Parliamentary reception for group promoting wildlife criminal

Yesterday we blogged about the launch of the Scottish Country Sports Tourism Group’s new initiative, Game for Growth, aimed at promoting the value of country sports to the Scottish economy (see here).

We mentioned that Andy Wightman MSP had lodged a Parliamentary Question asking whether public funds (via VisitScotland as part of the Game for Growth initiative) had been given to the owners or managers of landholdings where wildlife crime had taken place.

We also mentioned our surprise that the Scottish Country Sports Tourism Group’s website is promoting a sporting agent with a current conviction for raptor persecution.

What we didn’t mention was that the launch of the Game for Growth initiative took place at a prestigious parliamentary reception at Holyrood on 20 December 2016, with wide media coverage.

This parliamentary reception was hosted by Edward Mountain MSP (Conservative, Highlands & Islands) and included speeches from Malcolm Roughead, Chief Exec of VisitScotland, and Cabinet Secretary for Rural Economy & Connectivity, Fergus Ewing MSP.

The revelation that the Scottish Country Sports Tourism Group is actively promoting a convicted wildlife criminal will probably be a surprise to Edward Mountain MSP, and undoubtedly a source of deep embarrassment; he surely wouldn’t have hosted them had he known. It’s reasonable to assume he didn’t know because his expertise appears to be in fishing rather than gamebird hunting. Sustainable sport fishing does bring in millions to the rural economy and it isn’t underpinned by wildlife crime, so it’s easy to see why he would lend support to the Game for Growth initiative.

Unfortunately for Edward, as well as the sport fishing industry, the Gift of Grouse is also prominently involved with the Game for Growth initiative (check out that banner in the photo) and this isn’t the first parliamentary reception they’ve been involved with that has led to awkward questions being asked.

We await the Scottish Government’s response to Andy Wightman’s Parliamentary Questions about public funding for wildlife criminals with great interest.

Parliamentary Question: is public money being used to promote wildlife criminals in Scottish shooting sector?

scstg-logoLast week it was announced that the Scottish Country Sports Tourism Group (SCSTG) has plans to boost the value of game shooting, stalking and fishing to the rural economy by £30 million, via its new ‘Game for Growth’ strategy.

The Game for Growth strategy document can be read here: sctsg-game-for-growth-strategy-document-dec-2016

It’s a pretty turgid read, full of tedious marketing soundbites, but basically it sets out how the industry plans to promote Scottish country sports over the next four years to reach a wider national and international market. This will be achieved mostly, it seems, by claiming the industry is sustainable with fabulous conservation benefits and ignoring the vast environmental damage and wildlife crime associated with some activities within this sector.

visit-scotland-1Interestingly, VisitScotland (the national tourism agency linked to the Scottish Government) has apparently committed to boosting the country sports tourism sector and has announced a matched ‘Growth Fund’ to help SCSTG develop its marketing strategy and increase its online presence.

We’re not the only ones to raise an eyebrow at this. Andy Wightman MSP has lodged the following Parliamentary Question about it:

Question S5W-05930: Andy Wightman (Lothian, Scottish Green Party). Date lodged: 22/12/2016

To ask the Scottish Government whether it will provide a breakdown of the recipients of financial contributions from VisitScotland to the strategy, Game for Growth Strategy – Country Sports Tourism in Scotland 2016; what information it has regarding how each recipient will use this; what action it has taken to ensure that no money was provided to the owners or managers of landholdings on which crimes against wildlife have been committed; whether it will publish the strategy on its website, and what aspects of this it is supporting or plans to support with public money.

Expected answer date: 19/01/2017

These are legitimate questions, and especially when you take a closer look at the SCSTG website, which has been developed to connect potential visitors with various country sports providers across Scotland. For example, if you want to pay money to shoot mountain hares in Scotland, you can use the website’s search facility and a number of sporting agents/estates who offer this ‘sport’ will be highlighted.

We used the search facility to look for various ‘sporting’ opportunities and were very surprised to find that sporting agency Dunmhor Sporting was being promoted:

Why the surprise? Well, Graham Christie of Dunmhor Sporting was convicted in December last year of being vicariously liable for the criminal actions of his gamekeeper, who had used an illegal gin trap to catch and injure a buzzard on the Cardross Estate.

Why is the Scottish Country Sports Tourism Group promoting an agent who has a current conviction for wildlife crime? And why is VisitScotland providing match funding to an organisation that is promoting a convicted wildlife criminal?

Gamekeepers want sea eagles, kites, buzzards, sparrowhawks & ravens added to General Licences

Further to this morning’s blog about RSPB Scotland’s damning response to SNH’s General Licence consultation (see here), we said we’d write a separate blog about some of the other responses that SNH received.

SNH has now published all the responses, and they’re well worth a read: all-responses-to-snh-general-licence-consultation-2016

There are many organisations and individuals calling for ravens to be added to the General Licences (no surprise) and, yet again, there are a number of requests for buzzards and sparrowhawks to also be added, which would allow these species to be casually killed across Scotland without any monitoring or regulation, although some have suggested these raptors should be on ‘regional’ General Licences to limit the casual killing to a particular area. How thoughtful.

