Tag: trap

SNH explains decision to impose General Licence restriction on Leadhills Estate

Further to last week’s news that Scottish Natural Heritage (SNH) has finally imposed a three-year General Licence restriction on the Leadhills Estate in South Lanarkshire (see here and here), there is now an explanation, of sorts, from SNH on the decision to issue the restriction notice.

It wasn’t just one alleged incident of illegal raptor persecution that triggered this sanction, but a series of them.

Well done to journalist Charlie Parker at The Times (Scotland) for getting the information.

According to Charlie’s article, SNH’s decision was based on “clear evidence” of the ‘illegal killing of a short-eared owl, two buzzards and three hen harriers’ that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (when SNH was given the power to impose a General Licence restriction on estates or individuals in Scotland). SNH has also claimed that ‘wild birds’ nests have also been disturbed’, although there is no further detail on this.

An unnamed SNH spokesperson is quoted in the article as follows:

“The police have investigated each of these cases and while it is very clear that offences have been committed, as is often the case with these types of crime it hasn’t been possible to gather the evidence to identify the person responsible.

There is also similar historic evidence of incidents on this property pre-dating the incidents, although SNH’s decision is based on incidents which occurred since January 1, 2014“.

Most of the incidents listed by SNH have been well publicised –

However, the alleged incident relating to a third hen harrier is less clear. SNH may be referring to the discovery in 2015 of a satellite-tagged hen harrier called Annie who had been shot, although her corpse was found on a neighbouring estate, not on Leadhills Estate. Or, perhaps there is another alleged incident relating to the shooting or trapping of a hen harrier on Leadhills Estate that has yet to be publicised? Time will tell.

There are two more quotes in The Times article that are worth a mention. First, one from Ian Thomson (Head of Investigations, RSPB Scotland) who said Leadhills Estate had a “long and appalling history” of confirmed raptor persecution incidents and,

“While this sanction is positive news, it is becoming increasingly clear that the threat of such a penalty is no deterrent to those whose sole motivation is the maximising of grouse numbers. Until sporting estates face the potential removal of the right to shoot, we do not believe there is a sufficient deterrent to those who continue to slaughter our birds of prey.”

Meanwhile, an unnamed spokesperson for Leadhills Estate is quoted as follows:

“The decision to restrict the general licence does make clear it is not inferring any criminal activity on the part of the estate. The estate condemns all forms of wildlife crime and all employees and agents of the estate are in no doubt as to their responsibilities“.

It’s our understanding that the General Licence restriction ‘does not infer any responsibility for the commission of crimes on any individuals‘ This is the exact wording from SNH’s restriction notice (see here). This statement is not the same as the one being claimed by Leadhills Estate, which argues that the restriction ‘is not inferring any criminal activity on the part of the estate’.

This sounds like real twilight zone material. SNH is holding the estate to account by imposing a sanction for alleged wildlife crimes because there is insufficient evidence to attribute the activity to an individual estate employee and the estate is saying that SNH’s decision to impose the sanction doesn’t infer any responsibility on the estate. Er….

All clear?

More to come on the Leadhills Estate case soon…

 

General Licence restriction at Leadhills Estate: welcome to the Twilight Zone

Earlier this week it was announced that Scottish Natural Heritage (SNH) had finally imposed a three-year General Licence restriction on Leadhills Estate in South Lanarkshire ‘on the basis of evidence provided by Police Scotland of wildlife crime against birds’ (see here).

Before we proceed any further you should be aware that you are now entering the twilight zone, suspended somewhere between reality and fantasy.

[Leadhills Estate, photo by Ruth Tingay]

We’re in that bonkers scenario where despite Police Scotland providing “clear evidence that wildlife crimes have been committed on this property” (according to Nick Halfhide of SNH), the imposition of the General Licence restriction “does not infer responsibility for the commission of crimes on any individuals“. This leaves us on wafer-thin legal ice, not able to state what to us is the bleedin’ obvious for fear of a defamation claim, even though the original intention of Scottish Ministers was to use a General Licence restriction as a “reputational driver“.

General Licence restrictions have been available to SNH (although rarely used) since 1 January 2014, introduced by then Environment Minister Paul Wheelhouse in response to continuing difficulties securing criminal prosecutions for those people still killing birds of prey. Paul instructed SNH to withdraw the use of General Licences (available for legal predator control) on land where crimes against raptors are believed to have taken place but where there was insufficient evidence to instigate criminal proceedings. The decision to withdraw the licence is based on a civil standard of proof which relates to the balance of probability as opposed to the higher standard of proof required for a criminal conviction.

