For new readers, this is proposed new legislation to regulate grouse shooting and its associated management practices by way of licensing schemes, introduced because of the continued illegal persecution of birds of prey on many Scottish grouse moors.
A police officer examines the corpse of a young White-tailed eagle, found illegally poisoned on a grouse moor in the Cairngorms National Park. Photo: Police Scotland
The Wildlife Management & Muirburn Bill, introduced in March 2023, has been examined and critiqued by the Rural Affairs & Islands Committee over the last year and after a number of amendments has now reached the final stage (Stage 3) of its progression through the Parliament.
Conservationists are generally satisfied with the Bill as it currently stands. It’s not perfect by any means, but it represents a significant shift away from the previous situation of driven grouse shooting being a largely unregulated hotbed of wildlife crime, animal suffering and environmental damage, where those committing offences were rarely held to account and the few who were only suffered minimal consequences.
The new legislation will introduce a licensing scheme for all grouse shooting in Scotland and where there’s sufficient evidence of unlawful activity (e.g. the poisoning, shooting or trapping of birds of prey) the licence can be revoked to prevent any further grouse shooting on that area of land. Crucially, the evidence will be assessed on the civil burden of proof (i.e. the balance of probability) rather than the criminal burden of proof (i.e. beyond reasonable doubt).
Muirburn will only be permitted under licence and not on peatlands where the peat depth is greater than 40cm. The muirburn season will end on 31st March instead of running through April as it currently does.
Grouse shooting and muirburn will both be covered by two new statutory codes of practice. Breaches of the code may result in the revocation of the relevant licence.
The SSPCA will be given increased investigatory powers to allow them to help with enforcement measures against wildlife crime alongside their current powers for enforcing animal welfare legislation.
Wildlife trap users will be licensed and all must first complete training for each trap type they intend to use. All snares (including so-called ‘humane cable restraints’) will be banned.
This is all looking very good. However, it’s not over the line yet. Further amendments to the Bill at Stage 3 may be lodged up until Tues 12th March and then some of those amendments will be selected for debate by the whole Parliament on Tues 19th, followed by a final vote on the Bill before it’s sent for royal assent.
Those further potential amendments have yet to be published but we expect to see them later next week. Of particular concern is a suggestion by BASC (British Association for Shooting & Conservation) that the Minister (Jim Fairlie MSP) may be considering a U-turn on the snare ban. This is what appeared on a recent BASC blog that was updating its members on the progression of the Bill after Stage 2:
A U-turn on the proposed snaring ban at Stage 3 would seem unlikely given the Government’s strong position shown at Stage 2 on implementing the ban, but BASC clearly seem to think that it’s a possibility.
With this in mind, I’d encourage all blog readers in Scotland to write to your respective MSPs to encourage them to support the Wildlife Management & Muirburn Bill as it currently stands and let them know how important it is that no U-turns are undertaken on the snaring ban.
Tell them how long you’ve been waiting for these new measures to be introduced and that you welcome and support the Government’s plans to finally bring some meaningful regulation to the grouse-shooting industry.
You can find the names of your MSPs by entering your postcode here.
Thank you.
UPDATE 14th March 2024: BASC throws a wobbler as Minister Jim Fairlie stands firm on Wildlife Management & Muirburn Bill (here)
Some of you may remember a joint statement issued by five pro-shooting organisations in January 2020 professing ‘zero tolerance’ for raptor persecution crimes.
I wrote at the time why I didn’t find their claim convincing and that the five signatory organisations (BASC, Moorland Association, National Gamekeepers Organisation, Countryside Alliance, Country Land & Business Association) needed to do much more to persuade anyone to take them seriously. Just being so-called partners on the sham Raptor Persecution Priority Delivery Group (RPPDG) is nothing more than a greenwashing exercise, in my opinion.
More evidence has now surfaced about the National Gamekeepers Organisation (the membership body for gamekeepers in England & Wales) and what I would call its underhand tactics to try and disrupt investigations into alleged raptor persecution crimes.
In December 2023 I submitted an FoI request to Northumbria Police asking for, amongst other things, copies of 2023 correspondence between the National Gamekeepers Organisation (NGO) and Deputy Chief Constable Debbie Ford, who at the time was the National Police Chiefs Council (NPCC) Lead for Rural & Wildlife Crime.
It turns out that the NGO had written to DCC Ford in February 2023 to highlight its three concerns in relation to bird crime.
The NGO’s first complaint was redacted by the FoI officer at Northumbria Police (see below). I’ve since submitted a separate FoI request for this detail and await a response.
