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Countryside Alliance in vindictive attack on police chief’s integrity

If you want an example of desperate, nasty vindictiveness, then look no further than this piece from the Countryside Alliance and Daily Mail, who have gone after Chief Inspector Lou Hubble (Head of the National Wildlife Crime Unit) for participating in the spoof rap video we posted here on Xmas Eve (see here).

The headline itself provides a wonderful insight in to the mind of a Daily Mail ‘journalist’ –

EXCLUSIVE – that’s because no other self-respecting newspaper would touch this ridiculous story

TOP FEMALE POLICE CHIEF – what’s her gender got to do with anything?

SPARKS FURY FROM COUNTRYSIDE ALLIANCE – an organisation that gets off on killing wildlife is ‘furious’ about a spoof rap video?

BY PERFORMING X-RATED RAP SONG – x-rated? Good grief

DRESSED AS TINIE TEMPAH – er, no, she was dressed as Police Supt Nick Lyall in an exaggerated spoof of his infamous red rapper coat

WITH AN ANTI-HUNT EXTREMIST – er, any evidence of this so called ‘anti hunt extremism’? Of course not.

BY HOUSE OF COMMONS – watch out, terror alert, there’s an ‘extremist’ dancing (badly) across the river from the Parliament building.

And if the headline hasn’t got you guffawing then the main article will….

‘A thick fake gold chain hanging around her neck with a large dollar sign on it completes the high-ranking officer’s unusual edgy, urban look‘

and

‘At one stage, the Chief Inspector holds her fingers in the air and then runs them down her face as she menacingly stares into the camera‘

and

‘She is also seen rubbing her fingers as if she is counting money before going on to spread her arms wide’

and

‘In another part, the officer and Dr Tingay hold up £10 notes as the words to the song go: ‘Trying to change a tenner to a hundred grand.’ They are then filmed tossing the notes away‘.

Seriously, this would be laughable if there wasn’t a more sinister motive behind this attack, and yes, we agree with Mark Avery that this is very clearly an attack.

It’s not about Lou Hubble featuring in a light hearted spoof video, with a load of partner organisations (including BASC, one of whose staff members was quite happy to don the red coat and bust some rap moves as a friendly way of showing support for Supt Nick Lyall). No, in our view this is about the Countryside Alliance exploiting an opportunity to try and undermine Lou Hubble’s integrity simply because she’s been working hard, along with Nick Lyall, to try and tackle the illegal killing of raptors by the game shooting industry.

Remember the attack on Nick Lyall’s integrity last year (see here)? Well this is exactly the same, just executed with more force.

This time, a formal complaint has been lodged about Lou and as a result she is now under formal investigation.

What utter bastards.

Lou Hubble has more integrity in her little fingernail than the Countryside Alliance could ever hope to achieve. She’s dedicated her career to tackling wildlife crime and has worked exceptionally hard since taking on the role of Head of the NWCU. Part of her responsibility has been to develop effective partnership-working with a whole range of organisations, as is demonstrated by this video, ironically. Attending the Game Fair last year as an invited guest on the BASC stand doesn’t mean she favours that organisation, just as appearing in this tribute video doesn’t indicate that she favours raptor conservationists. It’s pathetic to suggest otherwise.

Lou has approached her role with skill and patience and enthusiasm. As a result we now have a strong working relationship, better than we’ve ever had with any of her predecessors and particularly on the subject of satellite tagged raptors. Lou has put in hours and hours of work, much of it in her own time, to understand satellite tag data, how to interpret the data and comprehend what the data can and can’t tell us, and she’s subsequently facilitated extensive training for other police officers. She’s also put in to place a highly efficient protocol for investigating the suspicious disappearance of satellite-tagged raptors.

If you’d like to thank Lou for her efforts or would just simply like to show your support in the face of this vicious attack, please consider adding a comment to this blog. Her senior officers will be reading it.

UPDATE 3 February 2020: Daily Mail forced to apologise for publishing defamatory ‘extremist’ slur (here)

Wild Justice sends legal letter to DEFRA on gamebird releases

Wildlife campaign group Wild Justice has today sent a formal legal letter to the Secretary of State, asking about the apparent lack of action from DEFRA on the need to properly assess the annual release of millions of non-native gamebirds.

The letter is a pre-action protocol letter, which gives DEFRA notice of a proposed claim for judicial review if an adequate response isn’t received by 3rd February 2020.

For background detail and a copy of the letter see the Wild Justice blog here.

