A Scottish grouse moor-owning baron, an illegally pole-trapped peregrine and a Ministerial post in DEFRA

Yesterday it was announced that Robbie Douglas-Miller OBE has been appointed as a Parliamentary Under Secretary of State in the Department for Environment, Food and Rural Affairs (DEFRA).

Eh? So an unelected billionaire who likes to wear a crown has conferred a Barony on some other bloke which then allows that other unelected bloke to be given a Ministerial role in DEFRA, which has been approved by the unelected billionaire who likes to wear a crown, and we’re all supposed to accept this is a functional democracy? Good grief.

That new unelected DEFRA Environment Minister, Baron Douglas-Miller, is believed to be the same Robbie Douglas-Miller who just happens to be the sole director of Moorfoot Capital Management Ltd which owns a grouse moor (Hopes Estate) in the Lammermuirs in south Scotland. Along with Lord Benyon, that’ll now be two grouse moor-owning Environment Ministers in DEFRA.

Douglas-Miller has, according to this article in the Guardian, been accused of ‘obstructing public access‘ by ‘apparently making it difficult for walkers to access a site East Lothian’s Lammermuir Hills, which is part of his Hopes Estate‘.

It’s not the first time access issues have been raised at Hopes Estate. In 2017, fieldworkers from the Scottish Raptor Study Group published two scientific papers about their long-term monitoring of merlins on grouse moors in the Lammermuirs and how that came to an abrupt end in 2015 after they were suddenly refused vehicular access, having previously enjoyed a good cooperative relationship with landowners and gamekeepers for many years. They believed that the relationship breakdown was a result of them highlighting some of the intensification of management practices on those grouse moors. Their study area covered several estates including the Hopes Estate (see here and here).

It’s worth noting that none of these grouse moor management practices were unlawful (at the time), and indeed the fieldworkers did not find any evidence of illegal raptor persecution, but their criticism of the increased use of bridge (rail) traps that were catching / killing non-target species such as dippers, merlin and ring ouzels, and the killing of mountain hares that were then dumped in stink pits was an issue of concern to them.

The Hopes Estate had achieved accreditation in 2013/14 under the Wildlife Estates Scotland (WES) scheme, which is administered by landowners’ lobby group Scottish Land & Estates and was chaired for several years by Robbie Douglas-Miller.

Estates that are awarded accreditation under the WES scheme have to meet certain criteria, including:

  • Commitment to best practice
  • Adoption of game and wildlife management plans that underpin best practice
  • Maintaining species and habitats records
  • Conservation and collaborative work
  • Integration with other land management activities (such as farming, forestry and tourism)
  • Social, economic and cultural aspects (such as employment, community engagement and communications)

The WES scheme was first piloted in 2011 and was believed to be in response to MSP Peter Peacock’s call in 2010 for an estate licensing scheme to combat ongoing raptor persecution (see here). The scheme was then rolled out fully in 2013 but not without some healthy scepticism of it being a greenwashing exercise (see here).

Since then, in general, I think it’s probably been a good thing for estates to aspire to, although a number of estates in the WES scheme have had wildlife crime incidents recorded on their land, e.g. Invercauld Estate (see here and pay attention to the letter written by the estate to the then Environment Minister where the estate quoted its membership of the WES scheme as an example of its apparently good stewardship. Of course, this estate is now currently serving a three-year General Licence restriction after further evidence of wildlife crime was uncovered there, including what Police Scotland described as the ‘deliberate’ poisoning of a golden eagle – here).

In addition, the WES-accredited Newlands Estate in Dumfriesshire saw one of its gamekeepers convicted for killing a buzzard after he threw rocks at it before repeatedly stamping on it (see here and here). To be fair, when challenged about the estate’s WES accreditation in light of the gamekeeper’s conviction, WES stated that the estate’s accreditation had been ‘suspended’ (note, not revoked, see here) although for how long, who knows?

And just this week, another WES-accredited estate is at the centre of a police investigation after a dead peregrine was found in a baited illegal pole trap in the Pentlands (see here). The Police Scotland appeal for information stated that the dead peregrine ‘was found around 100 yards from a public path on the edge of a small woodland south of Wester Bavelaw on Thursday, 23 November, 2023′.