The second complaint related to, surprise surprise, the NGO’s objection to the involvement of the RSPB in raptor persecution investigations. I’ll come to that below.
The third complaint related to the RSPB and members of the North of England Raptor Forum (NERF) and about what happens to birds and eggs once an investigation had concluded. It isn’t clear to me what the basis of this complaint is.
Here’s a copy of the FoI response I received from Northumbria Police:
Let’s focus on the NGO’s second complaint about the RSPB’s involvement in raptor persecution investigations.
This is a tired old trope that gets regurgitated every now and then by those who seek to marginalise the expertise and experience of the RSPB. Expertise and experience that has been utilised by police forces across the UK, time and time and time again, resulting in criminal gamekeepers being hauled before the courts and being convicted of raptor persecution crimes. This partnership working has been particularly effective in recent years, with the police leading many multi-agency raids (with partners including the RSPB, Natural England, NWCU and Natural England), resulting in the high profile conviction of a number of criminal gamekeepers (e.g. here, here, here, here, here, here, here, here).
Perhaps it’s these successful convictions of gamekeepers that have triggered the NGO’s complaint? But in this case, the NGO has provided wholly misleading ‘evidence’ to DCC Ford to justify their complaint. They reference a poisoned red kite found in Yorkshire in 2021 by the RSPB’s Investigations Team and argue that ‘police officers didn’t find out about this until 6 months later‘.
That’s not a factual account of what happened at all, and I daresay the NGO probably knows this because I wrote about that case 12 days before the NGO sent its email to DCC Ford. It relates to a poisoned red kite found on Swinton Estate that North Yorkshire Police failed to investigate, despite being told by the RSPB about the discovery of the kite on the day it was found (see here for case details).
So not only is the NGO going crying to the National Police Lead on Wildlife Crime with a baseless complaint about the RSPB, it’s also attacking an organisation that it’s supposedly in ‘partnership’ with on the RPPDG – you know, that ‘partnership’ that is supposedly focused on tackling raptor persecution crimes.
There’s more.
According to the FoI response I received from Northumbria Police, DCC Ford didn’t reply in writing to address the NGO’s complaints, but someone from DCC Ford’s office had a conversation with the NGO and suggested that the NGO raise the issue at the next RPPDG meeting.
In response to that suggestion, the NGO’s Development Officer (North), who I presume is John Clarke, wrote back to DCC Ford’s staff officer wanting “assurances that there will be 100% support from the police to carry this through” and he included a veiled threat about the NGO leaving the RPPDG (having already resigned once before) if the police didn’t support the NGO’s attack on the RSPB:
Interestingly, the NGO’s complaint has not been raised at any subsequent RPPDG meetings, presumably because the police refused to support it.
Why is the National Gamekeepers Organisation still serving on the RPPDG? It’s absurd to think that this so-called ‘partnership’ for tackling raptor persecution crimes will achieve anything of significance whilst the NGO is attempting to disrupt police investigations via the back door.
Press release from North Wales Police (7th March 2024):
Wrexham man charged with wildlife offences
A man has been charged with attempting to take Goshawks in a cage trap on land on the outskirts of Wrexham.
Young goshawk in a cage trap. Photo by RSPB (file photo, not linked to this case)
Birds of prey such as Goshawk are protected under the Wildlife and Countryside Act 1981.
The 47 year old man from the Wrexham area was postal charged with using a trap for the purpose of killing or taking a wild bird and possessing an article capable of being used to kill or take a wild bird.
He is due to appear before Wrexham Magistrates Court on Thursday, March 28th.
North Wales Police rural crime team will pursue anyone targeting wildlife and continue to work with our partners the RSPB and National Wildlife Crime Unit.
ENDS
This press release is quite vague, and I believe deliberately so. Definitely one to watch. Comments are closed until criminal proceedings have concluded.
UPDATE 9th March 2024: This blog article has been picked up by Nation Cymru, the Welsh news service, here.
UPDATE 27th March 2024: Gamekeeper Stuart Hart due in court tomorrow to face charges of alleged wildlife crime (here)
Press release from Scottish SPCA (7th March 2023):
Penicuik man receives ban from keeping animals for five years after trapping and killing magpies
Alexander Hamilton was sentenced to a five-year ban from owning and keeping animals and 100 hours of community service at Edinburgh Sheriff Court on Tuesday, 5 March.
64-year-old Hamilton of Windsor Drive, Penicuik pled guilty to trapping magpies in illegal traps in his garden causing them distress. The birds were also deprived of adequate food water and shelter.
