Some comments on that Channel 4 News report

Channel-FourFor those who missed it, the Channel 4 News report on the illegal persecution of raptors on Scottish grouse moors can be watched here for a few days.

First of all, we need to be celebrating that raptor persecution has been featured on a national mainstream TV news channel. What a long way this subject has come. The awareness-raising power of a news report like this should not be underestimated. Since the programme aired four hours ago, we’ve already been contacted by three journalists whose interest has been piqued. Well done Channel 4 News.

There were excellent interviews with Ian Thomson, Head of Investigations at RSPB Scotland, who referred to “an absolute catalogue of illegal killing” over the last few years in the Angus Glens (e.g. see here), and Logan Steele of the Scottish Raptor Study Group, someone who has decades of first-hand experience recording the deaths of illegally-killed raptors in this area and beyond.

But perhaps the best interview was that with Scottish Gamekeepers’ Association Chairman, Alex Hogg. We couldn’t have wished for a better performance. Telling lies on national telly is never a good strategy. Especially when you deny that gamekeepers are involved with the poisoning, shooting and trapping of raptors, knowing full well that there is a public record of gamekeepers who have been convicted for doing just that, as well as committing other wildlife crimes. Here is a quick list of 14 convicted gamekeepers just covering the last two years (full details of each case can be found elsewhere on this blog) –

Jan 2012: Gamekeeper David Whitefield convicted of poisoning 4 buzzards.

Jan 2012: Gamekeeper Cyril McLachlan convicted of possessing a banned poison.

April 2012: Gamekeeper Robert Christie convicted of illegal use of a trap.

June 2012: Gamekeeper Jonathan Smith Graham convicted of illegal use of a trap.

Sept 2012: Gamekeeper Tom McKellar convicted of possessing a banned poison.

Nov 2012: Gamekeeper Bill Scobie convicted of possessing and using a banned poison.

Jan 2013: Gamekeeper Robert Hebblewhite convicted of poisoning buzzards.

Feb 2013: Gamekeeper Shaun Allanson convicted of illegal use of a trap.

Feb 2013: Gamekeeper (un-named) cautioned for illegal use of a trap.

May 2013: Gamekeeper Brian Petrie convicted for trapping offences.

June 2013: Gamekeeper Peter Bell convicted for poisoning a buzzard.

July 2013: Gamekeeper Colin Burne convicted for trapping then battering to death 2 buzzards.

Sept 2013: Gamekeeper Andrew Knights convicted for storing banned poisons.

Dec 2013: Gamekeeper Wayne Priday convicted for setting an illegal trap.

There are a further six cases either currently under way or due to start, all involving gamekeepers and all accused of alleged persecution including the poisoning, shooting, trapping and battering to death of birds of prey.

After lying about the involvement of gamekeepers in raptor persecution crimes, Hogg then went on to say that gamekeepers want a system in place whereby “if the populations [of raptors] are too high all over the United Kingdom” then a decision needs to be taken as to whether the species needs to be culled on grouse moors. But, “We don’t want to cull them; we’d rather the government done it”.

If anyone can explain to us (a) what is a “too high” population? and (b) why a species’ national population size should have any bearing on a proposed cull of that species on a particular grouse moor, please do enlighten us.

The final interview was a very short one with the Environment Minister, who was asked why he won’t “just fully regulate the [game-shooting] industry like other countries”?

His answer: “We want to avoid putting in place something that might be seen as a draconian response, or too restrictive a response. We’re not saying we wouldn’t do this, eventually…”

In other words, giving current measures ‘time’ to take effect (without actually defining the time scale) is just an excuse to do nothing and appease the mighty landowners.

Gamekeepers aren’t persecuting raptors, says SGA’s Chairman

Channel-FourHere’s a preview to tonight’s story on Channel 4 News….watch the video of SGA Chairman Alex Hogg responding to the reporter’s question about whether gamekeepers are poisoning, shooting and trapping birds of prey:

No they aren’t. We would dispute that“.

He can dispute it all he likes – the growing list of convicted gamekeepers tells a different story, and there are currently six on-going court cases to boot, including allegations of illegal trapping, poisoning, shooting and battering.

C4 News article and accompanying 3 video clips available here, including a preview of an interview with RSPB Scotland’s Head of Investigations, Ian Thomson.

Watch Channel 4 News this evening at 7pm for full story.

UPDATE 23.55hrs: Read our comments on the full report here

Parliamentary motion about poisoned golden eagle Fearnan

Fearnan Angus Glens Dec 2013The Scottish Parliament is taking note of the illegal killing of golden eagle Fearnan, who was found poisoned on an Angus grouse moor in December.