According to Andy Wightman’s Who Owns Scotland website this ‘small woodland south of Wester Bavelaw’ appears to be on the Bavelaw Estate:

The Bavelaw Estate, according to its own website, is a WES-accredited estate and says this about it:

‘Over the last five years, The estate have enhanced habitat across the board, including planting over 50 ha of mixed native woodland, peatland restoration, the creation of wetland areas, including wader scrapes and ponds, restoration of riparian habitats and heather and bracken swiping as well as connecting wildlife corridors. Additionally, restoring 7,861 sq Km of public access paths.

The assessor was extremely impressed with the integrated management direction the Estate is taking and specifically referenced the undeniable passion and enthusiasm for nature that both the landowner and his employees have‘.

Photo by RPUK blog reader

Interestingly, and again according to Andy Wightman’s Who Owns Scotland website (data collected 10 July 2023), Bavelaw Estate is owned by Robert, Andrew, Robert and Edward Douglas-Miller as Trustees of Firm of Bavelaw Castle Farm:

Now, to be absolutely clear and for the avoidance of doubt, there is no suggestion whatsoever that Robbie Douglas-Miller, or his relatives, or indeed anyone associated with Bavelaw Estate is responsible for, or had any knowledge of, the setting and baiting of that illegal pole trap that killed the peregrine. The police investigation is ongoing and we’ll just have to wait and see whether the police appeal for information brings forward any witnesses and whether the forensic analysis identifies a suspect.

I genuinely expect Robbie Douglas-Miller will have been as horrified as the rest of us and will be eager to know who set that illegal trap, and who might also be responsible for other incidents of raptor persecution / wildlife crime in the area, e.g. the illegally poisoned peregrine found about half a mile away in 2018 (here), the suspicious disappearance of golden eagle Fred a few kilometres away in 2018 (here) the merlin nest that was shot out in 2017 (here) and the raven shot on its nest in 2016 (here).

Nevertheless, it appears that a heinous wildlife crime has been detected on another WES-accredited estate, and that the apparent new DEFRA Environment Minister is a co-Trustee of the company that owns the estate.

As an aside, I was interested to see the game-shooting lobby was very quick to deny that the pole-trapped peregrine had anything to do with grouse shooting – indeed, MSP Rachael Hamilton even stated as much in the Chamber during Thursday’s parliamentary debate on the Wildlife Management Bill (“…there is clearly no link to a grouse moor management…“, here). How does she know?!

There is driven grouse shooting on neighbouring land to Bavelaw and Bavelaw was once a prominent grouse shooting estate itself (the lines of grouse butts are marked on the OS map) but it is believed that Bavelaw is currently managed as a sheep farm, although there is evidence that muirburn takes place but it doesn’t look like the intensive muirburn typically associated with a driven grouse moor:

Bavelaw Estate. Photo by RPUK blog reader

What’s really interesting then, is why the Bavelaw Estate was a signatory on a recent letter sent to Environment Minister Gillian Martin where nearly 400 rural businesses expressed their concern that a grouse moor licensing scheme would be detrimental to their interests (see here). You can’t have it both ways – either there’s a link to grouse shooting or there isn’t.

I really don’t know what to make of Robbie Douglas-Miller’s appointment as an Environment Minister in DEFRA. What can a prominent grouse moor owner, member of Scottish Land & Estates and a former GWCT Director bring to the policy table? Perhaps he’ll use his experience of chairing the WES scheme in Scotland to try and impart some sense to the appalling and unregulated mismanagement of England’s grouse moors? Although given SLE’s open-mouthed hysteria about the proposed grouse moor licensing scheme in Scotland, that doesn’t seem likely.

UPDATE 7th December 2023: More information emerges on new, unelected DEFRA minister (here)

Peregrine found dead in illegal pole trap in Pentland Hills – Police Scotland appeals for information

Press release from Police Scotland:

Appeal after peregrine falcon found dead in a trap near Balerno, Edinburgh

Wildlife officers are appealing after a protected bird of prey was found dead in a trap near Balerno, Edinburgh.

The dead peregrine falcon was found around 100 yards from a public path on the edge of a small woodland south of Wester Bavelaw on Thursday, 23 November, 2023.