Scottish SPCA Chief Inspector Mark Rafferty, Special Investigation Unit, said:
“On 29 July 2022 our animal helpline received a call from a resident in Windsor Drive, Penicuik reporting two magpies caught in cages in the back garden of a neighbour.
We attended that same day but found no one at home. On looking over the fence into the back garden, we observed a Larsen Mate trap and two other cages. The two cages had no suitable shelter, food or water and no visible tag attached to them.
We attended later that day at the address and the occupier, Hamilton, let us into his garden. We found a dead magpie lying on the paving slabs in the back garden, just inside the gate.
In the bottom corner of the garden, screened off from the rest of the garden by a large unsecured fencing panel, was an area where there were three traps.
Three of the magpie traps in Hamilton’s garden. Photo: SSPCA
The first trap was a Larsen Mate trap containing one Magpie. The bird was in a distressed state due to being confined within the trap and was in poor condition. This trap was of a manufactured type, and was specifically designed for the purpose of catching targeted species.
Crow cage traps and Larsen traps are bird traps used to catch various territorial members of the crow family most commonly used by gamekeepers or sheep farmers.
Trap operators are responsible for traps carrying their Trap Registration Number and all traps used must only display a single tag or sign showing one NatureScot Trap Registration Number. These conditions were not being adhered to rendering this trap illegal.
The second trap contained one magpie and there was also a cage containing a magpie in poor body condition.
The magpie within this cage was distressed and managed to squeeze through the mesh on the floor of the cage and enter a space underneath the adjacent shed. The bird could be heard scraping and pecking at the wooden floor of the shed and was clearly distressed.
The birds were released from the cages and the traps and were released back into the wild.
We’re pleased with the five-year ban at the sentencing result. All animals should be protected from suffering and this includes magpies. Our team treat these cases seriously and it is good to see that the courts share this view. We will continue to investigate this type of offending, to ensure people like Hamilton are caught and stopped from further cruelty acts. I would like to thank the Procurator Fiscal Karon Rollo and the Wildlife and Environmental Crime Unit.
If anyone is concerned about an animal, they can contact our confidential animal helpline on 03000 999 999.”
ENDS
This is a good conviction for the Scottish SPCA, who reported Hamilton to the Crown Office using their powers under the Animal Health & Welfare (Scotland) Act 2006 and without needing support from Police Scotland (contrary to MSP Edward Mountain’s ludicrous claims that the SSPCA lacks the qualifications and training to implement the law).
There looks to have been some plea bargaining on the sentencing. According to this article in Edinburgh Evening News, Hamilton’s defence lawyer told the court that Hamilton owned two gundogs and asked for any animal ban imposed by the court to exclude those animals.
Sheriff Gillian Sharp obliged by sentencing Hamilton to carry out 100 hours of unpaid work in the community and disqualified him from owning or keeping animals, with the exemption of his two dogs, for five years.
Hamilton is reportedly no longer a gamekeeper and is now employed as a labourer. His conviction means he can no longer operate under the terms of a General Licence until the conviction is considered spent.
Press release from Police Scotland (4th March 2024):
Photo: Ruth Tingay
47-year-old man arrested and charged following death of goshawk near Blairgowrie
On Thursday, 29 February, wildlife crime officers acting under warrant searched an estate near Blairgowrie with the assistance of our partners the RSPB and the SSPCA.
This resulted in a 47-year-old man being arrested and charged with killing a goshawk, which is a protected bird, contrary to section 1 of the Wildlife and Countryside Act 1981.
A report will be submitted to the Procurator Fiscal.
The incident took place on Monday, 12 February.
Police Scotland Wildlife Crime Coordinator Detective Sergeant David Lynn said:
“Police Scotland will pursue anyone deliberately targeting Scotland wildlife. This multi-agency day of action shows our collective commitment to safeguarding Scotland’s wild animals.”
ENDS
This is an efficiently-handled case by Police Scotland and agency partners SSPCA & RSPB. The time from the alleged offence and the subsequent arrest and charge is unusually short. It’s also good to see an early press statement – well done.
NB: As an individual has been charged this case is considered live so comments have been turned off until criminal proceedings end. Thanks for your understanding.
UPDATE 23 July 2025: Trial date for Scottish gamekeeper accused of killing a Goshawk on a Perthshire shooting estate (here)
UPDATE 17 September 2025: Change of trial date for Scottish gamekeeper accused of killing a goshawk on a Perthshire shooting estate (here)
UPDATE 12 November 2025: Trial of Scottish gamekeeper accused of killing Goshawk now delayed until March 2026 (here)
It feels like I’ve been writing it forever, although in the grand scheme of things it’s just a mere eye blink.
