Reaction to proposed new investigatory powers for Scottish SPCA to help tackle wildlife crime

Further to today’s excellent news (here) that the Scottish Government has (finally!) agreed to new proposed investigatory powers for the Scottish SPCA to help tackle wildlife crime, some of the early reactions are entirely predictable.

Those who are sick to the back teeth of the raptor killers getting away with it, as they have for decades, are delighted with the news. With more expert investigators on the ground, who knows, we may even finally see a conviction for those who continue to poison, trap and shoot the iconic golden eagle, which occurs disproportionately on land managed for driven grouse shooting.

Golden eagles. Photo: Chris Packham

Here’s the reaction to today’s news from the Scottish Greens:

SCOTTISH GREENS HAIL VITAL NEW SCOTTISH SPCA POWERS TO TACKLE WILDLIFE CRIME

The announcement that the Scottish Government will legislate to give additional powers to the Scottish Society for Prevention of Cruelty to Animals (Scottish SPCA) to investigate wildlife crime has been hailed by the Scottish Greens. 

The party’s nature spokesperson, Mark Ruskell MSP, called it “a massive step forward for animal welfare.”

The powers, which will be brought forward as part of the Wildlife Management and Muirburn (Scotland) Bill, will allow the Scottish SPCA to, in certain circumstances, search, examine and seize evidence in connection with specified wildlife crime offences.

Mr Ruskell said: “This is a massive step forward for animal welfare and the protection of the birds and animals that we all love. It is a change that the Scottish Greens and wildlife campaigners have long called for.

One of the main reasons wildlife crime is so rife is because the criminals know they can get away with it. These vital new powers will make them think again.

The Scottish SPCA does a fantastic job but, at present, it is not even allowed to gather evidence to prosecute wildlife crimes, even when they know about them. These powers will give them more bite and will greatly help the police in stopping those that would harm or kill our iconic species and wildlife. With these new powers, Scottish SPCA officers can help the police to build a case and catch perpetrators“.

ENDS

Here’s the reaction from RSPB Scotland:

We warmly welcome today’s announcement by the Scottish Government to extend the powers of Scottish SPCA Inspectors to allow them to search, examine and seize evidence in connection with specified wildlife crime offences as part of an investigation.

Our Head of Investigations in Scotland, Ian Thomson, had the following to say about the announcement: “We have been campaigning for this important measure for over a decade.

Until now, Scottish SPCA inspectors could investigate cases where animals were actively suffering, for example in an illegal trap, but they could not look for evidence of further identical traps where nothing had been caught, or where a victim had already been killed.

The closing of this loophole will be commended by all who want to see more resources devoted to tackling crimes against Scotland’s wildlife”.

ENDS

And in complete contrast, here’s the hilariously hysterical reaction from Scottish Land & Estates, the grouse moor owners’ lobby group, who must surely qualify for a Spitting the Dummy trophy by now:

Decision To Enhance SSPCA Powers Runs The Risk Of Hindering Wildlife Crime Prosecutions

A decision to extend the investigatory powers available to the SSPCA goes against the advice of an independent taskforce set up by the Scottish Government to examine the issue, Scottish Land & Estates said today.

The government said today that new powers will “allow the Scottish SPCA to in certain circumstances search, examine and seize evidence in connection with specified wildlife crime offences.”

The announcement comes just six days after a report from an independent taskforce examined three possible scenarios for future SSPCA powers and concluded that enhanced partnership working for the charity – rather than new investigatory powers – was the recommended route forward.

The taskforce recognised the difficulty in reconciling new investigatory powers with the SSPCA’s campaigning against legal land management practices including snaring and glue traps.

Crucially, the taskforce said that an extension of powers would be “fraught” and noted that Police Scotland raised extensive concerns about the proposals whilst the Crown Office highlighted the standards in evidence gathering, processing and reporting required.

Ross Ewing, Director of Moorland at Scottish Land & Estates, said:

The Scottish Government, not for the first time, has appointed an expert taskforce to examine an issue and take evidence from key stakeholders – and then chosen to disregard its recommendations.

We firmly support measures to address all forms of wildlife crime. It’s vital that those investigated have full trust in the impartiality of investigators. Where any form of search, examination or seizing of evidence is required, that should be the sole remit of Police Scotland.