Wildlife Crime Officer, Detective Constable Daniel Crilley, said: “This protected bird was found in a baited pole trap that is illegal.

“Peregrine falcons are protected under the Wildlife and Countryside Act and forensic tests are being done as part of our ongoing enquiries to establish the full circumstances.

“We are asking anyone who saw anything suspicious in the area or who has information that could help pour investigation to get in touch.

“If you can help please contact us via 101, quoting incident number 1376 of Friday, 24 November, or make a call anonymously to Crimestoppers on 0800 555 111.”

ENDS

Well done Police Scotland for a speedy press release.

Pole traps, like this one photographed a few years ago on a grouse moor in the Yorkshire Dales National Park, have been illegal since 1904, and for very good reason.

Photo by RSPB Investigations

It’s a barbaric way to kill any animal and causes horrendous suffering and distress, often over a period of many hours. A spring trap is placed on a post where a bird of prey is likely to perch. When the bird lands on the ‘plate’, the trap springs shut on the bird’s legs. When the bird tries to fly off, it ends up dangling upside down because the trap is attached to the post to prevent it from being carried away. The bird remains dangling, often with severe injuries, until its ultimate demise.

Whoever set this trap, whether they were targeting a peregrine or something else, should be in jail. Anybody who is prepared to inflict this level of suffering to a living creature, let alone to a protected species, should not be at large in a civilised society.

The location of this awful crime is also of interest – just a couple of kilometres from where satellite-tagged golden eagle Fred ‘disappeared’ in 2018 (see here) before his tag (and maybe Fred) ended up in the North Sea. It’s also very close to the location of a poisoned peregrine found in the Pentlands in 2018 (here). It’s becoming quite the persecution hotspot.

It’s also yet another timely example for MSPs voting on the general principles of the Wildlife Management & Muirburn (Scotland) Bill in Parliament on Thursday. If this case, along with the recent suspicious disappearance of golden eagle Merrick, doesn’t help persuade MSPs that they’re being given the two-fingered salute, I don’t know what will.

UPDATE 2 December 2023: A Scottish grouse moor-owning Baron, an illegally pole-trapped peregrine and a Ministerial post in DEFRA (here)

Case adjourned for Christopher Wheeldon accused of alleged peregrine egg theft in Derbyshire

Christopher Wheeldon, 34, of Lime Grove, Darley Dale, Matlock appeared in court in Chesterfield on 15 November 2023 to face charges charges relating to the alleged theft of peregrine eggs and disturbance of a peregrine nest site in Bolsover in April 2023 (see here).

Photo by Ben Hall, RSPB Images

This is the case where the accused failed to attend court in October 2023 and a warrant was issued for his arrest (see here).

The case was adjourned again on 15 November 2023 as there was insufficient time and Wheeldon is now scheduled to appear again on 15 January 2024.

Thanks to the RSPB’s Investigations team for the information.

PLEASE NOTE: As this is a live court case comments won’t be accepted until criminal proceedings have concluded. Thanks for your understanding.

UPDATE 16 January 2024: Derbyshire ‘drug addict’ jailed for stealing peregrine eggs (here)

Man fails to attend court to face charges of alleged peregrine egg theft in Derbyshire

Christopher Wheeldon, 34, of Lime Grove, Darley Dale, Matlock was due in court in Chesterfield today to face charges charges relating to the alleged theft of peregrine eggs and disturbance of a peregrine nest site in Bolsover in April 2023 (see here).

Peregrine photo by Ben Hall, RSPB Images

Wheeldon failed to attend court and a warrant is out for his arrest.

PLEASE NOTE: As this is a live court case comments won’t be accepted until criminal proceedings have concluded. Thanks for your understanding.

UPDATE 22nd November 2023: Case adjourned for Christopher Wheeldon accused of alleged peregrine egg theft in Derbyshire (here)

Police in Derbyshire charge man for alleged disturbance of Peregrine nest & theft of eggs

Derbyshire Constabulary posted the following statement on social media yesterday:

“A suspect from Matlock has been charged with taking eggs of a Schedule 1 wild bird and disturbing the nesting site of a Schedule 1 wild bird following an incident at a Peregrine falcon nesting site at Bolsover, Derbyshire in April 2023. The suspect will appear at North East Derbyshire and Dales Magistrates Court in October“.

