Tag: scottish parliament

We were wrong – 2,314 hen harriers not missing from Scotland….

….the latest total has now increased up to 2,602 missing hen harriers in Scotland, according to the latest research!

You may recall (see blog posts 23 Jan & 19 Feb) that in the recently published Hen Harrier Framework Report, the potential hen harrier population in Scotland was estimated to be within the range of 1,505 – 1,790 breeding pairs (3,010 – 3,580 individuals). Also included in the Framework report were the results of the 2004 National Hen Harrier Survey, which found that only 633 pairs were present in Scotland – a shortfall of up to 2,314 birds. The Framework report was heavily criticised by various grouse-shooting interest groups (yawn), who were particularly upset that the Framework report had relied upon the results of the 2004 survey and not on a more up-to-date survey. Be careful what you wish for – the results of the 2010 National Hen Harrier Survey have just been analysed and guess what? The population was even lower in 2010 than it was in 2004. No surprise there then.

According to the 2010 Survey, the Scottish population has declined by another 22.7% in the space of six short years, and is now a pathetic 489 breeding pairs – this means that between 1,016 – 1,301 pairs (2,032 – 2,602 individuals) are now missing.

As today sees the final stage of the WANE Bill debate in the Scottish Parliament, you’d better hope that your MSPs recognise the cause (grouse-shooting) and effect (a continually declining hen harrier population) of this disgraceful situation and vote to accept the proposed new measures to bring to justice those who continue to illegally decimate our natural heritage. We will report on the outcome of the votes in due course.

Article on the 2010 National Hen Harrier Survey here: http://www.scottishraptorgroups.org/news.php

BBC news story here: http://www.bbc.co.uk/news/uk-scotland-12617877

Sporting estates with persistent record of raptor poisoning could face loss of shooting rights

The Daily Telegraph reports that MSP Peter Peacock is preparing to submit a new ammendment to the WANE Bill that will allow the Scottish government to issue ‘yellow cards’ to sporting estates that persistently poison birds of prey.

The issue of estate licensing has featured widely in the drafting of the forthcoming WANE Bill, but has so far been met with resistance from Environment Minister, Roseanna Cunningham. The new ammendment differs in that it will not automatically apply to ALL estates – instead, it suggests that it will be applicable only to those estates that persistently engage in the criminal activity of raptor poisoning.

Mr Peacock said he is changing the wording of his proposal to ensure there is an earlier right of appeal and stressed that action could not be taken on the basis of a single incident.

“Where there’s a recurrent problem, this would give ministers powers to intervene,” the Highlands and Islands MSP said.

“If the estate owner says ‘we share your concerns and this is what we propose to do about it’, it may go no further.

“If not, then ministers can say there’s reasonable case for intervention here and ask the estate to formally respond with an action plan. If this is not sorted, then the ultimate sanction can be imposed.”

He confirmed this would be a “restriction order”, the suspension of shooting rights for however long its takes for the estate to show its record has improved.

Asked what would be required for this procedure to be initiated, Mr Peacock listed a range of supporting evidence such as the carcases of dead birds, the presence of illegal poisons and local raptor populations being significantly lower than projected.

A spokesman for the Scottish Estates Business Group said: “We are very concerned by the indiscriminate approach being taken.”

He seems to be missing the point. The new ammendment would not be indiscriminate (unlike the original ammendment where ALL sporting estates would be licensed) – instead, it would only target those estates that refuse to abide by the laws of the land. Sounds like a promising compromise to me.

Daily Telegraph article: http://www.telegraph.co.uk/news/newstopics/politics/scotland/8285873/Sporting-estate-yellow-cards-for-bird-poisoning.html

Silence over hen harrier carnage – now updated

One week on from the publication of the Hen Harrier Conservation Framework, leaked by investigative journalist Rob Edwards on 16 January 2011, here are the published responses from the shooting lobby and from those with a statutory duty to protect this species of high conservation concern:

Scottish Gamekeeper’s Association – silence

Scottish Rural Properties & Business Association (SRPBA) – silence

Scottish Estates Business Group (SEBG) – silence

Scotland’s Moorland Forum – silence

Game and Wildlife Conservation Trust (GWCT) – silence

Scottish Natural Heritage (SNH) – silence

Partnership Against Wildlife Crime Scotland (PAWS) – silence

National Wildlife Crime Unit (NWCU) – silence

Interesting. Perhaps they’re all hoping that if they keep quiet, everyone will forget about the damning evidence presented in the report? It is, after all, only the 5th scientific study published since 1997 to demonstrate the indisputable link between hen harrier persecution and heather moorland that’s managed for red grouse shooting. Here’s a quick summary for anyone who missed the latest scientific facts:

  • The potential national Hen Harrier population for Scotland is estimated to be within the range 1505 – 1790 pairs.
  • The most recent national survey of Hen Harriers in Scotland (2004) was estimated to include 633 pairs.
  • This means that 872 – 1,157 harrier pairs (1,744 – 2,314 individuals) are missing.
  • The areas from where these birds are missing are areas managed as grouse moors.
  • Illegal persecution of hen harriers is particularly prevalent in five areas, where the majority of breeding attempts fail. These five areas are: Central Highlands, Cairngorm Massif, Northeast Glens, Western Southern Uplands and Inner Solway, and Border Hills.
  • At a national scale, the hen harrier in Scotland is not in favourable conservation status, largely due to illegal persecution. Ditto the English hen harrier population.

So, up to 2,314 hen harriers are missing in Scotland, and no-one has anything to say about it? Think about that number. It’s not 23, it’s not even 213 – it is two thousand, three hundred and fourteen birds. This is wholesale destruction on a massive scale! Are we to believe that “just a few rogues” are responsible?

How much more scientific evidence is required before we see the effective enforcement of our wildlife legislation? How can those people who own and manage the sporting estates still be getting away with this level of illegal activity? Why is the Environment Minister still set against the licensing of sporting estates, when it is blindingly obvious that they are unable to self-regulate?

In light of the contents of the leaked report, it is to be hoped that the Scottish Government’s Rural Affairs & Environment Committee will once again push for an amendment to the WANE Bill for estate licensing. Stage 2 of the Bill was completed on Wednesday 19 January and there was no mention of the Hen Harrier Framework during that meeting, probably because the RAE Committee hadn’t had time to read the report in full. Stage 3 begins in several weeks and by that time the Committee and the Environment Minister should be fully conversant with the extent of illegal raptor persecution on Scottish grouse moors.

UPDATE: 28 January 2011. SRPBA denies extent of persecution (yawn)

The SRPBA has written a letter of response to The Sunday Herald, dated 16 January 2011. I’m not sure if it was actually published by The Herald, but here it is as a PDF – SRPBA response to killing fields article 16 Jan 2011

UPDATE: 19 February 2011. See our blog entry on 19 Feb 2011 for an update on this story.

Hen Harrier Conservation Framework – leaked!

Follow this link to journalist Rob Edward’s website, where a leaked copy of the Hen Harrier Conservation Framework report is available to download – http://www.robedwards.com/2011/01/revealed-scotlands-bird-killing-fields.html#more

Vicarious liability one step closer

Congratulations to the Scottish Parliament’s Rural Affairs & Environment Committee for its continued support of the proposed introduction of vicarious liability to the WANE Bill. Their latest deliberations took place at Holyrood on Wednesday 12 January 2011 during Stage 2 of the Bill and all bar one of the committee members were very much in support of Roseanna Cunningham’s ammendment on this issue.

No surprise to learn that the only person who opposed it was John Scott MSP, who tried to suggest that the issue had been sprung on landowners out of the blue and that the neccesary consultation was inadequate. Roseanna Cunningham bit back with some welcome feistiness and told him his suggestions were nonsense – she had warned over a year ago that unless raptor persecution levels showed a significant drop, then vicarious liability was going to be “inevitable”. She had wanted to give the shooting industry an opportunity to get their house in order on a voluntary basis but after the appalling incidents at Skibo Estate, Moy Estate, and others throughout 2010, it was blatantly obvious that the industry was incapable of self-regulation and thus further legislation was neccessary. The rest of the RAE Committee agreed with her and John Scott MSP was out-voted 7 – 1 for the ammendment to continue to Stage 3.

John Scott also used the Stage 2 meeting to try and bring an ammendment that would allow more flexibility for the issue of licences to kill protected species (presumably starting with buzzards) under the European Birds Directive. That was also given short shrift by the Environment Minister who told him that the flexibility offered by the Directive was inapplicable to sport shooting.

There was no mention of the Hen Harrier Conservation Framework during the 3 hour meeting – presumably because most of the Committee have not yet been given the opportunity to read it. Hopefully it will be available to them before the concluding Stage 2 meeting at the end of January.

