The Rural Affairs and Islands Stage 1 Report published ahead of debate

Responding to the publication of the Stage 1 report for the Wildlife Management and Muirburn Bill (WMM), a number of areas under discussion require further clarification by the Scottish Government and further recommendations were made by the Rural Affairs and Islands Committee (RAI). 

Clarification is sought on the population recovery of raptors in Scotland, on or near to grouse moors. As this was the initial driver for the WMM Bill, the Scottish Countryside Alliance agree that further reporting on raptor population recovery is essential to allow for an effective, fair and proportionate licensing scheme for grouse shooting, and other moorland management practices. 

The RSPB’s 2022 Birdcrime Report, published on 24 November 2023, provides a summary of the 61 confirmed incidents of raptor persecution in the UK in 2022 which resulted in the deaths of 51 birds of prey. The figure of 61 is 47 fewer than in 2021 when there were 108 incidents of illegal persecution, and considerably lower than the previous 12-year average of 104 confirmed incidents. In Scotland there were 4 confirmed incidents of bird of prey persecution, 13 fewer than the previous year when there were 17 incidents confirmed. Read our full summary of the report here.

Muirburn will always gather strongly opposed views on this historic land management practice, but we cannot ignore the compelling evidence from Deputy Assistant Chief Officer, Bruce Farquharson, the Wildfire Capability Lead at Scottish Fire and Rescue Service. When discussing wildfires he said: 

“In my opinion, and what I have seen when I've gone around the country and spoken with various people, muirburn is by far the most effective because it removes a fuel in its entirely. Cutting is effective to a point, but I use the analogy of attending a fire in the house of a hoarder rather than the house of a minimalist. Cutting would leave a dry layer that actually encourages the spread of fire. Muirburn is absolutely the most effective way of removing the fuel which prevents the wildfire from happening.”

We agree that the practice of muirburn should be available to any properly trained practitioners, under a licence that is fair and proportionate, and with an updated muirburn code of practice.  

During the evidence sessions in front of the RAI Committee, the Scottish Countryside Alliance and partner organisations called for the retention of Humane Cable Restraints for use by experienced practitioners under licence. We note that the Committee is unable to take a view on this issue, and we will await further clarification during the Stage 1 debate in Parliament on Thursday 30 November. In any case, it is now likely that snares will soon be banned in Scotland.

We welcome further scrutiny on creating a specific crime for trap vandalism, and we hope that this will safeguard any future vexatious allegations on the use of “illegal” traps in this situation, whilst ensuring that criminals are appropriately dealt with for committing acts of vandalism.

Granting additional powers to the Scottish Society of Protection of Cruelty for Animals (SSPCA), was another part of the Bill which we did not agree with. The SSPCA, unlike Police Scotland, are not a neutral organisation, and they hold certain prejudices on a number of rural practices. They have been very vocal about their dislike of grouse shooting and predator control and, as a result, our sector would not have confidence in the SSPCA carrying out non-biased investigatory procedures when answering a call to attend a suspected wildlife crime. We would like to see the protocol with Police Scotland agreed prior to the Bill being passed. There are too many questions on how the SSPCA will be adequately trained to allow for effective and confident evidence-gathering at a potential crime scene. Police Scotland have also raised these concerns officially. Training will also have to be funded and this will likely come from the public purse. Rural taxpayers will be forced to pay for something they neither want nor require.

There were also questions raised at the evidence sessions surrounding when a report is deemed a formal investigation. This issue was raised in relation to NatureScot being given the power to revoke or suspend a licence under this Bill, and vexatious allegations. Queries arose as to the exact time a licence can be suspended or taken away. Is it when an incident report number is issued by Police Scotland, or when a formal investigation commences? The Minister remained unclear and uncertain as to what constituted an investigation. Legislation cannot be created until these matters are clarified and understood. When one calls to report any matter, an incident or reference number is created. This would then, under the description from the Minister, constitute an investigation. The Minister made reference to a “crime number”, which we believe is a different process altogether. The Committee is calling for greater reassurance on this matter.

The proposed annual licence for grouse shooting is to be reviewed and the RAI committee support the need for a longer licence period than one year. The Scottish Countryside Alliance would like to see five-year licences being accepted under this Bill, as this duration would allow effective grouse shooting operators to manage their future business bookings effectively. The introduction of a licence will satisfy the requirements of Scottish Government. The question would be why they would wish to jeopardise livelihoods further by restricting these to shorter terms. The future of rural businesses relies on investment and planning.

We look forward to the Stage 1 Debate in the Scottish Parliament on Thursday 30 November, which you can watch here.