Meeting of the Parliament (Hybrid) 17 June 2020
This is, indeed, an important bill, and it is right that penalties and powers related to the offences in the bill are brought into line with a more modern understanding of the severity of those offences.
Scottish Labour understands that all animals are sentient. It also understands that we are in the midst of an environmental emergency. The Government’s record on biodiversity is not that strong. One in 11 of Scottish species is threatened with extinction, and there is a serious need for a plan for accelerated action after 2020.
With those two points in mind, my colleague Colin Smyth and I worked hard to reinforce the legislation to make the bill even more meaningful than when it first came to our committee. My sincere thanks go to OneKind, the RSPB, Open Seas, the Sustainable Inshore Fisheries Trust and Scottish Badgers for their input to the bill and for helping us with our amendments.
I am relieved that the nesting and resting places amendments have been agreed to. The devastation of those shelters has been well documented in the bill process, and we know that the harm done can be equivalent to a direct attack—and just as fatal.
I am disappointed that my amendment 61, on marine protected areas, was not agreed to. To base the penalties simply on the value of the fish caught misses the other untold ecosystem damage and the damage to specific marine species that may have been done. Such actions are wildlife offences just as they would be on land, where it is much easier for people to take notice.
However, I welcome the fact that—surprisingly—Alison Johnstone’s amendment 30, on the protection of mountain hares, was agreed to. That protection is long overdue. I am very pleased that the amendment on vicarious liability for the illegal use of traps and snares, which I was supported in lodging by the minister, was agreed to. However, I am disappointed that the other amendments were not supported, given the many suspected incursions in relation to raptors in my region and other issues of which I am keenly aware, involving a small number of managers and landowners.
Briefly, I want to highlight the issue of the extension of the SSPCA’s powers of investigation, which is an issue that has been live since the previous session of the Scottish Parliament in the then Rural Affairs, Climate Change and Environment Committee, of which I was a member. It surely cannot be right that officers can deal with a live animal that is caught in a trap but cannot deal with a nearby trap that has a dead animal in it. As we know, wildlife crime often happens in remote and isolated rural parts of Scotland.
It makes sense for the minister to further investigate the possibility of extending the SSPCA’s powers, including by considering any conflict of interest or governance arrangements implications. The expertise of the SSPCA would be a welcome addition to tackling such crimes in the context of constrained police resources and remote locations.
Finally, I turn to the programme requirements for a more restorative or rehabilitative approach to less serious animal and wildlife crimes. I am very pleased that the minister is acting quickly to commission research on that approach.
In his closing speech for Scottish Labour, my friend and colleague Colin Smyth will highlight some of his amendments that have been agreed to. The protection of animals and wildlife is something that people in Scotland feel impassioned about—and rightly. I have sought to listen to those voices and to strengthen the bill accordingly. Scottish Labour will support the bill today.
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