Last week, the Hunt Saboteurs Association (HSA) posted a video and accompanying commentary on its website about a police investigation into a gamekeeper alleged to have been caught on camera placing ‘poisoned-laced pheasant carcasses’ next to a pheasant release pen in Berrington, Shrewsbury in 2022 (see here).
The HSA reports that its fieldworkers collected some of the pheasant carcasses and sent them to the Wildlife Incident Investigation Scheme for toxicology analysis and the findings were reported to West Mercia Police for investigation.
Screen grab from the HSA video showing one of the pheasant carcass baits slit open and containing an unidentified white powder substance.
The report on the HSA website states:
‘The gamekeeper’s house was raided by the authorities, and despite poisonous substances being found, there was insufficient evidence to prove these were the same substances found on the bird carcasses. Sadly this meant there was no chance of a conviction in this case. This does mean that we are now able to share this footage with you to highlight the grim reality of the shooting industry‘.
The HSA report doesn’t identify what substance was found on the pheasant carcasses during the toxicology analysis, nor does it identify the ‘poisonous substances‘ alleged to have been found by West Mercia Police at the gamekeeper’s house, so it’s difficult to draw conclusions about any alleged criminality.
However, I did find an entry on the Wildlife Incident Investigation Scheme (WIIS) database referring to an incident involving ‘pheasant baits’ in Shropshire in 2022. This is likely to be the same incident as the HSA is reporting but beware, there is a small element of uncertainty because the WIIS database isn’t always kept up to date and some incidents are known to be held back from publication whilst investigations are still live.
Let’s assume the WIIS database entry refers to the HSA case. Here is what the WIIS entry says:
Ref: 107/367: Shropshire, September 2022, categorised as ‘abuse’, 2 x pheasant baits & 8 pesticide samples. The narrative is given as follows:
‘2 pheasant baits found with white/grey powder inside them. Residues of permethrin were found on the pheasant baits. Analysis confirmed a mixture of pesticides which were found during a visit to a pesticide store. This incident has been assigned to permethrin abuse. There were also failings in the storage of a range of pesticides, some of which are no longer approved‘.
That last sentence is key. If banned substances were found during the police raid AND there were ‘failings in the storage‘ of them, this would normally be sufficient evidence for a prosecution for failing to comply with the regulations relating to the possession and storage of various banned chemicals, and associated health & safety regulations, as we’ve seen in other recent cases (e.g. here), even if there was insufficient evidence to charge for placing poisoned baits.
There was a pretty gruesome criminal case taking place at the High Court in Glasgow last week relating to the infamous Auch Estate at the Bridge of Orchy.
Long-term blog readers may well remember the Auch Estate – a deer-stalking and fishing sporting estate where a poisoned golden eagle was found in June 2009 along with a carbofuran-killed fox and a carbofuran-laced sheep carcass. The discovery led to a raid at the farm manager’s home where Carbofuran was discovered in a game bag and two illegal handguns were discovered in the loft.
Three years later after prolonged legal proceedings, farm manager Tom McKellar (then aged 50) was convicted for having possession of the banned pesticide Carbofuran, although he wasn’t charged with poisoning the golden eagle or placing the poisoned bait. He was given a pathetic £1,200 fine for possession of Carbofuran and a 300-hour community service order for possession of the two handguns, a crime which would normally have attracted a mandatory five year custodial sentence (see here and here for some background to that case).
Aerial view of Auch Estate. Photo: Crown Office
The case heard last week at Glasgow High Court centred on twin brothers Alexander and Robert McKellar (now aged 31). In September 2017 after drinking with a German hunting party at a local hotel, Alexander McKellar’s vehicle hit a charity cyclist, Tony Parsons, who was cycling on the A82, causing him serious injury. Instead of helping him, the two brothers drove back to Auch Estate (where they were reportedly self employed farm workers living with their parents – Alexander McKellar was also reported to be a deer stalker), dumped their phones and changed vehicle and went back to pick up Tony Parson’s body, bike and possessions, and drove back to the estate and initially hid Mr Parsons in a wood.
They later removed him from the wood and took him to another location on the estate, reported in court as a location used for “the purposes of disposing dead animals”, in other words, a stink pit. There they dug a grave and buried Mr Parsons and burned his possessions.
Mr Parson’s remains were not discovered until January 2021 after a girlfriend of one of the McKellar brothers told police she’d been shown the grave site in 2020. Prior to her report, in 2018 the police had been tipped off to “pay attention” to the McKellar twins and had visited the estate in January 2019 but were apparently ‘asked to leave’.
Details of the case can be read here, here and here.
The McKellar brothers were due to stand trial for the murder of Mr Parsons but the court has accepted a not guilty plea from Robert McKellar and a guilty plea from Alexander McKellar to a lesser charge of culpable homicide. Both have pleaded guilty to attempting to defeat the ends of justice. They will be sentenced on 25th August at Glasgow High Court.
Let’s hope there’s some justice for Tony Parsons and his family.