Wednesday’s meeting can be viewed on Holyrood TV: http://www.holyrood.tv/library.asp?iPid=3&section=102&title=Rural+Affairs+and+Environment+Committee

Hen harriers and gamekeepers – ‘damning evidence’ soon to be published

Following the blog posts of December 18th and 24th 2010 about the delayed publication of the long-awaited Hen Harrier Conservation Framework report, one of our readers emailed the Environment Minister, Roseanna Cunningham. Thank you Mike Price for sending us the government’s response:

Thank you for your email of December 24th, to Roseanna Cunningham MSP, Minister for Environment and Climate Change, regarding the Conservation Framework for Hen Harriers. I have been asked to respond on behalf of the Scottish Government.

We are aware of the report and of the delays that it has experienced on its way to publication. Although my understanding is that SNH have arranged meetings with stakeholders to go through their scientific concerns, I appreciate that this is frustrating for those who have an interest in raptors in Scotland and are waiting for the report’s conclusions to be made public.

We have been assured by SNH that the report will be published before the Parliament has completed consideration of the Wildlife and Natural Environment (Scotland) Bill and will be made available to the Rural Affairs and Environment Committee. While I can’t comment on the content of a report that is yet to be published, I assure you that the Minister and her officials look forward to reading its conclusions with great interest.

Kind regards

—

Catherine Murdoch

Natural Resources Division

Rural and Environment Directorate

The Scottish Government

Phone: 0131-244 7140

Mail: 1-D North, Victoria Quay, Edinburgh EH6 6QQ

For information on wildlife crime and PAW Scotland, please visit http://www.PAW.Scotland.gov.uk

Meanwhile back in Gamekeeper World, the SGA has announced it is conducting a national wildlife survey on sporting estates, focusing on birds. SGA Chairman Alex Hogg says on his blog: “We know from extensive scientific studies that land which is managed by gamekeepers has some of the most prolific wildlife in the country“. Hmm, we also know from extensive scientific studies that land which is managed by gamekeepers is where raptors are persistently and illegally persecuted. The forthcoming Hen Harrier Framework report provides very clear evidence that the land where hen harriers are absent (despite it being apparently suitable breeding habitat) also just happens to be land that is managed as grouse moors. What an amazing coincidence! In fact, isn’t that also what the Golden Eagle Conservation Framework reported in 2008? Yes, I think it is. A cynic may conclude that the SGA’s national wildlife survey is simply their latest public relations offensive in an attempt to bury the devastating evidence of hen harrier persecution on Scottish sporting estates that will shortly be published for all to read. And yes, we have read the report – and it most certainly does contain damning evidence. We’ve considered posting it on this site but we will wait and hope that SNH keeps its promise and publishes the report sometime this month.

Alex goes on to encourage SGA members to participate in the forthcoming bird survey, and tells them that the survey form will only take “a short time” to fill in. Is that because most of the native birds have been illegally poisoned, or shot, or clubbed to death after being caught in a trap….?

Alex Hogg Blog here: http://www.scottishgamekeepers.co.uk/content/gamekeepers-conduct-national-wildlife-survey

MSP asks questions about delayed Hen Harrier Framework report

A switched-on MSP has recognised the importance of the Hen Harrier Framework report and its relevance to the current WANE Bill debates,  and has raised formal questions in the Scottish Parliament about its delayed publication.

On December 21st 2010, MSP Peter Peacock (Labour: Highlands & Islands) lodged the following two written questions:

To ask the Scottish Executive what the (a) timetable and (b) launch date is for the publication and promotion of the hen harrier conservation framework report by the Scottish Raptor Monitoring Scheme partnership;

To ask the Scottish Executive whether the contents of the hen harrier conservation framework report have been made available to the Rural Affairs and Environment Committee and, if not, whether the report will be published before the Parliament has completed consideration of the Wildlife and Natural Environment (Scotland) Bill.

http://www.scottish.parliament.uk/business/businessBulletin/bb-10/bb-12-22e.htm

Parliamentary questions can be asked by any MSP to the Scottish Government/Executive. The questions provide a means for MSPs to obtain factual and statistical information from the Scottish Government. Written questions must be answered within 10 working days (20 working days during recess). Peter Peacock’s questions are due for answer on Thursday 27 January 2011.