Peregrine falcon. Photo: Ben Hall, RSPB Images

There is further commentary on Derbyshire Constabulary social media where the individual is named as Christopher Wheeldon of Lime Grove, Darley Dale, Matlock. The 34-year-old has apparently been released on bail and is due to appear at Chesterfield Justice Centre on 16th October 2023.

PLEASE NOTE: As this is a live court case comments won’t be accepted until criminal proceedings have concluded. Thanks for your understanding.

UPDATE 16th October 2023: Man fails to attend court to face charges of alleged peregrine egg theft in Derbyshire (here)

UPDATE 22nd November 2023: Case adjourned for Christopher Wheeldon accused of alleged peregrine egg theft in Derbyshire (here)

UPDATE 16 January 2024: Derbyshire ‘drug addict’ jailed for stealing peregrine eggs (here)

Stolen peregrine rehabbed and released back to the wild in Suffolk

Press release from Suffolk Constabulary (13th December 2022):

Helping peregrine back into the wild

A peregrine falcon that had been unlawfully taken from a nest and located by Suffolk Police has now been released back in the wild.

The protected bird of prey was looked after by wildlife expert Peter Merchant, who was contacted by officers of the Force’s Rural & Wildlife Team after it was found during a search of an address in Lowestoft in June this year.

Peter looked after the bird with minimal human contact and trained it to hunt, ensuring it was suitable for release. This has now been done in a secret location in the county.

Sgt Brian Calver, who leads the Rural & Wildlife Team, said: “It is illegal to take a bird from the wild. We suspect the birds from this nest were taken for financial gain and it is down to the vigilance of the public and by reporting this to us that this bird has been fortunate enough to be returned to the wild, where he should be. We would like to thank Peter for his help. His knowledge and experience were instrumental in ensuring the safe release of this wonderful bird.

“We would encourage the public to notify us of any suspected criminal activity regarding wildlife. Nature cannot speak up for itself and needs us to be their eyes and ears.”

Peter Merchant has four decades of experience of recovering and rehabilitating birds of prey under licence. Thanks to his skill and vigilance 25 peregrine falcons have been released back into the wild.

Peter said: “This latest situation came about because a person without licence retained a schedule 1 protected bird of prey. The early fledged youngster would, under normal circumstances, have been returned to its parental group but the period of delay before the bird was recovered meant this was not possible. This was why a considerable period of rehabilitation was needed.

“The bird was isolated from human contact in an exercise pen and fed on a controlled diet with prey items which closely simulate the ground-feeding birds it will eventually encounter. In early November it was transferred to a purpose-built release pen and I want to thank the local landowner and his wildlife associates for their care and dedication. We all then had the satisfaction of seeing the bird released into the wild.”

ENDS

Presumably this is the same peregrine that featured on this blog in June 2022 (here).

Great work by everyone involved in this rescue, recovery and release!

Raptor persecution crime fighters win national awards

I attended the UK Wildlife Crime Conference over the weekend, where law enforcers, statutory agencies and NGOs gather to hear the latest views, approaches, successes and challenges of combating wildlife crime in the UK. 

A feature of this annual event is the WWF-sponsored awards given to those whose work deserves national recognition.

This year, I was delighted to see two of those awards being won by teams whose work has focused on tackling the illegal persecution of birds of prey.

First up was Dr Eimear Rooney and Dr Marc Ruddock from the Northern Ireland Raptor Study Group, who won WWF Wildlife Crime Partner of the Year 2022:

To say their award was richly deserved is a massive understatement. I’ve watched them pour their hearts and souls into raptor conservation in Northern Ireland for many, many years and I can’t think of more deserving recipients.

Without their efforts, providing help, advice and training to an army of raptor monitoring volunteers, as well as doing their own fieldwork, as well as writing grant applications, as well as writing reports, as well as producing educational material, as well as fundraising, as well as hosting conferences, as well as political engagement, as well as engaging in multi-partner initiatives to tackle raptor persecution, often at the expense of spending time with their young families, and still managing to be the most upbeat and fun-loving people to be around, then raptors in Northern Ireland would be in a far more perilous state than they are currently.