UPDATE 4th August 2023: More detail emerges about McKellar twins who buried cyclist’s body in stink pit on Auch Estate (here)
UPDATE 25th August 2023: McKellar twins from Auch Estate sentenced for killing cyclist & burying his body in a stink pit (here)
Press release from Roy Dennis Wildlife Foundation (18th July 2023):
FIRST WHITE-TAILED EAGLE IN 240 YEARS FLEDGES IN ENGLAND
In a landmark moment for conservationists, the first white-tailed eagle for over 240 years has fledged from a nest in the wild in England. The chick is the first successful breeding attempt of the white-tailed eagles released by Forestry England and the Roy Dennis Wildlife Foundation’s project to return this lost species to England.
First WTE chick in England just prior to fledging. Photo: Roy Dennis Wildlife Foundation
White-tailed eagles are Britain’s largest birds of prey with a wingspan of up to 2.5 meters and were once widespread across England. Human persecution caused their extinction with the last pair breeding in southern England in 1780. In 2019, Forestry England and the Roy Dennis Wildlife Foundation began a reintroduction programme to restore these iconic birds to the English landscape.
Two of the birds released by the project in 2020 – female G405, originally translocated from the Outer Hebrides and male G471, from north-west Sutherland – reared the male chick earlier this summer. The location of the nest, on private land with no public access, is not being disclosed for the welfare of the birds and to prevent any disturbance to them or the landowner either this year or if the birds return to breed at the same location.
The chick was ringed and fitted with a satellite tag by licensed ornithologists from the Roy Dennis Wildlife Foundation enabling the project team to track this historic bird’s daily progress through its life.
The WTE chick being satellite-tagged. Photo by Forestry England
Roy Dennis MBE, Founder of the Roy Dennis Wildlife Foundation, said:
“This is a very special moment for everyone who has worked on, supported and followed this ground-breaking project. Restoring a breeding population in southern England, where the species was once widespread, has been our ultimate goal. Many thought it was impossible but we knew food for eagles – fresh and salt water fish, cuttlefish, rabbits, hares and wild birds – was plentiful. I visited the Isle of Wight as a young birdwatcher in the 1950s, saw the last breeding location at Culver Cliff and knew they should be restored. It is early days, but this is a very significant milestone and we are heartened by the enthusiastic support shown by so many people and that the sight of these huge eagles in the sky inspires hope for restoring nature. We still have a long way to go, but the feeling of seeing the first pair reach this stage is truly incredible.”
The birds are one of three territorial pairs that have now become established in southern England and the first to breed.
Steve Egerton-Read, White-Tailed Eagle Project Officer for Forestry England, said:
“We are thrilled that this moment has happened and at such an early stage in the project. At only three years old, it is remarkable that the pair have successfully bred, with most white-tailed eagles not attempting to do so until they are at least four or five. This pairs’ ability to breed and fledge their chick at this early age is extremely encouraging.”
“It is really hard to put into words just what an incredible moment this is for the return of these iconic birds to England. It is evidence of just how well the eagles are starting to fit back into this landscape and how, with a little help, nature can begin to return and thrive. Although it has not been possible to set up a public viewing site at this location, we are hopeful that one of the other pairs that has become established in southern England will choose to nest in a location that we can share with the public in future years.”
To date, 25 white-tailed eagles have been released by the reintroduction project with 16 still surviving. A further release of young white-tailed eagles is planned for later this summer from the project team’s base on the Isle of Wight.
The reintroduction of white-tailed eagles is conducted under licence from Natural England, the Government’s wildlife licensing authority. All of the young birds involved in the project are collected under a NatureScot licence from the wild in Scotland and brought to the Isle of Wight.
ENDS
Huge congratulations to everyone involved in this project – what fantastic news! Although it’s telling that the nest location is being kept secret, and quite rightly so in my view, for fear of disturbance.
It’s not been plain sailing for this project, with a number of the translocated eagles inevitably becoming the victims of illegal persecution, most notably the poisoned eagle found dead on a shooting estate in Dorset last year that resulted in one of the biggest police wildlife crime fiascos witnessed in recent years (e.g. see here and here).
The poisoned WTE found dead on a shooting estate in Dorset in January 2022. Photo: Dorset Police
And then there’s the poisoned white-tailed eagle found dead on a shooting estate in West Sussex in October 2021. Toxicology results confirmed it had been killed by ingesting the banned pesticide Bendiocarb (see here). Strangely, Sussex Police have remained coy about publicising this case and nobody seems willing to provide an update on the status of the investigation ever since May last year when the Chief Constable assured conservationists that the investigation was “very much ongoing” (see here).
I’d hope, as we approach the two-year anniversary of this illegal poisoning, that Sussex Police will manage to provide an update. A lot of people care passionately about these eagles and their reintroduction to southern England and rightly expect to see the police do everything in their power to bring the eagle-poisoner(s) to justice. Two years of stubborn silence isn’t a good look and if this young, historic fledgling suffers the same fate there’ll be uproar.