It continues to attract public and political interest, with blog views now approaching 11 million, with over two million of those in the last year alone.
Awareness about raptor persecution and its link to gamebird shooting has changed significantly since I began writing in 2010. Obviously not all of that is attributable to this blog – there have been many, many people who’ve helped push the issue up the political agenda, not least the fine work of the RSPB’s Investigations Team and the grassroots movement started by Mark Avery with the publication of his 2015 book, Inglorious: Conflict in the Uplands and his subsequent work with Chris Packham bringing Hen Harrier Days to the fore, which has since led to many other individuals, groups and charities joining the campaign and pushing it forwards.
Social media has helped enormously – no longer can the game-shooting industry control the narrative in the main stream press and present themselves as law-abiding ‘custodians of the countryside’ without being challenged and called out on the widespread criminality that runs deep within its ranks.
The long-term work of the raptor study groups has contributed massively in helping to expose the impact of persecution on various raptor populations, and the satellite-tracking of golden eagles and hen harriers has been a game-changer, leading to the publication of seminal scientific research papers (e.g. here, here and here) which has helped demonstrate to politicians the clear link between raptor persecution and driven grouse shooting.
All this work has directly influenced Government policy in Scotland, where the introduction of a grouse shooting licensing scheme is imminent under the Wildlife Management & Muirburn (Scotland) Bill, which is expected to be passed by the Scottish Parliament later this month. It’s not perfect by any means and it remains to be seen how effective it will be, but its clear intention is to crack down on those who persist in illegally poisoning, shooting and trapping protected birds of prey and it’s a monumental step forward from where we were in 2010 when the only thing politicians had to offer was empty promises about not tolerating these crimes.
But even as I write, raptor persecution continues across the UK – there are a number of current police investigations in Scotland, England and Wales which I expect to see publicised in the coming weeks. It is clear that there is still a long way to go to rid the UK of this pervasive savagery.
As ever, I’m indebted to those who help fund my time to write this blog, to those who work with me behind the scenes (you know who you are), to those who send me information, to those who take the time to comment here, and especially to those who share blog posts on social media channels – raising awareness of the illegal killing of birds of prey was the main driver behind setting up this blog and it continues to be one of its main objectives.
Police Scotland has launched a murder enquiry following the shooting of Brian Low, 65, who was out walking his dog on a remote track in Aberfeldy, Perthshire on 17th February 2024 (see here).
Mr Low had worked as a groundsman for the nearby notorious Edradynate Estate for more than twenty years before retiring last year.
Edradynate Estate driveway. Photo by Ruth Tingay
As many newspapers have been reporting, Edradynate Estate has been at the centre of multiple police investigations over the years, mostly in relation to the illegal poisoning of birds of prey (some details provided here on former Tayside Police Wildlife Crime Officer Alan Stewart’s blog), although if you read Alan’s book ‘Wildlife Detective’ you learn that there were also allegations of local’s dogs and cats being poisoned, a tenant farmer’s dog being shot, and threatening behaviour towards a local resident who had run over a pheasant.
Despite a handful of prosecutions over the years, nobody has ever been convicted of these offences, although Edradynate Estate was the subject of a three-year General Licence Restriction between 2017-2020 in relation to wildlife crimes (see here).
The estate was in the news again in 2019 when the former Head Gamekeeper was cleared of maliciously damaging crops on the Estate, alleged to have been done in revenge for losing his job (see here).
There is no suggestion whatsoever that anyone from Edradynate Estate is involved with Mr Low’s murder but it’s reasonable to assume, as in any murder inquiry, his long-term employment there will form part of the police investigation into his background and to identify any possible motives for this murder.
Police Scotland have been undertaking local enquiries for the last ten days prior to publicising the news of Mr Low’s murder. I sincerely hope they have been able to identify a suspect and that they find sufficient evidence to convict for this appalling crime.
They have opened a Major Incident Portal where members of the public can provide information directly to the investigating team (named Operation Newlane): CLICK HERE.
UPDATE 13 March 2024: Renewed appeal from Police Scotland following murder of Brian Low in Aberfeldy (here)
UPDATE 13 March 2024: The Daily Mail is reporting suggestions that Brian Low was shot at long range (here).