If additional resource is needed to tackle this priority area, Police Scotland should be provided with that resource by the Scottish Government instead of powers being granted to a charity.

As the taskforce made clear in its report, there are substantial problems in allowing a campaigning organisation to hold key powers in investigating alleged criminality. The opposition of the SSPCA to legal land management tools such as snares is well known and surely calls into question their objectivity in any investigation.

The Scottish Government also states that SSPCA Inspectors will be required to undertake specified training prior to exercising new powers – but does not assert who will pay for this training.

Ultimately, SSPCA involvement could damage the likelihood of successful prosecutions where a crime has been committed if due process is not adhered to. This is a concern which Police Scotland raised in its evidence to the taskforce but is one that has been taken no notice of by the Scottish Government.

ENDS

I’d argue that it’s reactions like this that have led to the situation that the game-shooting industry finds itself in today. Everybody knows what goes on, everybody’s sick of it, and everybody (except those who might find themselves finally held to account) wants an end to it.

Essentially, the Scottish Government has, in my view, been forced to take this step due to a combination of (a) national (and international) embarrassment at its consistent failure to deal with the raptor-killing criminals, (b) constant denial of the bleedin’ obvious by the game-shooting industry leading to a complete loss of confidence by Govt Ministers, and (c) strong public opinion and pressure.

The so-called ‘concerns’ about the SSPCA’s professionalism are laughable, given that they’re already an official specialist reporting agency to the Crown Office so know all about ‘due process’, and through their skill, experience and expertise, routinely bring some of the most sadistic wildlife-abusers to justice, including badger baiters such as this depraved Millden Estate gamekeeper last year (here).

Increasing the SSPCA’s powers to enable them to investigate crimes relating to dead wildlife in addition to wildlife that’s still alive and suffering, should be such an obvious move that it should have happened years ago. The fact it’s taken this long to achieve even a small amount of progress is very telling indeed so kudos to Cabinet Secretary Mairi Gougeon, former Environment Minister Mairi McAllan, and current Environment Minister Gillian Martin for standing up to those who still think its 1898.

New Scottish Environment Minister’s responsibilities include wildlife management & wildlife crime

Earlier this month I blogged about the appointment of Gillian Martin MSP as the new Environment Minister in the Scottish Government, alongside her current role as Energy Minister (see here).

Environment & Energy Minister Gillian Martin in action at Holyrood last week (Scottish Parliament TV)

At the time of Gillian’s appointment her specific responsibilities under the ‘Environment’ remit had not yet been published, other than to say she would be supporting the Cabinet Secretary for Rural Affairs, Land Reform and Islands (Mairi Gougeon).

The full list of Gillian’s responsibilities has now been made public, and as expected, her new portfolio covers many issues relevant to us, including wildlife management and wildlife crime:

She’s going to be busy!

Environment Minister ‘open to ideas about closing loopholes’ that currently block SSPCA investigating some wildlife crimes

Further to the publication yesterday of the Scottish Government’s commissioned review on increased investigatory powers for the Scottish SPCA (here), this issue was raised in the Scottish Parliament yesterday during Portfolio Questions.

New Environment Minister Gillian Martin responded to questions as follows:

This is a fairly positive response from the Minister but yet again, we’re left waiting for a formal Government response to the review, even though in February we were told that the Government’s response would be published at the same time as the review (i.e. yesterday).

I don’t understand why we’ve had to wait eight months for this very short review to be published (it was submitted to Government in Oct 2022) if the Government hasn’t even managed to cobble together a formal response yet. What was the delay for? And given that the issue has been tabled during the recent evidence sessions during the Stage 1 scrutiny of the Wildlife & Muirburn (Scotland) Bill, wouldn’t it have been useful to have had this review available in time for discussions?

So now we wait again….more bloody can-kicking, 12 years on. It’s tedious and unimpressive governance. Nevertheless, kudos to Mark Ruskell MSP (Scottish Greens) who has been pushing on this issue for many years now.

Third evidence session today on Wildlife & Muirburn (Scotland) Bill

As many of you know, the Scottish Parliament’s Rural Affairs & Islands Committee is currently taking evidence from stakeholders as part of the Committee’s Stage 1 scrutiny of the Wildlife & Muirburn (Scotland) Bill.

