Gamekeepers aren’t persecuting raptors, says SGA’s Chairman

Channel-FourHere’s a preview to tonight’s story on Channel 4 News….watch the video of SGA Chairman Alex Hogg responding to the reporter’s question about whether gamekeepers are poisoning, shooting and trapping birds of prey:

No they aren’t. We would dispute that“.

He can dispute it all he likes – the growing list of convicted gamekeepers tells a different story, and there are currently six on-going court cases to boot, including allegations of illegal trapping, poisoning, shooting and battering.

C4 News article and accompanying 3 video clips available here, including a preview of an interview with RSPB Scotland’s Head of Investigations, Ian Thomson.

Watch Channel 4 News this evening at 7pm for full story.

UPDATE 23.55hrs: Read our comments on the full report here

Raptor persecution to feature on Channel 4 News tonight

Channel-FourAs HRH Prince Charles & HRH Prince William prepare to host an international summit on tackling wildlife crime, Channel 4 News will take a closer look at crimes against wildlife in the UK, with a particular focus on the illegal persecution of golden eagles on Scottish moors managed for driven grouse shooting.

We’re expecting film footage from the Angus Glens, a notorious raptor persecution hotspot (e.g. see here) and interviews with several key players.

Channel 4 News, tonight at 7-8pm.

UPDATE 17.30hrs: Watch the preview video clips here!

UPDATE 23.55hrs: Our comments on the programme here

Environment Minister dismisses calls for more action against raptor killers

Fearnan Angus Glens Dec 2013Over recent weeks we’ve blogged about the increased calls on the Scottish Government to do more in the fight against raptor persecution.

First there were the hundreds of emails sent by the general public following the discovery of poisoned golden eagle Fearnan, found dead on an Angus grouse moor in December (see here). This was followed by a parliamentary motion condemning the illegal killing of birds of prey in Scotland (see here), closely followed with an amendment calling for sufficient resources to tackle raptor persecution and a review of game management legislation to assess whether further measures could be introduced (see here). Shortly afterwards came calls from the RSPB, the Scottish Raptor Study Group and the Scottish Ornithologists’ Club for estate licensing to be introduced (see here and here).

This was a prime opportunity for our Environment Minister, Paul Wheelhouse, to take advantage of such overwhelming public backing and really put his money where his mouth is. Instead, we got this, his generic response sent out by his aide towards the end of January:

Dear Sir or Madam,

Thank you for your recent letter to the Minister for Environment and Climate Change, Mr Paul Wheelhouse. I have been asked to respond.

Mr Wheelhouse was appalled to hear that the young golden eagle Fearnan had been illegally poisoned in Angus. This was particularly disappointing coming as it did at the end of the Year of Natural Scotland, which had seen the golden eagle voted as Scotland’s favourite of the ‘Big Five’ species in an exercise conducted by Scottish Natural Heritage. While it is entirely understandable that there is a strong public interest in knowing more about the case, the Minister hopes you will understand that as there is a live and ongoing police investigation, it would be inappropriate for Scottish Ministers to comment further.

Clearly this has focused the attention of all who care about our wildlife on raptor persecution issues more generally. In recent years we have made some progress in reducing the number of raptor poisonings – down to three in 2012, but at the time of publication the Minister made it abundantly clear there would be no room for complacency, given the risk of a change to other forms of persecution. However, while the final numbers for 2013 have not yet been published, it does appear that there was an increase in confirmed poisonings. There were also a number of illegal shooting and trapping incidents involving raptors last year.

Mr Wheelhouse believes that these crimes have only served to reinforce the need for the new measures he announced in July 2013. These new measures were:

  • Scottish Natural Heritage to restrict the use of General Licences on holdings of land where there is reason to believe that wildlife crime has taken place. The 2014 General Licenses now contain an enabling paragraph making it clear to users that SNH can act where they believe it is appropriate to do so.
  • A review of the penalties associated with wildlife crime. The aim here is to ensure that the penalties for these offences are an adequate deterrent and that they properly reflect the damage that can be caused to ecosystems. The Minister will shortly announce further detail on the nature and scope of this review.
  • To encourage the use of the full range of investigative techniques at their disposal by Police Scotland, to identify and bring to justice the criminals responsible for wildlife crimes in Scotland, a measure fully and publicly supported by the Lord Advocate. A number of meetings have taken place involving the Lord Advocate in ensuring this is delivered.

