Tag: Raeshaw Estate

General Licence restriction not worth paper it’s written on

SNH logo 2Further to yesterday’s blog about the status of the General Licence restriction on Raeshaw Estate (see here), SNH has now provided an explanation.

You’d better make sure you’re sitting down:

“Thank you for your email to Andrew Bachell. I am writing to give you an update.

SNH issued a restriction on the use of General Licences in two separate locations in November 2015. Following this, Raeshaw Farms Limited petitioned the Courts to seek a Judicial Review (JR) of our decision. The Court has yet to make a decision as to whether or not a JR will proceed but we expect a decision shortly.

As an interim measure during the petitions process the Judge suspended the restriction up until 10th June 2016. This date has now passed and the use of General Licences on this land is once more prohibited. Our website has been updated accordingly.

In response to an application from Raeshaw Farms Limited, we have granted them an individual licence to carry out some activities otherwise permitted under General Licence. This licence is subject to specific conditions and controls. This will allow the business to continue to operate but under tighter scrutiny rather than the relatively ‘light touch’ approach to Regulation that General Licences afford.

We will issue a press statement once the legal proceedings have concluded.

Yours sincerely,

Nick Halfhide, SNH Director of Operations”

END

This is unbelievable, even by SNH standards.

SNH issued a General Licence restriction order on Raeshaw Estate as a sanction for recent alleged raptor persecution crimes, on the basis of evidence provided to SNH by Police Scotland (see here and here). Even though that evidence wasn’t enough for a criminal prosecution, SNH must have been satisfied that it was sufficient to warrant this penalty, otherwise they wouldn’t have issued the GL restriction order.

Raeshaw Estate has been the subject of several police raids in connection with alleged wildlife crime since 2004, although none have resulted in a prosecution (see here).

SNH’s procedures for issuing a GL restriction are now subject to a potential judicial review but the GL restriction is now back in place on Raeshaw Estate after a temporary suspension by the court.

So why the hell has SNH now issued an individual licence to permit the very activities their GL restriction is supposed to prevent?!

What is the point of having a GL restriction in place if SNH is then going to totally undermine it by issuing an individual licence?

SNH says the individual licence is “subject to specific conditions and controls”. And what might they be? Unless you’ve got an enforcement officer shadowing the individual licence holder (wholly impractical and unrealistic), SNH is placing a huge amount of trust in the individual licence user to comply with these ‘specific conditions and controls’. That’ll be the trust that SNH deemed absent from the estate when it issued the GL restriction order.

UNBELIEVABLE. Remember this the next time the Scottish Government says it’s getting tough on wildlife crime.

Has Raeshaw Estate lost Judicial Review re: General Licence restriction?

Regular blog readers will know we’ve been interested in the General Licence restrictions imposed by SNH on two grouse shooting estates for suspected raptor persecution crimes, see here and see overview of events to date here.

In April 2016, one of those estates, Raeshaw, near Heriot in the Scottish Borders, submitted an application for a judicial review of the process SNH used to implement the General Licence restriction.

While that application was underway, SNH put a temporary suspension on Raeshaw’s General Licence restriction (meaning the estate was now entitled to carry on trapping and killing wildlife under the terms of the General Licence), and in May 2016 SNH announced on its website that the temporary suspension would be in place ‘until further notice’:

Raeshaw SNH temp restriction again 20 May 2016

We just looked at SNH’s website again, and it now appears that the temporary suspension has been lifted and the General Licence restriction on Raeshaw Estate has now been reinstated:

SNHGL14June2016 - Copy

That’s interesting. Does that mean that Raeshaw Estate lost the judicial review against SNH’s procedures? Was there even a judicial review? Perhaps Raeshaw’s application for a judicial review was denied by the court?

It’s hard to know! We can’t find any statement about this, anywhere. No SNH press release, nothing. We tried to contact SNH’s media lead on wildlife crime but she’s away on leave until 5th July.

Marvellous.

It’s important to understand what happened in this case for several reasons. The public needs to know whether Raeshaw Estate is again banned, as it appears, from using certain types of traps, because then we’ll know whether those traps, if found, should be reported to the Police. You’d think SNH, as the agency that has implemented this General Licence restriction, would want to publicise this as much as possible to help with enforcement measures. It’ll be members of the public who play a crucial role in this because the Police can’t just turn up on Raeshaw ‘to have a look’ unless they have reason to suspect a crime has been committed e.g. if a passing hill walker has reported trap use on this estate.