The following parliamentary motion has been lodged:

Motion S4M-08715: James Dornan, Glasgow Cathcart, Scottish National Party, Date Lodged: 07/01/2014

No Place for Wildlife Crime

That the Parliament notes the poisoning of the golden eagle named Fearnan and believes that the killing of birds of prey has no place in modern Scotland; believes that the golden eagle population is of national interest, as demonstrated by a recent poll in which the species was voted the country’s favourite animal; supports efforts by Police Scotland to bring wildlife criminals to justice, and commends the Scottish Government’s commitment to end raptor persecution.

Supported by: Joan McAlpine, Stuart McMillan, Chic Brodie, Adam Ingram, Christina McKelvie, Mike MacKenzie, Bill Kidd, Patrick Harvie, Kenneth Gibson, David Torrance, Aileen McLeod, Colin Keir, John WilsonR, Roderick Campbell, Nigel Don, Dennis Robertson, Liam McArthur, Colin Beattie, Fiona McLeod, John Finnie, Jean Urquhart, Rob Gibson, Richard Lyle, Christine Grahame, Graeme Dey, Maureen Watt, Kevin Stewart, Sandra White, Mark McDonald

What’s significant about this motion is not necessarily that one has been lodged – there was a similar motion lodged in 2012 by Nigel Don MSP following the discovery of the now infamous dead ‘Deeside Eagle’ (see here), with an amendment to that motion made by Claudia Beamish MSP following the shooting of a golden eagle in South Lanarkshire (see here).

James Dornan MSPThe significance of this latest motion is that it’s been lodged by an MSP that doesn’t live in the region where Fearnan was killed and isn’t especially well-known for addressing raptor persecution issues – James Dornan MSP, representing  Glasgow Cathcart. We view this as an important indication that the raptor persecution issue is being brought to the attention of people who may previously have been unaware.

Well done, James Dornan. Let’s see how many more MSPs sign up to support this motion. Has yours signed?

Latest measure to tackle raptor persecution now in place

Last July, following a series of raptor persecution incidents, Environment Minister Paul Wheelhouse announced his intention to introduce ‘further measures’ to tackle the ongoing problem (see here).

One of those measures has recently come in to force (as of 1st Jan 2014).

That measure is an enabling paragraph in some of the 2014 General Licences that says this:

SNH reserves the right to exclude the use of this General Licence by certain persons and/or on certain areas of land where we have reason to believe that wild birds have been taken or killed by such persons and/or on such land other than in accordance with this General Licence.

First of all, we applaud Paul Wheelhouse’s intentions, at least, and his determination to make sure this measure has been enacted. Good for him. However, as we blogged at the time, we really don’t see how this latest measure can be enforced (see here for our reasons).

For once, it seems that many of the game-shooting organisations are in agreement with us. Before SNH issued the 2014 General Licences, they had their usual consultation period and asked for comments about this new enabling paragraph, amongst other things (see here). They have just published those consultation responses and all the respondents from within the game-shooting lobby raised many of the same concerns as us.

So, even though this new measure is now in place, it is highly unlikely that it will ever be effectively deployed….a bit like the legislation relating to vicarious liability. We might be wrong, of course, but only time will tell.

In general terms, the 2014 General Licences are not much better than the 2013 General Licences in that many of the previous concerns raised (going back several years!) have still not been addressed. We’ve blogged about this a lot (e.g. see here, here, here, here, herehere, here, here, here, here) and don’t intend to go over all the points again….not just yet, anyway. We understand that SNH is intending to organise further research in 2014 to address many of the concerns, although they said that when they issued the 2013 General Licences and yet here we are, another year gone by and we’re still waiting for that research.

While we wait, it’s worth you having a look at the responses to the 2014 General Licence consultation – especially the response from the Scottish Gamekeepers’ Association, who once again are asking for ‘quota systems’ for buzzards, ravens, pine martens and badgers.

Download the PDF here: Consultation responses to General Licences 2014

Naturally, we’ll be watching with interest to see whether SNH has cause to withdraw the use of the General Licences, on the basis that they have ‘reason to believe’ that wild birds have been illegally taken or killed. The enabling paragraph probably cannot be used retrospectively so we’ll just have to wait until we see the next incident of criminal activity, which probably won’t be too far off, and then we’ll see what happens.

 

Case against Scottish gamekeeper James Marsh to continue in Feb

Criminal proceedings against Scottish gamekeeper James Marsh continued at Stirling Sheriff Court last Thursday (19th December 2013).