Peter Peacock is no stranger to the WANE Bill, as he is a member of the Rural Affairs & Environment Committee (the committee tasked to consider the finer details of the proposed Bill). He has emerged as one of the leading MSPs trying to introduce measures to ensure that those responsible for illegal raptor persecution are brought to justice for their crimes. He obviously recognises that the information contained within the Hen Harrier Framework report could have a strong influence on the outcome of these proposed measures. The report is alleged to contain “damning evidence” about hen harrier persecution in Scotland and its link to grouse moors – evidence that might just persuade MSPs that the time for strong action against these criminal activities is long overdue.

Unsurprisingly, there have been no calls of concern over the delayed publication of the Hen Harrier Framework report from groups with an interest in game shooting. Is it because they already know the extent of the “damning evidence“, and know that the release of this evidence will weaken their stance as they try to oppose measures such as vicarious liability or estate licensing? Below is a link to a news report from The Independent dating back to 2003, where Scottish Gamekeeper’s Association Chairman Alex Hogg seeks licences for gamekeepers to kill hen harriers. But not all hen harriers, of course, only those that are considered to be “problem” birds. The difficulty here is that many gamekeepers consider ALL hen harriers to be “problem” birds (because they eat red grouse and pheasants) – and they’ll kill them whether they have a licence to do so or not – as the contents of the Hen Harrier Framework report will show. Interesting also to note that in 2003 the Scottish Government introduced “tough new legislation to arrest and imprison anybody who poisons, traps or shoots birds of prey“. Nearly eight years later, how effective has that “tough new legislation” been? I’d say totally ineffective, given the pitiful sentences handed out by Sheriffs to people convicted of such crimes.

http://www.independent.co.uk/news/uk/home-news/gamekeepers-want-to-kill-birds-of-prey-598863.html

Alleged dirty tricks campaign delays publication of hen harrier persecution evidence

The Scottish Raptor Study Group claims that a dirty tricks campaign is behind the delayed publication of a new hen harrier report. The report, called “A Conservation Framework for Hen Harriers in the UK”, contains “some highly damning evidence” that illegal persecution on grouse moors is one of the main reasons behind the species’ imperiled conservation status.

The Scottish Raptor Study Group accuses game-shooting lobbyists of employing delaying tactics so that the report is not published during the critical stages of the WANE Bill. If it is published, it would provide yet further evidence (if further evidence is needed) that illegal persecution is preventing the recovery of yet another protected raptor species. This evidence could persuade MSPs to support tough new measures that have been proposed to combat wildlife crime in Scotland, such as the licensing of shooting estates. Unsurprisingly, the game-shooting lobbyists are dead set against this proposal, and other similar measures, such as the introduction of vicarious liability. By suppressing the hen harrier report, they can continue to claim that everything in the shooting industry is above board and legal.

The report was supposed to have been published by SNH almost a year ago, in January 2010. Where is the public accountability? More importantly, where is the report? Perhaps the authors should email a copy to Julian Assange – he seems to be very good at publishing information that governments and others would rather be kept hidden.

Full details of the story at the SRSG website: http://www.scottishraptorgroups.org/news.php

Raptor persecution “a part real – part imaginary crime”, says MSP

The stage 1 debate on the Wildlife and Natural Environment (Scotland) Bill took place in Holyrood yesterday. The televised debate is available here: http://www.holyrood.tv/library.asp?iPid=3&section=31&title=General+Debates

The video lasts for 2.04 hours, and the WANE bill debate begins at 30 mins and runs to the end of the video.

Perhaps the most astonishing comment was that made by John Scott MSP (who begins his short speech at 57 mins into the video), who said that the Scottish conservatives do not accept that raptor persecution is widespread, they don’t believe a case has been made for the introduction of vicarious liability, and that raptor persecution was “a part real – part imaginary crime”.

Mr Scott is a member of the Rural Affairs and Environment Committee – the group charged with leading on the WANE bill – and so presumably he has sat through hours and hours of evidence about the extent of wildlife crime in Scotland, and in particular raptor persecution. Was he asleep? Or is his mind padlocked? His eyes blinkered? His ears stuffed with lambswool? Here is his MSP profile: http://www.scottish.parliament.uk/msp/membersPages/john_scott/index.htm

Thankfully, other members of the Committee re-butted his claim during their own statements, and it seems that there is a general consensus that the on-going issue of illegal & widespread raptor persecution in Scotland should be, and will be addressed within the WANE bill, which has now moved into Stage 2 for more detailed discussions.