Tackling raptor persecution remains a key priority for the Scottish Government and we will monitor the impact of these new measures. We believe there is a strong legal framework in place in Scotland. The key now to defeating wildlife crime is effective and robust enforcement action and we will work hard to ensure support and encouragement for those involved in law enforcement to put an end to this blight on Scotland’s reputation. Yours sincerely,

Karen Hunter

Wildlife Crime Policy Officer

Paul-Wheelhouse-MSP So here we have a situation where the Minister actually admits that the measures are not working (he acknowledges an increase in the reported poisoning figures from 2012-2013) but claims ‘we have made some progress’. Let’s just be clear – no, we haven’t made any progress. Raptor persecution continues on land used for game-shooting, just as it has for decades, and most of the criminals are still getting away with it without any fear of being prosecuted, with just a handful of exceptions. How that can be dressed up as ‘progress’ is unfathomable.

Wheelhouse still claims that the latest measures need to be given time to take effect (see here for his comments to the BBC two weeks ago). One of the measures he’s talking about is the introduction of vicarious liability. VL was introduced from 1st January 2012 – that’s more than two years ago – and still there hasn’t been a single prosecution. A more recent measure is one he suggested last July that has just come in to effect (as of Jan 1st) – the power given to SNH to restrict the use of general licenses on land where they suspect illegal persecution has taken place. Can anyone actually see landowner-loving SNH enforcing this restriction? Time will tell – and given that we’ve already had the first reported illegal poisoning incident this year (see here) it’ll be a good test. We’re not holding our breath.

For how much longer does Wheelhouse expect us to stand by and watch as our raptors are poisoned, trapped, shot and bludgeoned to death while he’s still dicking around saying ‘we need more time, more time’? Conveniently, he hasn’t actually stipulated a time frame.

We don’t need more time at all. NOW is the time to get hold of these filthy criminals and he’d find he has the support of thousands of people if only he had the guts to do what he knows is needed.

Ironically, he also told the BBC this: “Robust and effective law enforcement is the next step in the continued efforts made here in Scotland to tackle ongoing crime“.

He knows fine well that the most effective and robust law enforcement will come by increasing the investigatory powers of the SSPCA. We’ve been waiting for three years now for the promised public consultation on this important issue – here’s the timeline:

Feb 2011: The consultation was first suggested by former MSP Peter Peacock as an amendment during the WANE Bill debates. The then Environment Minister Roseanna Cunningham rejected it as an amendment but suggested a consultation was in order.

Sept 2011: Seven months later MSP Elaine Murray lodged a parliamentary motion that further powers for the SSPCA should be considered.

Nov 2011: Elaine Murray MSP formalised the question in a P&Q session and the next Environment Minister, Stewart Stevenson, then promised that the consultation would happen in the first half of 2012.

Sept 2012: 9 months later and nothing had happened so we asked Paul Wheelhouse, 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: 10 months later and still no sign so we asked the Environment Minister 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”.

Sept 2013: At a meeting of the PAW Executive Group, Wheelhouse said this:

The consultation on new powers for the SSPCA will be published in October 2013“.

Jan 2014: In response to one of our blog readers who wrote to the Minister 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“.

Does anyone still believe that tackling raptor persecution is a Scottish Government ‘key priority’?

The SOC joins call for game-shooting regulation

soc-logoColourThe Scottish Ornithologists’ Club (SOC) has joined the voices rising against raptor persecution in Scotland. In a significant move, the President of the SOC has written to Environment Minister Paul Wheelhouse about the continuing levels of crime against raptors, despite all the ‘new measures’ designed to combat the killing, and has asked him to consider introducing further measures to regulate the game-shooting industry. Read his letter here. Why is this significant? Well, the SOC is a long-established organisation, well known and respected for its long-term bird monitoring activities and publications and for keeping its own counsel. It is not an organisation known for political campaigning on conservation policies.