Spain continues to impose strong penalties for raptor poisoning

Once again the Spanish authorities are leading the way with their zero tolerance approach to illegal raptor persecution by imposing another meaningful penalty on an individual who was found guilty of poisoning four vultures (one Cinereous and three griffon) with a banned pesticide in 2012.

[A poisoned griffon vulture, photo by Hristo Peshev]

According to this article (roughly translated from Spanish via Google but clear enough to understand the main points), the unnamed criminal was given a six month custodial sentence AND a fine of 36,000 Euros AND was disqualified from hunting for a period of two years.

It’s not clear why it took so long for the case to come to court but previous cases have shown the Spanish authorities go to great lengths to find supportive evidence in these poisoning cases (e.g. seeking court warrants to collect blood samples from 150 sheep to link to a poisoned bait! – see here) and the routine use of sniffer dogs to detect traces of poisoned baits or poisoned victims. These extended investigations are not currently possible in the UK because there is a time bar on when proceedings must begin after a wildlife crime has been committed (three years in Scotland, two years in England & Wales).

This isn’t the first time that the Spanish authorities have come down hard on raptor poisoners. We’ve blogged about three previous cases (here here and here) where custodial sentences, massive fines and an extended disqualification from hunting have all been part of the sentencing package. Spain is putting the UK to shame.

However, things may soon be changing in Scotland. With the proposed new penalties for wildlife crime (including a substantial increase for many raptor persecution offences) currently going through the Parliamentary process it hopefully won’t be long before the Scottish courts will have the ability, and desire, to impose lengthy custodial sentences and massive fines on those found guilty of killing raptors.

It would be helpful if, like in Spain, there was also the option to disqualify the criminal (and his/her employing estate, if appropriate) from ‘hunting’ for a period of time commensurate with the offence(s). Of course, for this to happen we need to see the Scottish Government finally commit to introducing a licensing scheme for game bird shooting, starting with driven grouse shooting where much of the criminality is embedded.

We await the Government’s response to the Werritty Review with great interest.

Professor Werritty to give evidence to Environment Committee on grouse moor reform

Professor Alan Werritty, Chair of the Scottish Government’s Grouse Moor Management Review Group, will give evidence to the Environment, Climate Change and Environment (ECCLR) Committee on Tuesday.

Professor Werritty will be joined by Professor Alison Hestor and Professor Colin Reid, who also served on the grouse moor management review group.

Documents prepared for the evidence session suggest the Committee will be seeking further information about the recommendations made in the Werritty Review and probably on the proposed five-year delay before licensing, which seems to have been included solely to appease the grouse-shooting industry reps in the review group.

Evidence session documents: ECCLR_2020.01.21_Meeting_papers_(public)

The session begins at 09.30hrs on Tuesday 21 January 2020 in Committee Room 1 and can be watched live on Scottish Parliament TV here.

If you’re unable to watch proceedings live we’ll post the archived video and the official transcript here when they become available.

General Licence restriction for wildlife crime – a wholly ineffective sanction

Just before Christmas Scottish Environment Minister Mairi Gougeon told the Environment Committee that the Scottish Government was ‘actively considering’ additional enforcement measures on wildlife crime.

As part of this discussion, she told Committee member Mark Ruskell MSP (Scottish Greens) that the Government was considering whether current measures, such as General Licence restrictions which are imposed following evidence of wildlife crime, are ‘as effective as they can be’.

The issue of General Licence restrictions had been discussed at an earlier committee hearing where we and RSPB Scotland had argued the sanction was impotent because an estate could simply apply for an individual licence to continue killing the wildlife it would have killed under the General Licence, just with a bit more paperwork to do. However, BASC had disagreed with us and defended the General Licence restriction as an effective sanction as follows:

Ross Ewing (BASC): I disagree with Ruth Tingay and Ian Thomson on the effectiveness of the restriction of general licences. It is important not to underestimate the pivotal role that general licences play on shooting estates in Scotland, where they are an integral part of what the estates do. Restricting a general licence will make it very difficult for estates to carry out an integral function.

Ruth Tingay mentioned applications for individual licences—there is a litany of species for which individual licences would need to be applied for. Moreover, an estate’s having a restriction against it reflects very badly on it, and information about that is publicly available online. I know a number of people who would probably not visit an estate that had a restriction purely on the basis that they would know that wildlife crime was probably being committed there.

The other thing to note about the restriction of general licences is that it takes place under the civil burden of proof— there is no need to surpass the criminal burden of proof, as there would be otherwise. That is a really useful tool. Currently, the police and SNH meet every three months. Perhaps if they met more regularly to review the situation, that might result in a few more restrictions being put in place. As a result, restrictions might act as more of a deterrent.

ENDS

Let’s look at each of those claims in turn.

