George Mutch trial: sheriff rules video evidence admissible

Sheriff Noel McPartlin, presiding over the trial of gamekeeper George Mutch (Kildrummy Estate, Aberdeenshire) yesterday ruled that the RSPB’s video footage is admissible.

His ruling was based on his view that the footage in question was a by-product of a legitimate survey (in to the use of crow cage traps) rather than the camera being placed with the sole intention of filming someone committing a criminal act.

This ruling doesn’t mean that covert video footage will be acceptable evidence in all criminal proceedings; each case will have to be considered based on its specific circumstances. But in this trial at least, the video evidence has been ruled lawful.

That is a big result. More often than not, this sort of evidence has not been accepted in Scotland, although it is routinely accepted in England. Credit is due to the Fiscal, Tom Dysart, and especially to former Environment Minister Paul Wheelhouse for all the political pressure he piled on to the Crown regarding the use of video evidence in wildlife crime prosecutions.

After two days of legal wrangling and following Sheriff McPartlin’s decision, Mutch’s trial got underway ‘properly’ yesterday, i.e. the evidence (video) was shown in court.

One recording filmed on August 14th 2012 showed a goshawk being caught inside a Larsen trap, which had been set inside a pheasant pen. A live Jay was being used as the decoy bird [illegally – the General Licences do not allow a Jay to be used as a decoy species in a Larsen trap]. Mutch was filmed approaching the trap the next morning at around 6am.

Prosecution expert witness David Anderson, a Conservation Manager for the Forestry Commission, was asked to tell the court what he could see in the footage, which was filmed in misty conditions. He said the man appeared to pick up an object to pin down the bird. “Then I saw the man got the bird, pulled it out and dispatched it with a stick or whatever they had in their hand”.

Another recording showed Mutch walking in to a crow cage trap (also set inside a pheasant pen) and catching a goshawk that had been caught in the trap. The bird was placed (alive) inside a white sack and removed from the cage.

Mutch has denied all the charges against him.

The trial continues at Aberdeen Sheriff Court and hopefully it’ll conclude today.

Case against gamekeeper George Mutch: part 13

The criminal trial of Scottish gamekeeper George Mutch is set to re-start today.

Mutch, of Kildrummy Estate, Aberdeenshire, is accused of a series of offences relating to the capture and subsequent killing or injuring of a number of raptors, alleged to have taken place in August 2012. He has denied the charges.

This case has dragged on for over two years. Eventually a trial date was set for October 2014 but it was quickly adjourned after the defence QC argued that the presiding Sheriff shouldn’t hear the case as she was a member of the RSPB (see here).

Presumably there’ll be a different sheriff in court today; one with absolutely no connection whatsoever with game-shooting, eh?

New venue announced for 2015 Scottish Birdfair – hurray!

Scottish BirdfairRSPB Scotland has announced its new venue for the 2015 Scottish Birdfair – Levenhall Links, east of Edinburgh.

Thank god they’ve finally ditched Hopetoun House, the controversial venue that hosted the Birdfair for the last three years.

The controversy centred on Hopetoun’s relationship with the Leadhills (Hopetoun) Estate in South Lanarkshire – a driven grouse moor with a shocking record:

2003 April: hen harrier shot [prosecution failed – inadmissible evidence]

2003 April: hen harrier eggs destroyed [prosecution failed – inadmissible evidence]

2004 May: buzzard shot [no prosecution]

2004 May: short-eared owl shot [gamekeeper convicted]

2004 June: buzzard poisoned (Carbofuran) [no prosecution]

2004 June: 4 x poisoned rabbit baits (Carbofuran) [no prosecution]

2004 June: crow poisoned (Carbofuran) [no prosecution]

2004 July: poisoned rabbit bait (Carbofuran) [no prosecution]

2004 July: poisoned rabbit bait (Carbofuran) [no prosecution]

2005 February: poisoned rabbit bait (Carbofuran) [no prosecution]

2005 April: poisoned buzzard (Carbofuran) [no prosecution]

2005 June: poisoned rabbit bait (Carbofuran) [no prosecution]

2005 June: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 February: poisoned buzzard (Carbofuran) [no prosecution]

2006 March: poisoned buzzard (Carbofuran) [no prosecution]

2006 March: poisoned pigeon bait (Carbofuran) [no prosecution]

2006 April: dead buzzard (persecution method unknown) [no prosecution]

2006 May: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 May: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 May: poisoned egg baits (Carbofuran) [no prosecution]