The catalyst for change? The same catalyst that triggered similar recent moves by the RSPB, various MSPs, the Scottish Raptor Study Group, and hundreds of members of the public who wrote to the Minister over the Xmas period – the illegal poisoning of golden eagle Fearnan, found dead on a grouse moor in December. But not just the death of Fearnan – the SOC has recognised the other persecution incidents recorded during 2013, referring to them as ‘the catalogue of appalling wildlife crimes against birds of prey’. Indeed.

Last week we said we’d be blogging about the Minister’s response to all these calls for stronger action – that blog is coming shortly….

Environment Minister faces more calls for grouse shoot licences

SRSGWell now this is interesting.

The Scottish Raptor Study Group (SRSG) has called for the Scottish Government to introduce grouse-shooting licences. Many of us have been asking for this action for some time, but to hear it from the SRSG is quite something.

The SRSG, which has been monitoring raptor populations in Scotland since the 1980s, is typically quite a restrained yet highly respected organisation, preferring to work quietly behind the scenes rather than make bold policy statements. You know that things are pretty dire when the SRSG is calling for grouse shooting licencing.

So what’s forced their hand? Well, if you read their letter to the Environment Minister (see here, scroll down to 18th January), it seems that the illegal poisoning of golden eagle Fearnan was the catalyst, as it has been for so many of us. But there’s more to it than that…

Take a closer look at their letter. They refer to a claim made by the Scottish Gamekeepers Association last July that gamekeepers are good for golden eagle conservation. We blogged about that claim here, and you really should read it to understand the context of what the SRSG is saying.

The SGA published a map that attempted to portray the notion that golden eagles were doing ok on keepered grouse moors in the East and Central Highlands (notorious raptor black spots). What the SRSG has done is provide some much-needed context to that map.

According to the SGA, there are ‘at least 55 active golden eagle nests’ in these ‘keepered grouse areas’; the SRSG is saying that there are 52 ‘active nests’ in the area, and of those 52, only 8 are on driven grouse moors. Crucially, the SRSG also includes information about the vacant golden eagle territories in the area – information that the SGA conveniently ‘forgot’ to include. According to the SRSG, there are an additional 57 ‘non-active’ golden eagle nests in this area, and 31 of them (54%) happen to be on driven grouse moors.

Hmm. The picture doesn’t look quite so rosy now, does it?

What also impressed us about the SRSG’s letter is their well-thought-out approach to licensing. They haven’t taken the usual route of calling for a blanket ‘estate-licensing’ system. Instead, they’ve proposed a system whereby the licensing would cover individuals as well as land-holdings (estates), thus side-stepping the predictable ploys that would probably be used by the grouse-shooting industry to avoid being licensed.

The BBC has covered this news story today (see here), and it looks like the RSPB has also called on the government to consider further sanctions.

The pressure is mounting.

Naturally, the SGA and Scottish Land & Estates (SLE) have responded against the proposed licensing sanctions (read the BBC article). Predictably, SLE claim that raptor persecution is in ‘significant decline’ – they are, of course, referring to 2012 figures which did show a drop in reported poisoning figures – and conveniently ignored the 2013 figures which show a 100% increase in poisoning. To be fair, the 2013 ‘official’ figures have not yet been released, but they know fine well what they show and they seem determined to ignore them for as long as possible (i.e. until they’re actually published, which will take place at some point this year).

The SGA meanwhile, suggest that there is ‘perpetual over-regulation’ (of estates) – the truth is somewhat different – game-shooting is probably one of the least regulated industries and what regulation is in place is rarely enforced.

Environment Minister Paul Wheelhouse has responded to the SRSG’s letter and while he hasn’t ruled out licensing, he still seems to be clinging on to previous measures and wanting to give them time to take effect.

We’ll be blogging next week about Mr Wheelhouse’s response to the SRSG’s letter and his response to all those emails he received over Xmas about the death of golden eagle Fearnan. It won’t make for comfortable reading.

Dead bird & suspected poisoned bait found South Lanarkshire

police scotlandThe BBC is reporting the discovery of a dead bird (species unknown) this morning, found near to a suspected poisoned bait on what has been described as “open ground” in the Carmichael area of South Lanarkshire.

The bait (and presumably the carcass of the dead bird?) has been sent for forensic analysis.