UPDATE 24 May 2024: Police arrest 75-year old man in connection with murder of Brian Low in Aberfeldy (here)
UPDATE 25th May 2024: David Campbell charged with murder of Edradynate Estate’s former groundsman Brian Low (here)
UPDATE 28 May 2024: Retired Edradynate Estate gamekeeper David Campbell appears in court accused of shotgun murder of Brian Low (here)
UPDATE 4 June 2024: Retired gamekeeper David Campbell accused of shotgun murder is granted bail – Crown Office appeals Sheriff’s decision (here)
UPDATE 8 June 2024: Former Edradynate Estate gamekeeper & murder suspect David Campbell refused bail (here)
The trial of prominent falconer and eagle breeder Andrew Knowles-Brown from Elvanfoot, Scotland continues at Lanark Sheriff Court today with another expert witness appearing for the prosecution.
This is the second trial Knowles-Brown has faced – in February 2023 he was cleared of all charges at Lanark Sheriff Court in relation to the alleged mistreatment of ten imported White-bellied sea eagles at the Scottish Eagle Centre (see here).
The current trial is separate to the first one and is concerned with alleged welfare offences relating to 90 eagles kept at Knowles-Brown’s breeding facility in Scotland. Knowles-Brown has denied all the charges.
Knowles-Brown is a prominent figure in the falconry world, having served as the Chair of the Scottish Hawk Board and Vice-Chair of the UK Hawk Board. The Hawk Board, which includes a representative from the Countryside Alliance, represents falconers, hawk-keepers and falconry clubs and provides welfare guidelines for those keeping raptors in captivity. It also engages in political lobbying (e.g. it was against the Scottish Government’s decision to afford the Mountain Hare full legal protection) and Knowles-Brown himself has provided evidence to the Scottish Parliament’s Rural Affairs Committee when it was considering its draft Protection of Wild Mammals (Scotland) Bill.
This second trial began last summer (see here) and looks set to continue for some time.
Please note: as the case is still live, comments won’t be accepted on this blog until proceedings have concluded. Thanks for your understanding.
UPDATE 15 October 2024: Prominent falconer & eagle breeder Andrew Knowles-Brown guilty of welfare offences relating to approx 90 eagles in Scotland (here)
The Scottish Parliament’s Rural Affairs & Islands Committee met again on Wednesday 21st February to undertake its second day of consideration of the Stage 2 amendments of the Wildlife Management (grouse moor reform) Bill.
For new readers, this is proposed new legislation to regulate grouse shooting and its associated management practices by way of licensing schemes, introduced because of the continued illegal persecution of birds of prey on many Scottish grouse moors.
A report on what happened during the first day of consideration that took place two weeks ago can be found here.
Newly appointed Agriculture Minister Jim Fairlie MSP was in the hot seat. Screengrab from Scottish Parliament TV, 21 Feb 2024
Two separate sessions were required on Wednesday (one in the morning and one in the evening) to get through all the amendments, bringing Stage 2 of this Bill to a close.
Newly-appointed Agriculture Minister Jim Fairlie MSP led the Government’s response, taking over from Gillian Martin MSP whose Ministerial responsibilities have been moved elsewhere after the recent mini-reshuffle.
There were two other new faces on the Committee – Emma Harper MSP (SNP) who replaces former Committee member Jim Fairlie, and Elena Whitham MSP (SNP) who replaces former Committee member Karen Adam MSP who left after taking on commitments on a different Committee.
Other MSPs in attendance were Edward Mountain MSP (Conservative), Jamie Halco Johnstone MSP (Conservative, representing Stephen Kerr MSP) and Colin Smyth MSP (Labour), none of whom were eligible to vote on the Stage 2 amendments but who were present to speak to amendments they had lodged.
Wednesday’s two sessions were straight forward and once again there weren’t any big surprises with Committee members mostly voting along party lines, which meant that the numerous wrecking amendments put forward by the Conservatives, designed to weaken the Bill, were not supported by the majority. It also meant that various amendments put forward by Colin Smyth MSP (Labour), designed to strengthen the Bill, were also unsupported by the majority. Overall, the Bill passed Stage 2 pretty much in the format that the Government had introduced it, which is what had been anticipated.
I won’t go through the amendments one by one because there were too many. For those interested in proceedings the archive video of the two meetings are linked below, as is the meeting transcript.
The big ‘wins’ from our perspective were as follows:
There was majority support for Ministers to be given the power to add additional gamebird species to the licence if there is evidence that wildlife crime, such as raptor persecution, is taking place to facilitate the management of gamebirds such as pheasants and red-legged partridge. Ministers will have the authority to take evidence, consult and then vote on adding those species to the licence at a later date, if deemed appropriate.