2006 June: poisoned buzzard (Carbofuran) [no prosecution]

2006 June: poisoned raven (Carbofuran) [no prosecution]

2006 June: 6 x poisoned rabbit baits (Carbofuran) [no prosecution]

2006 June: poisoned egg bait (Carbofuran) [no prosecution]

2006 September: 5 x poisoned buzzards (Carbofuran) [no prosecution]

2006 September: poisoned rabbit bait (Carbofuran) [no prosecution]

2006 September: poisoned rabbit bait (Carbofuran) [no prosecution]

2007 March: poisoned buzzard (Carbofuran) [no prosecution]

2007 April: poisoned red kite (Carbofuran) [no prosecution]

2007 May: poisoned buzzard (Carbofuran) [no prosecution]

2008 October: poisoned buzzard (Carbofuran) [listed as ‘Nr Leadhills’] [no prosecution]

2008 October: poisoned rabbit bait (Carbofuran) [listed as ‘Nr Leadhills’] [no prosecution]

2008 November: 3 x poisoned ravens (Carbofuran) [listed as ‘Nr Leadhills’] [no prosecution]

2009 March: poisoned rabbit bait (Carbofuran) [no prosecution]

2009 March: poisoned raven (Carbofuran) [no prosecution]

2009 April: poisoned rabbit bait (Carbofuran) [gamekeeper convicted]

2009 April: poisoned magpie (Carbofuran) [no prosecution]

2009 April: poisoned raven (Carbofuran) [no prosecution]

2010 October: short-eared owl shot [no prosecution]

2011 March: illegally-set clam trap [no prosecution]

2011 December: buzzard shot [no prosecution]

2012 October: golden eagle shot (just over boundary with Buccleuch Estate) [no prosecution]

2013 May: shot otter found on estate [no prosecution]

2013 June: significant cache of pre-prepared poisoned baits found on estate [no prosecution]

2013 August: red kite found shot and critically-injured in Leadhills village [no prosecution]

2014 February: poisoned peregrine (Carbofuran) [‘Nr Leadhills] [no prosecution]

Why RSPB Scotland ever thought that holding their prestigious event at Hopetoun House was a good idea remains a mystery – we blogged about it extensively and the RSPB’s decision to stay there caused many visitors, exhibitors and speakers to boycott the event (see here for an overview).

So we’re delighted, as probably are many others, to hear that the 2015 Scottish Birdfair will be at a new venue – Levenhall Links – a place with no known links to driven grouse shooting or any type of wildlife crime. Well done, RSPB Scotland.

RSPB press release here

Scottish Birdfair website here

RACCE committee writes to new Environment Minister re: wildlife crime

RACCEYou’ll recall last month that the Scottish Parliament’s cross-party Rural Affairs, Climate Change & Environment (RACCE) Committee took evidence on wildlife crime, following the publication of the Government’s 2013 annual report on wildlife crime in Scotland.

We blogged about the evidence given by Police Scotland and the Crown Office (here) and the evidence from (now former) Environment Minister Paul Wheelhouse (here).

We said at the time that the RACCE Committee were a pretty well-informed bunch and, with the publication of their letter to the new Environment Minister Aileen McLeod, we continue to be impressed.

It is clear from their letter that they are no push-over, and that they intend to hold the Minister, as well as Police Scotland and the Crown Office, to account. Good on them!

The letter sets outs their views on the issues that were discussed during the two hearings. These include their continuing concerns about the inconsistent presentation of data in the annual wildlife crime reports; their concerns about recorded wildlife crimes being ‘the tip of the iceberg’ and how this needs to be addressed; continuing concerns about police under-resourcing; and a suggestion that PAW Scotland should include incidents of poison baits and illegal traps in their annual wildlife crime mapping exercise. Excellent stuff.

There is a rather pointed comment about Police Scotland’s last press release on the Ross-shire Massacre, basically agreeing with the general view that their press release was ridiculous (although they’re a bit more diplomatic than that, obviously). Talking of that press release, has anyone had a response from Assistant Chief Constable Malcolm Graham about his claim that other agencies had supported that press release (see here)? We haven’t heard a word from him, even though he was asked for information on 31st October – we’d be interested to know if anyone else has received a reply or if ACC Graham is ignoring everyone? If he is, then we’ll be encouraging you to contact the Information Commissioner to seek a review.