One of the reasons given for adding ravens and buzzards to the General Licences was this: “There are arguably too many of them around and they cloud the skies in our local area“.

Here’s a photograph of some ravens and buzzards clouding the skies:

Actually, this is a photograph (by Richard Barnes) of Dunlin flocking on the coast of North America but it could just as easily be a plague of swarming raptors over a Scottish grouse moor, if you happen to be a pathological raptor hater stuck with an 18th century attitude, that is.

Take a look at the consultation response from Garry MacLennan. Surely not the same Garry MacLennan, Head Gamekeeper at Invermark Estate? Aren’t raptors supposed to be ‘thriving’ there? Perhaps the headline should have read ‘Raptors are thriving on Scottish grouse moors and we want licences to kill them’.

Also have a look at the responses from Iain Hepburn (the same Iain Hepburn as the head gamekeeper at Dunmaglass Estate?), Duncan Mackenzie and Calum Kippen (the same Corrybrough Estate gamekeepers who attended the recent meeting between the Cairngorms National Park Authority & the Scottish Gamekeepers’ Association?). Aren’t these the gamekeepers who want licences to monitor and ring raptors? Don’t they see a bit of a conflict of interest there if they also want licences to kill these raptors?

Best of all though, is the response from Bert Burnett (presumably of the SGA). Bert suggests that ravens should be added to the General Licences and argues that regional general licences “could be rolled out for various species that may start to cause problems like sea eagles and kites etc“. Ah yes, that very serious problem of sea eagles mistaking small children for prey.

Of course, these calls for licences to cull raptors are nothing new. Scottish (and English) gamekeepers and land owners have been asking for these for 20 years (see here, here, here, here, hereherehere). So far, SNH has resisted but given Natural England’s recent capitulation on buzzard-killing licences, how much longer before we see the same in Scotland?

Vicarious liability prosecution: Andrew Duncan (Newlands Estate), part 12

Criminal proceedings continued yesterday (6 December 2016) against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

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

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

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

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

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

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

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

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

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

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

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

Hearing #10 (15 November 2016): The case was adjourned for another intermediate diet scheduled for 22 November 2016. Trial date of 7/8 December 2016 is dumped.

Hearing #11 (22 November 2016): The case was adjourned for yet another intermediate diet, scheduled for 6 December 2016.

Hearing #12 (6 December 2016): The case was adjourned for yet another intermediate diet, scheduled for 24 January 2017. A provisional trial date (this will be the third time a trial date has been assigned) is scheduled for 24 April 2017.

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

‘Giant buzzards’ eating dogs, warns Tipperary newspaper

The following article was headline news last week in the Tipperary Star, a local rag in the Irish Republic:

ATTACKING BUZZARDS TARGET TERRIERS

By Noel Dundon

A call to have the protection orders on buzzards lifted has been made following a number of incidents in which the birds of prey have taken terriers and other animals in deadly swoops through mid Tipperary.

Buzzards are causing major problems in the mid-Tipperary area at the present time with a number of terriers having been taken, leading to a call for protection orders to be lifted.

Two families have been left in distress after their dogs were preyed upon and killed by giant buzzards in the Templetuochy area where hares, rabbits, cats and other small animals have also been taken.

However, it has also been revealed that are birds of prey circling overhead Deputy Michael Lowry in Glenreigh, Holycross, while Moyaliffe, Drombane, Inch, Clonmore and Castleiney are also areas where buzzards have been spotted on the attack.

There is one report of a Yorkshire terrier having been attacked, but survived and was patched up by a veterinary surgeon, only to be attacked again and killed a short time later – all by the same buzzard which can have a wingspan of up to three feet with very powerful and strong claws used to take prey.

Forested areas which afford cover are the best hunting ground for buzzards and dog and cat owners are being advised to be on the watch out for their pets which could be taken at the blink of an eye.

There are also concerns that with the increase in buzzards, the spring lambing season after Christmas could be an ideal hunting ground for them – but a very costly one for sheep owners.

ENDS

The online version of the article was illustrated with this photograph, entitled ‘A buzzard on the rampage’.

Is this ‘journalist’ having a laugh? Since when did ‘giant buzzards’ (or even normal-sized buzzards) start killing dogs, and since when did the sight of soaring buzzards above a politician’s head become a cause for alarm?

This type of sensationalist, ignorant, scare-mongering would be funny if it didn’t have consequences. Unfortunately, this baseless demonisation of birds of prey does have consequences, and serious ones at that. As we see all too often, there are still people clinging on to 19th Century attitudes who think that raptors are ‘vermin’ and should be destroyed. Articles like this one above will only fuel their prejudice and lead to the illegal persecution of these birds.