A General Licence restriction is not without its limitations, and has even been described as farcical, particularly as estates can simply apply for an individual licence instead which allows them to continue predator control activities but under slightly closer scrutiny.

The Leadhills Estate and the surrounding area has been at the centre of wildlife crime investigations for decades. According to RSPB Scotland there have been over 60 confirmed raptor persecution incidents uncovered here, but only two successful prosecutions: a gamekeeper convicted for shooting a short-eared owl in 2004 and a gamekeeper convicted for laying poisoned baits out on the moor in 2009.

There have been a number of reported wildlife crimes here in recent years but because SNH isn’t keen on transparency, we don’t know which ones triggered the decision to impose the General Licence restriction. Was it the alleged witnessed shooting of a hen harrier in May 2017; the alleged witnessed shooting of a short-eared owl just a few weeks later and whose body was recovered; the discovery of a buzzard in 2018 that was found to have been shot twice; the filmed buzzard that according to the RSPB was likely killed in a crow trap in January 2019, or was it the discovery of a male hen harrier in May 2019 whose leg was almost severed by an illegally-set trap next to its nest?

We do know, from SNH’s press statement, that SNH believes “there is clear evidence that wildlife crimes have been committed on this property……” which sounds like multiple incidents have informed SNH’s decision to impose the restriction:

And because this is the twilight zone we also need to draw to your attention the Estate’s outright denials of any involvement in any of these alleged crimes – we particularly liked this one, in response to the illegally-trapped hen harrier earlier this year. Bless those little gamekeepers, finding it “very difficult” to cope with repeated crimes carried out by ‘unknown third parties’.

It’s probably just kids in stolen vehicles, right? Riding around the estate in 4 x 4s or on quad bikes, firing shotguns at protected wildlife. Let’s face it, who else would have vehicular access, firearms and a motive for wanting to kill birds of prey? Nope, nobody that we can think of.

Here is a copy of SNH’s restriction notice for Leadhills Estate, for the record:

We’ve got a lot more to say about this particular General Licence restriction but we’ll have to come back to it, hopefully within a few days. There are all sorts of interesting aspects to explore……

UPDATE 2 December 2019: SNH explains decision to impose General Licence restriction on Leadhills Estate (here)

SNH imposes General Licence restriction on Leadhills Estate

Press release from SNH (26 Nov 2019)

General Licence restriction on Leadhills Estate, South Lanarkshire

Scottish Natural Heritage (SNH) has restricted the use of general licences on Leadhills Estate in South Lanarkshire this week. The decision was made on the basis of evidence provided by Police Scotland of wildlife crime against birds.

[Chris Packham holding a dead hen harrier that had been caught in an illegally-set spring trap next to its nest on Leadhills Estate earlier this year. Photo by Ruth Tingay]

General licences allow landowners or land managers to carry out actions which would otherwise be illegal, including controlling common species of wild birds to protect crops or livestock.

Nick Halfhide, SNH’s Director of Sustainable Growth, said: “There is clear evidence that wildlife crimes have been committed on this property. Because of this, and the risk of more wildlife crimes taking place, we have suspended the general licences on this property for three years. They may though still apply for individual licences, but these will be closely monitored.

“This measure will help to protect wild birds in the area, while still allowing necessary land management activities to take place, albeit under tighter supervision. We consider that this is a proportionate response to protect wild birds in the area and prevent further wildlife crime.”

Restrictions will prevent people from using the general licences on the land in question for three years. This period can increase if more evidence of offences comes to light.

See the full licence restrictions details at https://www.nature.scot/general-licences-birds-restrictions

ENDS

As you might expect, we have a lot to say about this news, following on from last month’s blog about it (here).

We’ll be blogging in much more detail tomorrow but for now, our initial reaction to this news is, ‘Too little, too late’.

UPDATE 29 November 2019: General Licence restriction at Leadhills Estate: welcome to the twilight zone (here)

UPDATE 2 December 2019: SNH explains decision to impose General Licence restriction on Leadhills Estate (here)

UPDATE 12 December 2019: SNH reinstates General Licence use on Leadhills Estate during appeals process (here)

UPDATE 9 January 2020: Decision due on General Licence restriction for Leadhills Estate (here)

Raptor persecution in Northern Ireland: ten year review and new strategies to tackle these crimes

Press release from the Partnership for Action Against Wildlife Crime Northern Ireland (PAW NI):

Birds of prey to be safeguarded by new technology

Satellite tracking devices are to be fitted onto birds of prey and nesting site surveillance installed, in the latest fight against wildlife crime.