Staying on the Ross-shire Massacre for a minute, there’s also a claim in the RACCE’s letter that Police Scotland undertook “a full review” of the inquiry, including the investigative approach, the media strategy and the forensic investigation, and that “this process has involved partners including RSPB Scotland and the SSPCA”. Really? Disppointingly, the RACCE Committee didn’t ask to see the results of that “full review” and instead just commented that “once the case has concluded, Police Scotland and PAW Scotland are asked to consider what lessons are to be learned for the future”. Let’s be realistic here – this case isn’t going to ‘conclude’ – it’s been nearly nine months since 22 raptors were killed in a mass-poisoning with a banned poison and nobody has been arrested, let alone charged. The lessons need to be learned now, not in three years time when everyone has forgotten about it.

The letter also includes the Committee’s concerns about the poor detection and conviction rates associated with wildlife crime, and suggests that these crimes are “insufficiently prioritised” by COPFS. We’re greatly looking forward to the publication of a forthcoming report that will examine, amongst other issues, the detection and conviction rates of some wildlife crimes in Scotland. The report is due out shortly and apparently there’ll be a presentation on its findings at the BAWC Wildlife Crime Conference in March. Should be interesting.

All in all then, a promising letter from the RACCE Committee and we’ll wait with interest to read the new Environment Minister’s response.

Download the letter here: RACCE letter to Env Minister re Wildlife Crime Dec 2014

Sporting estates “are a rural perversion”

Journalist Jim Crumley has a wonderful turn of phrase.

Last month he called the Scottish Gamekeepers’ Association “the UKip of the natural world” (see here). Yesterday, in his latest article in the Courier he said:

The sporting estate is not a rural business model, it is a rural perversion“.

He was referring to the SGA’s response to the SNP’s proposed land reforms in his article entitled ‘Land reform: predictably, the bleating has begun‘. Here’s an excerpt –

“……….Ladies and gentlemen, I invite you to raise your glasses to the Scottish Government’s ‘radical programme of land reform’. And once you’ve done that, I further invite you to arm yourselves with hammer and symbolic nails, the better to nail down the coffin of the stranglehold that has given us the deer forest and the grouse moor. And not to mention the exorcism of the ghost of Queen Victoria that has presided over the monstrous abuse of Scottish land for almost 114 years and not to mention the decades of her life during which she actively promoted it.

Much of mainland Europe gave up such ghosts aeons ago. It is time – it is long, long past time – that Scotland addressed head-on the most entrenched and sustained injustices that ever clung to the fair face of the land, that still cling, a clenched grasp on the land to which we should belong and to which belonging is denied to almost all of us.

The bleating of landowners, factors and gamekeepers have already begun and it will get louder until this new, flowing tide of post-referendum optimism drowns them out and lets in sunlight and brisk winds to illuminate and banish the stourie, cobwebby old gloom of their oppressive regime. Its days are numbered.

In its predictable response to Nicola Sturgeon’s announcement, the Scottish Gamekeepers’ Association’s spokesman said: “There has to be an acknowledgement that some rural business models already deliver in the public interest”.

The sporting estate is not a rural business model, it is a rural perversion; one that puts hundreds of thousands of acres far beyond the reach of the public interest, or for that matter far beyond the well-being of nature; one whose management wraps the land in a time warp that honours Victorian practices of raptor control and of obliterating at every opportunity those of nature’s creatures it deems inconvenient and dumps the carcasses in stink pits marked “vermin”. The reforms should outlaw the very word.

As with the Smith Commission, the land reform legislation will be seen by many Scots as a first step on a new, progressive and optimistic journey rather than a destination in itself. Ending business rates exemptions for sporting estates and using the resultant millions to swell the Land Fund and foster more community ownership ventures may seem a startling initiative to many Scots, but all over mainland Europe they will be wondering why it took us so long.

There should be two essential elements to land reform. One, which these new proposals serve, and which is indeed a rural business model that delivers in the public interest, brings much more land under the essentially benevolent influence of many more communities. The other is to create opportunities for nature that have been denied to it for centuries, and that is a cause that can perhaps best be served by bringing a large area of land into state control to create a showpiece national park devoted to species conservation and reintroduction, native habitat restoration, recreation and expansion.

