So, what did we learn from last night’s Inside Out programme on the illegal persecution of hen harriers?
According to Martin Gillibrand, the Moorland Association’s secretary, there is ‘no evidence’ that gamekeepers have been involved in hen harrier persecution, and the cause of their near extinction as a breeding species in England is “as a result of some very bad springs, breeding productivity has fallen off and the numbers have gone down“. Ah, so climate change is the real problem then. So if we all turn down our central heating and get our lofts insulated the hen harriers will be ok. It’s the same old story – give any explanation for the demise of the hen harrier except for the most obvious one.
Funny that he didn’t mention an earlier Moorland Association statement, given as written evidence during the recent parliamentary audit on wildlife crime (see here) –
“Until a full set of special rules allowing the positive management of hen harriers breeding on grouse moors is forthcoming from the Environment Council’s Hen Harrier Dialogue, moorland owners are within their rights and the law to deter the birds from settling on their moors to breed.”
Nor did he mention previous correspondence between the Moorland Association and DEFRA minister [grouse moor owner] Richard Benyon, discussing the possibility of derogations from international law that would allow for the legal ‘management’ of hen harriers (see here).
What else did we learn? Well, as predicted, the recent introduction of vicarious liability legislation in Scotland was touted as the solution to end raptor persecution. Unsurprisingly, this view was presented by Des Thompson of SNH – an organisation with a vested interest in making everyone believe that they’re dealing with the on-going (59 years and counting) problem of illegal raptor persecution. According to Des Thompson:
“We are seeing some real signs of success. There are indications now that the recorded incidents of poisoned birds of prey is declining“.
He went on: “We were despairing in Scotland a couple of years ago but things have got a lot better“.
Have they? Yes, the number of recorded poisoning incidents has dropped, but does that mean poisoning has dropped, or poisoning is still going on but it’s now better hidden, or that recorded poisoning incidents have dropped because other methods of persecution are now being employed? Here are three examples that suggest things have not ‘got better’ (see here, here and here).
It’s interesting that SNH should interpret the drop in recorded poisoning incidents as a ‘success’, when the only true measure of success will be if raptor populations (especially hen harrier and golden eagle) recover. If they do recover, it will take several years to see it. Sorry, but to suggest at this early stage that vicarious liability has been a ‘success’ is utter rubbish – it’s a statement with more spin than a Zanussi.
Yesterday we blogged about how vicarious liability isn’t the solution to solving the issue of illegal raptor persecution, mainly because the crux of the vicarious liability concept is that the individual criminal first has to be identified before his/her employer can be charged under the new legislation. However, this was written from a Scottish perspective, where evidence such as covert video surveillance (identifying an individual actually committing the crime) is so often banned as admissable evidence in court. However, in England, this type of evidence is frequently accepted in court and has been used very successfully to convict criminal gamekeepers. So, in this context, vicarious liability, if it was to be introduced in England, might just work.
If you missed last night’s programme you can watch it on iPlayer (here) for a limited period.
We’ll be blogging later today about the latest development from the Hen Harrier Dialogue…
For anagram fans: A SAD MORONS COALITION / MOORLAND ASSOCIATION

BBC 1’s Inside Out programme this evening will feature the plight of the hen harrier.
SNH have been under fire in recent weeks over their controversial decision to authorise the use of clam traps. (Thanks, by the way, to all of you who took the time to contact SNH on this issue – we await their latest response with interest).
The thin veneer of ‘partnership working’ is slipping.
Raptors have been the subject of discussion in a couple of BBC Radio 4 programmes over the last two days.
There’s another article out today about the imminent extinction of breeding hen harriers in England (see