It’s also important to understand what happened in this case because whatever did happen has huge implications for other future General Licence restrictions which SNH may choose to impose. If the judicial review failed because the court decided SNH’s procedures were fair, then this opens the floodgates and SNH can get on with imposing other General Licence restrictions that they may have been sitting on pending the result of the judicial review. If there wasn’t a judicial review because Raeshaw Estate’s application for one was rejected by the court, are there other legal options available to Raeshaw to contest the General Licence restriction? If there are other options, what are they and what impact will they have on SNH’s ability to impose further General Licence restrictions on other estates suspected of raptor persecution?

A bit of transparency from SNH wouldn’t go amiss here.

Emails to Andrew Bachell, SNH Director of Policy: Andrew.Bachell@snh.gov.uk

Judicial review underway re: general licence restriction on Raeshaw Estate

Last month we blogged about a pending judicial review of SNH’s decision to apply a three-year General Licence restriction order on Raeshaw Estate in the Scottish Borders for alleged raptor persecution crimes (see here).

We noted that SNH had temporarily suspended the GL restriction order until the judicial review hearing on 20th May.

Last week, the judicial review began at the Court of Session:

Raeshaw Farms Ltd Judicial Review called 20 May 2016b - Copy

It was a starred motion (indicating that the motion was opposed and would require a a court appearance) that was only scheduled for 30 minutes. We’re not entirely sure about the judicial review process but we would guess, for an opposed motion, that a more substantive hearing will be required at a later date.

Meanwhile, SNH has updated its website with the following notice:

Raeshaw SNH temp restriction again 20 May 2016

Whereas the temporary GL restriction on Raeshaw Estate was previously applied until 20th May, SNH has now applied a temporary restriction ‘until further notice’, which means that the Raeshaw Estate is free to carry out trapping activities under the General Licence.

In other words, the three-year GL restriction order that was applied to Raeshaw in November 2015 as a penalty for alleged raptor persecution offences is no longer in place. It’ll be interesting to see, if Raeshaw ‘loses’ the judicial review, whether all these lost months of trapping restrictions will be added to the GL restriction to ensure the estate serves a full three-year penalty.

General Licence Restriction suspended on Raeshaw Estate while judicial review underway

Regular blog readers will recall that in November 2015, SNH served two General Licence Restriction Orders on the Raeshaw Estate and Burnfoot Estate in response to alleged raptor persecution crimes (see here). This was the first time these GL restriction orders had been used since they became available on 1st January 2014.

The alleged offences on Raeshaw Estate, a grouse moor near Heriot, Scottish Borders, related to ‘the illegal placement of traps’. The alleged offences on Burnfoot Estate, a grouse moor in Stirlingshire, related to ‘the poisoning of birds of prey and illegal use of traps’. No criminal prosecutions were brought for any of these offences.

The GL restriction orders were due to run for three years, from 13th November 2015 to 12th November 2018, and would restrict the killing of certain ‘pest’ species (e.g. crows) that are usually permitted under the General Licence.

However, the restriction orders initially only lasted for six days because the estates appealed the decision (see here).

On 3rd February 2016, SNH reinstated the restriction orders after dismissing the estates’ appeals (see here).

On 7th February 2016, both estates denied any wrongdoing and indicated that they would try for a Judicial Review of SNH’s decision (see here).

It now appears that one of these estates (Raeshaw) has successfully applied for a Judicial Review, which is set to be heard on 20th May 2016. A Judicial Review is not about whether the principle of applying a General Licence restriction order is fair or unfair per se, but is more about the process underlying SNH’s decision. Did SNH act lawfully and follow the right procedures when it made the decision to apply GL restriction orders to these two estates? That’s what the court will have to decide. Obviously, the result of the Judicial Review, whichever way it goes, will have implications for the future use of the GL restriction order.

Meanwhile, in another twist, the GL restriction order on Raeshaw Estate has once again been suspended while the Judicial Review is underway. It’s not clear to us who instigated this suspension. The Estate may have applied for a temporary suspension to enable the killing of ‘pest’ species at this crucial time of year. Or, SNH may have decided to temporarily suspend the restriction order for fear that, if the Judicial Review goes against them, they may be subject to a lawsuit by the Estate for loss of earnings.

SNH temp suspension of GL - Copy

The Burnfoot Estate does not appear to be directly involved in the Judicial Review, which makes sense because the decision from the Raeshaw judgement will be equally applicable to Burnfoot so two Judicial Reviews on the same subject would be a waste of money. So consequently, the General Licence restriction order on the Burnfoot Estate is still in place – they are not permitted to kill ‘pest’ species as they would have done under the General Licence. We know from a recent FoI that SNH has not received any applications for an individual licence that would permit individual gamekeepers to carry out ‘pest’ control on this estate.