I’m thrilled to see their efforts recognised at long last; well done Eimear & Marc!

The second team to win an award for its work tackling raptor persecution was a multi-agency team working on ‘Operation Tantallon’, which is a huge, ongoing investigation into the alleged theft and laundering of wild peregrines in Scotland and northern England.

This investigation team includes Police Scotland, Scottish SPCA, NWCU and SASA, with additional support from members of the Scottish Raptor Study Group. So far three people have been charged with offences, including a serving police officer (see here) and a part-time gamekeeper (here).

Members of Operation Tantallon received the Wildlife Crime Operation of the Year Award 2022 from Megan McCubbin (photo by Guy Shorrock):

The case is ongoing, the defendants are reportedly facing over 100 charges, and a wide range of investigative techniques have been deployed including surveillance, peregrine DNA analysis, searches under warrants, bankers warrants, cyber crime and the Proceeds of Crime Act.

The scale of this effort to bring a prosecution in a raptor persecution case is virtually unheard of in the UK and the ramifications, should the defendants be found guilty, will be huge. Further details of the case will be made available as the case progresses through the courts.

The dedication and determination of those involved in the multi-agency investigation has been outstanding and it’s good to see their hard work recognised. Well done, all!

UPDATE 16 December 2023: Part-time gamekeeper & son plead guilty to peregrine laundering charges; serving police officer cleared (here)

Entries invited for art auction – proceeds to help support peregrine nest protection in Derbyshire

Derbyshire Wildlife Trust is inviting entries for its annual art auction.

This year’s theme is Fight for Flight and the Trust is looking for contributions that celebrate UK bird species. Entries can be any type of artwork, from photography to drawing, as long as it fits on an A5 size card (i.e. postcard).

Entries close on 31st October 2022 and the auction site will be live online from 21st November – 21st December 2022.

[A contribution from last year’s auction – sorry, artist’s name not known]

In previous years the funds raised from the art auction have been used to support hen harrier protection in the region. This year, the funds raised will be used to support Derbyshire Wildlife Trust’s peregrine protection scheme.

As regular blog readers will know, peregrines are at high risk of persecution in Derbyshire, particularly in the Dark Peak area of the Peak District National Park. Peregrines have been found shot (e.g. here), poisoned (e.g. here) and eggs have been robbed from nests (e.g. here).

This year a team of 22 volunteers from Derbyshire Wildlife Trust have kept daily watch on vulnerable, high-risk peregrine breeding sites throughout the breeding season, resulting in successful fledging at many sites. The art auction funding will help DWT repeat this effort again in 2023.

Further details about how to enter/contribute your art work can be found on the DWT website here and the actual auction will be available online in November here.

Public consultation on the issue of ‘wild take’ of English raptors for falconry

Natural England has launched an eight-week public consultation as it reviews its position on the licensing of falconers permitting them to remove [unspecified] raptors from the wild for falconry/captive breeding programmes.

The call for evidence was announced last week (see here) and although the online notice is illustrated with a peregrine falcon, I’m somewhat alarmed to note from the accompanying text that this review does NOT appear to be restricted to the licensed removal of just peregrines from the wild, but could apply to any other raptor species Natural England considers to have ‘recovered’.

This is a controversial issue, of course, not least because of the history (and in some cases, ongoing) illegal persecution of some raptor species in the UK, and the ‘sport’ of falconry in this country being largely unregulated. For example, anybody can buy a captive bird of prey in the UK, without having to demonstrate any prior level of knowledge, let alone proficiency, in the bird’s care and welfare.

This is very different from falconry in the US, where falconers are required to undertake several years of supervised training and examination before they are considered appropriately qualified and are permitted to take raptors from the wild, usually for a temporary period with the bird being released back to the wild after being flown for a few seasons. Inspections of the bird’s housing is even a requirement of the licence.

That’s not to say that there aren’t some very good falconers in the UK – there are, for sure, and their expert skills are often deployed to help rehabilitate wild-injured raptors and release them back to the wild. It’s also true to say that falconry techniques have been central to the conservation of some raptor species (e.g. Mauritius kestrel, the peregrine in the US after the DDT crash, vulture species in India after the Diclofenac crash) but these arguments are not relevant to what is currently being proposed for the wild-take of peregrines and other raptors in the UK for ‘sport’, even though several UK falconers point to these arguments as apparent justification.