This is a very important amendment especially given the recent trend in the release of red-legged partridge on grouse moors where shooting red grouse is no longer a viable commercial activity. Red-legged partridge and/or pheasants may be used by some grouse shooting estates as an alternative quarry if their licence for shooting red grouse has been revoked so having the power to include these additional species on the licence will close the loophole that some grouse moor managers may have sought to exploit in order to continue killing raptors without consequence. Amendments seeking to exclude this provision were lodged by Conservatives Edward Mountain and Rachael Hamilton but they were not supported.
Red-legged partridge pens placed on a moor in south Scotland
There was support for an amendment that provides a requirement for the use of medicated grit to be included in the Code of Practice being developed to support the new legislation. This is a timely amendment given the research published last week by the League Against Cruel Sports and Wild Justice that demonstrated widespread bad practice and the complete lack of monitoring of medicated grit use (see here).
REVIVE, the coalition for grouse moor reform has just released a campaign video to highlight those findings:
The details of what requirements will be made in the Code of Practice in relation to the use of medicated grit are still to be determined but the Government’s support for medicated grit use to be included is very good news indeed, especially when some grouse shooting organisations have been arguing against its inclusion.
The Minister discussed his intention to introduce a requirement in the Bill to undertake monitoring and reporting of raptor populations – specifically golden eagle, hen harrier and peregrine, species identified in the Werritty Review as being significantly impacted by raptor persecution crimes on grouse moors.
This monitoring would provide a key measure of success (or failure) of the Bill to tackle raptor persecution, which is one of its primary objectives, and whether the new legislation has been effective in this respect. The Minister said he would return to this issue at Stage 3 after discussions with NatureScot and the Scottish Raptor Study Group about the resources required to undertake monitoring and reporting. Rachael Hamilton lodged an amendment that called for a limit on the reporting of some raptor persecution incidents – she wanted to only include crimes that had been proven by conviction. In other words, to exclude incidents described as ‘suspicious’ such as those relating to the suspicious disappearance of satellite-tagged raptors on grouse moors. Her amendment was not supported.
One of the most significant ‘wins’ came from the majority vote to support the introduction of additional powers for the Scottish SPCA to allow them to investigate offences under the Wildlife & Countryside Act – an extension of their current powers to investigate offences under the Animal Health & Welfare Act. As regular blog readers will know, this issue has been kicked down the road repeatedly by the Scottish Government over a 13-year period (see here for timeline) so getting support after so long is particularly satisfying.
Of course there were the usual inaccurate and non-sensical objections from the Conservatives, with Edward Mountain claiming this “would give powers to people who have never had such powers before” and “It should be the police, not other people, who implement the law” and “It would give powers to third parties who I do not believe are qualified or have the legal training to exercise such powers“.
These continued claims about the SSPCA’s supposed inexperience and inability to investigate wildlife crime are laughable, given that they’re already an official specialist reporting agency to the Crown Office so know all about due process, they already work in partnership with Police Scotland and other agencies in raptor persecution investigations, and through their skill, experience and expertise routinely bring some of the most sadistic wildlife-abusers to justice, including badger baiters such as the recent case against a depraved gamekeeper employed on the Millden Estate in the Angus Glens (here). Edward Mountain should be thanking the Scottish SPCA for its tireless and often challenging work, and its willingness to undertake even more of it under this new legislation at no cost to the tax payer. Seriously, who would want to oppose the addition of more expert professionals to bring the wildlife criminals to justice?
Another big win came via Kate Forbes’s amendment to see the closing of the muirburn season brought forward to 31st March. Currently, gamekeepers can burn heather up until 15th April, and in some cases even to the 30th April where landowner discretion allows. This late season burning overlaps with the breeding season of various moorland bird species, and when that breeding season is predicted to get earlier in response to climate change it’s obviously idiotic to allow burning to continue during that period, just on the precautionary principle alone.
Grouse moor muirburn. Photo: Ruth Tingay
The 31st March was seen as a compromise as Conservatives Edward Mountain and Rachael Hamilton wanted burning to be permitted until 30th April whereas Green MSP Ariane Burgess suggested 15th March. There will be powers in the Bill to allow Ministers to review the 31st March cut off date to take account of future research findings.
Given that the majority of muirburn in Scotland currently takes place in April, the grouse shooting industry will not be at all happy with this new restriction. They’ve lobbied hard against it, including taking the newly-appointed Minister Jim Fairlie out to visit a muirburn site at the beginning of the week, but their lobbying influence is clearly not as powerful as they like to suggest it is.
