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)

“The shooting industry is laughing in the face of the legislation it will be fighting tooth & nail to oppose” – opinion piece by Max Wiszniewski

There’s a good opinion piece in the Press & Journal today by Max Wiszniewski, Campaign Manager for REVIVE, the coalition for grouse moor reform.

It’s reproduced below:

The systematic, illegal persecution of birds of prey has been a blight in Scotland’s countryside now for decades, so much so that it was described by former first minister, Donald Dewar, as a “national disgrace”.

So, the recent publication of the Wildlife Management and Muirburn (Scotland) Bill, with the primary purpose of tackling wildlife crime, is something to be welcomed.

Yet, on the same day that our new first minister was sworn into office, news broke that another bird of prey – this time a red kite – had been found dead on a grouse moor [Ed: see here]. The shooting industry is laughing in the face of the legislation it will be fighting tooth and nail to oppose.

The new bill proposes to licence the shooting of grouse. If the terms of that licence are broken – such as a licence holder indulging in wildlife crime – then it can be removed.

So far, it seems sensible. But, beyond the illegal destruction of our protected species, hundreds of thousands of foxes, stoats, weasels, crows and so-called “non-target species” like hedgehogs are killed on grouse estates every year, so more grouse can be shot for sport.

Will this unsustainable practice be addressed by the new bill? The answer is: somewhat.

All legal traps will require a “licence”, serial numbers and, presumably, regular checking. Scottish Government oversight of the monitoring of the many thousands of traps on grouse moors to ensure legality will be no easy feat, and it would be expensive to do effectively. Should we be jumping through hoops just so a few people can shoot more grouse for sport?

Bill is an important intervention that should go further

Some big changes in muirburn could be brought about, though. On grouse moors, burning heather shapes the landscape to make it more suitable for grouse – so more of them can be shot.

About 40% of muirburn for grouse has taken place on deep peat, which is an internationally important carbon sequestration resource. Much of it lies in a degraded state on grouse moors, and continued burning is stopping it from regenerating and from rewetting and, therefore, actually emits carbon.

The Wildlife Management and Muirburn Bill proposes an effective ban on peatland burning but, once again, effective monitoring of huge land areas will be difficult and expensive.

Muirburn may still continue under licence in areas with no deep-peat, but should we be dishing out licences when the purpose is increasing grouse numbers for sport shooting? Scotland shouldn’t be pandering to the needs of this cruel, unsustainable and intensively managed industry.

By creating a circle of destruction around huge areas of our land, biodiversity and more diverse economic opportunities are missed for Scottish people and communities.

Overall, this bill as it stands is an important intervention. With a bit more courage to take on large estates and landed interests, it could become the very intervention Scotland’s people, wildlife and environment desperately need.

ENDS