Tipperary is no stranger to raptor persecution – in the last few years the following crimes have been recorded:

July 2015: shot buzzard

May 2014: poisoned peregrine

January 2014: shot white-tailed eagle

July 2013: shot peregrine

June 2013: shot peregrine

June 2013: shot peregrine

Raptor persecution is a serious issue in Ireland, and the latest official report shows the trend is pointing upwards with 35 confirmed persecution incidents in 2015 – the highest number since recording began in 2011 (see here).

We’d encourage strong (but polite) words of complaint to the Tipperary Star:

Email journalist Noel Dundon: nd@tipperarystar.ie

Email editor Anne O’Grady: aog@tipperarystar.ie

UPDATE 6/12/2016: BirdWatch Ireland has issued a strong statement in response to the Tipperary Star (see here).

Shot buzzard rehabilitated & returned to the wild in North Yorkshire

At the end of October we blogged about a buzzard that had been found with shotgun injuries in Thirsk, North Yorkshire (see here).

The bird’s broken femur was expertly pinned by Mark Naguib of Battle Flatts Veterinary Clinic and the buzzard then underwent a period of care and rehabilitation with the wonderful Jean Thorpe of Ryedale Wildlife Rehabilitation.

Yesterday this buzzard was released back to the wild (pictured here with vet Mark Maguib – photo by Jean Thorpe)

We’ve said this before but we’ll say it again – Jean’s work is entirely voluntary. If you want to support her efforts, please consider making a donation here.

Statement from Wildlife Estates Scotland on membership status of Newlands Estate

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

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

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

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

wes-statement-newlands

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

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

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

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

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

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

They’re having a laugh.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vicarious liability prosecution: Andrew Duncan (Newlands Estate) part 10

Criminal proceedings continued on 15 November 2016 against landowner Andrew Walter Bryce Duncan, who is alleged to be vicariously liable for the crimes committed by gamekeeper William (Billy) Dick in April 2014.

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

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

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

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

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

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

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

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

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

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

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

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

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

Following gamekeeper Mr Dick’s failed appeal in July 2016 (see here), we posed a number of questions. These are still to be answered:

  1. Is/was criminal gamekeeper William (Billy) Dick a member of the Scottish Gamekeepers’ Association? The SGA refused to comment on Mr Dick’s membership status at the time, saying they ‘wanted to wait until the legal process had concluded’. Well, now Mr Dick’s criminal conviction for wildlife offences has been upheld, how about answering the question? Emails to: info@scottishgamekeepers.co.uk
  2. Will Scottish Land & Estates now expel the Newlands Estate from the ranks of SLE membership? SLE said at the time that Newlands Estate’s membership of SLE had been ‘voluntarily suspended’ pending on-going legal proceedings. Well, now the gamekeeper’s criminal conviction for wildlife offences has been upheld, how about answering the question? Emails to: info@scottishlandandestates.co.uk
  3. Will the Newlands Estate’s accredited membership of Wildlife Estates Scotland (WES) now be revoked? The conditions of membership of this scheme include: “the requirements to maintain best practice standards of animal welfare and comply with all legal requirements and relevant Scottish codes of practice”. At the time of Mr Dick’s conviction, a spokesperson for WES said the Newlands Estate’s membership and accreditation of WES had been ‘voluntary suspended’ pending the outcome of legal proceedings. Well, now the gamekeeper’s criminal conviction for wildlife offences has been upheld, how about answering the question? Emails to: info@scottishlandandestates.co.uk

We’ll also be watching closely to see whether the Newlands Estate will now be subject to a General Licence Restriction from SNH. If you recall, this restriction may be imposed by SNH where evidence of raptor crime is apparent and it has been available as a sanction for offences committed since 1 January 2014. Mr Dick killed the buzzard on Newlands Estate in April 2014. Although, even if the GL restriction is put in place, the estate can easily side-step it by applying for an ‘individual’ licence instead (e.g. see here).

Buzzard with shotgun injuries found in Thirsk, North Yorkshire

A buzzard with shotgun injuries has been found in Thirsk, North Yorkshire, this week. It had a broken femur. The bird has undergone surgery and is currently in rehabilitation with the wonderful Jean Thorpe of Ryedale Wildlife Rehabilitation.

bz-thirsk-oct-2016shot

bz-thirsk-oct-2016-xray

A quote from Jean: “Amazing work once again by Mark Naguib of Battleflatts vets. The shot buzzard is stood square once again with shiny pins correcting the break. He looks so much better already. Long way to go yet but looking good so far“.

North Yorkshire Police have been informed.

North Yorkshire maintains its status as one of the worst places in the UK for the illegal killing of birds of prey. It’s a county where much of the landscape is dominated by grouse moors, particularly in the two National Parks: the North York Moors NP and the Yorkshire Dales NP, as well as a large number of pheasant and partridge shoots.

This year, other raptor persecution crimes uncovered in North Yorkshire have included several illegally spring-trapped buzzards, several shot buzzards, at least ten shot red kites, and a gamekeeper filmed setting three illegal pole traps on a grouse moor.