A couple of weeks ago I blogged about the new National Hen Harrier Taskforce – a police-led initiative to tackle the ongoing persecution of hen harriers on driven grouse moors (see here).

The Taskforce’s proposed strategy for tackling hen harrier persecution on grouse moors is based on a new framework designed to tackle all types of Serious Organised Crime that was launched by the Home Office last year (see here). It’s based on a three-step plan of ‘Clear, Hold, Build‘.
Step one (‘Clear‘) involves police officers relentlessly pursuing organised crime members within a community (or in this case, an industry), using all available powers to ‘clear’ the offenders from specific locations.
Step two (‘Hold‘) sees officers undertake continued high visibility activity to ensure other serious organised criminals can’t move in and operate in the vacuum created by step one.
Step three (‘Build‘) relates to building local community resilience and trust, through partnership-working, to ensure that Serious Organised Crime doesn’t reoccur at that location.
When I wrote about the Taskforce a few weeks ago (here) I mentioned a similar police initiative, called Operation Artemis, that was launched to tackle hen harrier persecution on grouse moors in 2004, some twenty years ago. That initiative crashed and burned within three years because grouse moor owners refused to cooperate with the police. The new Taskforce has a more sophisticated theoretical approach and stronger enforcement support, but the basic premise is the same: establish a partnership between landowners and the police to target the hen harrier killers.
However, as we’ve come to learn, partnership-working is only successful if all partners have the same objective and there are no conflicts of interest.
In an extraordinary blog posted on the Moorland Association’s website on 8 July 2024, (the Moorland Association is the lobby group representing grouse moor owners in England), it is suggested that the police are ‘bypassing regulation’ by asking grouse moor owners to sign a letter giving permission for the police to enter land at any time and use equipment for the prevention and detection of crime. This includes the installation of cameras, proximity alarms and other equipment on and around hen harrier nest and roost sites.
The Moorland Association is advising its members not to sign any letters authorising police access without first taking legal advice because, it suggests, this is an attempt to ‘bypass regulation on surveillance’.
I don’t see any issue with the Moorland Association advising its members to seek legal advice – that’s standard due diligence – but to state that the police are ‘bypassing regulation on surveillance‘ seems to me to be incendiary.
Here is a copy of the Moorland Association’s blog, screen grabbed here because it has already been altered from its original version (more on that below).
I’m not sure who wrote the Moorland Association’s blog because there’s no name attached to it but my money would be on the author being the Moorland Association’s CEO, Andrew Gilruth. Why do I think that? Well Mr Gilruth built an impressive reputation for presenting distorted information when he worked as Director for Communications for the GWCT (e.g. see here, here and especially here) and the Moorland Association’s blog has all the familiar hallmarks.
For example, the opening paragraph of the Moorland Association’s blog goes like this:
‘Most will remember the irony of RSPB staff falling foul of the courts in order to try and catch others breaking the law – and then expressing outrage when their evidence was thrown out of court here. In short, judges felt the police could not use others to circumvent the law on covert surveillance‘.
I’m not sure of the relevance of including this statement about the RSPB’s video evidence in the context of the Moorland Association’s blog about police surveillance, other than to (a) try yet again to undermine the credibility of the RSPB and (b) contrive an image that the police have previously ‘used others’ to ‘circumvent the law on covert surveillance‘.
It is accurate for the Moorland Association to point to the court case in 2015 where the judge ruled the RSPB’s video evidence as inadmissible. As regular blog readers will know, there have been a number of court cases where the RSPB’s evidence has been ruled inadmissible (e.g. here and here) but what the Moorland Association’s blog conveniently fails to point out is that there have also been a number of cases where the RSPB’s video evidence has been accepted by the courts and has, in fact, been crucial to the conviction of criminal gamekeepers, including these recent cases in 2022 here, again in 2022 here, and in 2023 here.
Far from the police ‘using others to circumvent the law‘, the police have worked legitimately and lawfully in partnership with the RSPB many times to convict criminal gamekeepers, both with and without the use of covert surveillance.
This successful partnership really agitates many in the game-shooting industry and I’d argue that’s the reason the Moorland Association’s blog opens with that paragraph – to infer that the police have a track record of ‘circumventing the law on covert surveillance‘ and to place this thought firmly in their members’ minds before moving on to discuss why the Moorland Association believes the police’s latest tactics on the Hen Harrier Taskforce are of ‘concern‘.
