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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 5 May 2021
  6. Current session: 12 May 2021 to 15 August 2025
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Displaying 5898 contributions

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Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Our next item of business is an evidence session with the bill team for the Wildlife Management and Muirburn (Scotland) Bill. We have scheduled approximately 90 minutes for the session. I welcome Hugh Dignon, head of the wildlife management unit; Leia Fitzgerald, wildlife legislation team leader; Sam Turner, wildlife management team leader; and Norman Munro, solicitor.

I will kick off the questioning. How did the Scottish Government come to the conclusion that a ban on glue traps was more appropriate than licensing, given that concerns were expressed in the consultation that such a ban might cause problems in settings such as hospitals, schools and hospitality?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Thank you.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

That would help, because there appears to be a lack of firm evidence on the positive or negative effect of the legislation that we have had in the past few years since the last substantive report was done in, I think, 2012. We do not know whether things are improving or getting worse as a result of the legislation that has been put in place since then, such as the increased penalties and so on. In relation to the Werritty recommendations, it is not clear that things are getting worse and that we should have a licensing scheme.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Is there, in practice, a difference between revocation and suspension?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

In section 7—in line 35 on page 10—the bill states that the relevant authority may

“suspend a section 16AA licence if, despite the relevant authority not being satisfied as mentioned in paragraph (b)(ii)—

(i) there is an official investigation or proceedings”.

Will you set out exactly what “an official investigation or proceedings” means, because it reads as though that could be someone phoning the police and the police then investigating. What does that actually mean? That suggests that the relevant authorities need not be satisfied in order to suspend a licence.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Again, it is the word of the law. Someone taking a video of someone pointing a shotgun up in the air might be enough to trigger a police investigation, and that would result in the suspension of a licence even if the relevant authority were not satisfied.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

It could. Okay.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Thank you very much.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Would non-compliance with the code potentially result in an applicant being refused a licence?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

We could spend an awful lot of time on this area. There are issues with NatureScot deciding on the civil burden of proof that a licence should be suspended even if a court does not. There are some difficulties understanding how that will engage with the ECHR.

We will probably write for more clarification on that, because there is some dubiety in our minds about NatureScot’s ability to suspend a licence or the situation in which a police investigation would, in effect, result in the suspension of a licence. We will return to that in writing rather than explore it at the moment. I am still having difficulty in getting my head around it.