For new blog readers, this is the Bill that has been introduced by the Scottish Government in response to the recommendations made in the 2019 Werritty Review and is designed to bring in licensing for grouse moor management and introduce measures to put an end to the illegal killing of birds of prey on grouse moors.

The first evidence session took place on 31st May 2023 and the Committee heard from members of the Scottish Government Bill Team, led by senior civil servant Hugh Dignon.

The second evidence session took place on 14th June 2023 and the Committee heard from members of the Werritty Review Group as well as a range of stakeholders. It was a fascinating session and I’ve quite a lot to say about it but I don’t intend to comment until later.

You can watch the second evidence session on Scottish Parliament TV (archived video here) and you can read the transcript here:

The third evidence session (in a series of four) takes place today, starting at 9am in the Fleming Room at Holyrood. There will be two sub-sessions: the first one on grouse moor licensing and the second one on muirburn. The witnesses giving evidence in these two sub-sessions are as follows:

Grouse moor licensing:

Muirburn:

You can watch live on Scottish Parliament TV (here) or watch the video archive shortly afterwards via the same website. The official transcript will be available several days after the meeting and I’ll post it on this blog when it comes out.

The fourth and final session, scheduled for 28th June, will hear evidence from Mairi Gougeon, the Cabinet Secretary for Rural Affairs, Land Reform and Islands.

New Environment Minister appointed to Scottish Government

First Minister Humza Yousaf has appointed a new Environment Minister to join the Scottish Government.

As you may recall, following Nicola Sturgeon’s exit, Yousaf’s Cabinet reshuffle in March 2023 resulted in the position of Environment Minister being dropped, after he promoted the former Environment Minister (Mairi McAllan) to the role of Cabinet Secretary for Net Zero and Just Transition (see here).

Consequently, Mairi McAllan’s Environment portfolio then appeared to have been dumped on Mairi Gougeon’s plate, which was already full as her portfolio as Cabinet Secretary for Rural Affairs and Islands was also expanded to include Land Reform.

It looks like somebody’s finally had a word with Yousaf because today he gave the Environment portfolio to Gillian Martin MSP, who was already serving in the newly-created office of Energy Minister (although not without controversy, for very different reasons – here and here).

Gillian’s specific responsibilities as Energy and Environment Minister haven’t yet been updated on the Government website (here) but it is clear that she will play a supporting role to Cabinet Secretary Mairi Gougeon.

The Wildlife & Muirburn (Scotland) Bill, seeking to deliver grouse moor reform, will probably feature prominently in her first year in office so there’ll be a great deal of interest in Gillian’s performance in this new role.

UPDATE 26th June 2023: New Scottish Environment Minister’s responsibilities include wildlife management and wildlife crime (here).

Second evidence session tomorrow on Wildlife & Muirburn (Scotland) Bill

As many of you know, the Scottish Parliament’s Rural Affairs & Islands Committee is currently taking evidence from stakeholders as part of the Committee’s Stage 1 scrutiny of the Wildlife & Muirburn (Scotland) Bill.

For new blog readers, this is the Bill that has been introduced by the Scottish Government in response to the recommendations made in the 2019 Werritty Review and is designed to bring in licensing for grouse moor management and attempt to put an end to the illegal killing of birds of prey on grouse moors.

The first evidence session took place on 31st May 2023 and the Committee heard from members of the Scottish Government Bill Team, led by senior civil servant Hugh Dignon.

Scottish Government’s Bill Team giving evidence to the Rural Affairs & Islands Committee

It was a relatively straightforward evidence session, with no big surprises and it provided a useful insight into how legislation is drafted, if that’s your thing.

Although I’ve got to say, the quality of some of the questions from some members of the Committee revealed an exasperating level of ignorance. Whether that was feigned or genuine, I’ll leave you to decide.

For example, Committee Member Jim Fairlie MSP (SNP):

What evidence is there to justify the need for additional regulation of grouse moors? Has an on-going link been established between grouse moor management and raptor persecution?

And from Committee Member Rachael Hamilton MSP (Scottish Conservatives):

What evidence do you have to suggest that raptor persecution and grouse moors are connected?