First, restricting a General Licence does NOT make it ‘very difficult for estates to carry out an integral function‘ (and that statement of ‘integral function’ deserves to be pulled apart, but this isn’t the time). As we’ve pointed out time and time again, when a General Licence restriction has been imposed based on ‘clear evidence’ of wildlife crime, the estate can simply apply to SNH for an individual licence to carry on as before but has to do a bit more paperwork by applying for the licence and then submitting a return at the end of the year, e.g. see here. That’s hardly ‘very difficult‘, is it?

BASC says, ‘There is a litany of species for which individual licences would need to be applied for‘ – this is misleading. As we’ve seen, when a General Licence restriction has been imposed an estate needn’t apply for an individual licence to continue killing each separate species – SNH will simply issue one individual licence (e.g. see here) that permits the gamekeeper and his/her named associates to kill multiple species. Again, this process is hardly ‘very difficult‘.

The BASC rep argued, ‘I know a number of people who would probably not visit an estate that had a restriction purely on the basis that they would know that wildlife crime was probably being committed there’. He may well know a number of people with principles but there is sufficient evidence to demonstrate that a General Licence restriction does not deter others from visiting.

For example, here is evidence of GWCT hosting a guided tour and BBQ on ‘the renowned Corsehope Shoot‘ in June 2017, at the same time that this estate was serving a three year General Licence restriction, along with neighbouring Raeshaw Estate, following evidence of wildlife crime:

Here’s another example showing how a General Licence restriction is no deterrent to many visitors. This is a social media post on 30 January 2019 by the Edradynate Estate talking about “a belter season“, at the same time this estate was serving a three-year General Licence restriction following evidence of wildlife crime:

And it’s clear that a General Licence restriction is no deterrent for endorsement from the British Game Alliance, the game shooting industry’s own ‘assurance’ scheme, membership of which is supposed to indicate ‘rigorous and ethical standards’ although we’ve questioned this before (see here and here).

Yep, these General Licence restrictions are really hurting these estates.

BASC’s final argument about General Licence restrictions was a suggestion that if the Police and SNH met more frequently than every three months this ‘might result in a few more restrictions being put in place’. This is simply nonsense. It’s not the frequency of evidence-sharing meetings that has resulted in so few General Licence restrictions being imposed – quarterly meetings have been happening for the six years since the restriction sanction was made available to SNH.

However, the actual reasons behind decisions not to impose a General Licence restriction despite clear evidence of wildlife crime, including actual convictions, are still being kept secret by SNH because, they argue, it isn’t in the public interest to discuss them.

In these post-Werritty months we know the Scottish Government is going to have to make some big decisions about game bird management and its deep association with ongoing wildlife crime. The shooting industry will be doing its level best to maintain the status quo and limit any additional sanctions, which is what BASC is trying to do with this weak defence of General Licence restrictions.

We’ll continue to put evidence in front of Ministers and MSPs to ensure the status quo is not allowed to continue.

Decision due on General Licence restriction for Leadhills Estate

On 26 November 2019 Scottish Natural Heritage (SNH) imposed a three-year General Licence restriction on Leadhills Estate, South Lanarkshire, after receiving what it described as “clear evidence” of wildlife crimes from Police Scotland (see here, here and here).

Those alleged offences included the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (when SNH was given the power to impose a General Licence restriction on estates or individuals in Scotland). SNH also claimed that ‘wild birds’ nests had also been disturbed’, although no further detail was provided. The estate has consistently denied responsibility and implied it was the work of ‘bird of prey activists‘.

[This adult male hen harrier was found with his leg clamped in an illegally-set spring trap next to a nest on Leadhills Estate in May 2019. His leg was almost severed and despite the valiant efforts of a world-class wildlife vet, he had to be euthanised]

The General Licence restriction was supposed to be in place for three years but it lasted only 14 days. On 10th December 2019 SNH lifted the restriction because Leadhills Estate had chosen to appeal the decision to restrict.

According to SNH policy, an appeal has the immediate effect of suspending the General Licence restriction from the date SNH receives the appeal letter. SNH then has to consider the appeal and must notify the estate of the appeal outcome in writing, setting out the reasons behind the decision. SNH policy guidelines state it will seek do this within four weeks of receiving the appeal letter.

Those four weeks are now up (Tues 7th Jan was the four week marker) although there was the Xmas break to consider so perhaps it’ll take a bit longer. Although to be frank it shouldn’t take any time at all to reach a decision. SNH has already been through an appeals procedure with the estate – as per SNH policy – when SNH first notified Leadhills that a General Licence restriction was being considered. Leadhills Estate then had an opportunity to state its case and explain why a restriction shouldn’t be made. In this case, SNH chose to crack on and imposed the restriction based on the ‘clear evidence’ of wildlife crime provided to SNH by Police Scotland. Why there now has to be a second appeal process is anyone’s guess.

