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  4. MSPs call for clarity on Wildlife and Muirburn Bill

MSPs call for clarity on Wildlife and Muirburn Bill

21st November 2023 | licensing , criminal law | Agriculture and estates

More clarity is needed about how provisions of the Wildlife Management and Muirburn (Scotland) Bill would work in practice, a Holyrood committee has concluded in its stage 1 report on the bill.

In their newly published report, MSPs on the Rural Affairs & Islands Committee call for further information from the Scottish Government before the Parliament debates a measure that has drawn some "polarised" views from interest groups.

The committee agreed it is essential that increased regulation of wildlife traps, grouse moor management and muirburn is proportionate, transparent and workable. It must also balance the protection of birds of prey and other protected species whilst continuing to sustain rural businesses and employment around Scotland’s moorlands.

Areas of clarification the report identifies include:

  • Glue traps: the committee agrees that members of the public should be banned from using or purchasing glue traps, but asks for more information on alternative forms of rodent control appropriate for use in settings where there is an enhanced public health risk. The report also asks for clarification as to why a licensing scheme would not be practical.
  • Measures to address raptor persecution: more information is needed on the levels of recovery of raptor populations on or in the vicinity of grouse moors to enable a view on whether the proposed licence schemes for the use of wildlife traps and for grouse shooting are a proportionate response.
  • Muirburn licensing scheme: the committee supports the principle of additional regulation for making muirburn in Scotland, but members have mixed views about whether the proposed licensing scheme is appropriate. They agree with muirburn as a way of preventing the spread of wildfires, but any licensing scheme needs to be workable and appropriate to accommodate a wide variety of practitioners. They call for further information on an updated muirburn code, with training for practitioners included.  
  • Extension of Scottish SPCA’s investigatory powers: the report asks for further information about the scope of the new powers being given to Scottish SPCA inspectors and whether these will come into effect before a protocol is agreed with Police Scotland.

Key recommendations in the report include: 

  • Ability to suspend a licence: strong concerns were expressed by potential licence applicants around NatureScot’s power (as licence administrator) to suspend or revoke a licence, despite it not being satisfied that an offence has been committed. The committee calls for greater reassurances that this power would not be used in response to vexatious complaints.
  • Wildlife trap licensing scheme: the committee agrees there is a case for a specific offence of trap vandalism to be included in the bill.
  • Annual grouse moor licensing scheme: in response to strong representation from stakeholders, who described the idea of an annual licence of land for killing and taking of birds as "frankly idiotic", the committee recommends that the proposed licensing period should be extended. 
  • Ban on the use of snares: the committee agrees with the ban on the use of "traditional" snares to protect animal welfare. It does not endorse the use of any method of predation control which causes unnecessary suffering to sentient animals or unacceptable risks to non-target species, but is not able to take a view on the use of modified cable restraints.

Convener Finlay Carson MSP commented: "Maintaining the delicate balance between improving wildlife welfare wherever possible whilst safeguarding economic, environmental and conservation considerations is paramount. We hope the clarity the Scottish Government provides in response to this report will enable Parliament to accurately address many of the legitimate but polarised concerns expressed to us by stakeholders.

"Our scrutiny has been extensive, hearing from a wide range of stakeholders with passionate and well-informed views. I’d like to thank all respondents for their written evidence and witnesses for giving evidence."

Read the stage 1 report. The Parliament is expected to debate the bill before Christmas.

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