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Displaying 7545 contributions
Rural Affairs and Islands Committee
Meeting date: 31 May 2023
Finlay Carson
Is there, in practice, a difference between revocation and suspension?
Rural Affairs and Islands Committee
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
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
Meeting date: 31 May 2023
Finlay Carson
It could. Okay.
Rural Affairs and Islands Committee
Meeting date: 31 May 2023
Finlay Carson
Thank you very much.
Rural Affairs and Islands Committee
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
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.
Rural Affairs and Islands Committee
Meeting date: 31 May 2023
Finlay Carson
Is it in the public interest to have an annual licence when there might be no evidence that things have changed? It also takes away some of the certainty that is necessary for investment in grouse moors. Is it really worth an annual review or process? I know that you say that the process will be simple, but is it really needed?
Rural Affairs and Islands Committee
Meeting date: 31 May 2023
Finlay Carson
Thank you. I am sorry—I have no intention to put words in your mouth. I just want some clarity on whether we could make an improvement in the bill.
Rural Affairs and Islands Committee
Meeting date: 31 May 2023
Finlay Carson
This evidence session has been hugely useful. Thank you very much for your contributions. We will now move into private session.
12:48 Meeting continued in private until 12:56.