‘Hawk-Eyes’, an advanced technology project, is being launched by the Partnership for Action Against Wildlife Crime Northern Ireland (PAW NI), alongside their ‘10 Years of Persecution’ Report.

The report reveals that from 2009-18, there were a total of 72 incidents of confirmed raptor persecution in Northern Ireland, resulting in the death or injury of 66 birds of prey and the destruction of two nesting sites.

Department of Agriculture, Environment and Rural Affairs (DAERA) Wildlife Officer Dr Jon Lees said buzzards and red kites are amongst the most common victims of persecution: “Sadly, a small proportion of our population still seem to think it’s ok to destroy these magnificent birds at the expense of the environment and the rest of the community.

“Raptors such as buzzards, red kites, peregrine falcons and Sparrowhawks, have been illegally targeted right across Northern Ireland to such an extent some areas are at risk of losing their natural top predators,” explained Dr Lees.

“The methods these criminals use, such as poisoned bait, are often highly dangerous, putting livestock, pets and people at risk. These offenders care little for people’s safety. We rely heavily on the vigilance of the public to report these crimes and any evidence to the police or Crimestoppers,” Dr Lees added.

The “Hawk-Eyes” project, is funded and supported by the Department of Justice, – Assets Recovery Community Scheme (ARCS) and run through PAW NI, which brings together government Departments, PSNI and other enforcement agencies, environmental organisations, animal welfare groups and country sports associations with the common goal of combating wildlife crime through publicity, education and campaigning.

Some of the birds’ tracking information will be publicly available on the project website at http://wildlifecrimeni-hawkeyes.com, which will allow people to help protect these special birds by reporting such crimes.

PAW NI encourages people across Northern Ireland to be vigilant. If anyone sees or knows of any wildlife crime, report it to the PSNI by calling 101 or, in an emergency, 999. Crime can be reported anonymously to Crimestoppers on 0800 555 111.

ENDS

The ten year review report (2009-2018) can be downloaded here: PAW NI Raptor Persecution Report 2009 – 2018

The use of technology (nest cameras and satellite tags) in the Hawk Eyes project is very interesting, especially as it’s being funded by the Department of Justice’s Assets Recovery Community Scheme, where proceeds of crimes are distributed to help community projects. It would be great to see this approach repeated in England, Scotland and Wales.

Of most interest to us is that these tags are being deployed primarily to aid the detection of wildlife crime. Typically, up until now the main reason for deploying satellite tags has been as part of an ecological research project – the subsequent detection of wildlife crime hotspots (through the discovery of poisoned/shot/trapped sat tagged birds or the suspicious disappearance of tagged birds) has been a by-product of that research and not its primary aim. This is a very clear change of approach from the PAW NI and its also very pleasing to see that the police are key partners in it. Good stuff.

Will the use of satellite tag technology help to identify the criminals as well as the hotspots? Quite possibly. It doesn’t work in England, Scotland or Wales where there are large game shooting estates and where evidence can be quickly destroyed with relative ease (no witnesses around and thousands of acres in which to hide corpses/tags) and where multiple gamekeepers can hide in the crowd (a prosecution isn’t possible unless an individual suspect is identified) but the situation in Northern Ireland is quite different.

Raptor killing in Northern Ireland isn’t such an ‘organised crime’ as it is in the rest of the UK because there are very few large game shooting estates. It seems to be more localised and opportunistic in Northern Ireland, so the perpetrators aren’t so clued up on how to avoid detection. The deterrent effect of simply knowing that these birds might be tagged may also be significant in Northern Ireland because the raptor killers there won’t have wealthy employers prepared to fork out thousands of pounds for legal defence as they do on the game shooting estates in England and Scotland. The risk of getting caught and being afraid of the consequences might just do the trick in Northern Ireland.

Well done and good luck to the PAW NI team – a lot of people will be watching this project with interest.

Is SNH about to impose a General Licence restriction on Leadhills Estate?

Last week RSPB Scotland published a blog called ‘Why vicarious liability is failing to have an impact in Scotland‘.