The police are warning the public about the potential dangers of finding animal/bird carcasses and are urging people to report anything suspicious.

This is impressive stuff from Police Scotland – discovery made this morning, press release out by the afternoon. Long may this new approach continue.

BBC article here

It looks like the wildlife poisoners have started the year as they mean to go on….we couldn’t even get through January! This incident will simply add more pressure on an already beleaguered Environment Minister…how many more incidents does he need to see before he takes strong and decisive action?

MSP wants review of legislation concerning game management

Claire Baker MSPTen days ago we blogged about a new parliamentary motion (see here) that had been lodged by MSP James Dornan, concerning the illegal poisoning of golden eagle Fearnan, found dead on an Angus grouse moor in early December.

Yesterday, an amendment to that motion was made by MSP Claire Baker, calling for sufficient police and COPFS resources to address raptor persecution.

She also called for a review of the laws that cover game management to assess whether further measures could be taken against the criminals within the game management industry.

The original motion, along with the amendment, can be viewed here.

Well done, Claire Baker MSP. Hmm, the first step on the road to estate licensing? It’s long overdue.

Talking of long overdue (although technically he has until 31st Jan so it’s not overdue, it just feels like a very long time), has anyone yet had any response from the Environment Minister regarding the illegal poisoning of golden eagle Fearnan? We understand that hundreds of people bombarded his inbox just before Xmas, and indeed over the Xmas break, following the news of Fearnan’s death (see here). We’re looking forward to hearing what he has to say…or more to the point, what he intends to do.

Fearnan Angus Glens Dec 2013

Buzzard poisonings in Northern Ireland: 1 confirmed, 3 suspected

BZNIPolice in Northern Ireland are appealing for information about the suspected poisonings of 3 buzzards in two separate incidents.

In the first incident (April 2013!) a dead buzzard was found on land at Drumdreenagh Road in the Hilltown area of Warrenpoint, County Down. We happen to know that this bird was found with a dead red kite which has since been confirmed as being poisoned with Carbofuran.

The second incident (October 2013) was also in the Hilltown area – this time two buzzards were found dead on land in the Lisnamulligan Road.

Anyone with information can contact the police in Warrenpoint on 0845-600-8000. Article in Newry Times here.

It’s more than a little concerning that the police appeal for information has only just appeared and that the cause of death has not yet been confirmed – poisoning is still only suspected at this stage. We’ve blogged before about the excessively long delays in getting toxicology results from the lab in Northern Ireland (e.g. see here) and it seems reasonable to assume from the information provided in the latest press release that this is an on-going problem. Such slow response times can only hinder the police investigations, and also the work of the conservationists trying to assess whether the buzzards were deliberately targeted or were the unintended victims of secondary poisoning.

Another dead buzzard that was found in Castledawson, Co. Londonderry in March 2013 has been confirmed as being poisoned with Carbofuran. The police put out an appeal for information about this incident in October 2013 (article here).

Parliamentary motion about poisoned golden eagle Fearnan

Fearnan Angus Glens Dec 2013The Scottish Parliament is taking note of the illegal killing of golden eagle Fearnan, who was found poisoned on an Angus grouse moor in December.

The following parliamentary motion has been lodged:

Motion S4M-08715: James Dornan, Glasgow Cathcart, Scottish National Party, Date Lodged: 07/01/2014

No Place for Wildlife Crime

That the Parliament notes the poisoning of the golden eagle named Fearnan and believes that the killing of birds of prey has no place in modern Scotland; believes that the golden eagle population is of national interest, as demonstrated by a recent poll in which the species was voted the country’s favourite animal; supports efforts by Police Scotland to bring wildlife criminals to justice, and commends the Scottish Government’s commitment to end raptor persecution.

