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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 4 May 2021
  6. Current session: 13 May 2021 to 16 March 2026
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Displaying 3992 contributions

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Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

As Hugh Dignon has said, this is a compromise position, because people wanted us to go further in this area. I think that that is where a lot of the police criticism has come from—it was about the other position that we were taking, which would have given far more powers to the SSPCA.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

You make a really good point about smaller landowners and crofters who might have to apply for a licence. I would expect NatureScot to take that into consideration and that, when it liaises with stakeholders, it would speak to crofters about how the scheme might impact on them. It should do the same as it puts the licensing scheme together. Again, the scheme cannot be onerous: it cannot place a series of requirements on crofters to prove, measure or provide evidence of things that do not even apply to their land. It would be ridiculous, frankly, if that were the case.

I come back to what I said earlier. I have listened to NatureScot, and I very much get the impression that it wants to work with all sectors that might be affected by the licensing scheme, so it must have buy-in and the application process must not be onerous for people.

Lots of things in the code of practice will not apply to certain landowners, so I come back to the idea that the code should require people to have due regard to items in it rather than the idea that every single item in the code will be relevant to a crofter. Some parts of the code will be relevant to crofters and other parts will be completely irrelevant, so that must be taken into account. The code must be meaningful, must work for everyone who engages in muirburn and must have buy-in from them all.

You mentioned the science and the evolving data. The licensing scheme will enable data to be collected, and that information will be provided to people involved in various scientific efforts relating to peatland, in particular. It will be very helpful to have information on what is happening where, because we do not know what is happening where in relation to muirburn practices on peatland. That will allow us to give evidence to anybody who wants to undertake a scientific survey on the effect of muirburn on peatland. We cannot pre-empt that and say what the effect is—it might be positive or negative—but the code needs to provide flexibility so that NatureScot can react to the evolving science. I cannot look into the future to see what the data will show, but the fact that we will have a licensing scheme that will provide better data on what is happening where might allow the science to develop in a way that has not been possible so far.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

No.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

If we were to be more definitive than that—

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

It comes back to my answer to Rhoda Grant about crofters. The guidance must take into account the different types and acreage of land.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

Peatburn is something else.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

Yes, I think that that is something that we can look into—if it has not already been done. I can check. A number of things might already have been done in that area, but we will look into that.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

That has been discussed, but we have not put anything in the bill and I do not know whether we want to put it into the bill. I must say sorry to Beatrice Wishart, because I missed that part of her question. We might need to leave that to NatureScot.

11:30  

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

This stems from the Werritty review. We looked at some of the things that it flagged up as being other offences that are an issue. It covered the taking of wild birds and wild animals, and the protection of badgers is also in there.

I am aware that not all the offences are relevant in every situation, but Professor Werritty’s review gave support for the list of legislation that is included in section 16AA. The bill includes a power to amend the list through secondary legislation. I want to be clear that the commission of an offence under the listed legislation does not automatically require the licensing authority to suspend or revoke a licence; it might elect not to do so.

I hope that that gives a bit of comfort.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Gillian Martin

Are you talking about tampering with traps?