Written by Duncan Orr-Ewing, Head of Species & Land Management, it’s the latest in a series, following on from the excellent blog challenging the Scottish Gamekeepers’ ignorance on satellite tags, written by Ian Thomson, Head of Investigations at RSPB Scotland.

Duncan’s blog is well worth a read. It questions the Crown Office’s recent decision not to prosecute anyone for alleged vicarious liability following the conviction of Scottish gamekeeper Alan Wilson for a series of barbaric wildlife crimes on the Longformacus Estate in the Scottish Borders.

It also considers the potential benefits of having the threat of a vicarious liability prosecution, and how this may have driven down the use of illegal poisons as a method of killing raptors, but been replaced by shooting and trapping methods which are much harder to detect.

The really interesting part of the blog, as far as we’re concerned, is the section on the Leadhills Estate in South Lanarkshire. Blog readers will recall this is where a male hen harrier was found with an almost severed leg caught in an illegally-set spring trap next to his nest earlier this summer. Despite the heroic efforts of a number of experts, he didn’t survive. The estate denied all knowledge and responsibility and nobody has been charged.

[The trapped hen harrier found on Leadhills Estate. Photo by Scottish Raptor Study Group]

Regular blog readers will know this poor hen harrier is not the only victim reported from the Leadhills Estate. The list is long and goes back more than a decade (e.g. scroll down this page). Duncan’s blog discusses some of the most recent incidents including the witnessed shooting of a hen harrier in May 2017; the witnessed shooting of a short-eared owl just a few weeks later and whose body was recovered; the discovery of a buzzard in 2018 that was found to have been shot twice; and the filmed buzzard that according to the RSPB was likely killed in a crow trap in January 2019.

Nobody has been charged for any of the above, but significantly, Duncan’s blog says this:

“We are advised that only now is an Open General Licence restriction, another sanction in the public authority wildlife crime “toolbox”, to be imposed here”.

SNH has had the power to impose General Licence restrictions since 1 January 2014. This was instigated by former Environment Minister Paul Wheelhouse in response to continuing difficulties of securing criminal prosecutions and was an instruction to SNH to withdraw the use of the General Licence (available for legal predator control) on land where crimes against raptors are believed to have taken place but where there is insufficient evidence to instigate criminal proceedings. The decision to withdraw the licence is based on the civil standard of proof which relates to the balance of probability as opposed to the higher standard of proof required for a criminal conviction.

This measure is not without its limitations, particularly as estates can simply apply for an individual licence instead which allows them to continue predator control activities but under slightly closer scrutiny.

SNH has only imposed four such restrictions since 2014 – a pathetically small figure when we are aware of at least a dozen other cases where a restriction should have been applied. SNH has claimed it is ‘not in the public interest‘ to explain those failures.

We’ve looked on the SNH website to see whether Leadhills Estate has been listed as having a General Licence restriction imposed (SNH does publicise the details when it imposes the restriction) but so far Leadhills Estate is not named. Potentially the estate has been notified and is currently in the period where it may challenge SNH’s decision, as per the framework for a General Licence restriction.

Watch this space.

UPDATE 26 November 2019: SNH imposes General Licence restriction on Leadhills Estate (here)

Still waiting for Werritty

Autumn is here; Werritty’s report is not.

For new readers, the long anticipated and long overdue Werritty Review is a Government-commissioned report on grouse moor management in Scotland. Environment Cabinet Secretary Roseanna Cunningham commissioned it following the publication of the authoritative, ‘exemplary and thorough‘ Golden Eagle Satellite Tag Review in May 2017, which revealed the magnitude of ongoing raptor persecution on some Scottish grouse moors (read that report here).

The Werritty Review Group was announced in November 2017 and we were told to expect the report by spring 2019.

Spring 2019 came and went, the report didn’t appear, but we were told that Professor Werritty was ill and the report would be delayed by two months (new expected date: June 2019). Fair enough.

June 2019 came and went, the report didn’t appear.

Then we heard it would arrive in July 2019.

July 2019 came and went, the report didn’t appear then we heard from Professor Werritty himself that it’d be submitted ‘during the summer‘.

At the end of July, in response to public fury about on-going illegal raptor persecution on Scottish grouse moors, a Government spokesperson told us the report ‘was due in the next few weeks’ (see here).