Let’s hope the Judicial Review for Raeshaw on 20th May results in a timely decision and that we don’t have to wait for months on end for a pronouncement. We’re pretty sure that there are other potential General Licence restriction orders for other estates sitting in SNH’s ‘pending folder’ (at least there should be) but, understandably, SNH may be reluctant to begin proceedings while this Judicial Review is still underway.

More raptor persecution uncovered in the Scottish Borders

We’re still working our way through RSPB Scotland’s recently published twenty-year review (see here) and what a fascinating read it’s proving to be. We’ve already blogged about two things that caught our eye (see here and here), and now here’s the third.

On page 14 of the report, the following has been written:

“Lines 5, 6 and 7 of Table 4 describe the finding at one site, in an area intensively managed for driven grouse shooting, of a set crow trap, hidden within a small area of woodland, which was found to contain two feral pigeons indubitably being used as illegal lures to attract birds of prey. Under a tree, only a few metres away, were found the decomposed carcasses of four buzzards that had been shot, while a short distance from the crow trap a pigeon was found in a small circular cage, with four set spring traps set on the ground, hidden under moss, attached to the trap“.

Here’s a copy of Table 4, with lines 5, 6 and 7 highlighted:

Nr Heriot 2014

Also included in the report is a photograph of the pigeon inside a small cage with the four set spring traps hidden under moss:

Pigeon in trap Heriot 2014

So, according to the RSPB report, these offences were uncovered in May 2014 on a driven grouse moor in the Borders, with the location given as “nr Heriot“. Funny, we don’t remember seeing anything in the press about these crimes.

Hmm. Could these wildlife crimes be in any way related to SNH’s recent decision to serve a General Licence restriction order on parts of the Raeshaw Estate and Corsehope Estate (see here)? Both Raeshaw Estate and neighbouring Corsehope Estate can be described as being ‘nr Heriot’; indeed, the recorded property address for Raeshaw Estate is given as ‘Raeshaw House, Heriot, EH38 5YE’ (although the owner is only listed as Raeshaw Holdings Ltd., registered in the Channel Islands, natch), according to Andy Wightman’s excellent Who Owns Scotland website. And according to SNH, the General Licence restriction order on these two estates was served due to “issues about the illegal placement of traps” (see here). It’s possible that they’re connected, but it’s also possible that these crimes are unconnected with SNH’s General Licence restriction order on these two estates because Raeshaw isn’t the only grouse moor that could be described as being ‘nr Heriot’. Unfortunately, the (lack of) detail available in the public domain doesn’t allow us to be conclusive. Perhaps there’ll be some transparency once the legal arguments (see here) about the General Licence restrictions have concluded (which should happen fairly soon). Then again, perhaps there won’t.

If these crimes were not uncovered on either the Raeshaw or Corsehope Estates, we hope there’ll at least be a General Licence restriction order served on whichever grouse moor these traps were found because there’s been a clear breach of the General Licence rules – pigeons are not permitted as decoy birds in crow cage traps; set spring traps are not permitted out in the open; oh, and shooting buzzards is also illegal. There should also be a prosecution of course, but that’s highly improbable given the track record of non-prosecutions for raptor crimes uncovered in this part of the Borders.

There’s been a long history of raptor persecution “nr Heriot“, dating back to at least 2001. Here’s a list we’ve compiled of confirmed raptor persecution crimes, all listed within RSPB annual reports:

2001 May: poisoned buzzard (Carbofuran) “Heriot Dale”. No prosecution

2003 Feb: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2003 Mar: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2003 Apr: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2003 Nov: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2004 Feb: Carbofuran (possession for use) “Heriot”. No prosecution

2004 Feb: two poisoned buzzards (Carbofuran) “Heriot”. No prosecution

2004 Oct: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2005 Dec: poisoned buzzard & raven (Carbofuran) “Heriot”. No prosecution

2006 Sep: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2006 Oct: poisoned buzzard (Carbofuran) “Heriot”. No prosecution

2009 Mar: two poisoned buzzards (Carbofuran) “nr Heriot”. No prosecution

2009 Jun: poisoned red kite (Carbofuran) “nr Heriot”. No prosecution

2009 Jun: 4 x poisoned baits (2 x rabbits; 2 x pigeons) (Carbofuran) “nr Heriot”. No prosecution

2010 Nov: poisoned buzzard (Carbofuran) “nr Heriot”. No prosecution

2011 Jan: poisoned buzzard (Carbofuran) “nr Heriot” No prosecution

2013 Jun: shot + poisoned buzzard (Carbofuran) “nr Heriot”. No prosecution

2014 May: crow trap baited with two live pigeon decoys “nr Heriot”. Prosecution?

2014 May: four set spring traps beside live pigeon decoy “nr Heriot”. Prosecution?

2014 May: four shot buzzards “nr Heriot” Prosecution?

Not included in an RSPB annual report (because it happened this year): 2015 Jul: shot buzzard “found by side of road between Heriot and Innerleithen” according to media reports (see here). Prosecution?