A national park owned by the nation may sound like shooting for the moon, but again, in mainland Europe and North America, it is simply the norm and always has been. Our peculiarly Scottish (peculiarly in both senses of the word) land use history has left us far, far behind the times, so that our new aspirational frame of mind has to be willing to think big just to achieve these norms that are a facet of life in so many modern, independent nations.

Imagine a Heartland National Park that stretches from the Moor and the Black Wood of Rannoch south to Loch Tay and Glen Dochart and west across the Black Mount, Glencoe and Glen Orchy to the shores of Loch Etive.

It would also link our existing national parks and serve as a role model in matters like prioritising the needs of nature over development and tourism. It would lead by example in teaching new community-owned estates how to be better neighbours with the natural world, so that the growing rural population of people would relearn something of the old skills our ancestors once knew about honouring the company of the growing population of nature, rather than obliterating it with shotguns, traps, and a Victorian apothecary’s arsenal of poisons…………..”

END

All eyes are on the land reform proposals right now, and there’s huge anticipation that maybe, just maybe, they’ll provide a means of finally holding The Untouchables to account.

The Scottish Government has launched a public consultation on the proposed reforms (here). The document includes a foreword by new Environment Minister Aileen McLeod (whose portfolio now includes, Environment, Climate Change and Land Reform – she’s going to be busy!).

If you’re interested in an incredibly well-informed view on land reform issues in Scotland, we recommend you subscribe to Andy Wightman’s blog.

There’s also a good article from George Monbiot today – see here.

Below is a photograph of an intensively driven-grouse moor in the Eastern Highlands, by Chris Townsend (for background see here and especially Chris’s blog here).

east-highlands-devastation-chris-townsend

Groups call for an end to the vilification of the hen harrier

BirdWatch Ireland and the Irish Raptor Study Group have joined forces to call for an end to the “continuing vilification” of the hen harrier.

These conservation groups say they are deeply concerned over mounting pressures from the farming community to lift a ban on afforestation within the designated Special Protection Area (SPA) network for hen harriers.

They said: “Recent comments by the Minister of State at the Department of Agriculture, Tom Hayes, indicated support for further afforestation in these protected areas, which would be an environmental disaster and have a devastating effect on the national hen harrier population, which is already in decline“.

Full story in the Irish Examiner here.

A recent parliamentary question and answer session on this subject can be read here.

Last year, Councillor John Sheahan of Limerick County Council caused public uproar when he called for ‘open season’ on hen harriers if restrictions in Hen Harrier SPAs were not lifted (see here).

The hen harrier is a species of high conservation concern in Ireland (just as it is elsewhere in the UK) and is fully protected under regional, national and international legislation.

Hen harrier photograph by Gordon Langsbury

GWCT takes aim at Scottish pine martens

The GWCT are at it again. First they wanted buzzards and sparrowhawks added to the Scottish General Licences to allow the legal killing of these protected species in order to protect non-native gamebirds bred and released in their millions for leisure shooting. Then they went for the legal ‘removal’ of hen harriers from English grouse moors to protect artificially-high stocks of red grouse for leisure shooting. Now their plan to ‘remove’ pine martens from several Scottish forests, under the guise of a ‘research trial’, has been leaked.

Their ‘plan’ is to ‘remove’ 120 pine martens (a highly protected species that is recovering from persecution) from four forests in Strathspey, including inside the Cairngorms National Park, over a six-year period to see whether their ‘removal’ has any affect on the breeding success of Capercaillie. The plan suggests that the martens could be killed but a ‘translocation’ to other areas would be preferable. Conservationists have called the plan ‘deeply flawed’.

The story has been published by environmental journalist Rob Edwards and can be read here, including a copy of the GWCT’s ‘plan’.

We’ve got a bit more to add to this story. A freedom of information request has revealed some interesting facets. It seems that GWCT has been pushing this proposal for some time, in discussion with SNH, Forestry Commission Scotland and Cairngorms National Park Authority. The RSPB has ruled itself out of any involvement. There has been a lot of unease about the GWCT’s proposed methods amongst SNH, FCS and CNPA and also the likely adverse publicity that this ‘trial’ would generate.