It’s now mid-October and the report still hasn’t appeared. According to Environment Cabinet Secretary Roseanna Cunningham, writing to an MSP in response to a query about the publication date by a constituent (and blog reader!), the report is “expected within the next couple of weeks“!!

To be perfectly frank, events this year have overtaken whatever recommendations Professor Werritty might suggest – the discovery of this spring-trapped hen harrier on a grouse moor in Perthshire, this spring-trapped hen harrier caught next to his nest on a grouse moor in South Lanarkshire, this spring-trapped golden eagle photographed flying above a grouse moor in Royal Deeside, and the suspicious disappearance of two more satellite-tagged golden eagles from a grouse moor in Perthshire have demonstrated that we now need a radical approach to bring this to an end.

Nevertheless, we’re still keen to see the Werritty report appear because until it does, the Scottish Government has the perfect excuse, that it has used repeatedly since May 2017 when the review was first commissioned, to do absolutely naff all to tackle these ongoing serious organised crimes.

“It is right and sensible that Scottish Government should wait for that report“, says Roseanna Cunningham. How can it possibly be “right” or “sensible” that the Government should continue to sit on its hands and watch these atrocities taking place, suggesting it’s powerless to act?

 

Pre-Werritty propaganda from grouse shooting industry

As we all continue to wait for the publication of Professor Werritty’s report on driven grouse shooting, the usual suspects have been busy putting together a damage limitation programme to save their sorry necks.

An ‘informal alliance’ has been created under the banner of RELM (Rural Environment Land Management) ‘to help co-ordinate and streamline responses and communications ahead of the publication of the final report‘ and its first offering is this briefing document for MSPs which was distributed by Scottish Land & Estates a couple of weeks ago:

Here’s the intro blurb:

Grouse moor management has been the subject of much attention during the summer period across a range of issues such as the environment and species conservation, satellite tagging and wildlife crime, mountain hares and the start of the season on August 12.

With the Scottish Government’s review into grouse moor management due to be published shortly, rural organisations wished to provide the following update to parliamentarians. We would be pleased to provide additional detail where required.

Ah, how thoughtful. Amusingly, several MSPs have sent us a copy of this briefing document with comments along the lines of ‘You might want to say a few things about this’.

We’re grateful to those MSPs because yes, we do want to say a few things about the document’s contents and we wouldn’t otherwise have had an opportunity had they not shared the briefing with us.

We’re not posting the full briefing document here, yet. Instead we intend to blog about different aspects of it in turn.

Today we’re looking at the page entitled ‘Wildlife Crime’ and its five paragraphs of propaganda:

Propaganda paragraph 1:

Yes, significant media attention does remain focused on wildlife crime, and particularly illegal raptor persecution because everyone else finds it abhorrent and can’t understand why it still goes on and why the grouse shooting industry continues to shield the criminals involved. It’d be interesting to know what, exactly, these five organisations have done to crack down on raptor persecution as part of their claimed ‘full commitment to improving prevention, detection and prosecution’.

Propaganda paragraph 2:

No surprises here. This is a blatant attempt, yet again, to discredit the RSPB’s annual Birdcrime Report which was published a couple of weeks ago and showed that confirmed raptor persecution crimes in Scotland in 2018 had doubled from those recorded in 2017. These cases included a peregrine poisoned in the Pentland Hills, near Edinburgh; a buzzard found to have been shot twice, in South Lanarkshire; a buzzard caught in an illegal trap, in Inverness-shire; and a hen harrier caught in a spring trap in Perthshire. All of these incidents occurred on, or close to, land being managed intensively for driven grouse shooting.

With this level of relentless criminality, it’s no wonder the grouse shooting industry apologists want to infer that the RSPB’s data are ‘unofficial’. Fine. We’ll come back to this later this autumn when the Government publishes its annual wildlife crime report, which we know will include all of the confirmed incidents already reported by the RSPB.

Propaganda paragraph 3:

This is perhaps the most cynical of attempts to downplay the disgusting reality of the criminality still being committed on some driven grouse moors. And the first sentence of paragraph 3 is actually a lie. Not being pursued by Police Scotland? Er, ALL the cases of alleged raptor persecution that have been reported from grouse moors over the last few months are still considered to be live criminal investigations by the Police, according to the investigations officer we spoke to yesterday.

So, the satellite-tagged hen harrier that was found dead on a grouse moor in Strathbraan with an illegal spring trap clamped to its leg – it’s still the subject of a criminal investigation by the police.