Supported by: Joan McAlpine, Stuart McMillan, Chic Brodie, Adam Ingram, Christina McKelvie, Mike MacKenzie, Bill Kidd, Patrick Harvie, Kenneth Gibson, David Torrance, Aileen McLeod, Colin Keir, John WilsonR, Roderick Campbell, Nigel Don, Dennis Robertson, Liam McArthur, Colin Beattie, Fiona McLeod, John Finnie, Jean Urquhart, Rob Gibson, Richard Lyle, Christine Grahame, Graeme Dey, Maureen Watt, Kevin Stewart, Sandra White, Mark McDonald

What’s significant about this motion is not necessarily that one has been lodged – there was a similar motion lodged in 2012 by Nigel Don MSP following the discovery of the now infamous dead ‘Deeside Eagle’ (see here), with an amendment to that motion made by Claudia Beamish MSP following the shooting of a golden eagle in South Lanarkshire (see here).

James Dornan MSPThe significance of this latest motion is that it’s been lodged by an MSP that doesn’t live in the region where Fearnan was killed and isn’t especially well-known for addressing raptor persecution issues – James Dornan MSP, representing  Glasgow Cathcart. We view this as an important indication that the raptor persecution issue is being brought to the attention of people who may previously have been unaware.

Well done, James Dornan. Let’s see how many more MSPs sign up to support this motion. Has yours signed?

Subtle editing of Angus gamekeeper poison article: at whose request?

Courier originalOn Wednesday we blogged about an article that had appeared in the Courier that morning. The article was all about a retired Angus gamekeeper, Colin Gair, who claimed that gamekeepers were being put under pressure to use poison baits to protect grouse stocks. Here is what we wrote in that blog.

The Courier article seemed to cause quite a stir and was soon being cited all over social media sites like Facebook and Twitter. That’s not surprising – it’s not very often that you get a gamekeeper willing to admit that illegal practices such as poisoning are still taking place so of course, people would be interested in reading about that.

We didn’t think anything more of it until Thursday morning. After reading one of the comments left on our blog it became apparent that the original article in the Courier appeared to have been edited with some material removed and some new material added.

That’s not so unusual – many on-line news articles are edited, often adding new quotes from different sources when they become available; we even do that on our own lowly blog. However, not many news articles are edited in such a radical way as to change the original information into something completely different. Bizarrely, that is exactly what looks like has happened with the Courier article.

After some digging, we have been able to find a cached version of the original Courier article, which was published on-line at 9.07 am on Weds 8th Jan 2014. Here is the text:

Gamekeepers are being put under pressure to use illegal poison to protect grouse stocks, a retired keeper has claimed.

Colin Gair, who worked across a variety of Angus estates during a 50-year career, has hit out at the use of poisoned baits, which claimed the life of a golden eagle in Angus in November.

Fearnan’s death is the latest in a series of incidents — several other eagles and other raptors having been shot, poisoned or trapped on sporting estates.

Mr Gair, 66, claimed the situation in Angus had deteriorated in the past two years and is urging gamekeepers to speak out if they are being asked to use poison.

He said: “Grouse have to be reared naturally on the heather moors, therefore vermin must be controlled, but legally all the keeper can do is trap and shoot.

“If you are a gamekeeper who is a married man with wife and family and the very nature of the job entails living in a tied house, pressure can be applied to you.

“If you are asked by a landowner or the tenant to use poison it is not easy for a keeper to say ‘I refuse to do this’ when his house, job and future might be at risk.”

The Tayside division of Police Scotland said their inquiries into the death of Fearnan are continuing.

Fearnan Angus Glens Dec 2013Now, compare the original version of the Courier article with the edited version that appeared on-line five hours later at 2.07 pm on Weds 8th Jan 2014. Here is the text:

Gamekeepers are being urged to contact police if they are asked by landowners or tenants to use illegal poisons to protect grouse stocks.

Retired keeper Colin Gair made the plea in the wake of the death of the golden eagle Fearnan, which died after being poisoned in Angus in November.

The type of poison used has not been revealed by police, but website Raptor Persecution Scotland, which has been tracking the series of killings in Angus, claim the poison was the illegal pesticide carbofuran.

In the past five and a half years, four eagles, a red kite and seven buzzards have been shot, poisoned or trapped on sporting estates in the Angus glens.

Mr Gair said he didn’t have pressure applied to him to use poison during his career, but was aware of the practice taking place.

He claimed young keepers who are fearful of losing their job could easily be coerced into using poison by unscrupulous tenants.

“I am certain many moors do not use poison, but some do and there are areas of Angus which are regarded as raptor black holes,” he claimed.