It should be noted that both MSPs are known to support the game-shooting industry. Mr Fairlie recently sponsored a Parliamentary event for the godawful Gift of Grouse campaign group (which raised eyebrows given the timing of the event coinciding with his role on the Committee supposedly independently scrutinising the grouse moor bill – see here), so he’s probably not as ignorant of the issues as his question suggests. Rachael Hamilton was recently in hot water as it was claimed she ‘failed to declare an interest in blood sports’ whilst scrutinising the recent Hunting with Dogs Bill (see here) and she’s also attended events and meetings with gamekeepers (e.g. here) so she, too, should be very well informed on the link between grouse moor management and illegal raptor persecution. Fortunately, there are others on the Committee with different views and experience.

I’ve got to hand it to Hugh Dignon, who managed to suppress any hint of incredulity, and calmly explained the extensive available evidence linking grouse moor management to illegal raptor persecution (i.e. bloody decade’s worth of the stuff!) and said he would happily provide this material to the Committee in writing.

You can watch the first evidence session on Scottish Parliament TV (archived video here, starts at 10:59:07) and you can read the transcript here (starts on page 40):

The second evidence session (in a series of four) takes place tomorrow, starting at 9am in the Fairfax Somerville Room at Holyrood. The Committee will first hear evidence from members of the Grouse Moor Management (Werritty) Review, and then take evidence from a range of stakeholders on sections 1-3 of the Bill (glue traps), sections 4-5 (wildlife traps) and section 8 (SSPCA powers).

Here are the individuals invited to give evidence at this particular session:

That should be interesting! You can watch live on Scottish Parliament TV (here) or watch the video archive shortly afterwards via the same website. The official transcript will be available several days after the meeting and I’ll post it on this blog when it comes out.

The third session, scheduled for 21st June 2023, will hear from the RSPB and the REVIVE coalition for grouse moor reform, amongst others, about grouse moor licensing and muirburn licensing.

The fourth and final session, scheduled for 28th June, will hear evidence from Mairi Gougeon, the Cabinet Secretary for Rural Affairs, Land Reform and Islands.

Scottish Parliament urged to use new Wildlife Bill to ban snares after new footage emerges of trapped badger

Press release from REVIVE coalition partner League Against Cruel Sports (5th June 2023):

ANIMAL WELFARE CHARITY RELEASES FOOTAGE EXPOSING THE GRUESOME REALITY OF SNARING

Scottish Parliament urged to use Wildlife Management and Muirburn Bill to ban cruel traps

The League Against Cruel Sports Scotland has released footage exposing the grim reality of snaring. The footage shows a dead Badger with a snare around its abdomen just a short distance from a stink pit full of rotting animal carcasses surrounded by thin wire snares.

The snared Badger. Photo: League Against Cruel Sports

The charity says the footage highlights the urgent need for a ban on snaring under the new Wildlife Management and Muriburn (Scotland) Bill which last week began its stage 1 evidence sessions. Although perfectly legal, the footage illustrates that even when used lawfully, snares inflict severe cruelty and suffering.

The video footage was filmed just last week on moorland near Coulter, South Lanarkshire by the League’s field investigators. Commenting on what is seen in the film, Robbie Marsland, Director of the League Against Cruel Sports, Scotland said:

Although we can’t be clear of the exact circumstances surrounding this Badger’s death, what is in absolutely no doubt is that this animal suffered a slow, painful and traumatic death.

The last hours and possibly days of this creature’s life would have been spent in fear and agony as it tried to free itself from a primitive, indiscriminate trap before eventually succumbing to its injuries.

No amount of regulation will stop snares from being cruel and indiscriminate traps which is why only a ban will stop animals suffering. This footage, which shows a scenario which is perfectly legal under the existing regulations, proves that regulating snares is simply regulating cruelty.”

The Scottish Parliament’s Rural Affairs and Islands Committee is currently taking evidence on the Scottish Government’s proposed wildlife management legislation. Robbie Marsland added:

The Scottish Government’s Wildlife Management and Muirburn (Scotland) Bill is an opportunity to rid our countryside of these deadly traps once and for all. The Government has explored this issue several times in recent years but always stopped short of an outright ban. Now is the opportunity to be bold, and put animal welfare first.