For those who don’t want to poison white-tailed eagles and would much rather enjoy the thrilling experience of seeing one in the wild, one of the best opportunities to see them in southern England is still from one of the regular ‘bird boats’ run by the charity ‘Birds of Poole Harbour‘ throughout the summer (the same charity that has worked with the Roy Dennis Wildlife Foundation to reintroduce ospreys to Poole Harbour). A number of eagles seem to spend a lot of time foraging and just hanging out in the harbour. You’ll need to book quickly though as these boat tours are incredibly popular (for obvious reasons!). Boat tour details here.
10 million blog views feels like a significant milestone.
Many thanks to all the friends, colleagues, collaborators, supporters, followers, commentators and funders, who make this worthwhile.
Here’s the photograph that I publish every time a new milestone is reached. This is a golden eagle that was found dead on a grouse moor in the Cairngorms National Park in 2006. It had been illegally poisoned. It epitomises everything in its pitiful, poignant, senselessness.
Photo: RSPB
Unfortunately there is still a lot more work to do, as evidenced by the recent discovery of two young white-tailed eagles found poisoned on a grouse moor in Northern Ireland in May 2023:
Photo: RSPB
The illegal killing of birds of prey in the UK continues and so must this blog. It can often feel like no progress is being made, but it is, albeit more slowly than any of us would like.
I read a report over the weekend where representatives of the game-shooting industry said they felt ‘under siege’ from campaigners. That’s good, some of them have been allowed to get away with far too much for far too long, often assisted and shielded by the very authorities who should be holding them to account.
Change will only come when enough of us demand it.
Further to the news on Friday that the two white-tailed eagles found dead on Northern Ireland’s only driven grouse moor at Glenwherry in the Antrim Hills had been illegally poisoned (see here), the Northern Ireland Raptor Study Group (NIRSG) has launched a new petition calling for a ban on the possession of dangerous pesticides.
The two poisoned white-tailed eagles. Photo: Northern Ireland Raptor Study Group
Here is the petition text:
Pesticides which have been deemed toxic to non-target plants and animals have been banned for use across many countries, including Northern Ireland. However, although ‘banned for use’, these dangerous substances are still being used, unlawfully, to target protected birds of prey.
There have been 64 confirmed incidents of abuse of banned or highly toxic chemicals to target birds of prey in Northern Ireland since 2009. However, prosecutions are notoriously difficult to attain because unless an individual is actually seen to be laying out a poisoned bait, it is virtually impossible to determine who laid the bait that subsequently kills a protected species. To date, we are not aware of any successful prosecutions for poisoning protected wildlife in Northern Ireland.
Scotland faced a similar problem with illegal wildlife poisoning so in 2005 it introduced new legislation making it an offence to be ‘in possession’ of certain banned substances (Possession of Pesticides (Scotland) Order 2005). The substances listed were those known to be used to illegally target birds of prey. This legislation has led to the successful prosecution of many individuals who were found to be in possession of the named banned substances, for example where it was discovered in their vehicles, at their work premises and even in their homes. Not only has the poison been confiscated and destroyed, these prosecutions have doubtless saved the lives of countless species and raptors that otherwise would have been targeted.
The banned pesticides are not just a threat to wildlife and the wider environment; many of them can have fatal consequences for any human (adult or child) who happens to inadvertently come into contact with them, for example by touching a poisonous bait laid out in the countryside.
In light of the most recent illegal poisoning of two young white-tailed eagles in County Antrim in May 2023, we are seeking an urgent review of the use of banned pesticides to kill wildlife in Northern Ireland, leading to the creation of a new law which prohibits the ‘possession’ of named, highly toxic poisons.
If a pesticide has already been banned for use on the basis of its toxicity and threat to humans, wildlife and the wider environment, there can be no justification for keeping it.
Please help our campaign by signing this petition (you don’t have to be a resident of Northern Ireland to sign). Thank you.
The poisons we would like to see prohibited for possession are:
Indeed, condemnation has even come from Michael Martin, the Irish Deputy Premier (the second most senior officer in the Irish Government) who had released one of these eagles last year as part of the reintroduction project in the Irish Republic:
The RSPB is offering a £5,000 reward for information leading to a conviction (see here).
The Northern Ireland Raptor Study Group’s press release (here) describes the location where the two eagles were found poisoned as follows:
‘Glenwherry Hill Farm is owned by the Department of Agriculture, Environment and Rural Affairs (DAERA) and operated by College of Agriculture, Food and Rural Enterprise (CAFRE). This area has many young student farmers, conservationists and volunteers carrying out field work and studies on a daily basis. It also is the part of the Glenwherry Hill Regeneration Partnership (GHRP) and a site for driven grouse shooting and winter woodcock shooting and a site of the Curlews in Crisis restoration project‘.
I think it’s notable that the NIRSG resigned from the ‘partnership’ in 2020 over ‘incompatible management objectives’. The moorland management has recently shifted from walked-up grouse shooting to becoming managed for driven grouse shooting.