“If you are a young keeper with a wife and kids you dare not stick your head above the parapet, but I hope that someone will come forward and report that they have been asked to use poison to police.”

Mr Gair, 66, said the agricultural poisons used would be very difficult to obtain by gamekeepers and speculated that they were more likely to be supplied by corrupt traders to one or two shoot managers before being passed down to keepers.

He added: “Who is the real criminal in the poisoning cases? Is it the keeper who knowingly uses the chemical or is it another person who deliberately buys the chemical and passes it on to keepers with instructions to use it for vermin control?

“With most of these concentrated agricultural chemicals you would just need a few drops on an animal’s carcase and it would be deadly for anything that eats it.”

Tayside Raptor Study Group expert and wildlife artist Keith Brockie has called on the Scottish Government to licence shooting estates, a move Mr Gair said he would not oppose.

However, if licensing did come in, he said there would have to be some “give and take” and that the killing of certain raptors be allowed.

He added: “If gamekeeping and shooting interests are to face a licencing system, then we should be given something in return.”

Anyone with information that could assist police inquiries regarding the death of Fearnan is asked to contact 101, or speak to any officer.

That’s quite a different story being told in the edited version. What struck us the most was the change in the opening paragraph. In the original version, Mr Gair’s claim is crystal clear:

Gamekeepers ARE BEING put under pressure to use illegal poison to protect grouse stocks“.

In the edited version, this claim has been considerably diluted to this:

Gamekeepers are being urged to contact police IF they are asked by landowners or tenants to use illegal poisons to protect grouse stocks“.

Suddenly the article has gone from ‘they are being put under pressure’ to ‘if they are being asked’.

Another  significant change is the removal of Mr Gair’s claim that ‘the situation in Angus has deteriorated in the past two years‘. That statement does not appear in the edited version.

New material in the edited version includes: a reference to this blog, Mr Gair’s claims that he was never asked to poison anything throughout his career, his claim that ‘young keepers could easily be coerced’ [into poisoning], his view that ‘many moors do not use poison’, his view on the ‘difficulty’ of obtaining poisons, the reference to Keith Brockie and Keith Brockie’s view that estate licensing should be on the cards, and Mr Gair’s view of estate licensing.

We are intrigued by the scale of the editing that took place on the original article, and we’re particularly interested in who or what might have prompted such fundamental changes to the original article. Who might not have been happy with the claims made in the original article, that gamekeepers were being pressurised by landowners to use poison to protect grouse stocks? And who might have the power and influence to instruct those editorial changes? Hmmm….

Meanwhile, the landowners’ organisation Scottish Land & Estates has written a letter to the Courier to complain about the [edited] version of the article. Here’s what they had to say:

Sir,

The article by Rob McLaren “Gamekeepers urged to report unscrupulous owners” (January 8) repeats some very dangerous assumptions.  The death of the golden eagle “Fearnan” has been subject to police investigation for over a month and there has been no indication that it resulted from the actions of a gamekeeper or that it was related to grouse moor management. Anything more than was included in the police press release of 19th December is speculation.

The gamekeeper Colin Mair [sic], whose purely personal comments are repeated in the article, admits that he “didn’t have pressure applied to him to use poison during his career” and merely speculates that others might have done. To be quite clear, landowners do not put pressure on gamekeepers to use poison or break the law, indeed any gamekeeper would have full protection of employment legislation if that should happen. In the few cases where gamekeepers have been convicted for using poison to control predators, there has been no indication that they were told by their employers to do so and particularly no evidence that poisons were supplied by shoot managers, as the article alleges.  Since 2011, the already strong laws on employer liability have been tightened further by a “vicarious liability” offence whereby a land owner, manager or employer can be held liable for wild bird offences carried out by another person even if he was not aware of them.  Any estate employing gamekeepers now has to make it doubly clear that no illegal activity can be condoned.

If anyone, including a gamekeeper, has specific evidence as to who was responsible for the death of the golden eagle, it should be reported to the police immediately.  This case needs to be resolved as soon as possible, not least to put an end to speculative comment of the kind repeated in this article.

Tim Baynes

Director, Scottish Land & Estates Moorland Group