The scope of the Bill has the potential to end a number of unpalatable practices which go on in our countryside to sustain sport shooting such as the use of stink pits to lure unsuspecting animals into deadly traps. This type of activity has no place in modern society and we hope as the Bill progresses and undergoes further scrutiny these opportunities won’t be missed.”

The covered ‘stink pit’ contained rotting carcasses. The stench is used to draw in mammals to the site, which is surrounded by snares. Photo: League Against Cruel Sports
The inside of the stink pit. Photo: League Against Cruel Sports

Scotland currently has the most stringent regulations on snare use, but despite this, protected species such as Badgers are regularly caught and killed by snares. Dr Elspeth Srirling from Scottish Badgers said:

Badgers are strong animals and fight to escape, resulting in severe injuries where the wire noose cuts through skin and muscle tissue and into the body cavity leaving the badger to endure prolonged agonies, pain and a lingering death. Scottish Badgers has attended several incidents in recent years where multiple snares were used year after year to trap Badgers.

Snare-users have had decades to demonstrate a willingness to do the right thing by avoiding positioning snares where Badgers are present, but they stubbornly resist. Banning their use and manufacture outright is the only option.

A recent field study of ground predator control by the League found that 57,000 killing devices are deployed each day in Scotland representing the equivalent of over 10,000,000 active trapping and snaring days per year, with nearly half of animals killed being non-target species such as Hedgehogs, Dippers and Mistle Thrush.

ENDS

Timetable announced for evidence sessions on Wildlife & Muirburn (Scotland) Bill

The Scottish Parliament’s Rural Affairs & Islands Committee has announced the timetable for hearing stakeholder evidence as part of its Stage 1 scrutiny of the Wildlife & Muirburn (Scotland) Bill.

For new blog readers, this is the Bill that has been introduced by the Scottish Government in response to the recommendations made in the 2019 Werritty Review and is designed to bring in licensing for grouse moor management and attempt to put an end to the illegal killing of birds of prey on grouse moors.

The Committee hasn’t yet publicised who has been called to give evidence (other than the Scottish Government Bill Team on 31st May, members of the Werritty review group on 14th June and the Cabinet Secretary Mairi Gougeon on 28th June) but presumably other contributors have been selected from amongst those who submitted written evidence during the Committee’s recent review period (see here).

The evidence sessions will be held in public and will be live-streamed on the Scottish Parliament’s TV channel. Recordings will be available for those unable to watch live proceedings.

The first evidence session will take place this Wednesday (Scottish Government Bill Team, which includes Hugh Dignon, Head of Wildlife Management Unit, Leia Fitzgerald, Team Leader, Wildlife Legislation Team, Norman Munro, solicitor, and Sam Turner, Team Leader, Wildlife Management Team) and you’ll be able to watch it live here. (Search for the link to the Rural Affairs Committee).

UPDATE 13th June 2023: Transcript & video from first evidence session available here

Disdainful comments on Wildlife & Muirburn Bill from Convenor of Committee responsible for Stage 1 scrutiny

Last month I wrote about how the Scottish Parliament’s Rural Affairs & Islands Committee had put out a public call for views in advance of this committee beginning its Stage 1 scrutiny of the Wildlife Management and Muirburn (Scotland) Bill – see here.

This is the draft Bill that has been introduced by the Scottish Government in response to the recommendations made in the 2019 Werritty Review and is designed to bring in licensing for grouse moor management and put an end to the illegal killing of birds of prey on grouse moors.

The Stage 1 scrutiny of the Bill is due to be completed by 6 October 2023 after the Scottish Parliament recently agreed to a motion to this effect (see here).

The Rural Affairs & Islands Committee’s call for views closed on 5th May 2023 and according to a recent article in The Scotsman (unfortunately behind a paywall), over 4,000 responses were received, which was described as ‘staggering’.

The information gleaned by The Scotsman apparently came from Finlay Carson MSP (Scottish Conservatives, Dumfries & Galloway) who also happens to be the Convenor of the Committee scrutinising the Bill. Mr Carson was reportedly speaking at a GWCT-hosted grouse symposium in Perthshire on 5th May and his words were reported by Scotsman journalist Katherine Hay as follows:

I checked the replies this morning and there has been more than 4,000 responses; 99 per cent of which have come from individuals. That is a staggering response“.