Dr Marc Ruddock of NIRSG is quoted:
“We know these parts of the Antrim Hills intimately having monitored birds of prey there for many years and seen various visiting golden eagles and white-tailed eagles there in the past. We are horrified and devastated at the death of these two young eagles. We sincerely hope that this is not a reflection of a renewed intolerance of birds of prey in county Antrim and within Northern Ireland. White-tailed eagles eat fish and seabirds but also other birds, rabbits and hares and more often scavenge dead animals in the countryside. They, along with other native birds of prey, are an essential component of a healthy ecosystem and for such indifference and intolerance to be displayed towardsnative eagles by somebody in this area is distressing“.
Dr Eimear Rooney of NIRSG said, “These majestic creatures are part of our ancient heritage and deserve to be revered, not poisoned and left to rot on a hillside. The suffering these birds must have felt in their final moments, and then dying side by side, it is just heart-breaking. Birds of prey are essential in balancing a healthy ecosystem and are already under pressure from loss of suitable nesting and foraging habitat. With the additional losses of birds through illegal poisoning, whether targeted at them or not, it is a massive blow to conservation efforts in Northern Ireland and on the island of Ireland.
“We have been contacted by many people outpouring their upset at the death of these eagles, and people are incensed that these pesticides, many of which are banned due to toxicity to human health, and which unbelievably remain in use illegally, causing the destruction of our native wildlife, and yet are not illegal to have in your possession”.
If you want to sign the NIRSG’s new petition calling for a ban on the possession of dangerous pesticides in Northern Ireland please click HERE.
UPDATE 3 March 2025: 50,000 people support the Northern Ireland Raptor Study Group’s petition to ban possession of dangerous, raptor-killing pesticides (here)
UPDATE 17 June 2025: 50,000-signature petition calling for ban on possession of poisons, handed in to Stormont, Northern Ireland (here)
In May this year, the Police Service of Northern Ireland (PSNI) appealed for information after the discovery of two dead white-tailed eagles found next to one another in suspicious circumstances on moorland in Ballymena, County Antrim (see here).
The corpses were sent for post mortem and toxicology results have now confirmed they were both poisoned by Bendiocarb.
The two poisoned white-tailed eagles. Photo: Northern Ireland Raptor Study Group
The PSNI has issued the following statement this afternoon:
POLICE INVESTIGATE POISONING OF TWO WHITE-TAILED EAGLES
Police are appealing for information from the public, after the confirmed poisoning of two white-tailed eagles.
Police investigating the circumstances following the discovery of two dead white-tailed eagles, in the Glenhead Road area of Ballymena on Monday, 15th May, can confirm the birds were subsequently poisoned.
Following a post-mortem examination, both birds tested positive for the insecticide bendiocarb.
How the birds came into contact with the insecticide remains part of an ongoing investigation, and the Police Service of Northern Ireland is committed to working with partners and members of the public to determine how the birds consumed the toxic insecticide.
Rural and Wildlife Crime Superintendent Johnston McDowell said: “Sadly, police can confirm the two majestic birds found on land in the Glenhead Road area were poisoned, following a post-mortem examination.
“The test results suggest that an individual not only has access to the insecticide bendiocarb but has placed this into the outside environment illegally, so that wild birds have been able to consume it.
“Bendiocarb is present in the trade product Ficam D, a powder which is only permitted for indoor use to control crawling insects such as wasps and ants, so using this active ingredient in fields would be a breach of Biocidal Products Regulation (BPR).
“The illegal killing of these beautiful birds in a popular rural area is disgraceful, and for any individual to think that they can ignore the law and lay poisonous bait which has led to the killing of these birds, is unacceptable and will not be tolerated.
“Officers with support from the National Wildlife Crime Unit, have been on the ground conducting house-to-house enquiries, engaging with local residents and landowners, in the areas of where the birds were gravitating towards, before they were found deceased.
“The Police Service of Northern Ireland will continue to work with our partners to tackle this criminal activity, investigate any reports made to us and prosecute offenders. In this case we have liaised with our partners in the Partnership for Action Against Wildlife Crime (PAWNI) Agri-Food and Biosciences, Royal Society for the Protection of Birds, NI Raptor Study Group, Health and Safety Executive for Northern Ireland, Northern Ireland Environment Agency and received additional support from the National Wildlife Crime Unit. Police have a strong multi-agency support group which we are very grateful for, but we need the help of the public too.
“There must be people in the community who are aware of individuals committing these offences, and who can come forward and assist police with any information they have.
“If you notice any suspicious activity in rural areas, notice a dead or injured bird of prey, please call police on 101, or alternatively you can make a report via Crimestoppers anonymously on 0800 555 111 or online at http://crimestoppers-uk.org. Alternatively, you can submit a report online using the non-emergency reporting form via http://www.psni.police.uk/makeareport/.
“We are also very grateful to our partners in the charity Royal Society for Protection of Birds (RSPB) who are offering a reward of £5000 for information leading to the prosecution of those involved in the poisoning of the two white-tailed eagles. The charity is completely independent from the police and can be contacted on their confidential Raptor Crime Hotline on 0300 999 0101 or online at crime@rspb.org.uk.”
ENDS
I’ll have more to say about this case, not least to discuss the location where the poisoned eagles were found – the only moor that’s managed for driven grouse shooting in Northern Ireland.
