The Official Report is a written record of public meetings of the Parliament and committees.
All Official Reports of meetings in the Debating Chamber of the Scottish Parliament.
All Official Reports of public meetings of committees.
Displaying 456 contributions
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Christine Grahame
I will ask about training in relation to muirburn. Section 10 is on “Application for muirburn licence”. Subsection (3) says:
“An application under subsection (1) ... must be made ... to the Scottish Ministers, and ... in such manner and form as the Scottish Ministers may require”.
Would you consider including in that application a requirement that someone who is applying to carry out muirburn on peatland should confirm that they have undergone training?
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Christine Grahame
You would consider that.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Christine Grahame
That is good. Thank you.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Christine Grahame
I am quite happy. I am looking at section 7(2) and proposed new section 16AA(8) and at the suspension that takes place whether or not the relevant authority is satisfied. I am looking at that and, in my view, you do specify. The bill talks about and defines an “official investigation”, talks about a “relevant authority” and then defines what a “relevant offence” is. A number of other statutes are referred to.
If I am right, it would be a pretty dramatic circumstance if a relevant authority such as NatureScot suspended a licence there and then. Something pretty dramatic and obvious would have to have happened. I think that I am also right in understanding that that could be taken straight to appeal.
I have one thing to ask, although you may be unable to answer. How quickly would an appeal be taken? Would it be like an interim interdict, which can be repealed and removed the next day? Would it be quite quick, depending on circumstance, or would someone sit for months waiting for a criminal prosecution and with their licence suspended or amended? Because of its impact, could the process be accelerated by the sheriff? That is what I am trying to find out. That would be a better way of looking at it. It would depend on the circumstances, but I think that that is an important thing to know.
Rural Affairs and Islands Committee
Meeting date: 21 June 2023
Christine Grahame
I know all about that. I am asking whether, if there has been a breach of the terms of the licence, you would use the term ‘crime’, which would seem to me to move the matter into the area of criminal responsibility, where it must be beyond reasonable doubt and so on.
Rural Affairs and Islands Committee
Meeting date: 21 June 2023
Christine Grahame
Robbie Kernahan did not say what he would suggest as something different.
Rural Affairs and Islands Committee
Meeting date: 21 June 2023
Christine Grahame
Obviously you do not want to compromise the evidence that might be available for a prosecution. Do you therefore accept that those might be the very circumstances in which it would be useful to extend the powers, with limitations? The Government will probably not forgive me for saying this, but the fact is that there are not enough wildlife crime police officers, and the SSPCA will be able to do the early bit and secure the scene until you can take over—in certain circumstances.
Rural Affairs and Islands Committee
Meeting date: 21 June 2023
Christine Grahame
Forgive me—I do not have the bill in front of me, but does it use the word “available” rather than “appropriate”?
Rural Affairs and Islands Committee
Meeting date: 21 June 2023
Christine Grahame
I do not think that that is the right word.
Rural Affairs and Islands Committee
Meeting date: 21 June 2023
Christine Grahame
That is sufficient, is it not, Alasdair? I am just asking because I have to go.