Everyone’s favourite Minister Richard Benyon has been giving evidence at the House of Commons Environmental Audit Committee’s inquiry into wildlife crime (see here, here and here for earlier blog posts about this inquiry).
Some of the topics on which Benyon was questioned included #buzzardgate, hen harriers, the introduction of vicarious liability in England, the legislation concerning possession of illegal poison, and the independence of Natural England.
So how did he do?
He started off badly when questioned about the need for legislation to criminalise the possession of certain poisons. The legislation is already in place in Scotland but a loophole in the English legislation means that ‘possession’ (rather than ‘use’) is still not an offence – see here for an RSPB press release last year on this very topic. Bungling Benyon suggested that the current legislation was adequate and didn’t require updating. He was picked up on this a bit later by the Committee Chair, who insisted on clarifying whether there was a difference between ‘possession’ and ‘use’ in the legislation. Benyon chose the safe option and asked whether he could make the clarification in writing at a later date, presumably to give himself time to actually go and read the legislation.
On the issue of whether to introduce vicarious liability legislation in England for raptor persecution crime, Benyon commented that there were no plans to introduce VL but he will watch the impact of it in Scotland. That’s fair enough. Why waste time and funds to introduce something that may be completely useless as a tool to combat raptor crime until you’ve seen whether it can make a difference in Scotland. It was suggested to Benyon that some might say the Scottish government takes wildlife crime more seriously than their English counterparts. Benyon rejected that and said there are wildlife crime measures that are making a difference and the legislation is adequate. Unfortunately he didn’t give any examples.
When asked about #buzzardgate, he basically said he loved buzzards but that some of the people protesting about the ‘study’ had misunderstood the research. Er, what was there to misunderstand? Benyon and his game-shooting cronies wanted to spend our money removing native buzzards from the wild, on private shooting estates, for the benefit of mass-introduced non-native species that are bred for the sole purpose of being killed for sport. “I recognise that it hit a wall of credibility“, said Benyon. Too bloody right it did.
When asked whether he was doing anything specific to protect the hen harrier, Benyon stated, “Yes, we are“. He said he was looking at the possibilty of a project that might work, but he didn’t want to provide any specific details because “it is at a very conceptual stage“. Hmm. Could this be the controversial plan to introduce a so-called ‘ceiling’ for hen harrier numbers, a concept that has been knocking around since 2008 (see here and here)? We’ll have to wait and see.
Benyon was then asked: To what extent are you satisfied that Natural England is making sufficient use of its civil enforcement powers in relation to SSSIs? Benyon’s response: “…….It is also very important that Natural England is an arm’s length body with the neccessary statutory basis that they have, and that they are able to operate the laws and sanctions that they have freely and unencumbered“. Now that’s an interesting statement! If you’ve been following Mark Avery’s superb analysis of what went on in the Walshaw grouse moor fiasco (see here for his 23rd blog entry on the subject), you’d be hard pressed to believe that Natural England acted “freely and unencumbered”. There’s still plenty more to be uncovered about what happened between Natural England and Walshaw Moor Estate but rest assured that Mark Avery will have a good go at getting to the bottom of it. Benyon’s statement may just come back to haunt him.
To read the full transcript of Benyon’s evidence to the Environmental Audit Committee, see here. Bear in mind that this is the uncorrected version; the corrected version should be posted shortly.
The EAC has now finished compiling the written and oral evidence in this inquiry and a report should be published in due course.
Here’s some insight into what is causing the delay in the sentencing of Tom McKellar in the Glen Orchy poison case. From yesterday’s Press & Journal:
It’s been a long time coming. A very long time. Over three years. But today is the day Tom McKellar is sentenced for possession of Carbofuran, found at his house in June 2009 during a police investigation into the poisoning of a golden eagle (see
Tom McKellar, a gamekeeper/farmer at Auch Estate in Argyll who was convicted last month of possession of the banned pesticide Carbofuran (see
MAY 2006: A dead adult golden eagle was found on the Dinnet & Kinord Estate, near Ballater, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide, Carbofuran. Grampian Police launched an investigation. Five years and 11 months later, nobody has been prosecuted.
JUNE 2006: A dead golden eagle was found on Glen Feshie Estate in the Cairngorms. Tests revealed it had been poisoned by the illegal pesticide, Carbofuran. Northern Constabulary launched an investigation. Five years and ten months later, nobody has been prosecuted.