Marsh, 49, of Middle Ballewan near Blanefield, Stirling is facing charges related to alleged wildlife crime and animal welfare offences which are said to have taken place near Duntreath Castle in April 2012.

The charges, which Marsh has denied, relate to the alleged trapping of a Tawny owl and other associated offences.

His case was continued on Thursday and is expected to conclude in February 2014.

Previous blog post here.

Gamekeeping orgs’ half-witted attempts to blur the truth

Birdcrime 2012Earlier this month the RSPB published two reports: one detailing raptor persecution crimes in Scotland during 2012 (see here) and one detailing raptor persecution crimes throughout the UK in 2012 (see here).

You’d think that the RSPB’s so-called ‘partners’ in the Partnership for Action Against Wildlife Crime (PAW) would welcome the reports, highlighting as they do the continued criminal persecution of birds of prey. That’s what PAW partners are all about, right? Raising public awareness and finding ways of cracking down on wildlife crime?

Apparently not.

Here is the response of the National Gamekeepers’ Organisation to the RSPB’s UK-wide report. In case they decide to remove it from their website, we’ve reproduced it here:

NGO Comments on the RSPB 2013 Birdcrime Report

Saturday 14th Dec 2013

The National Gamekeepers’ Organisation has issued the following comment on publication of the latest edition of the RSPB Birdcrime Report.

A spokesman for the National Gamekeepers’ Organisation said: “The NGO stands for keepering within the law and automatically condemns illegal activity. That is why the NGO is proud to be a member of PAW – the Partnership for Action Against Wildlife Crime. Furthermore, science has proven gamekeepers to be some of the most effective conservationists working in the British countryside today.

Intriguingly the RSPB’s shrill comments on persecution appear to lack the context that is essential for the public to form its own considered opinion. What the RSPB fails to mention in its news release is that the UK’s bird of prey population, taken as a whole, is thriving, with almost all species at record high levels. 

This seems a curious oversight for a charity required by law to educate the public in a balanced manner. This very important omission is intriguing, given the RSPB’s usually conscientious approach to its work. I believe it is fair to ask whether it’s perhaps to encourage charitable donations to the RSPB in the run-up to Christmas, a time of year when people are quick to put their hands in their wallets?

To view the RSPB 2013 Birdcrime Report News Release visit http://www.rspb.org.uk/media/releases/359085-sixty-years-of-protection-but-the-killing-continues

Good god, where do we start? With the bit about gamekeepers being ‘some of the most effective conservationists working in the British countryside today’?!! Or the bit about how we, the general public, are unable to form our own ‘considered opinion’ because the report apparently ‘lacks context’?!!

How about the statement: “What the RSPB fails to mention in its news release is that the UK’s bird of prey population, taken as a whole, is thriving, with almost all species at record high levels“.

The reason the RSPB ‘failed to mention’ this is probably because it’s a big fat massive distortion of the truth! ‘Almost all species at record high levels‘? That would be ‘almost all species’ apart from golden eagle, white-tailed eagle, hen harrier, red kite, goshawk, peregrine; all of which are being held at unnaturally low population levels thanks to illegal persecution, according to countless scientific studies.

And what on earth does ‘taking the UK’s bird of prey population as a whole‘ mean? Where’s the scientific validity of that? It’s absolutely meaningless pseudo-scientific rubbish! It’s like saying there’s no need to be concerned about the near-extinction of rhinos or elephants in Africa because big mammals ‘as a whole’ are doing ok.

sam4Not to be outdone in the idiot stakes, the NGO’s Scottish colleagues at the Scottish Gamekeepers’ Association have published their own statement in response to the RSPB’s Scotland Persecution report.  We’ve reproduced it here:

SGA STATEMENT: RSPB BIRD OF PREY REPORT

Following the release of an unofficial report by the RSPB today on the Illegal Killing of Birds of Prey in 2012, the SGA issued the following response. An SGA Spokesman said: “The RSPB has clearly spent a lot of money in writing this report, which entitles them to put forward their own viewpoint. “With this agenda in mind, it is important, that the public refer to the actual crimes, as published annually by the Scottish Government with information provided officially by the Police and SASA, rather than speculative possible or suspected cases, which are clearly going to confuse the public. “All PAW partners, including ourselves, are fully behind the printing of the official statistics annually, based on actual legal cases, and see no reason why this should change. “While we have been encouraged by the progress made, with the official statistics stating a record of only 3 confirmed cases of illegal poisoning of birds of prey in 2012, reports such as this do little other than damage to on-going partnership efforts designed to reduce crimes against birds of prey. “As stated consistently, the SGA continues to advocate legal means to solving countryside conflicts. Because of this, the clarity and impartiality provided by law is important to us.”