GWCT has been told that licences to permit the killing of pine martens are unlikely to be supported, and also licences to permit the live-trapping of pine martens during the lactation period (15 March-31 July) are unlikely to be supported on animal welfare grounds. However, SNH suggested that the martens could be live-trapped BEFORE mid-February to avoid catching them before they become pregnant!

It’s also revealed that the Vincent Wildlife Trust are ‘not receptive’ to hosting translocated pine martens, which basically scuppers the GWCT’s proposal because they had been relying on the VWT’s cooperation.

The original plan was to start live-trapping pine martens in early 2015. However, SNH has put the brakes on and has asked GWCT for an extended development plan before the research proposal can be considered further. SNH has said they probably won’t consider the experimental removal of pine martens before the start of 2016 at the earliest.

Here are the FoI documents:

Information Request 1

Information Request #1 includes various versions of GWCT’s proposal, including comments from SNH; RSPB Scotland’s position statement on the trial; the Mammal Society’s position statement on the trial (and that is really worth a read!); and some email correspondence.

Information Request 2

Information Request #2 includes a letter from SNH to GWCT outlining what needs to be done before the proposal will be further considered; and a summary of GWCT’s baseline data collected in 2014. There are a few pages of redacted information but these relate to Capercaillie locations so it’s understandable that they should remain undisclosed.

Information Request 3

Information Request #3 includes a series of emails (many reproduced in the other information notes) and minutes from a meeting held on 2nd October 2014 between GWCT, SNH, FCS and CNPA. There’s also confirmation that the Vincent Wildlife Trust are ‘unreceptive’ to receiving translocated pine martens.

Pine Marten photograph by Gary Faulkner.

Last night’s Landward programme: putting lipstick on a pig

Last night’s BBC 2 (Scotland) Landward programme was all about driven grouse shooting. The programme had been billed as follows:

‘Grouse shooting brings millions of pounds into the Scottish rural economy, yet it is controversial. Dougie Vipond and Sarah Mack go on a shoot to see the sport first-hand, while Euan McIlwriath investigates the impact of grouse moors on the environment’.

On that basis, we expected a well-balanced programme exploring the detail of those ‘controversies’ with input from both ‘sides’. What we got was a BBC whitewash with a quite astonishing level of presentational bias. Not what we expected from a team who are all-too-familiar with raptor persecution, especially after their programme a couple of years ago which produced the classic Alex Hogg quote lie: “Professional gamekeepers do not poison raptors“.

You only have to look at the line-up of interviewees on last night’s programme to see that something was amiss:

Robert Jamieson, owner of gunmakers James Crockhart & Son, Blairgowrie.

Andrew Farquharson, owner of Finzean Estate, Aberdeenshire.

Allan ‘Hedge’ Shand, head gamekeeper of Finzean Estate.

Charlie Thorburn, gungog trainer from Mordor Gundogs.

Robert Rattray, sporting letting agent from CKD Galbraith.

Robbie Kernahan from SNH’s licensing department.

Tim (Kim) Baynes, Moorland Group Director, Scottish Land & Estates.

How many of these individuals would you expect to provide a fully comprehensive commentary on the dirty realities of driven grouse shooting? It’s almost as if the programme had been written and directed by the SGA!

We heard about the history of driven grouse shooting, how it’s the ‘Sport of Kings’, how much a decent gun would cost, how it’s a key part of the Scottish rural economy, how good it is for supporting rural jobs and how it’s still considered a ‘prestigious field sport’. You’d expect as much from people with a vested interest in maintaining this filthy industry. But what about the other side of the story?

We did hear about habitat management on the Finzean Estate (from the estate owner and his head gamekeeper) and we were told that this is an award-winning estate because it won this year’s Golden Plover Award for Moorland Managagement. What wasn’t said was that this award was given by two industry organisations –  The Heather Trust and GWCT – two organisations who clearly don’t have a vested interest in promoting driven grouse shooting. Ahem.

But we didn’t hear anything about the environmental implications of driven grouse moor management, such as the effects of intensive heather burning, building tracks across the moorland, putting in car parks on the moors, installing grouse butts on the moors, the increased risk of flooding resulting from grouse moor management, the wholesale (legal) indiscriminate slaughter of hundreds of thousands of native creatures that could conceivably eat an egg or a grouse, including foxes, stoats, weasels, crows etc, nor the unregulated massacring of mountain hares for no good reason whatsoever (see here here and here). Why not?