They do have some influence, of course. Bizarrely, Kate Forbes found support amongst the Committee for another, related amendment, which will allow the beginning of the muirburn season to start two weeks earlier (i.e. 15th September as opposed to the current start date of 1st October). There is no justification for this other than to appease the grouse shooters by not shortening the overall muirburn season. In a climate emergency, this is bonkers. It suggests that the Scottish Government thinks that burning the moors to facilitate excessively large numbers of red grouse for a few selfish people to shoot for fun is more important than the global climate crisis. Actually it does more than suggest it – the Scottish Government was clear in its argument against Colin Smyth’s amendment (#143) that it thinks muirburn is acceptable for the sole purpose of maintaining & increasing red grouse so they can be shot for ‘sport’.
Although how much muirburn will actually take place in September remains to be seen – the heather will still be green-ish so won’t burn well and grouse shooting will be well underway so gamekeepers may have limited time to run around lighting fires. Let’s see.
A ‘sort-of’ win came with the acceptance of a change to the definition of ‘peatland’ as being ‘land where the soil has a layer of peat with a thickness of more than 40 centimetres’ (where “peat” means soil which has an organic content of more than 60%). The current definition of peatland in the Muirburn Code is peat with at least 50 centimetres depth, so dropping this down to 40cm is obviously good news as it means a larger area of peatland will now be protected (landowners will not be issued a licence to undertake muirburn for the purpose of grouse moor management where the peat depth is 40cm or greater). Edward Mountain’s amendment to increase the definition of peatland to 60cm peat depth, and Rachael Hamilton’s amendment for it to remain at 50cm, were unsupported. The Bill will also include a provision for Ministers to keep the definition of peatland under review as further research emerges.
The new peatland definition of 40cm peat depth will probably have a significant impact on the management practices of many grouse moors, particularly in Eastern Scotland where new research has shown a widespread disregard by grouse moor managers for the Muirburn Code restriction of burning on peatland with a 50cm depth (see here). The difference going forward will be that if they disregard the new 40cm depth restriction it will lead to the revocation of their muirburn licence. Having a serious consequence like that should encourage behavioural compliance (again, let’s see!).
I’ve described this one as a ‘sort-of’ win because although the change in definition is welcome (and long overdue), it could have gone so much further. The new definition of peatland could have been lowered to 30cm depth in line with the UK Peatland Strategy‘s definition (also followed by many countries internationally). Or, the definition of peatland could have removed the artificial construct of any peat depth altogether, as eloquently argued by Green MSP Ariane Burgess. There’s a very strong argument against using peat depth as a valid definition of peatland, to properly protect all peatland, including critically important shallow peatland, as explained recently in an excellent guest blog (here). However, the Minister didn’t support this approach.
Other amendments that passed during Wednesday’s sessions included a decision that falconers will not need to apply for a licence to hunt red grouse – that seems reasonable given the low number of people engaged in this sport and the lack of associated raptor persecution offences linked to it.
There was also a decision that grouse moor licences should be issued for a five-year period instead of the one-year period originally suggested in the Bill. The grouse shooting industry wanted a ten-year licence but five years was seen as more suitable to provide oversight and review capability by the regulating authority. In essence, the length of the licensing period is pretty inconsequential to us because the most important aspect is that the regulator (NatureScot) will still have the capacity to suspend or revoke a grouse moor management licence at any time during that five period if offences occur.
So, Stage 2 of the Bill is now complete and it moves on to the final Stage 3. This is when further amendments can be lodged and some will be selected (by the Presiding Officer) for a debate by the whole Parliament in the main chamber. Until Stage 3 is complete we won’t know for sure how strong this Bill is but it’s reasonable to think that there won’t be any catastrophic changes given the dominant voting power of the SNP and Greens. A date hasn’t yet been set for the Stage 3 debate but it is anticipated that it’ll take place in March.
After that, the development of the various Codes of Practice designed to support the new legislation will pick up speed and the details of those will take on great significance. A watchful eye will be kept on these to ensure that they are robust and fit for purpose.
Here is a copy of the Bill as amended after Stage 2:
Press release from Norfolk Constabulary (20th February 2024):
Norfolk man illegally collected almost 3,000 eggs
A prolific egg collector has admitted illegally hoarding thousands of rare birds’ eggs in Norfolk.
Daniel Lingham, 71, of Newton St Faith, appeared at Norwich Magistrates Court on Tuesday 20 February 2024 where he pleaded guilty to five offences.
They were:
-Taking eggs from a non-schedule 1 wild bird namely a Nightjar on 9 June 2023 at Holt
-Possessing an egg or its parts of a non-schedule 1 wild bird – namely 2429 eggs on 25 July 2023
-Possessing an egg or its parts of a schedule 1 wild bird – namely 22 Schedule 1 bird eggs on July 2023
-Possessing articles capable of being used to identify and take eggs
-Breaching a Criminal Behaviour Order on 9 June 2023
Lingham captured on police body camera whilst officers search his premises for stolen eggs
Lingham, who has two previous convictions for similar crimes, was captured on a wildlife trap camera on 9 June 2023 sealing two eggs from a Nightjar nest in Holt Lowes.