More soon…
UPDATES:
Press release from Northern Ireland Raptor Study Group (here)
Poisoned eagles found on grouse moor in Northern Ireland: New petition calls for ban on the possession of dangerous pesticides (here)
UPDATE 3 March 2025: 50,000 people support the Northern Ireland Raptor Study Group’s petition to ban possession of dangerous, raptor-killing pesticides (here)
UPDATE 17 June 2025: 50,000-signature petition calling for ban on possession of poisons, handed in to Stormont, Northern Ireland (here)
Yesterday, gamekeeper Francis Addison was convicted for multiple offences linked to the discovery of five shot goshawks that were found in a public carpark next to King’s Forest near Thetford in January this year (see here).
The five shot goshawks. Photo: Suffolk Police
Addison lives in the village of Weeting in Norfolk.
Weeting also just happens to be where another gamekeeper, Matthew Stroud, was convicted in October 2022 for multiple wildlife crimes on land he managed for pheasant shooting at Fengate Farm, including the killing of six buzzards and a goshawk and the laying of poisoned baits (see here and here).
Weeting is a small village. There are a few farms there, according to Google maps, some or all of which could be hosting pheasant shooting, but I was curious about whether Addison and Stroud were associated with the same pheasant shoot at Fengate Farm.
So I asked Suffolk Police this morning:
Interesting.
Fengate Farm is owned by Richard Norman Parrott, who also happens to be a director of Weeting Steam Engine Rally Ltd, according to Companies House (here).
The Weeting Steam Rally and Country Show is scheduled to take place at Fengate Farm on 14-16th July 2023 – see the rally website here – where overnight camping is offered (here) and the rally is described on the website as follows:
‘A fun family day out filled with nostalgia of steam. We have plenty for all the family to enjoy, from the large range of steam engines to the fairground, gundogs to chainsaw carving, there’s something for everyone, whatever your age – across our 170 acre site! Our large trade area has a vast array of stalls, we also have a craft tent and a food hall, along with many other things to see and do‘.
Now, I’m not suggesting for one minute that Mr Parrott had any involvement with, or knowledge of, the criminality associated with the Fengate Farm pheasant shoot. For all I know, he leases out the land used for the shoot and has nothing to do with it (it’s worth noting that criminal gamekeeper Stroud was described as ‘self-employed’ and criminal gamekeeper Addison has been described as being ‘part-time’ and ‘retired’ – there is no indication that either were employed by Mr Parrott).
But given the discovery of poisoned baits and poisoned birds of prey, shot birds of prey, unsecured poisons, the illegal use of animal traps, and the unlawful use and storage of shotguns associated with this pheasant shoot, I’d suggest that visitors to the steam rally and country show might want to consider the risks to their health and safety and that of their children and dogs.
RED KITE SHOT AND POISONED IN DURHAM RAPTOR CRIME SPOT
The protected bird of prey was found dead, hanging in a tree near Stanhope Burn, in the North Pennines Area of Outstanding Natural Beauty
The Weardale area has become a hotspot for raptor persecution
Police and partners want members of the public to report dead birds of prey and generate more information on raptor persecution in the area
A Red Kite found dead in Stanhope has been confirmed as having been both shot and poisoned, once again highlighting the area’s serious problem with bird of prey persecution.
The protected bird of prey was discovered hanging in a tree by a member of the public in October 2022. The bird’s body was x-rayed and found to contain pieces of shot revealing that the bird had been shot at some point in its life. But when the bird was sent for official toxicology examination, the body was found to contain the highly toxic pesticides carbofuran and bendiocarb – which were confirmed by testing to be the cause of death. Both these substances are frequently seen in bird of prey poisoning cases despite being banned for legal use in the UK for many years.
Illegally shot & poisoned red kite hanging in a tree near Stanhope in the North Pennines AONB, October 2022. Photo: RSPB
Investigator collecting the shot & poisoned red kite near Stanhope, Oct 2022. Photo: RSPB
Red Kites are graceful birds with long wings and a distinctive forked tail. Forty years ago their numbers were limited to a small population in Wales due to illegal persecution, until successful reintroduction programmes in the 1980s and 90s brought them back from the brink. However persecution remains a threat, even today. Like all birds of prey, they are legally protected in the UK, punishable by jail and/or an unlimited fine.
Last month (May 23), police and partners carried out searches of land and buildings the area, in connection with the incident.
Red star indicates approximate location of latest crime in the North Pennines AONB
Stanhope Burn, to the NW of Stanhope, is next to moorland managed for driven grouse shooting
This is the latest of a series of crimes involving birds of prey being illegally killed in this part of the North Pennines Area of Outstanding Natural Beauty (AONB).
In 2020, two GPS satellite-tagged Red Kites disappeared in the Edmundbyers area in suspicious circumstances [Ed: see here]. Both tags – fitted as part of a species monitoring scheme by Friends of Red Kites, who monitor the red kite population in North-east England – had been transmitting as expected until they suddenly stopped. Neither bird, nor their usually very reliable tags, have been seen since.