Interestingly, also not included in the RSPB’s annual reports but reported by the Southern Reporter (here) and the Guardian (here), a police raid on Raeshaw Estate in 2004 uncovered nine dead birds of prey, including five barn owls, two buzzards, a kestrel and a tawny owl, described as being “poisoned or shot“. In addition, “a number of illegal poisons were discovered but no-one was ever prosecuted“. According to both these articles, during a further police raid on Raeshaw in 2009 ‘three injured hunting dogs were seized by the SSPCA on suspicion of involvement with badger baiting’. We don’t know whether that resulted in a prosecution.

Also not included in the above list is the sudden ‘disappearance’ of a young satellite-tagged hen harrier in October 2011. This bird had fledged from Langholm and it’s last known signal came from Raeshaw Estate. A search failed to find the body or the tag.

Fascinating stuff.

Skibo Estate results

Dean Barr, a gamekeeper (and reported elsewhere as being the sporting manager) on the Skibo Castle Estate, has been convicted of having enough illegal poison “to wipe out the entire Scottish golden eagle and red kite populations several times over”. Barr, 44, of East Lodge, Clashmore, Dornoch, admitted possessing 10kg of the banned pesticide Carbofuran. He admitted carrying the poison from his previous job as head gamekeeper on the Raeshaw Estate to Skibo Castle Estate in 2008, because he had ‘not known how to safely dispose of it’.

The Carbofuran haul was discovered in a locked store on the Skibo Castle Estate, for which Barr had the keys. According to the Northern Times and Northern Constabulary, the poison was discovered within premises operated and solely accessed by Barr on Skibo Estate land.

Today he was fined £3,300 “to mark the court’s disapproval”. This was apparently reduced from a £5,000 fine for his early plea.

Despite this conviction, the Crown accepted he had ‘no part’ in the deaths of two poisoned golden eagles and a sparrowhawk (killed with Carbofuran) found on the estate in May 2010 (along with a dead buzzard and a third poisoned golden eagle killed by Aldicarb).

Barr’s defence lawyer said Barr was well regarded personally and professionally by his current and previous employers. “If it was thought that he was involved in the use of this material, they would not be so supportive”.

This is not the last we will write on this case.

The Scotsman news story

BBC news story

STV news story

Skibo Gamekeeper Blames RSPB for “Stuff” Turning Up.

The Daily Record newspaper 21st June 2010, carries the report that Dean Barr, a gamekeeper at Skibo estate, is being investigated after the discovery of  3 dead golden eagles, a dead buzzard and a dead sparrowhawk on the estate.

The report claims that Barr, 43, a Northern Irishman was also investigated after a similar incident at his previous employers, the Raeshaw Estate near Edinburgh, where 9 birds of prey were found poisoned or shot. He denies any involvement in the alleged killing of the birds at Skibo. Speaking from his home on the estate he said,  “I would say it is our friends at the RSPB. There has been a few incidents before where stuff has turned up. They are doing it for publicity. The more publicity they get, the more money they get.”

Full story: http://www.dailyrecord.co.uk/news/scottish-news/2010/06/21/gamekeeper-at-skibo-estate-probed-after-three-golden-eagles-are-found-dead-86908-22348349/

Poisoned bait found on Raeshaw Estate, nr Peebles

Red kites, like buzzards, are easy targets for poisoners as their diet includes lots of carrion.

According to an article in The Guardian, poisoned bait was found on the Raeshaw Estate in the Moorfoot hills, near Peebles, in June 2009, during a police raid. The raid followed the discovery of a poisoned red kite on neighbouring land. Several injured dogs were found during the raid and were removed by the SSPCA, who suspected they had been used for badger baiting. Further information can be found here: http://www.guardian.co.uk/environment/2009/jun/15/police-raid-red-kite

In 2004, the bodies of nine raptors (5 barn owls, 2 buzzards, 1 kestrel & 1 tawny owl) were found dead on Raeshaw Estate (see here). Nobody was ever prosecuted.