Again, not what you might expect from a PAW ‘partner’. According to the SGA, the public are ‘clearly going to be confused’ by the report’s contents. Really? Is anybody ‘confused’? We’re not – the report presents the facts in the most clear way possible – the illegal persecution of raptors continues to take place on game-shooting estates up and down the country. Our raptors are still being poisoned, trapped, shot, and bludgeoned to death on sporting estates and the majority of the criminals are still avoiding prosecution: we call them The Untouchables.

It’s also interesting to see the SGA continue to peddle the myth that poisoning is in decline. According to our 2013 figures, poisoning in Scotland has actually increased by 66% in this, the Year of Natural Scotland, and that’s not including the discovery of poisoned baits…if we included every single poisoned bait found this year (as each one had the potential to kill at least one raptor had the baits not been discovered and removed), then the figure would jump to a phenomenal 1,333% increase in poisoning!!!

The SGA claims that the RSPB’s report does ‘little other than damage the on-going partnership efforts designed to reduce crimes against birds of prey’. We would argue that the SGA’s continued involvement in the PAW Scotland raptor group, and the NGO’s continued involvement in the English PAW group, does little other than taint the credibility of the PAW concept. In fact it doesn’t just taint it – it soaks it in implausibility. The sooner the other PAW partners realise this and vote these gamekeeping organisations off the panel, the better. PAW is not going to achieve anything as long as some of the ‘partners’ continue to deny and distort the facts. Oh, and harbour convicted wildlife criminals.

Case against gamekeeper George Mutch: part 5

Criminal proceedings against Scottish gamekeeper George Mutch of Kildrummy Estate, Aberdeenshire, continued yesterday at Aberdeen Sheriff Court.

This was the 5th hearing for offences alleged to have taken place in August 2012.

Mutch was facing six charges of alleged wildlife crime. Yesterday he pled not guilty to all six. The court accepted his not guilty plea for two charges (under Section 1 subsection 2A of the Wildlife & Countryside Act: relating to the possession of dead birds) but four other charges remain.

The remaining four charges come under Section 5 subsection 1B of the WCA (relating to the use of a trap for the purpose of taking or killing wild birds) and Section 1 subsection 1A of the WCA (relating to the killing, injuring or taking of wild birds).

An intermediate diet will take place on 17th March 2014, and a provisional trial date has been set for 28th May 2014.

Previous blogs about this case here, here, here and here.

North Yorks still worst place for raptor persecution in 2012

The RSPB has published its 2012 Birdcrime report documenting bird persecution throughout the UK.

North Yorkshire has once again come top of the league for the number of reported crimes against birds of prey (34), with Aberdeenshire a close second with 31 reported incidents. Both counties, of course, include large areas of land used for driven grouse shooting.

The 2012 report includes statistics that are all too familiar: confirmed shootings of short-eared owls, sparrowhawks, buzzards, barn owls, tawny owls, hen harriers, golden eagles, marsh harriers, and peregrines; confirmed nest destruction of peregrines, goshawks and barn owls; confirmed illegal spring-trapping of buzzards, golden eagle and peregrine; other types of illegal trapping (including crow cage traps) of sparrowhawks, tawny owls, buzzards and goshawks; and the confirmed illegal poisoning of ravens, red kites, buzzards, golden eagles, marsh harriers, peregrines, cats and dogs.

Remember, these are just the confirmed incidents. Plenty more ‘probable’ and ‘unconfirmed’ cases, and of course there are all the incidents that went undiscovered/unreported.

Does that sound to you like the game-shooting industry is cleaning up its act?

Well done to the RSPB for their meticulous work and especially for their willingness to share these data with the general public.

RSPB press release here

Download the RSPB’s 2012 Birdcrime report here

The photograph shows the shot hen harrier Bowland Betty, found on a North Yorkshire grouse moor in 2012. Nobody has been brought to justice for her death.

Another Scottish gamekeeper accused of alleged wildlife crimes

The trial of a Scottish gamekeeper accused of a series of alleged wildlife and animal welfare crimes has been adjourned until later this month.

49-year old gamekeeper James Marsh, of Middle Ballewan near Blanefield, Stirling is facing trial for offences alleged to have taken place near Duntreath Castle in April 2012.