Investigators were shown the footage and were able to identify Lingham by his distinctive walking stick which is seen in shot.
A police search of his home on July 25 2023 subsequently revealed the extent of his hoard.
Within the property a total of 2995 eggs were found. A large collection was in his bedroom including some non-native species, alongside 2429 native birds’ eggs protected by the Wildlife and Countryside Act.
Of those 548 were from native birds on the amber list of birds of conservation concern and a further 546 were of the most serious concern on the red list including Linnet, Green Finch, Yellowhammer, House Sparrow and many more.
A further collection of eggs – which looked much newer – was found behind the bath panel including a box containing a pair of Nightjar eggs with a label ‘Nightjar 2, Holt Lowes June 9.’
Officers also found identifying books, binoculars, and an egg blowing kit.
In interview Lingham said all of the eggs, bar the Nightjar ones, had been taken before his previous conviction in 2018 – although the way they were stored suggested otherwise.
He further claimed a collection on display in a cabinet in the bedroom had come from an Essex house clearance and while they were his he had not taken them himself from the wild.
He said he had been looking for adders and tiger beetles when he was “tempted” by the Nightjar eggs due to his egg collecting addiction, which was a mental health issue.
Lingham has previously been investigated and prosecuted.
In 2005 he was jailed for ten weeks after police found a collection of almost 4,000 eggs in his home.
Then in 2018 he was found to be in possession of over 5,000 eggs for which he was jailed for 18 weeks and handed a 10-year Criminal Behaviour Order aimed at stopping him from committing similar crimes in the future.
Under the CBO he is banned from entering Holt Lowes between 1 February and 1 October as well as many other sites across Norfolk and nationally – many of which appeared on place name labels among the boxes.
PC Chris Shelley from the Op Randall Rural Crime Team thanked RSPB investigators for their huge support throughout the investigation and also the National Wildlife Crime Unit (NWCU).
He said: “Egg collecting should be a hobby that is confined to the history books having been made illegal in 1954. The illegal collecting of eggs is tackled every year under Operation Easter with forces and partner agencies nationally taking part in bringing those involved to justice, all overseen and facilitated by the NWCU.
“Thankfully there are very few individuals now committing this crime but these few, including Lingham, cause a huge amount of harm to 1000s of birds including some of our most at risk species – in this case Nightjar, Linnet, Yellow Hammer and House Sparrows to name just a few.
“We would always encourage anyone who sees suspicious activity around bird nests in the coming months to report as much detail as possible using our online form or 999 if in progress.”
Tom Grose, RSPB Investigations Officer, said: “The scale of egg theft which Lingham has committed over the last 20 years is shocking. Sadly, his obsession with collecting wild birds’ eggs has ultimately resulted in thousands of breeding birds, which have invested huge amounts of energy into rearing young, to fail.
“We’re relieved that this type of crime is now relatively rare in the UK, but this latest case has revealed that the breeding success of the Nightjar, a species of conservation concern, has again been targeted in Norfolk by Lingham’s illegal actions.
“We’d like to thank Norfolk Police for an excellent investigation which has again led to Lingham’s prosecution.”
He will appear for sentencing on 3 May 2024.
ENDS
As mentioned in the press release, the last time Lingham was convicted (in 2018 for stealing Marsh harrier eggs, amongst many others, here) as well as a short custodial sentence he was also given a ten-year Criminal Behaviour Order (CBO) banning him from all Norfolk Nature Reserves for ten years.
According to the Sentencing Council, ‘a CBO is an order designed to tackle the most serious and persistent anti-social individuals where their behaviour has brought them before a criminal court’.
Lingham has clearly breached his CBO and the consequences of that could mean a lengthy custodial sentence depending on the court’s view of mitigating and aggravating factors (see here).
Let’s see what happens when he’s sentenced on 3rd May 2024.
Well done to Norfolk Constabulary’s Rural Wildlife Crime, the National Wildlife Crime Unit and the RSPB’s Investigations Team for getting a successful conviction.
Members of Norfolk Constabulary’s Rural Crime Team with part of Lingham’s illegal egg collection. Photo via Norfolk Constabulary
UPDATE 6 May 2024: Serial egg thief Daniel Lingham avoids custodial sentence (here)
Raptor Persecution UK 