The rest of the blog appears to be a distortion of what the police are asking landowners to do. It’s surely obvious that the police aren’t asking landowners for permission to undertake covert surveillance – it would hardly be ‘covert’ if they’re telling the landowner that’s what they intend to do!
Rather, what it seems the police are actually asking for is permission to visit the moor at any time (Step one of the three-step strategy) and to install equipment (including proximity alarms and cameras) ‘on and around nest and roost sites‘, to catch the criminals that are killing hen harriers. You know, the criminals that the landowners and their gamekeepers claim to have no knowledge of, but who are repeatedly turning up on their estates, armed, to commit serious crime.
This isn’t covert surveillance in the sense of spying on people who live and work on that estate – hen harriers don’t tend to nest close to people’s houses and, as hen harriers are a Schedule 1 protected species, nobody should be anywhere near their nest sites without a disturbance licence anyway, so the likelihood of a landowner or their employees being ‘covertly surveyed’ by a nest camera is pretty implausible, assuming they’re not involved in the crimes being committed at those sites.
I note that the Moorland Association blog appears to have been edited since it first appeared on 8th July – it now includes a ‘note’ (under the sub-header ‘Should I sign one of these letters?‘) to clarify the police’s position that what they are asking for does not amount to covert surveillance. That’s an interesting edit. I wonder if it’s been added on legal advice to try and soften the Moorland Association’s accusations against the police? I imagine the police’s reaction to the Moorland Association’s original blog would not be favourable, given that it’s not conducive to partnership working and also seems to be verging on defamation.
The wider context of this Moorland Association blog is of most interest to me. Here is an organisation that repeatedly claims to have a ‘zero tolerance’ policy against raptor persecution, and yet here it is giving a pretty good impression of an organisation intent on sabotaging the police’s attempts to tackle raptor persecution (as well as other Serious Organised Crime) on grouse moors.
If I was a landowner, and armed criminals were repeatedly coming on to my estate to kill protected wildlife, I’d be on the phone to the police without hesitation, asking them to respond. Not just for the sake of the wildlife but for the safety of my family, my employees, my neighbours and the visiting public. I’d be asking for an armed response unit and would give them permission to do whatever they thought necessary, for however long it took to catch the gunmen. Wouldn’t this be the response of any reasonable, law-abiding citizen who had nothing to hide?
It’ll be fascinating to see what the police’s response is to the Moorland Association’s blog, assuming they’ve seen it. From the presentations I’ve heard from DI Mark Harrison, the officer from the National Wildlife Crime Unit (NWCU) leading the National Hen Harrier Taskforce, he’s playing strictly by the rules, being transparent, and initially taking a softly, softly approach with landowners, refusing to embarrass estates by naming them publicly as hen harrier persecution hotspots because he wants to work in partnership with them.
I’ve been cynical of his ‘partnership’ approach and have suggested that all he’s doing is shielding the criminals. However, DI Harrison has been very clear that his tactics are part of a longer-term strategy and that if landowners refuse to cooperate, it makes it easier for him to take the next step and upgrade the tactics to something far more serious.
The Taskforce isn’t just looking at wildlife crime. It is also intent on tackling offences such as theft (of satellite tags), criminal damage (of satellite tags), fraud offences, criminal use of firearms, and potential conspiracy offences relating to encouraging or assisting crime. Some of these are very serious offences, triable either way (i.e. can be heard in a higher court that has greater sentencing powers than a magistrates court) and thus there are more serious consequences for anyone convicted of these offences than being convicted for a wildlife crime offence.
The tactics that he’ll be empowered to use are far more intrusive than anything these grouse moor estates will have faced before, he won’t need their permission to deploy them and they won’t know what’s happening until it’s too late.
Let’s see if the Moorland Association’s inflammatory blog will trigger a response from DI Harrison and the NWCU, resulting in the Taskforce ramping up its tactics on any grouse shooting estates where a landowner refuses to sign up.
UPDATE 23 July 2024: Moorland Association booted off the Raptor Persecution Priority Delivery Group (RPPDG) here
UPDATE 22 November 2024: Revealed: letter of expulsion to Andrew Gilruth (CEO, Moorland Association) from Head of National Wildlife Crime Unit (here)