The two satellite-tagged golden eagles (Adam and Charlie) that ‘disappeared’ in suspicious circumstances on another grouse moor in Strathbraan, on the same morning as each other – they’re still the subject of a criminal investigation by the police (as are several other alleged offences uncovered during the police search).

The hen harrier that was found caught by its leg in a spring trap that had been set illegally next to its nest on a grouse moor in South Lanarkshire – it’s still the subject of a criminal investigation by the police.

The buzzard that was caught inside a legal cage trap on the same South Lanarkshire grouse moor but was then allegedly beaten to death by someone arriving on a quad bike after dark and using a key to open the padlocked door of the cage – it’s still the subject of a criminal investigation by the police.

The young golden eagle that was photographed flying around in the Cairngorms National Park with an illegal trap clamped to its leg – it’s still the subject of a criminal investigation by the police.

And as for the claim that estates have issued ‘unprecedented and emphatic rebuttals’ – er, there’s nothing unprecedented about that! Estates have always denied any involvement in any of the wildlife crimes that have been uncovered on their land – it’s what they do!

Propaganda paragraph 4:

Ah yes, convicted gamekeeper Alan Wilson, dubbed by the press as ‘Scotland’s worst wildlife killer‘. Yet again, the link between Wilson’s filthy criminal activity uncovered at Henlaw Wood and driven grouse shooting is kept well hidden. Yes, the Longformacus Estate was managed for low ground pheasant shooting but it was also managed for driven grouse shooting – a fact that Scottish Land & Estates doesn’t like to mention!

And speaking of Scottish Land & Estates and it’s so-called ‘full commitment’ to tackling wildlife crime, it still hasn’t said whether the Longformacus Estate was a member at the time these crimes were committed and if so, whether that membership has now been terminated? We asked SLE this question on 22 August 2019. Still waiting for an answer….

Propaganda paragraph 5:

Of course they continue to call for tougher penalties – how can they not? But they know as well as we do that the severity of the penalty is utterly irrelevant if the perpetrators of these crimes can’t even be identified, let alone prosecuted.

And as long as evidence continues to be destroyed and employers continue to shield their criminal employees by instructing them to give ‘no comment’ interviews to the police, nothing will change.

Fortunately, there are more and more savvy MSPs in the Scottish Parliament who have seen through the greenwash and know exactly what’s going on. If you think your MSP isn’t one of those, it’d be worth dropping them an email with a link to this blog.

Golden eagle with trap dangling from its leg: statement from Environment Cabinet Secretary

In August Police Scotland published a photograph of a young golden eagle that had been seen flying in the Cairngorms National Park with an illegally-set trap clamped to one of its legs.

This photograph, along with the Police’s appeal for information, went viral and was reported on news channels around the world (e.g. here), highlighting Scotland’s shameful record of illegal raptor persecution.

There’s been no further update on the fate of this eagle. Undoubtedly it’ll be dead and if it had been found by anyone associated with the criminal element of the game-shooting industry the corpse and trap will be long gone….nothing to see, deny, deny, deny, it was all a set up, fake news, it never happened, etc etc.

Meanwhile, those who aren’t fooled by the propaganda and know exactly what goes on on game shooting estates have been asking pertinent questions.

Step up Colin Beattie MSP (SNP: Midlothian North & Musselburgh) who lodged the following written question on 2 September 2019:

Question S5W-25069 – 

To ask the Scottish Government, in light of reports of a golden eagle found with an illegal trap on its legs, what action it is taking to protect wild birds as a matter of urgency ahead of the publication of the findings of the Grouse Moor Management Group (the Werritty report).

A brilliant question. Forget ‘waiting for Werritty‘ which has been the Scottish Government’s default response to every single raptor persecution crime since May 2017, Colin wants to know what action is being taken NOW.

The Government’s response came from Environment Cabinet Secretary Roseanna Cunningham on 12 Sept, as follows:

The Scottish Government is strongly committed to safeguarding the welfare of all animals, including wild birds such as raptors.

The illegal persecution of our birds of prey is an extremely serious issue and, as we announced in our Programme for Government for 2019-2020, we will bring forward a Bill increasing the maximum penalties for certain wildlife offences, including those associated with illegal killing or injuring of wild birds. This will deliver a commitment to implement the recommendation to increase wildlife crime penalties in the review undertaken by Professor Poustie.

