney (Raptor Officer for NIRSG) commented: “This is the second report which maps the confirmed bird of prey persecution incidents in Northern Ireland. It is great to have the partner agencies working closely together to combat raptor persecution. This report helps us all to understand the scale and distribution of the problem. It is heart-breaking to think of the deaths of these birds but it is particularly shocking to see the continued usage of highly toxic Carbofuran.”

END

Download the 2014 report here: northern-ireland-raptor-persecution-report-2014

Red kite dead on nest (photo by Northern Ireland Raptor Study Group)

red-kite-dead-on-nest-c-nirsg

Notes to editors:

  • Raptor Persecution is one of the UK Government’s top six Wildlife Crime priorities. Raptor crimes typically comprise illegal poisoning, shooting or trapping events and may occur at any time of the year. It is also illegal to cause disturbance to all breeding raptors or damage their nests or eggs.
  • The Raptor Priority Subgroup comprises Police Service of Northern Ireland (PSNI); Northern Ireland Environment Agency (NIEA); National Wildlife Crime Unit (NWCU); Northern Ireland Raptor Study Group (NIRSG); the Royal Society for Protection of Birds (RSPB); Agri-food and Biosciences Institute (AFBI) and the Health and Safety Executive for Northern Ireland (HSE NI). The Raptor Priority Sub-Group is acting on behalf of and reports back to the main PAW NI steering group currently chaired by the NIEA.
  • Wildlife legislation, namely the Wildlife (Northern Ireland) Order 1985 as amended by the Wildlife and Natural Environment (NI) Act 2011 protects birds of prey from disturbance and/or destruction by special penalties. Penalties can include a custodial sentence and/or up to a £5,000 fine per offence. All raptors are listed on Schedule 1 of the order and there are six raptor species which receive additional protection on Schedule A1 which protects their nests from disturbance or destruction at all times of the year. Schedule A1 includes peregrine falcon, red kite, barn owl, golden eagle white-tailed eagle and osprey.
  • In March 2016 the PSNI, in partnership with the PAWNI Raptor Subgroup members, launched ‘Operation Raptor’. This campaign was developed as a direct result of the publication of the first Bird of Prey Persecution and Poisoning Report, covering the period 2009 – 2013. The ‘Operation Raptor’ campaign is designed to encourage people to report potential crimes to PSNI and also to warn offenders they could face a custodial sentence and/or a fine (up to £5,000 per offence) if they are caught targeting birds of prey through poisoning, shooting or trapping.  Operation Raptor posters are being distributed into ‘hot spot’ areas to highlight the illegal practises to local members if the public, to act as a deterrent to those who seek to kill birds of prey.
  • The Campaign for Responsible Rodenticide Use (CRRU) aims to promote best practice so that rat poisons (rodenticides) in particular should not get into the wildlife food chain where it harms owls, kites and other birds of prey. More information on this can be found at www.thinkwildlife.org
  • A leaflet outlining the protocol for reporting raptor crimes was previously produced by the Raptor Subgroup and is available for download at the following link: http://www.nirsg.com/wp-content/uploads/2014/02/PAWNI-Raptor-Crime-Leaflet.pdf
  • The Bird of Prey Persecution and Poisoning Report 2009-2013, produced by the Raptor Subgroup in November 2015, can be downloaded at the following link: https://www.psni.police.uk/globalassets/advice–information/animal-welfare/documents/pawni-raptorpersecution–poisoning-report-2009-2013-final.pdf
  • More information on the public campaign to ‘Watch Out For Wildlife Crime’ in Northern Ireland can be found at www.wildlifecrimeni.org

Statement from Wildlife Estates Scotland on membership status of Newlands Estate

Those of you who’ve been following the long drawn-out saga of prosecutions relating to the wildlife crime that took place on Newlands Estate, Dumfriesshire in 2015 will know that we’ve been asking questions of various organisations associated with this estate.

One of those questions has been about the membership status of the Newlands Estate in the ‘Wildlife Estates Scotland (WES)’ scheme, administered by Scottish Land & Estates. Since Newlands Estate gamekeeper Billy Dick’s conviction (for killing a buzzard) was upheld in July this year, we’ve asked this:

‘Will the Newlands Estate’s accredited membership of Wildlife Estates Scotland (WES) now be revoked? The conditions of membership of this scheme include: “the requirements to maintain best practice standards of animal welfare and comply with all legal requirements and relevant Scottish codes of practice”. At the time of Mr Dick’s conviction, a spokesperson for WES said the Newlands Estate’s membership and accreditation of WES had been ‘voluntarily suspended’ pending the outcome of legal proceedings. Well, now the gamekeeper’s criminal conviction for wildlife offences has been upheld, how about answering the question?’

Four months on, and thanks to blog readers for writing to WES, the following statement has appeared on the WES website this morning:

wes-statement-newlands

So, Newlands Estate is still a member of WES, albeit in a suspended state. Presumably, WES is waiting to find out whether the allegation of vicarious liability is proven against landowner Andrew Duncan during forthcoming legal proceedings.

That’s an interesting position for WES to take. A wildlife crime did take place on Newlands Estate and a Newlands Estate employee was convicted for it. Why isn’t that sufficient cause for WES to expel Newlands Estate? Two conditions of WES membership were clearly breached (“the requirements to maintain best practice standards of animal welfare and comply with all legal requirements and relevant Scottish codes of practice“). Whether Mr Duncan is subsequently convicted or acquitted of vicarious liability is irrelevant and will not erase these facts.

Let’s imagine, for example, that Mr Duncan is exonerated and WES decides to lift the suspension on membership. WES will still have a wildlife crime estate on its membership list. How does that ‘protect the reputation of its membership, as well as the integrity of accreditation itself’? Here’s a hint, WES: IT DOESN’T.