In 2021, a Red Kite was found poisoned by carbofuran and bendiocarb, also in the Edmundbyers area.
The following year, police together with partner agencies conducted a raid on nearby grouse moor estates in Durham and Northumberland, following previous incidents and intelligence related to bird of prey killing in the area [Ed: see here].
And in March 2023, a Red Kite was found shot, but still alive, on a grouse moor in Edmundbyers [Ed: see here]. Luckily, after care by local vets and a specialist rehabilitator, the bird recovered and was released back into the wild [Ed: see here].
The RSPB’s Birdcrime report, published last autumn, revealed that over two-thirds (71%) of all confirmed raptor persecution incidents in 2021 related to land managed for gamebird shooting. And since 1990, 67% of those convicted of these crimes have been gamekeepers.
Data from RSPB’s Birdcrime Report (2021)
Mark Thomas, RSPB Head of Investigations, said: “We are concerned about a spate of concentrated raptor crimes which is rendering the Weardale grouse moors a hotspot for the illegal killing of birds of prey. As such, we are concentrating our efforts of detection on this area, in the hope of catching anyone targeting protected birds such as Red Kites, which should be breeding successfully in this area. But we critically need the public to be our eyes and ears and report potential crimes to ourselves and the police.
“The fact that bird of prey persecution continues against the public interest makes it clear that additional regulation for grouse moors is necessary. We believe all grouse moors and their owners or sporting tenants must be licensed, as is happening in Scotland, to provide a meaningful deterrent to the illegal killing birds of prey. Ultimately this could mean the loss the licence to shoot grouse, if the Police are satisfied that wildlife crimes against raptors are occurring on a particular landholding. Law-abiding estates should have nothing to fear from this approach”.
PC David Williamson of Durham Constabulary said: “The illegal killing of birds of prey unfortunately is continuing in our rural areas. It is unacceptable that anyone should think they can ignore the law and kill these birds by poisoning, shooting, trapping or nest destruction and disturbance. I am sure that people in our community will know who is committing these offences and I would urge anyone with any information to report this. Durham Constabulary will continue to work with our partners to tackle this criminal activity, investigate any reports and prosecute offenders”.
If you notice a dead or injured bird of prey in suspicious circumstances, call the police on 101 and fill in the RSPB’s online reporting form HERE.
If you have information about anyone killing birds of prey which you wish to report anonymously, call the RSPB’s confidential Raptor Crime Hotline on 0300 999 0101.
The Scottish Government has finally published its response to the recommendations made in its commissioned review of increasing investigatory powers for the Scottish SPCA to help tackle wildlife crime, including raptor persecution. It’s good news!
Here’s the Government statement:
Scottish Government Response to Taskforce Report on SSPCA Powers
In response to the independent Scottish Society for the Prevention of Cruelty to Animals (SSPCA) Taskforce report, the Scottish Government is proposing to bring forward provisions to allow for a limited extension of the Scottish SPCA’s current powers to investigate wildlife crime.
We are grateful to the SSPCA Taskforce for conducting the review and producing their final report and we agree with the recommendation that further partnership working between the SSPCA and Police Scotland should be taken forward. Having considered the report in detail, we also propose that further limited powers for SSPCA inspectors should be provided.
Our proposal is to provide SSPCA inspectors with additional powers to search, examine and seize evidence in connection with specified wildlife crime offences under Part 1 of the Wildlife and Countryside Act 1981 and certain offences in the Wildlife Management and Muirburn (Scotland) Bill 2023. These powers would only be given to an inspector appointed under section 49(2)(a) of the Animal Health and Welfare (Scotland) Act 2006 and each inspector would be separately and individually authorised by the Scottish Government in connection with the new powers. All inspectors would be required to undertake specified training prior to being given authorisation to exercise the new powers. Authorisations could be withdrawn at the discretion of the Scottish Government.
In addition to the additional training requirements, protocols will be established between the SSPCA and Police Scotland to ensure effective partnership working and that Police Scotland have primacy over cases and offences under the Wildlife and Countryside Act 1981 and the Wildlife Management and Muirburn (Scotland) Bill 2023.
It is intended that an important limitation would be placed on the exercise of these powers, namely that the additional powers could only be exercised when an inspector is already responding to a case using their existing powers under the 2006 Act.
This has been a long-running issue and we believe that the approach we are proposing represents a balanced compromise. It will allow SSPCA inspectors who are already on the spot, investigating potential animal welfare offences under their existing powers, to seize and secure evidence of related wildlife crimes without delay and potential loss of that evidence. The proposal would not however lead to SSPCA becoming an alternative wildlife crime enforcement agency. Police Scotland would retain primacy as the enforcement body for all wildlife crime and the public should continue to report those crimes to Police Scotland.
Following further consultation with stakeholders the proposed changes will be brought forward as an amendment at Stage 2 of the Wildlife Management and Muirburn (Scotland) Bill 2023. The Bill is currently before the Parliament and we welcome more evidence on this being provided at Stage 1.