The Scotsman reports, ‘To put the figure into perspective, Mr Carson spoke about the Hunting with Dogs Bill, which made it an offence to hunt a wild animal with a dog. The Bill was passed in January and Mr Carson said drew about 2,000 replies’.

Mr Carson was then further quoted in the article:

What we have now is a draft of unproven, and, in my view, unnecessary legislation, which could have the effect of reversing traditional conservation efforts, and to curtail the ability of land managers to effectively protect Scotland’s biodiversity and support rural livelihoods. There is a misunderstanding of the contribution grouse moors make to biodiversity“.

Mr Carson is entitled to hold a view, of course, and it’s really no surprise what his view is. However, I’d question how wise it was for him, in the influential position of the Rural Affairs Committee Convenor, to express such a partial view, no matter who his audience, whilst the serious matter of Parliamentary scrutiny of the Bill is underway.

The Committee will be calling forward various organisations to give evidence before summer recess begins on 1st July 2023 and these sessions should be available to view on Scottish Parliament TV. Given Mr Carson’s early show of hands, his performance as Convenor will be closely observed by many of us.

Other members of this cross-party committee include:

Beatrice Wishart MSP, Deputy Convenor (Scottish Liberal Democrats)

Karen Adam MSP (SNP)

Alasdair Allan MSP (SNP)

Ariane Burgess (Scottish Greens)

Jim Fairlie MSP (SNP)

Christine Grahame MSP (SNP)

Rhoda Grant (Scottish Labour)

Rachael Hamilton MSP (Scottish Conservatives)

Humza Yousaf’s cabinet reshuffle leaves Scotland without an Environment Minister

At the end of March, Scotland’s new First Minister Humza Yousaf appointed a new Government Cabinet, which involved some reshuffling and the addition of some new faces.

Photo: Andrew Milligan

I’ve been waiting for the Government to announce the new responsibilities for each Cabinet Secretary and each junior Minister before I blogged about the changes. Those responsibilities have now been published on the Scottish Government’s website (here).

Bizarrely, the role of Environment Minister seems to have been dropped.

Up until Yousaf’s election in March, Mairi McAllan MSP had served as the Minister for Environment and Land Reform since 2021, and was responsible for introducing the Wildlife Management and Muirburn (Scotland) Bill in March.

Following Yousaf’s election and subsequent Cabinet reshuffle, Mairi McAllan was deservedly promoted and now serves as the Cabinet Secretary for Net Zero and Just Transition. Her new responsibilities, although aligned to her previous portfolio, are now quite different:

Cabinet Secretary McAllan will be supported by three junior Ministers:

*Minister for Transport – Kevin Stewart MSP

*Minister for Green Skills, Circular Economy & Biodiversity – Lorna Slater MSP

*Minister for Zero Carbon Buildings, Active Travel & Tenants’ Rights – Patrick Harvie MSP

The Land Reform portfolio appears to have been transferred to Mairi Gougeon. Prior to the reshuffle, Mairi Gougeon was the Cabinet Secretary for Rural Affairs and Islands. Her new title is Cabinet Secretary for Rural Affairs, Land Reform and Islands. Her new, expanded portfolio is listed as follows:

Surprisingly, she does not appear to be specifically supported by any junior Ministers, and hence the position of Environment Minister no longer exists.

What does this mean in real terms? Well that remains to be seen. The good news is that Mairi Gougeon is already highly experienced in the portfolio areas on which this blog focuses – indeed, as a former Environment Minister, it was Mairi Gougeon who announced in 2020 that the Scottish Government intended to introduce a licensing scheme for grouse shooting in response to the recommendations made in the Werritty Review (see here).

Mairi is well-versed on the issue of raptor persecution, having previously acted as the Scottish Parliament’s Species Champion for hen harriers, enthusiastically offering her support for this species by way of a parliamentary debatespeaking at Hen Harrier Day, and accompanying licensed members of the Scottish Raptor Study Group on field visits to hen harrier sites (here and here).

She is an accomplished and bright politician and I look forward to her engagement with the grouse moor licensing Bill as it progresses through Parliament.

UPDATE 13th June 2023: New Environment Minister appointed to Scottish Government (here)