Chamber and committees

NatureScot still collects the cull returns.

Yes—NatureScot will be collecting cull returns, because it is important for deer management that we all understand the cull numbers.

I challenge the assumption that Asulox was a primary means of controlling bracken, because only 2 per cent of bracken in Scotland was being treated with Asulox, while 98 per cent is managed by other means or is not managed at all.

I agree that there appears to be an overgrowth of bracken, which seems to be increasing, but we do not have solid evidence of that. As part of the process, the Scottish Government commissioned the James Hutton Institute to conduct a review of the evidence, which found some gaps. We do not know exactly where the bracken is, whether and how quickly the spread is increasing, or which land management practices promote bracken and which discourage it.

There is a larger issue here. As part of the round table that the cabinet secretary and I had last week, we spoke with stakeholders, including farmers and environmental charities, who are affected by bracken, to understand what is needed. It sounds as if we need a big picture. The big ask was for guidance. We all agreed that we need more research to fill the data gaps and have a better understanding. We are taking action to move those projects forward because we all agreed that that is a priority.

To follow up on the final point I made my opening remarks, I realise that timing was an issue. Another ask that came from the round table was that we should improve the timing of the communication of decisions.

I had not visited a bracken-infested area when I agreed to go along with the Health and Safety Executive’s decision. I have visited lots of areas of Scotland that have bracken, but not with the specific intention of discussing it when making that decision. Of course, I have spoken to many land managers, including having the conversation that I have just mentioned about natural regeneration coming through bracken.

When I agreed to the Health and Safety Executive’s recommendation on the matter, it was on the basis that it had looked at all the evidence for itself. I have its full report here, which I am happy to go through with the member. I also asked the UK Expert Committee on Pesticides, and we had a report from the chief scientific adviser. I undertook to consider all that evidence in agreeing to the Health and Safety Executive’s advice.

Once again, I challenge the assertion that nothing has been done. Commissioning the James Hutton Institute to undertake a review of the existing evidence was the first step towards understanding where the gaps are, so that we can commission research into those gaps.

After our discussion with the round table last week, we have identified some of the places where the research is most needed and we can take that forward. I would be happy to write to the member about what came out of that round table and how we are going to move the research forward, because that is something that we are all interested in.

Absolutely. Decisions about pesticides, such as this one, are undertaken on behalf of the Scottish Government by the Health and Safety Executive, which is the delegated authority and does that based on all the necessary evidence.

The emergency application concerning Asulox was made at the UK level. The Health and Safety Executive takes evidence, makes a decision and then makes a recommendation to all four UK nations, at which point each of the four nations responds by either accepting the HSE’s recommendation or by taking other action. In this case, DEFRA took another action, which was to call in the refusal and then make a different decision.

When I got the Health and Safety Executive’s recommendation, I asked the UK Expert Committee on Pesticides to take a view on it. In addition, the Scottish Government’s chief scientific adviser took a view. As has every Scottish minister before me, I agreed to go with the HSE’s recommendation. A Scottish minister has never gone against an HSE recommendation. As to why DEFRA took a different decision, I am unfamiliar with its reasons; it has not published them.

I do not have a date for that, but I can get the member that information.

What has changed this year is the Health and Safety Executive’s recommendation. I am happy to go through the reasons for that change, which I have here.

The reasons why, after 10 years of authorising the use of Asulam, the Health and Safety Executive changed its mind this year are as follows.

First, as I have already mentioned, Asulam is considered an endocrine-disrupting chemical, which is a

“substance that alters the ... functions of the ... hormonal system, causing adverse health effects”.

Since 2020, as part of the requirements for making the emergency authorisation, the Health and Safety Executive has asked applicants to provide evidence on that, which they have failed to do. That was one reason. The Health and Safety Executive was not given sufficient evidence by the applicants, which they had been asked for.

A second reason why its use was refused this year was that a new process was being considered that had a new and relevant impurity in it. The data required to evidence the toxicological assessment of that impurity was not submitted, so it could not be assessed.

Another issue is that, in previous years, after emergency applications, Asulam, which is the main chemical, has been found in water in both Scotland and England. The spraying of the chemical in Scotland led to an incident where it exceeded the water quality standard for drinking water, which was above the level for 2022. Such evidence that it was getting into drinking water at above safe levels was another reason for the decision.

The final reason was that, although the HSE recognises the importance of managing bracken for the prevention of Lyme disease and the regeneration of habitat, it points out, and I will read out its exact answer:

“however, while the benefits of controlling bracken are set out, the applicant has indicated that bracken covers 1.5 million hectares in the UK but proposes to treat only 7,500 hectares”—

that is, in the UK—

“meaning that the danger remains in 99.5% of the UK”

and in 98 per cent of Scotland.

“Therefore, the extent of the reduction in danger is unclear and may be low.”

This year, the HSE could not authorise the treating of 2 per cent of Scottish bracken with that chemical because it has ended up in the water, we do not have data that shows that it is safe when it comes to endocrine disruption, and no toxicological data has been supplied about the new impurity in it.

—and from the ground.

As I have said, the paper that we have on the carcinogenic effects of bracken relates to people consuming it—eating it—which is not standard practice in Scotland, so that is not a mechanism—