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Displaying 7545 contributions
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
I should mention for the record that the legislation as it stands is probably compliant; the question is how it is applied. We have talked about the code of practice, which is not like any other code of practice. It is more or less like a statutory instrument. If someone does not follow the code of practice, the chances of them getting a licence will be gone. It is regulation, rather than just a code of practice, as has been suggested in relation to deer. It—
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
If you could let me finish the point: if someone does not follow the code of practice, they will not get a licence, so it is like a regulation. There is a perfect storm around whether the code is proportionate. If someone does not follow the code of practice, they do not get a licence, and that has a disproportionate effect on the business, and I think that that is why stakeholders are concerned.
You also said that, because NatureScot is a public body, there is a level of protection there. There is a further area on which we are unclear, in that a licence can be suspended without NatureScot being satisfied that an offence has been committed. That is another very worrying area. If a licence were to be suspended in that way, ECHR may well kick in, because the measure would not be proportionate. That is the concern that we are hearing from stakeholders.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
It is not hypothetical—it is in the bill.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
Minister, why is there a line in the bill that says that NatureScot does not have to be satisfied that an offence is being committed for a relevant body to suspend a licence?
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
I may not be making myself clear. NatureScot will not have a role in it if another relevant body suspects illegality and a licence can be suspended without the agreement of NatureScot.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
But would the SSPCA be a “relevant body” in that respect? In other words, if it had concerns that a law had been broken, might it be able to deal with the issue?
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
Finally, and again for clarity, I note that, with regard to suspension, the legislation talks about an “official investigation”. The bill defines that as
“an investigation by the Police Service of Scotland or any other body that has as one of its functions reporting, for consideration of the question of prosecution, offences alleged to have been committed”.
Are you saying that the SSPCA would absolutely not be covered by that?
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
Absolutely, but the main point is that that would be defined as an “official investigation”, which then relates to other legislation.
I am going to suspend—
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
We move on to the topic of muirburn. Rhoda Grant has the next question.
Rural Affairs and Islands Committee
Meeting date: 28 June 2023
Finlay Carson
You have mentioned the relationship with NatureScot. Can you provide reassurance that those who apply for a licence will not be prosecuted if they follow what they believe is the right way to measure peat depths or whatever but that turns out to be wrong?