Environment Minister Roseanna Cunningham announced that the Government’s response to the Committee’s Stage 1 Report will be published next week.

Law to stop raptor poisoning likely to be strengthened

As many of you will know, for the past few months the Rural Affairs & Environment Committee of the Scottish Parliament has been hearing evidence on the proposed WaNE bill (Wildlife and Natural Environment (Scotland) Bill. Certain measures included in this Bill will, if accepted, help to address the on-going issue of illegal raptor persecution across Scotland.

The RAE Committee has today published its Stage 1 Report of this Bill, and they should be congratulated for their interest in, and support of, many of the suggestions made by several wildlife conservation groups to tackle raptor persecution crimes.

In a press release, Committee Convenor Maureen Watt MSP said, “We utterly condemn wildlife crime and the poisoning of iconic birds of prey such as the golden eagle and the hen harrier. The law clearly needs to be strengthened and introducing vicarious liability appears to most of us to be a step in the right direction.”

Stage 2 of the WaNE Bill is expected to take place in December.

Here is a summary of the relevant parts of the report that deal with raptor persecution:

The Committee condemns as wholly unacceptable the illegal killing of raptors which continues across Scotland. The Committee recommends that the Scottish Government instructs police forces to investigate rigorously suspected cases of raptor persecution. The Committee also recommends that the Scottish Government likewise instructs the Crown Office and Procurator Fiscals office to prosecute wildlife crime vigorously.

The Committee concludes, from all evidence taken on this issue, that detection, investigation and prosecution of this crime is not resulting in a significant reduction in cases of raptor persecution, and that this should be addressed.

The Committee welcomes the Scottish Government’s intention to bring forward an amendment at Stage 2 to introduce a vicarious liability offence in the Bill, which it considers to be a helpful step in the right direction. The Committee awaits further detail on this, which was not available before the conclusion of evidence-taking at Stage 1. The Committee recognises there could be significant challenges in securing convictions under such new provisions, but believes the strengthening of the law in this regard is a helpful addition to the range of provisions available for potential prosecution.

The Committee notes that the majority of private landowners are appalled by raptor persecution. The Committee considers that such landowners should have nothing to fear from a vicarious liability provision.

The Committee welcomes the principle of the estates initiative, a voluntary good governance scheme for private land managers currently being prepared by the SRPBA, and agrees with the Minister that the scheme should be supported and given an appropriate amount of time to become established. However, the Committee also notes that the scheme will be voluntary and will therefore lack the power to compel estates that do not wish to take part. The Committee would welcome clarification from the Minister on how she plans to support the initiative.

The Committee accepts that it would represent a challenge and a significant development of policy to introduce a fully worked up system for licensing sporting estates in the Bill at this stage. The Committee also notes that the issue would not have been subject to consultation and as a result introducing such a system would be inappropriate at this time. However, the Scottish Government may wish to consider the appropriateness of introducing an enabling power in to the Bill which would permit them to introduce a licensing scheme, only after full consultation with stakeholders and parliamentary scrutiny under the super-affirmative procedure. Should it take the power, the Scottish Government could consider formally adopting the estates initiative with appropriate modifications as a code of conduct applicable to all estates. However, any such power should only be used if the Scottish Ministers are not satisfied that the voluntary approach to good governance and any vicarious liability offence are working.

The Committee notes Sheriff Drummond’s proposal to establish a presumption of guilty intent for anyone found in possession of a regulated substance. The Committee also notes his comments on whether an employer could be proven to have knowingly caused or permitted the possession of such a substance. The Committee considers that Sheriff Drummond’s proposals, and the introduction of a vicarious liability offence, are not mutually exclusive, and invites the Scottish Government to consider the proposal.

The Committee also notes the view that there is a further gap in the armoury of potential offences, that which seeks to catch those “concerned in” the use of illegal poisons for the purpose of raptor persecution or in other activity “concerned in” the offence of bird persecution. The Committee urges the Scottish Government to consider developing further offences which cover these points to further strengthen the grounds for potential prosecution.

The Committee invites the Scottish Government to consider the merits of announcing an amnesty on illegal substances such as carbofuran.

The Committee recommends that the Scottish Government reports to Parliament annually on the number of illegal raptor killings, detailing the number of cases brought and those which were successfully prosecuted.

The full report can be read here: http://www.scottish.parliament.uk/s3/committees/rae/reports-10/rur10-08-00.htm