Maybe it’ll catch on. Maybe suspects at a police station, having had an opportunity to defend themselves before a charge is laid, will then be given a further 14 days after the charge has been laid to appeal the charging decision all over again and by doing so can have the original charge lifted for at least four weeks while the police/CPS consider the second appeal. It’s genius.

It’s quite likely that a lot of people will be paying close attention to SNH’s decision on whether or not to reinstate the General Licence restriction at Leadhills Estate, not least grouse moor owners’ lobby group Scottish Land and Estates (SLE). Leadhills Estate is a member of SLE and Lord Hopetoun of Leadhills Estate is Chair of SLE’s Moorland Group. So far, SLE has not commented publicly on this fascinating relationship.

Scottish Gamekeepers Association silent as Government report confirms increase in raptor crime

Yesterday we blogged about how the Scottish Government’s latest annual wildlife crime report (2018) had shown that raptor persecution crimes have more than doubled since the previous year’s report (see here).

And despite the Government’s decision to publish this report when everyone had already packed up and gone home for Xmas, it still drew a headline in The Scotsman on Xmas Eve:

This reported increase in raptor persecution offences won’t have come as a surprise to blog readers – the relentless crime wave had already been reported by the RSPB’s annual Birdcrime report, back in August – see here.

The media coverage of the Birdcrime report was good, both in England and Scotland, and, unsurprisingly given the occupation of the majority of convicted offenders, the Scottish Gamekeepers Association (SGA) was asked by the Independent to provide a quote about the crime increase. It included this little gem:

So, the SGA refused to comment on the increase in raptor crime because the RSPB’s figures were somehow ‘unofficial’ – despite the RSPB being the only organisation in the country to compile these figures and rigorously categorise them using a three-tier classification system which is scientifically legitimate and provides a clear indication of interpretation limitations.

Not that the SGA would be concerned about scientific legitimacy – remember this is the organisation that lobbied the Government about the so-called threat posed by sea eagles to babies and small toddlers. No, the SGA just didn’t want to acknowledge that raptor crime had doubled in the last year and if there was an opportunity to have an unveiled dig at the RSPB at the same time then all the better.

So here we are, several months later and the Scottish Government’s own report – the ‘official’ statistics – show that reported raptor persecution crimes did indeed more than double in a year.

And the SGA’s response to this news?

Silence.

Just what you’d expect from an organisation purported to be a fully signed up member of the Partnership for Action against Wildlife Crime, eh?

Crimes against birds of prey in Scotland double, new Government report confirms

Two days before Christmas the Scottish Government published its annual wildlife crime report, the seventh since it became a statutory obligation under the Wildlife and Natural Environment (Scotland) Act 2011 for Ministers to lay a report on wildlife crime at the end of every calendar year.

The current report is entitled the ‘2018’ report, but it actually refers to wildlife crimes recorded from April 2017 to March 2018.

The report can be downloaded here: wildlife-crime-scotland-2018-annual-report

The headline news is that reported raptor persecution crimes have doubled since the previous year’s report. So much for the game shooting industry’s repeated false claims then that raptor persecution is declining.

And all the more shocking that this doubling in increase took place at exactly the same time that the Werritty Review was underway – you’d think that the criminals within the grouse shooting industry would have had the sense to ease off whilst under such close scrutiny, at least until the review was completed. But no, they’re either too stupid or, more likely, too arrogant to care, knowing full well the chance of being caught and prosecuted is virtually nil.

We’ll be looking at the game shooting industry’s response to this report in later blogs.

Ian Thomson of RSPB Scotland was quoted in the press as saying the increase in reported raptor persecution crimes is of “significant concern“. He also said,

“This shows very clearly that the targeting of our raptors continues unabated, particularly on intensively managed grouse moors.

The repeated and ongoing suspicious disappearance of satellite-tagged birds of prey, almost exclusively on or adjacent to areas managed for driven grouse shooting demonstrates very clearly that the Scottish Government needs to expedite the robust regulation of this industry“.

The report’s foreword has been written by Environment Secretary Roseanna Cunningham and it’s well worth a read as she acknowledges the crime stats are a likely underestimate of the true scale, particularly as wildlife crime on remote grouse moors is difficult to detect without witnesses. It’s an obvious point but one that does need to be repeated.