The last time Natural England issued licenses for the removal of young peregrines from the wild, for a purported captive-breeding programme in 2020, the news generated heated arguments both for and against the licences, as reported on Mark Avery’s blog (e.g. see here, here and here).

The situation was even more confused when it became apparent that the falconers involved were based in Scotland, that SNH had refused to issue licences for the removal of Scottish peregrines, but that Natural England had issued licenses for the removal of peregrines in England, to be then held in captivity in Scotland.

However, according to the latest news from Natural England, although licences were issued in 2020, ‘the licenses expired earlier this year with no chicks having been taken‘. NE doesn’t explain why.

For me, the justification for permanently removing raptors from the wild to satisfy a human’s ‘sporting’ need is not a convincing argument. There are plenty of captive-bred raptors available for those who wish to pursue this sport without the need to plunder wild populations that in some cases are still recovering from decades of persecution.

In the case of peregrines, this is even more of a concern when you realise that on previous licences, NE authorised the removal of chicks from nests in ‘all counties’ [in England], despite the well-documented evidence that peregrine populations in the uplands have suffered massive declines as a direct result of illegal persecution, particularly on land managed for driven grouse shooting (e.g. see here, here, here and here). Just because the species is currently ‘green-listed’ nationally, this status does not take into account the regional difficulties for this particular species.

Natural England makes a further argument that peregrines ‘need to be taken from the wild’ as opposed to considering the alternative of placing wild-disabled birds into the care of falconers because:

‘Wild peregrine falcons which have arrived in captivity due to injury are also not likely to be suitable as breeding from a bird from the wild is much more difficult than one reared by humans – they are simply not used to humans and are not as likely to breed successfully as a chick taken from the wild and reared by a human‘.

This is a surprising statement from Natural England, given that NE intends to do exactly this for its planned controversial release of hen harriers in southern England – using wild-disabled hen harriers from the continent for a captive breeding programme whereby the injured birds’ progeny will be released into the wild. I’d argue that NE’s position on peregrines is thoroughly hypocritical.

The public call for evidence is open to anybody and is available for 8 weeks. You can participate here.

UPDATE 7th March 2025: DEFRA endorses Natural England’s recommendations for a presumption AGAINST the issuing of licences for taking wild birds of prey for falconry (here)

Suffolk police remove peregrine from falconer for return to the wild

On Friday, Suffolk Police’s wildlife crime team posted a photo on Twitter of a young tethered peregrine wearing falconry jesses. The photo was accompanied by a statement about how a multi-agency team had executed a search warrant at an unknown address and removed the peregrine with the intention of releasing it back to the wild.

No information was provided about the circumstances of how the falconer came to be in possession of a wild peregrine or whether the falconer would face charges for unlawful possession.

After a bit of digging it turns out that the young peregrine had hatched at a monitored site and had crash-landed in to a lake post-fledging. It had been rescued and sent to a wildlife hospital for assessment and rehabilitation.

Somehow (it’s not clear to me how) two falconers became involved and one of them took the peregrine, perhaps also with the intention of rehabilitation before release, but perhaps not. The falconer had removed the plastic colour ring from the peregrine’s leg (why would you do that if you intended to release the peregrine?) although the metal BTO leg ring was still in place on the other leg (as you can see from the photo).

Somebody obviously had concerns about the falconer’s intentions because a tip-off led to the multi-agency search led by Suffolk Police and assisted by Norfolk Constabulary, RSPB Investigations and the National Wildlife Crime Unit. Search warrants aren’t usually granted without the police being able to show reasonable grounds to suspect a crime has been committed. The peregrine was seized, presumably to ensure it was returned to the wild.

Apparently the police dealt with the falconer by way of a community resolution order, probably because it would have been too difficult (virtually impossible) to prove criminal intent in this case.

Well done to the police and agencies involved in retrieving this peregrine and getting it back where it belongs.

UPDATE 14th December 2022: Stolen peregrine rehabbed and released back to the wild in Suffolk (here)