And what about raptor persecution? Well, poisoning did get a brief mention, although there was no indication about the scale of illegal killing associated with driven grouse moors in Scotland (and northern England). Why not?

The head gamekeeper was asked what predators he had on the hill at Finzean, presumably in an attempt to show that this estate was predator-friendly. He mentioned foxes and hoodies, but ‘forgot’ to mention that they’re not tolerated and are routinely killed year-round, as they are on all driven grouse moors. He also mentioned a few raptor species, including merlin, ‘eagles’ and peregrine. Now that was interesting. Finzean does indeed have some raptor species, including a pair of red kites and golden eagles. But there’s having eagles and then there’s having eagles. The Finzean eagles aren’t doing very well. Their breeding attempts are routinely unsuccessful and there is a suspiciously regular turn-over of breeding birds at this site. Why is that? Golden eagles tend to be relatively sedentary once they’ve settled in a breeding territory, and only rarely do they move or change partner. The odd turn-over event is to be expected – if one of the pair dies (natural mortality) or if a nearby ‘superior’ breeding site becomes available – but these events are relatively rare and certainly couldn’t be described as a ‘regular’ behaviour, and yet territorial eagles are turning over with regularity at Finzean. Hmm.

And what about hen harriers? Why didn’t the presenter ask about those? We would have liked to have heard the head keeper’s comments on that. Finzean did used to have breeding hen harriers, but they’re not there any more and haven’t been for some time. Why not?

There was a short piece on the new restriction on General Licences that SNH may choose to use if they believe, on the balance of probabilities, that illegal raptor persecution has taken place. However, there was no mention of the ‘get-out clause‘ that would allow an estate to simply by-pass the imposed restriction and get an individual licence instead.

All in all then, a pretty god-awful, poorly-researched programme that failed to highlight the on-going environmental concerns associated with driven grouse shooting, and instead tried to portray it as something it really isn’t. You can put lipstick on a pig, but it’s still a pig.

As it’s the awards season, we might have to consider starting our own – the Lip-sticked Pig Awards for Grouse Moor Management. This programme would be a contender for best documentary of the year.

If you missed the programme, you can watch it in BBC iPlayer for the next 29 days here

‘Eyes in the Field’: wildlife crime conference

BAWC conf logoA national wildlife crime conference with a difference will take place in spring 2015. Entitled ‘Eyes in the Field’, it’s being organised by the campaign group Birders Against Wildlife Crime, the team who instigated this year’s highly successful Hen Harrier Day.

What’s different about this conference is that it’s open to the general public. Most wildlife crime conferences have restricted access and are aimed predominantly at police wildlife crime enforcers, with a limited number of places made available to members of certain wildlife NGOs. This particular conference, however, has been designed specifically for the general public and aims to provide a broad range of information to enable us all to effectively tackle wildlife crime.

There’s an interesting line-up of speakers, including prominent wildlife campaigners (Mark Avery, Chris Packham, Dominic Dyer), wildlife crime investigators (Bob Elliot from the RSPB and Paul Tillesley from the League Against Cruel Sports), a wildlife crime training consultant (Craig Fellowes), a Police Crime Commissioner (Alan Charles), a wildlife researcher (Ruth Tingay) and a politician (Chris Williamson MP).

As well as a series of presentations, there’ll also be an open panel debate with audience participation.

The conference will take place in Buxton, Derbyshire on Saturday 21st March 2015. Tickets are now on sale (£40) and are probably going to sell quite quickly.

For full details & booking etc see the conference webpage here.

Buzzard licence applicant gets High Court approval for judicial review

The following statement has been issued by the National Gamekeepers’ Organisation:

High Court Grants Gamekeeper Go-Ahead To Challenge Natural England

Tuesday 25th Nov 2014

A gamekeeper has been given permission by the High Court to proceed with a claim for Judicial Review against the Government’s wildlife licensing authority, Natural England (NE). The self-employed gamekeeper had applied for a licence to control buzzards attacking young pheasants on a small game shooting enterprise he runs for local farmers in Northumberland. NE acknowledged that the birds of prey were causing serious damage but refused to issue a licence under the well-established licensing process approved by Parliament for use in such circumstances.