She also makes the important and significant point of discussing the ‘missing’ satellite tagged raptors (two golden eagles + six hen harriers) that vanished during this period. These missing birds are not included in the ‘official’ crime stats because without a body the police are unable to record the disappearance as a crime (which is why so many simply disappear without trace – the criminals know how to play this game) but she says of the sudden suspicious losses, “These circumstances strongly suggest that many of these incidents may be the result of illegal killing of these birds“.

The rest of the foreword makes no commitment to taking forward any specific action, which is hugely disappointing. Roseanna simply acknowledges that there’s still an ongoing issue and repeats the now familiar mantra that the Scottish Government is still committed to tackling it, but doesn’t map out how, apart from talking about increased penalties for wildlife crime, which we’ve already had to wait six years for and they’re still not here yet. Perhaps this vagueness is unsurprising given that we’re now waiting to hear the Government’s formal response to the Werritty Review and the specific actions it intends to take. Apparently we’ll learn details of that response ‘in due course‘, widely expected to be April.

The timing of the publication of this wildlife crime report was pretty poor – two days before Christmas isn’t ideal, although it did get some coverage in the Scotsman the following day on Christmas Eve. In response, Mark Ruskell MSP, the Scottish Green’s Environment spokesperson, suggested the Government was ‘trying to bury bad news’. It’s a fair point.

UPDATE 8 January 2020: Scottish Gamekeepers Association silent as Government report confirms increase in raptor crime (here)

First Hen Harrier Day event for Wales – 18 July 2020

Save the date folks – 18 July 2020 – as Hen Harrier Day arrives in Wales!

Beginning in 2014, this annual event has since spread across the UK including England, Scotland and Northern Ireland, typically taking place on the weekend before the opening of the grouse-shooting season on 12th August.

It’s brilliant to see people in Wales now stepping forward to host an event and also to see it spreading beyond August. Hen harriers are illegally killed on grouse moors year-round, not just in August, so the more opportunities there are to highlight these crimes, the better.

If you’re on social media follow the organisers of Hen Harrier Day Wales @wcrcuk for more details.

UPDATE 14 March 2020: Booking opens for Hen Harrier Day Wales (here)

New Chairman for Scottish Land & Estates

Scottish Land and Estates (SLE), the grouse moor owners’ lobby group (amongst other things) has announced its new Chairman will be sporting estate owner Mark Tennant.

Mark will begin his new role in April 2020 when the current Chair, Lord David Johnstone, steps down.

We don’t know much about Mark other than what SLE has written in its announcement (here) but let’s be honest, he’s not exactly got big shoes to fill. His predecessor, ‘Dumfriesshire Dave’ has spent the last five years pretending everything’s fine and suggesting there’s really no need to do anything about the illegal killing of raptors on grouse moors because it’s no longer an issue, it’s mostly just the RSPB trying to smear the good name of the industry and/or ‘activists’ trying to ‘set up’ law-abiding estates. (E.g. see here, here, here, here, here). Talk about dial ‘D’ for denial.

It’s hard to think of a single example where Dumfriesshire Dave has inspired any confidence in the industry’s willingness, let alone ability, to clean up its act, so Mark Tennant has a bit of an open goal to get off to a good start, should he choose to take it.

According to the SLE announcement, Mark will be working ‘to help fight climate change’. Excellent. Can we expect all SLE-member grouse moor owners to commit to stopping their routine heather burning regimes, including on deep peat, in the interests of addressing the climate emergency?

What we do know about Mark, from the SLE announcement, is that his ‘family business Innes Estate in Elgin has been a member of SLE for over 40 years‘. That’s really interesting. So SLE didn’t expel the estate when the then head gamekeeper was convicted in 2007 for poisons and firearms offences, then? NOTE: there is no suggestion that those historical offences were part of a wider pattern of continued wildlife crime on the estate – as far as we are aware there are no further reports of alleged offences at this estate – we’re just interested at SLE’s apparent lack of action in response to wildlife crime.

Speaking of which, here’s something Mark could sort out for us. We’re still waiting to hear from SLE whether the Longformacus Estate (the location of a catalogue of horrific and violent wildlife crimes for which a gamekeeper was recently convicted) was, and if so still is, a member of Scottish Land & Estates? We asked SLE this specific question in August, after the Crown Office chose not to pursue a prosecution for alleged vicarious liability and SLE had until then avoided commenting on the estate’s membership status. We had a quick response from the Membership Department who told us, ‘I have forwarded on your email to our Senior Management Team who will respond in due course‘. Needless to say, silence since then.

Over to you, Mark. Was/is Longformacus Estate a member of Scottish Land & Estates?