We understand the charges include the trapping of a Tawny Owl in a Larsen trap and related welfare offences, and various other charges relating to the possession of a Jay and associated welfare offences.

Marsh denies the charges.

His trial at Stirling Sheriff Court was adjourned in mid-November and will next be heard on 19th December.

RSPB Scotland publishes 2012 persecution report

sam4RSPB Scotland has today published its annual persecution report which documents the known and suspected incidents of  illegal raptor killing throughout Scotland in 2012.

It’s a shame it’s taken so long to get it published, but that minor criticism aside, massive kudos and appreciation to them for their continued meticulous collection of these data and especially their willingness to publish them. Without these reports the general public, and probably the government, would be unaware of exactly what’s going on in our countryside. If we relied upon the ‘official’ figures (i.e. those ‘approved’ by the likes of Scottish Land & Estates, the Scottish Gamekeepers’ Association, Police Scotland etc) we wouldn’t know the half of it.

The 2012 report, just like all the previous 18 reports, makes for grim reading. Sure, it documents a reduction in the number of birds known to have been illegally poisoned last year; some people (guess who?) have spent much of 2013 shouting about this as being evidence of the game-shooting industry cleaning up its act – we know better – the 2013 figures (to date) show no such reduction and in fact show an increase in known poisoning incidents…but more of that next year. Let’s focus on the 2012 report for now.

Three things caught our attention in this report. The first thing was the Foreword by Stuart Housden, RSPB Scotland Director. This is the hardest-hitting Foreword of his that we’ve read. In the past it’s been a bit wishy-washy, with too many platitudes aimed at the landowning and gamekeeping communities and suggestions that the raptor killers are just an unrepresentative minority. This time it’s quite different:

It is evident that a significant number of individuals or estates illegally persecute birds of prey“.

Is this subtle change of language an indication that RSPB Scotland is tiring of the whole ‘partnership-working’ pretensions? Let’s hope so.

The second thing to catch our attention was an entry in Table 3 (page 24): Confirmed incidents of illegal killing or attempted killing (excluding poisoning) of birds of prey in Scotland, 2012

The entry of interest is this:

‘February. Buzzard caught in illegal spring trap. Nr Edzell, Angus’.

There isn’t any further detail about this incident, and it certainly hasn’t been publicised by the Police (no surprise there). However, for reasons that we can’t go in to right now, we are particularly interested in the details of this incident and would ask any blog reader with specific information to contact us, in confidence: raptor.persecution.scotland@hotmail.co.uk

The third thing that caught our attention was the Case Study: Poisoning in Progress (pages 19-20). This case relates to the discovery of poisoned corvids and poisoned bait found in the Borders in May 2012.

We’d blogged about this case in Sept 2012, criticising the Police for not publicising the discovery of poisoned birds and poisoned bait (see here). We also blogged about it in October this year, after the incident was excluded from the ‘raptor persecution’ section in the  Government’s ‘official’ 2012 Wildlife Crime Report (see here). We asked blog readers to contact the Environment Minister and ask why this incident had been excluded. Here is part of the reply received by one of our readers:

You ask why a bird poisoning incident was omitted from the Scottish Government’s first annual report into wildlife crime. I can advise you that the incident in question was not listed in the section on raptor crime because no raptors were involved“.

Now, have a read of the Case Study in the RSPB’s report. Guess what was found at the scene? “The feathers and bones of two dead buzzards, lying beside the old, dried-out carcases of two rabbits, in a wood beside a partridge rearing pen. A dead crow was also found a short distance away“.

That’s a pretty clear indication that raptors were indeed involved.

According to the Case Study report, the rabbits were covered in dead insects (a sure indication of the presence of poison) and they were submitted for toxicology analysis, along with the crow. The buzzards were not submitted as they were considered too decomposed.

The results – all contained the pesticide Bendiocarb.

There was no police follow-up, no search, no nothing. Why not, when there was clear evidence of long-term poisoning at the site? And even better, the site is a very well-known raptor persecution blackspot in the Borders, where many other poisoned raptors have previously been discovered.

It’s just the same old familiar pattern, same shit, same locations, different year. The sooner the Government launches its public consultation on increasing the powers of the SSPCA to allow them to investigate raptor persecution, the better. (Where is that consultation anyway? We heard it would be launched in mid-Oct. No sign yet…)

Anyway, well done and thanks again to RSPB Scotland – funny, lots of poisoning, trapping and shooting incidents but not a single ‘death by tree’ report!!

Download the report: The Illegal Killing of Birds of Prey in Scotland 2012