We also committed in the Programme for Government that we will respond to the independent review on grouse moor management. The review is examining how we can ensure that grouse moor management is sustainable and complies with the law and it would not be appropriate to make decisions in advance of its report. We will carefully consider the recommendations in the report and other relevant evidence when deciding our response.

The measures on wildlife crime penalties build upon a range of other work we have undertaken to tackle this issue, including: supporting the use of satellite tags to monitor birds of prey; introducing new offences for harassing birds of prey or damaging their nesting places; setting up a poisons disposal scheme to remove poisons used to kill wild birds; strengthening Police Scotland wildlife crime resources, including in the Cairngorms; and introducing vicarious liability so that landowners can be held responsible for crimes against wild birds committed by their employees.

Roseanna’s response carefully avoids answering Colin’s question directly. Colin asked what Scot Gov was doing ‘as a matter of urgency ahead of the publication of the Werritty report’. Roseanna’s response confirms, in effect, that Scot Gov is doing absolutely nothing at all in advance of the Werritty report.

Splendid.

And guess what? We’re still waiting for Werritty, despite being told by Scot Gov at the end of July that the report was due ‘in the next few weeks’. What an embarrassing fiasco it has become.

Whoever wrote Roseanna’s response was surely having a laugh, judging by the last paragraph. Yes, Scot Gov has introduced new offences for harassing birds of prey or damaging their nesting places but as far as we’re aware, there have been no prosecutions for these offences even though there have been a number of reports of raptor nests being deliberately burned out on grouse moors.

And yes, Scot Gov set up a poisons disposal scheme (two, in fact) to remove poisons used to kill wild birds and yet still we’re seeing raptors being illegally poisoned and still gamekeepers are being found guilty of possessing these illegal poisons.

And yes, Scot Gov did support a pilot scheme for a number of police special constables (essentially volunteers working in their own time) in the Cairngorms National Park but there has been no (public) assessment of the scheme’s impact and raptor persecution crimes were still reported in the National Park during the scheme’s duration.

And yes, Scot Gov did introduce vicarious liability so that landowners could be held responsible for crimes against wild birds committed by their employees but so far this has only resulted in two successful convictions in 7.5 years and only last month yet another landowner avoided any charges of alleged vicarious liability and the Crown Office chose not to explain this decision to the public.

 

What happened to this buzzard, caught in a trap on Leadhills Estate?

This buzzard was caught inside a crow cage trap on the Leadhills Estate in January 2019. It isn’t illegal to catch a buzzard in this sort of trap – it’s seen as accidental by-catch – but it is illegal for the trap operator not to release it immediately upon discovery and it’s also illegal to not check the trap at least once within every 24 hour period.

The trap, which was padlocked so was inaccessible to anyone without a key, was being filmed covertly by RSPB Scotland and their camera captured some interesting goings on in the night, with ‘somebody’ (unidentified, natch) rocking up on a quad bike, entering the padlocked trap, appearing to strike at something on the ground, removing something from the trap, and then driving off. As the cameras continued to roll, at dawn it became apparent that the buzzard was no longer in the trap.

Watch the video here:

According to a detailed blog (here) written by RSPB Scotland Head of Investigations Ian Thomson, there were at least two 24 hour periods where the trap was not checked by the trap operator, but despite a Police Scotland investigation, the trap operator could not be identified (presumably because the estate refused to divulge that information).

Nobody has been charged with anything relating to the operation of this trap.

Just as nobody has been charged for the witnessed shooting of a hen harrier on this estate in 2017 (here), or for the witnessed shooting of a short-eared owl on this estate in 2017 (here), or for the shooting of a buzzard found on this estate in 2018 (here), or for the savagely barbaric trapping of a hen harrier on this estate a couple of months ago (here). In fact, according to the RSPB, there have been a total of 72 confirmed raptor persecution incidents recorded on this estate since 2003 and only two of them have resulted in a successful prosecution.

Not only have there been no charges brought, but no civil sanctions either, such as a restriction on the use of the General Licence, which SNH has had the authority to impose since 1 January 2014 if there is sufficient evidence (from Police Scotland) that wildlife crimes have taken place but insufficient evidence to secure a criminal prosecution.

Great, isn’t it?

No vicarious liability prosecution for Longformacus Estate

Ten days ago Scottish gamekeeper Alan Wilson was sentenced for a catalogue of wildlife crime offences, including possession of the banned poison Carbofuran and the shooting of protected raptors, badgers and an otter on the Longformacus Estate in the Scottish Borders (see here).