The Honourable Mrs Justice Thirlwall DBE gave permission to proceed with the claim for Judicial Review on the basis that it was arguable NE had been inconsistent and unreasonable in refusing the licence. The case will now proceed to a full hearing which is likely to take place in the first half of next year.

Ricky McMorn, the self-employed gamekeeper seeking the buzzard control licence, may go out of business and lose his livelihood if a licence is not forthcoming. He said:

“This is a real David and Goliath situation. I am having to battle the might of the state in the form of Natural England to protect my birds and my job. They admit I’ve got a problem and agree that I have done everything I can but still they won’t give me a licence. It’s unfair and it’s wrong. Hundreds of other people get licences to kill protected birds every year.”

The Wildlife and Countryside Act 1981 protects all wild birds but it also allows for control licences to be granted for certain purposes. One of these is the prevention of serious damage to livestock including, specifically, gamebirds kept for the provision of shooting. Before any such licence can be granted by NE strict tests must be met – including demonstrating that the damage being caused is indeed serious and that there is no other satisfactory solution. Where these tests are met, however, a licence cannot be unreasonably withheld.

Whilst refusing this licence, in earlier considerations of the case NE has accepted that:

  • the damage being experienced is serious;
  • buzzards are the main cause of the pheasant deaths;
  • Mr McMorn has done all that can reasonably be expected of him in scaring off the buzzards and otherwise protecting his pheasants;
  • removing a small number of buzzards from the site would not compromise the species’ conservation status.

There are now over 300,000 buzzards in the UK and numbers are booming. The population has undergone a four-fold increase during the last forty years according to The State of UK Birds 2014, published on behalf of Natural England by the RSPB.

To prevent damage to fisheries, NE regularly issues licences under the same system to kill many thousands of cormorants each year – up to 20% of the UK population. Cormorant numbers peak at around 41,000 birds in the UK, compared to 300,000 buzzards.

NE also allows buzzards to be killed at UK airports and it has, in the recent past, allowed a free-range poultry farmer to trap and remove buzzards causing serious damage to his chickens. This is in sharp contrast to applications made by gamekeepers, where no licence to kill or remove buzzards has ever been granted.

Mr McMorn’s case is being supported by the National Gamekeepers’ Organisation (NGO), which believes strongly that the law and due process should always be followed. The NGO’s spokesman said:

“This case is about a gamekeeper who is trying to do the right thing within the law to address a real and serious threat to his livelihood. NE has a duty to administer licensing fairly, yet the facts speak for themselves. Extensive discussions with NE about solving our member’s problem and saving his job have got nowhere. It is time to let the High Court decide whether NE has been acting in accordance with the law.

“Fair and proper implementation of the longstanding licensing system is essential, not only to the wellbeing of the countryside and those who work there but also ultimately to its wildlife. If expanding predatory species become problematic but people are denied access to the existing legitimate solution, the risk of mavericks undertaking indiscriminate, illegal activity will never go away. We utterly condemn illegal persecution of birds of prey and it must stop.”

END

Previous blogs on this issue:

21 May 2012: Buzzard ‘management trial’ gets govt approval and £375K funding.

23 May 2012: RSPB response to DEFRA’s (illegal) buzzard trial.

24 May 2012: DEFRA responds to public outcry over Buzzard management trial.

30 May 2012: DEFRA backs down on Buzzard ‘management’ trial.

13 June 2012: #Buzzardgate aftermath.

10 January 2013: The buzzard blame game.

23 May 2013: Natural England issues licence to destroy buzzard eggs & nests to protect pheasants.

25 May 2013: New petition: SNH, do not licence buzzard culling in Scotland.

30 May 2013: Two important questions to ask about the buzzard licence applicant.

3 June 2013: Buzzard licencing: turning up the heat.

5 June 2013: Surely the buzzard licence applicant doesn’t have prior convictions for poison offences?

5 June 2013: Natural England says no to buzzard-killing licence.

20 June 2013: Hand in of buzzard petition today at Holyrood.

13 August 2013: Natural England claims release of buzzard licence info ‘not in public interest’.

26 September 2013: Buzzard licence applicant tries for four more licences.

1 October 2013: Why we don’t trust the National Gamekeepers’ Organisation.