ENDS
This is a surprisingly good outcome, given where we were the last time the Government made a decision on the issue back in May 2017, when increased investigatory powers were ‘ruled out’, apparently ‘on legal advice’ (see here).
I don’t know what that ‘legal advice’ was in 2017 – my own view is that this was just a convenient excuse at the time, because the law hasn’t changed since then but now increased powers are suddenly possible? Hmm.
The proposed new powers are limited, yes, but they’re a good starting point.
Had these powers been in place previously then I dare say we might have seen a better outcome in a number of wildlife crime cases where the SSPCA were already on scene investigating alleged animal welfare offences but were not permitted to collect evidence of further wildlife crimes that were staring them in the face – e.g. the illegally-set spring traps on a grouse moor on the Invercauld Estate in the Cairngorms National Park (see here) and the carcasses of nine shot raptors found in bags in and around the grouse moors of Millden Estate in the Angus Glens (see here).
I’m not sure whether the Scottish Government is proposing yet another consultation on this issue (‘Following further consultation with stakeholders the proposed changes will be brought forward as an amendment at Stage 2 of the Wildlife Management and Muirburn (Scotland) Bill 2023‘) – surely to God we don’t need another bloody consultation – I’ve lost track of the number of consultations on this issue – we know where every organisation stands and none of them have changed their minds, or are likely to do so now. The general position is that the game shooting lobby don’t want the SSPCA to have increased investigatory powers (gosh, can’t think why) and the conservation organisations do want them to have increased powers.
Let’s see what happens between now and Stage 2 of the Wildlife and Muirburn (Scotland) Bill when the Government’s proposals will be debated. Stage 2 is expected to begin in the autumn.
For now, well done and thanks to everyone who has campaigned on this issue for the last 13 years, and thanks especially to Mark Ruskell MSP (Scottish Greens) who has championed the cause for many years.
This is not everything we wanted but nevertheless it’s a big win.
UPDATE 21.30hrs: Reaction to proposed new investigatory powers for Scottish SPCA to help tackle wildlife crime (here)
The Scottish Government has finally published its commissioned review on increasing the Scottish SPCA’s investigatory powers to enable the organisation to help tackle wildlife crime, and particularly raptor persecution.
Buzzard killed after eating poisoned rabbit bait. Photo: NIRSG
As a quick recap for new blog readers, the SSPCA’s current powers (under animal welfare legislation) limits their investigations to cases that involve a live animal in distress (including some wildlife crimes). The proposed new powers would allow them to also investigate wildlife crimes under the Wildlife & Countryside Act legislation, e.g. where the victim is already dead, and also incidents where a victim may not be present (e.g. if an illegally-set pole trap or a poisoned bait was discovered). See here for further detail.
The review taskforce, launched in July 2022 and chaired by Susan Davies FRSB, was established after 11 long years of political can-kicking on this issue by the SNP, only because the Scottish Greens insisted on its inclusion in the historic Bute House Agreement, the power-sharing policy document published by the two parties in 2021.
The 13-page published review, which was submitted to the Scottish Government in October last year, can be read/downloaded here:
I haven’t read the review in detail yet but the main recommendation is that the Scottish SPCA NOT be given increased powers due to the lack of support for this provision from Police Scotland, the Crown Office and the National Wildlife Crime Unit (NWCU).
I’ll comment on that when the Scottish Government has published its own response to the review, which it previously said (here) would be published at the same time as the review was published, but I haven’t seen the Government’s response yet.
I think it’s prudent to wait to see the Government’s response before making any comment, although I’ve previously been critical of the apparent bias in favour of game-shooting industry organisations being invited to contribute to the review (all of whom are opposed to increased powers for the SSPCA), whereas opportunities for conservation organisations were apparently limited (see here and here).
Increased powers for the SSPCA is due to be debated at Stage 2 of the Wildlife & Muirburn (Scotland) Bill in the autumn, so this is far from over.
This issue has now been running for the last 12 years – here is the timeline of this sorry saga:
February 2011: Increased powers for the SSPCA was first suggested by MSP Peter Peacock as an amendment during the Wildlife & Natural Environment (Scotland) Bill debates. The then Environment Minister Roseanna Cunningham rejected it as an amendment but suggested a public consultation was in order.
September 2011: Seven months later Elaine Murray MSP (Scottish Labour) lodged a parliamentary motion that further powers for the SSPCA should be considered.
November 2011: Elaine Murray MSP (Scottish Labour) formalised the question in a P&Q session and the next Environment Minister, Stewart Stevenson MSP, then promised that the consultation would happen ‘in the first half of 2012’.
September 2012: Nine months later and nothing had happened so I asked Paul Wheelhouse MSP, as the new Environment Minister, when the consultation would take place. The response, in October 2012, was:
“The consultation has been delayed by resource pressures but will be brought forward in the near future”.
July 2013: Ten months later and still no sign so I asked the Environment Minister (still Paul Wheelhouse) again. In August 2013, this was the response:
“We regret that resource pressures did further delay the public consultation on the extension of SSPCA powers. However, I can confirm that the consultation document will be published later this year”.
