On Tuesday (17 December 2019) the Scottish Rural Affairs & Environment Minister, Mairi Gougeon, gave evidence to the cross-party Environment, Climate Change & Land Reform (ECCLR) committee which is currently considering Stage 1 of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill.

The transcript can be read here (wildlife crime discussed from page 20 onwards): ECCLR report_17December2019
The archived video can be watched here
We’ve already blogged about one aspect of that evidence, where rather than committing to a mandatory custodial sentence for possession of banned deadly poisons, just as there is for those caught in possession of illegal firearms, yet another poisons amnesty was being considered instead (see here).
The rest of the session covered a lot of ground with some well-informed questions posed by some members of the ECCLR committee, especially Mark Ruskell MSP and Claudia Beamish MSP. In addition to an increase in penalties for wildlife crimes, which is part of the core text of the proposed Bill, other topics discussed included the Werritty review (due before the end of the year), the Government’s annual wildlife crime report (apparently due to be published ‘by the end of the year’ and we expect it will show an increase in confirmed raptor persecution crimes), vicarious liability, increasing SSPCA powers to tackle wildlife crime, the ineffectiveness of General Licence restrictions because estates can simply apply for Individual licences instead, covert video surveillance, the failure of the Police Special Constables pilot scheme in the Cairngorms National Park and a question about why the General Licence restriction at Leadhills Estate, imposed after Police Scotland provided ‘clear evidence of wildlife crime’, has been reinstated during the appeals process. Government officials committed to submitting a written response to Claudia Beamish’s question on this legally complicated issue.
The discussion on increasing powers for the SSPCA during Stage 2 of the Bill was quite telling. The Minister said the SSPCA had approached the Government in recent weeks to request additional powers to help tackle wildlife crime but she seemed to go to great lengths to argue that although she is committed to considering options she didn’t forsee anything happening in this particular Bill because the Government ‘needs the chance to fully discuss the issue’ and to ‘assess the ramifications of increasing those powers’.
Yeah, she’s right, so far the Government has only taken six years and five different Environment Ministers to fully discuss the issue and consider the ramifications – see here for a jaw-dropping timeline. And after all that it then concluded that accepting the offer of free resources from an expert and experienced reporting agency like the SSPCA wasn’t the right option for tackling serious organised crime and, inexplicably, chose instead to launch a £28k pilot scheme for five part-time voluntary Police Special Constables to potter around in the Cairngorms National Park and ‘meet stakeholders’; a scheme which, unsurprisingly, has been a complete flop. Even though Mairi Gougeon wasn’t in post as one of those five Environment Ministers during that six-year stalling exercise, her advisors should know all about those shenanigans. Honestly, the extent of the feet dragging is astonishing.
Mark Ruskell MSP again raised the issue of the ineffectiveness of General Licence restrictions and other sanctions, and asked the Minister if other sanctions were available? She responded by saying that she thought it was ‘important that other deterrents are available‘ and “We are actively considering the need for an additional level of enforcement, which would not require referral to the procurator fiscal or involvement of the Scottish courts but would still provide a penalty that would act as a deterrent. We will be happy to consider the evidence and consider whether measures are as effective as they can be“.
When Mark asked her whether she would be interested in discussing with the Westminster Government the withdrawal of a firearms certificate as a potential sanction, she responded,
“Absolutely. I know that there were two recommendations around that in the Poustie review, so we will happily engage in discussions with the UK Government. I believe that the matter falls under the justice portfolio, so I would also be happy to raise it with justice colleagues and see how we can get some movement on the recommendations with the UK Government“.
Good, but if this was in the Poustie review on wildlife crime penalties published in 2015, why haven’t those discussions already taken place? That’s not Mairi Gougeon’s fault – she wasn’t in post then – but come on Scottish Government, five years on and discussions haven’t even started? This is like pulling teeth.
It’s not clear what other potential sanctions the Scottish Government is ‘actively considering’ to tackle wildlife crime but the long-awaited Werritty review should have some suggestions.



