Other questions we’ve been asking since Newlands Estate gamekeeper Billy Dick’s failed appeal in July 2016 are yet to be answered:

  1. Is/was criminal gamekeeper William (Billy) Dick a member of the Scottish Gamekeepers’ Association? The SGA refused to comment on Mr Dick’s membership status at the time, saying they ‘wanted to wait until the legal process had concluded’. Well, now Mr Dick’s criminal conviction for wildlife offences has been upheld, how about answering the question? Emails to: info@scottishgamekeepers.co.uk
  2. Will Scottish Land & Estates now expel the Newlands Estate from the ranks of SLE membership? SLE said at the time that Newlands Estate’s membership of SLE had been ‘voluntarily suspended’ pending on-going legal proceedings. Well, now the gamekeeper’s criminal conviction for wildlife offences has been upheld, how about answering the question? Emails to: info@scottishlandandestates.co.uk

Vicarious liability prosecution: Andrew Duncan (Newlands Estate), part 11

They’re having a laugh.

Criminal proceedings continued yesterday (22 November 2016) against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

Gamekeeper Dick was convicted in August 2015 of killing a buzzard on the Newlands Estate, Dumfriesshire by striking it with rocks and repeatedly stamping on it (see here). Mr Dick was sentenced in September 2015 and was given a £2000 fine (see here). Mr Dick attempted to appeal his conviction but this was refused on 15 July 2016 (see here).

Here’s a quick review of the proceedings against Andrew Duncan so far:

Hearing #1 (18th August 2015): Trial date set for 23rd Nov 2015, with an intermediate diet scheduled for 20th Oct 2015.

Hearing #2 (20th October 2015): Case adjourned. November trial date dumped. Notional diet hearing (where a trial date may be set) scheduled for 18th January 2016.

Hearing #3 (18th January 2016): Case adjourned. Another notional diet & debate scheduled for 11th March 2016.

Hearing #4 (11th March 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 4th April 2016.

Hearing #5 (4th April 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 3rd June 2016.

Hearing #6 (3rd June 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 17th June 2016.

Hearing #7 (17th June 2016): Case adjourned, pending the result of gamekeeper Billy Dick’s appeal. Another notional diet scheduled for 15th July 2016.

Hearing #8 (15 July 2016): Case adjourned. Another notional diet scheduled for 2 August 2016.

Hearing #9 (2 August 2016): Proceedings moved to trial. Intermediate diet scheduled for 15 November 2016 and provisional trial date set for 7/8 December 2016.

Hearing #10 (15 November 2016): The case was adjourned for another intermediate diet scheduled for 22 November 2016. A new trial date may be set depending on what happens during this hearing.

Hearing #11 yesterday (22 November 2016): The case was adjourned for yet another intermediate diet scheduled for 6 December 2016. Trial dates expected to be assigned during this Dec hearing, so presumably the provisional trial dates of 7/8 Dec have been dumped.

Vicarious liability in relation to the persecution of raptors in Scotland (where one person may potentially be legally responsible for the criminal actions of another person working under their supervision) came in to force nearly five years ago on 1st January 2012. To date there have been two successful prosecutions/convictions: one in December 2014 (see here) and one in December 2015 (see here).  One further case did not reach the prosecution stage due, we believe, to the difficulties associated with identifying the management structure on the estate where the crimes were committed (see here).

Brood meddling: the proposed social science study

We’ve recently been blogging about DEFRA’s hen harrier brood meddling scheme, due to start in the 2017 breeding season. A series of FoIs has uncovered some of the plans to date (e.g. see here, here, here).

Today’s blog relates to the proposed social science study, which is being viewed as an integral part of the brood meddling trial.

The proposal has been submitted by Steve Redpath (Aberdeen Uni & Trustee of the Hawk & Owl Trust) and Freya St John (Kent Uni), both well known for their interest in wildlife conflict management.

Here’s the proposal: social-science-proposal-brood-meddling-june-2016

Basically the proposal is for a seven-month long study, estimated to cost ~ 50K, to assess how grouse moor managers, gamekeepers and conservationists ‘feel’ about hen harriers and about the different aspects of the wider Hen Harrier Inaction Plan.

Not being social scientists there’s a very good chance that we’re missing something here, and we’d be happy to be corrected, but we’re struggling to see the point/value of this study. Apart from the obvious flaw that the study will rely upon grouse moor owners and gamekeepers telling the truth (good luck with that, researchers!), the attitudes of all these ‘stakeholders’ are already blindingly clear, surely?

The vast majority of driven grouse moor owners and gamekeepers don’t tolerate hen harriers, to the extent that the English hen harrier breeding population is on its knees because these birds are routinely killed. Conservationists place a high nature conservation value on hen harriers and want grouse moor owners and gamekeepers to abide by the law and stop killing them.

The whole premise of the brood meddling scheme is to see whether driven grouse moor owners and gamekeepers will ‘tolerate’ hen harriers if they can be assured that there won’t be more than one breeding pair per 10 sq km. The claimed purpose of brood meddling is to reduce the pressure of predation on red grouse caused by parent hen harriers hunting to provide for their broods (and yet strangely, the industry isn’t up for trialling diversionary feeding). But this predation pressure is not the only aspect of hen harrier ecology that the grouse shooting industry objects to. It is also known that they don’t like to see hen harriers flying over the moors during the grouse-shooting season because the harrier might disrupt the flights of red grouse being driven towards the guns. So who thinks that releasing young hen harriers back to the uplands in August/September is going to work?!

The proof will be in the pudding. Will those captive-reared hen harriers survive once they’ve been released? Their satellite tag transmissions will provide the real answer, not the result of some questionnaire that’s been answered by members of an industry that’s based on criminality and that has proven itself untrustworthy time and time and time again.