September 2013: At a meeting of the PAW Executive Group, Minister Wheelhouse said this:
“The consultation on new powers for the SSPCA will be published in October 2013“.
January 2014: In response to one of this blog’s readers who wrote to the Minister (still Paul Wheelhouse) to ask why the consultation had not yet been published:
“We very much regret that resource pressures have caused further delays to the consultation to gain views on the extension of SSPCA powers. It will be published in the near future“.
31 March 2014: Public consultation launched.
1 September 2014: Consultation closed.
26 October 2014: I published my analysis of the consultation responses here.
22 January 2015: Analysis of consultation responses published by Scottish Government. 233 responses (although 7,256 responses if online petition included – see here).
I was told a decision would come from the new Environment Minister, Dr Aileen McLeod MSP, “in due course”.
1 September 2015: One year after the consultation closed and still nothing.
25 February 2016: In response to a question posed by the Rural Affairs, Climate Change & Environment Committee, Environment Minister Dr Aileen McLeod said: “I have some further matters to clarify with the SSPCA, however I do hope to be able to report on the Scottish Government’s position on this issue shortly“.
May 2016: Dr Aileen McLeod fails to get re-elected and loses her position as Environment Minister. Roseanna Cunningham is promoted to a newly-created position of Cabinet Secretary for the Environment.
12 May 2016: Mark Ruskell MSP (Scottish Greens) submits the following Parliamentary question:
Question S5W-00030 – To ask the Scottish Government when it will announce its decision regarding extending the powers of the Scottish SPCA to tackle wildlife crime.
26 May 2016: Cabinet Secretary Roseanna Cunningham responds with this:
A decision on whether to extend the investigatory powers of the Scottish SPCA will be announced in due course.
1 September 2016: Two years after the consultation closed and still nothing.
9 January 2017: Mark Ruskell MSP (Scottish Greens) submits the following Parliamentary question:
Question S5W-05982 – To ask the Scottish Government by what date it will publish its response to the consultation on the extension of wildlife crime investigative powers for inspectors in the Scottish SPCA.
17 January 2017: Cabinet Secretary Roseanna Cunningham responds:
A decision on whether to extend the investigatory powers of the Scottish Society for the Prevention of Cruelty to Animals will be announced in the first half of 2017.
31 May 2017: Cabinet Secretary Roseanna Cunningham rejects an extension of powers for the SSPCA ‘based on legal advice’ and instead announces, as an alternative, a pilot scheme of Special Constables for the Cairngorms National Park (here). It later emerged in 2018 that this pilot scheme was also an alternative to the Government’s 2016 manifesto pledge to establish a Wildlife Crime Investigation Unit as part of Police Scotland – a pledge on which it had now reneged (see here).
November 2019: The pilot scheme of Special Constables in the Cairngorms National Park was an absolute failure as a grand total of zero wildlife crimes were recorded by the Special Constables but plenty were reported by others (see here).
June 2020: Mark Ruskell (Scottish Greens) proposed further powers for the SSPCA at Stage 2 of the Animals and Wildlife Bill. The latest Environment Minister, Mairi Gougeon persuaded him to withdraw the proposed amendment on the basis that she’d consider establishing a taskforce to convene ‘this summer’ to consider increased powers (see here).
December 2020: Mark Ruskell (Scottish Greens) submits two Parliamentary questions asking about the status of the taskforce and who is serving on it (see here).
January 2021: New Environment Minister Ben Macpherson says the taskforce has not yet been appointed but that it is “expected to be established later this year“ (see here).
September 2021: In the 2021 to 2022 Programme for Government it was announced that the ‘independent taskforce [Ed: still to be appointed] will report before the end of 2022’ (see here).
May 3 2022: In an interview with Max Wiszniewski of the REVIVE coalition for grouse moor reform, new Environment Minister Mairi McAllan said: “It’s imminent and I wish I could tell you today but we are just finalising the last few points for the membership but I’m hoping to be able to make an announcement about that in the next few weeks“ (see here).
1 July 2022: Scottish Government announces Susan Davies has been appointed to lead the taskforce review and will ‘publish a report later this year’ (see here).
27December 2022: A Scottish Government spokesperson tells Scotsman journalist the taskforce has completed its review and its findings will be published ‘within weeks’ (see here).
31 January 2023: An FoI response from the Scottish Government to this blog’s author reveals the Taskforce’s review was submitted to the Scottish Government on 22nd October 2022 and will be published ‘prior to summer 2023’.
1 February 2023: Wildlife crime: key conservation organisations ‘excluded’ from Scottish Government’s review on increasing SSPCA powers (here).
7 February 2023: Scottish Government tells journalist from The Scotsman that it will provide a response at the same time the Taskforce review on SSPCA powers is published (here).
7 March 2023: More detail provided on why key conservation organisations were excluded from Scottish Government’s review on increasing SSPCA powers (here).
21 June 2023: Scottish Government publishes its commissioned review on SSPCA powers.
UPDATE 27th June 2023: New investigatory powers for SSPCA proposed by Scottish Government (here)
Raptor Persecution UK 