[Criminal gamekeeper Alan Wilson, photo by Daily Record]

Very early on in this case we were aware that two individuals had been charged in relation to the crimes uncovered at Longformacus Estate (see here) and it was rumoured that the second man was facing a charge of alleged vicarious liability for Wilson’s crimes, although we were unable to verify this.

As a quick re-cap, vicarious liability was a measure introduced by the Scottish Government on 1 January 2012 as a direct and specific response to ongoing illegal raptor persecution, whereby somebody (e.g. a landowner or a sporting agent) may be held responsible for the criminal actions of an employee – see here for a more detailed explanation.

Following Wilson’s conviction and then subsequent sentencing earlier this month, we were keen to find out whether the Crown Office was now pursuing a charge of alleged vicarious liability against any individual associated with the management of Longformacus Estate. Last week we wrote to the Crown Office for clarification and this is the response received yesterday:

So, here we are yet again.

No prosecution for anyone associated with the management of Longformacus Estate where gamekeeper Alan Wilson was able to commit crime after crime after crime after crime, apparently without his boss(es) noticing.

For a defence of a charge of alleged vicarious liability, the gamekeeper’s boss(es) would need to show that (a) s/he/they did not know the offence was being committed; AND (b) that s/he/they took all reasonable steps AND exercised all due diligence to prevent the offence(s) being committed. Without knowing the full facts and circumstances of this case it is impossible for us to judge whether the Crown Office’s decision not to pursue a charge was sensible, but it has to be said that given the extent and duration of Wilson’s criminal activities, it would have been very interesting indeed to have heard his bosses’ interpretation and explanation of ‘all due diligence’.

We’ll probably never know why the Crown Office chose not to proceed – it is under no obligation to offer any explanation to the public. However, this latest decision really shouldn’t come as any surprise to anybody – remember, this is the same Crown Office that dropped five prosecutions for alleged raptor persecution in quick succession in 2017 (see here), even including several cases where RSPB video footage had captured the crimes on camera! Those decisions not to proceed with prosecutions hailed the start of what has now become complete exasperation at the authorities’ failure to take on many cases linked to wildlife crime on game-shooting estates.

The Crown’s decision not to pursue criminal proceedings in relation to the crimes committed at Longformacus Estate also further entrenches the view that vicarious liability as a measure for tackling ongoing raptor persecution is a resounding failure. Introduced seven and a half years ago on 1 Jan 2012, only two successful prosecutions have been secured: one in Dec 2014 (here) and one in Dec 2015 (here). A third case in Oct 2015 was dropped because the authorities couldn’t identify the estate’s management structure (here) and a fourth case was abandoned in April 2017 because the Crown said ‘it wasn’t in the public interest to continue’ (here).

Who thinks that two successful cases in 7.5 years is a measure of success? Perhaps if raptor persecution crimes weren’t still being committed then vicarious liability might have been viewed as a success in terms of its deterrent value but it’s quite clear, given the ongoing reports of persecution, that landowners and sporting agents are probably increasingly confident of evading prosecution and the Crown’s decision on the Longformacus Estate will only strengthen that view.

The question now is, for how many more years do we have to sit and watch the pathetic failure of vicarious liability as a measure to combat raptor persecution? The Scottish Government can no longer rely on this as an indication of its commitment to tackling these crimes. Sure, when introduced in 2012 it was done in good faith and with the best of intentions but it is quite clear for all to see that, for whatever reason, it isn’t working, and the Scottish Government needs to acknowledge this failure and find out why it’s failing and get it fixed.

It’s not just convicted gamekeeper Alan Wilson sticking up two fingers to our law-abiding society.

The topic of vicarious liability was raised at the recent SNP Conference Fringe meeting on grouse moor reform (here) as well as the Revive Coalition’s conference in Perth (here) and caused quite a stir amongst delegates and panellists at both events. It’s an issue we’re likely to follow up with several interested MSPs.

Meanwhile, Chris Packham’s petition calling for a ban on driven grouse shooting is doing exceptionally well, just two weeks after launching. It has now attracted over 81,000 signatures but is likely to fall if it doesn’t reach 100,000 signatures by Sept 9th, thanks to the current shenanigans at Westminster (if Parliament is suspended all unfinished business, including live petitions, will fall). If you haven’t yet signed, please do so HERE. Thank you.