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Displaying 3992 contributions
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
No—that has all been looked at. I will hand over to Norman Munro, who might be able to give you chapter and verse on that. I am not a lawyer, but I trust the advice of Scottish Government lawyers in that regard. Norman might be able to address that specific scenario.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
The scenario that you have put forward is very specific. I go back to what Hugh Dignon said: the proportionality in the bill is based on the evidence that we have had over many years. The issues that were examined in the Werritty review and which were then put to us by way of recommendations potentially needed a licensing scheme to provide the framework for monitoring those measures and ensuring that they could be used as a deterrent against on-going practices.
With all respect, Mr Fairlie, I would just point out that my position, as minister responsible for the bill, is that the advice that I have had from the Scottish Government lawyers is that the measures are proportionate and the bill is ECHR compliant. That is the line that I will be sticking to.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
The bill sets out the framework for the code of practice to be made and for the licensing scheme to be operated in consultation with NatureScot and its stakeholders—
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
I cannot talk about hypothetical situations.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
I am here to talk to every line in the bill. I am not here to look into a possible future situation in which someone is not content that NatureScot may have operated in a certain way. However—
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
Because there is the potential for an incident to be so severe that it might have to suspend a licence quickly.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
I do not understand your question, but I think that Hugh Dignon does.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
I am not involved in the investigation of wildlife crime.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
Actually, that is not the case. In the previous session of Parliament, when we were considering the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill, we heard from a wildlife officer at a round-table session; of the members here today, I think that it was only me and Mr Carson who were at that meeting. There is already a strong relationship between the police and the SSPCA. The wildlife officer at that meeting recognised that there could be an issue with hiding or removing evidence, and they said that it would be regrettable if somebody from the SSPCA were called to a scene and could not gather evidence that would help the investigation.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Gillian Martin
They want the protocols to be established.