AUGUST 2007: A dead adult female golden eagle was found on an estate near Peebles in the Borders. She was half of the last known breeding pair of golden eagles in the region. Tests revealed she had been poisoned by the illegal pesticide, Carbofuran. Lothian & Borders Police launched an investigation. Four years and eight months later, nobody has been prosecuted.
AUTUMN 2007: Tayside Police received a detailed tip-off that a young male white-tailed eagle (known as ‘Bird N’) had allegedly been shot on an estate in Angus. The timing and location included in the tip-off coincided with the timing and location of the last-known radio signal of this bird. Four and a half years later, the bird has not been seen again. With no body, an investigation isn’t possible.
MAY 2008: A one year old male white-tailed eagle hatched on Mull in 2007 and known as ‘White G’ was found dead on the Glenquoich Estate, Angus. Tests revealed he had been poisoned by an unusual concoction of pesticides that included Carbofuran, Bendiocarb and Isofenphos. A police search in the area also revealed a poisoned buzzard, a baited mountain hare and 32 pieces of poisoned venison baits placed on top of fenceposts on the neighbouring Glenogil Estate. Laboratory tests revealed the baited mountain hare and the 32 poisoned venison baits contained the same unusual concoction of highly toxic chemicals that had killed the white-tailed eagle, ‘White G’. Three years and 11 months later, nobody has been prosecuted.
JUNE 2009: An adult golden eagle was found dead at Glen Orchy, Argyll, close to the West Highland Way. Tests revealed it had been poisoned by the illegal pesticide, Carbofuran. Strathclyde Police launched a multi-agency investigation. Two years and ten months later (April 2012), Tom McKellar pled guilty to possession of Carbofuran stored in premises at Auch Estate, Bridge of Orchy. Nobody has been prosecuted for poisoning the golden eagle.
JULY 2009: A two year old female golden eagle known as ‘Alma’ was found dead on the Millden Estate, Angus. Tests revealed she had been poisoned by the illegal pesticide, Carbofuran. Alma was a well-known eagle – born on the Glen Feshie Estate in 2007, she was being satellite-tracked and her movements followed by the general public on the internet. Tayside Police launched an investigation. Two years and nine months later, nobody has been prosecuted.
AUGUST 2009: A young white-tailed eagle was found dead on Glenogil Estate, Angus. Tests revealed it had been poisoned by the illegal pesticide, Carbofuran. Tayside Police were criticized in the national press for not releasing a press statement about this incident until January 2010. Two years and 8 months later, nobody has been prosecuted.
MAY 2010: Three dead golden eagles were found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. One year and 11 months later, nobody has been prosecuted for poisoning the three golden eagles.
JUNE 2010: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.
JUNE 2010: A golden eagle and a white-tailed eagle were found dead on an estate near Farr, Inverness-shire. Tests revealed they had been poisoned by the illegal pesticide, Carbofuran. Northern Constabulary apparently did not search the property until July 2011. One year and ten months later, nobody has been prosecuted.
DECEMBER 2010: A decomposing carcass of a white-tailed eagle was found and photographed on Logie (Lochindorb) Estate, Morayshire. It was reported to Northern Constabulary. By the time the police arrived to collect it, the carcass had disappeared. The police said they couldn’t investigate further without the body.
MARCH 2011: The body of a young golden eagle was discovered on North Glenbuchat Estate, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide, Carbofuran. Grampian Police launched an investigation and raided the property in May 2011. One year and one month later, we are not aware of any pending prosecutions.
APRIL 2011: The body of a white-tailed eagle was found at the base of cliffs on Skye. The person who discovered it (a professional medic) considered it to have been freshly shot with a rifle, decapitated with a sharp implement and thrown from the cliff top. He took photographs and alerted Northern Constabulary and RSPB. There was a delay of two weeks before the now probably decomposed carcass was collected. A post-mortem was inconclusive. This incident was not made public until one year later after a tip off to this blog. We are not aware of any pending prosecutions.
NOVEMBER 2011: The signal from a satellite-tracked young golden eagle (hatched in 2010) stopped functioning when she was at a location in the Monadhliaths, a well-known raptor persecution black spot in the Highlands. Her last known location was checked by researchers but there was no sign of the bird. Another ‘disappearance’ in suspicious circumstances or a technical malfunction of the satellite transmitter?