Committee
Rural Affairs, Islands and Natural Environment Committee 07 December 2022
07 Dec 2022 · S6 · Rural Affairs, Islands and Natural Environment Committee
Item of business
Hunting with Dogs (Scotland) Bill: Stage 2
I thank the committee for letting us participate in this debate, which is an important one. Many of my amendments in the group deal with rabbits, and I will speak to those first. I will deal with amendment 63 separately. During the committee’s evidence sessions, which I heard, I found it really difficult to follow the reasoning behind the inclusion of rabbits in the bill. I think that people who carry out legitimate activities in the countryside fully understand the difference between hares and rabbits, which are significantly different animals. People who live and work in the countryside understand that hares and rabbits live in different sorts of habitats. Hares like to flee and will flee above ground, which is why they live in open fields and are so often seen in the spring in fields of growing crops, whereas rabbits tend to live on the edges of woodlands and fields. If someone is carrying out activities to control rabbits, they can identify them quite easily from the habitats in which they are working and the different size of the animals. In my mind, it is rather lazy to include rabbits because, as I think the minister said, they might be used as an excuse to course hares. That is not the case. For someone who lives in the countryside, as I do, it is like people confusing hay and straw, or barley and wheat. They are substantially different, so there is no reason to conflate them. The only people who might do that are people who are trying to break the law, who will hide behind the fact that they are hunting for rabbits when they are clearly not. Another reason that I have heard for including rabbits is that coursing is carried out at night. I am not sure how that happens, because coursing is carried out by sight. People might go out coursing at night-time and use lights, but they would be breaking the law and they should be prosecuted. I do not believe that there is any reason to include rabbits. I have heard that they suffer more pain than other animals do, such as rats or mice, but I do not believe that that is the case. In this case, there is no evidence that rabbits suffer more than other animals. For that reason alone, I do not believe that it is necessary to include them. I therefore wish rabbits to be removed from the scope of the bill. With regard to other animals, my amendments would exclude weasels, stoats, mink, polecats and ferrets. Polecats and ferrets will be domesticated animals that have gone wild, and stoats and weasels are accepted as a problem. I believe that members of the committee will understand the problems that mustelids cause on islands and the devastation that they can cause to breeding bird populations. They are animals that we are encouraged to control. The Government encourages people to control mink. In the Cairngorms, there has been a mink eradication policy, and there was a mink officer who was responsible for encouraging landowners to kill and remove mink. Mink is a non-native species—they were introduced to this country and escaped from fur farms. It seems perfectly sensible to allow mink, polecats, ferrets, stoats and weasels to be controlled, yet that would not be allowed under the bill. Most of my other amendments in the group are technical, supporting amendments. However, amendment 63 seeks to ensure that, if somebody is hunting an animal and they flush it, they will commit an offence only if they “subsequently” course it. I do not believe that it should be an offence to flush animals from thick growth such as a bramble bush. You might have more than two dogs working to flush an animal. If you subsequently caught it, it could be argued that you have broken the law. You should not be breaking the law if you flush the animal; you should be breaking the law only if you subsequently course it. I will be interested to hear what Colin Smyth says about amendment 110 and the evidence that would be required. It is not clear from his amendment what evidence would be required, who would adjudicate on it, or who would decide whether it was satisfactory. On that basis, I struggle to understand the amendment, but I look forward to hearing more detail when my colleague speaks to it. Those are the amendments that I wish to speak to at this stage. I look forward to the opportunity to debate them. 09:15
In the same item of business
The Convener (Finlay Carson)
Con
Good morning, everyone. Our single item of business today is consideration of the Hunting with Dogs (Scotland) Bill at stage 2. I welcome the Minister for En...
The Convener
Con
Amendment 131, in the name of Liam Kerr, is grouped with amendments 58, 63 to 68, 59, 60, 110, 61 and 62. I invite Liam Kerr to speak to and move amendment 1...
Liam Kerr (North East Scotland) (Con)
Con
Good morning, committee. I am very grateful to you for your consideration of amendment 131. I will explain the thinking that underlies it. Section 1 seeks to...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con)
Con
I welcome amendment 131, which is intended to provide clarity. However, I have received some feedback from stakeholders that the definitions that are referen...
Liam Kerr
Con
I am grateful for that intervention and for the clarity of my friend Rachael Hamilton. I will take that point on board as the debate progresses. I am, as usu...
Edward Mountain (Highlands and Islands) (Con)
Con
I thank the committee for letting us participate in this debate, which is an important one. Many of my amendments in the group deal with rabbits, and I will ...
The Convener
Con
Thank you. I call Colin Smyth to speak to amendment 110 and the other amendments in the group.
Colin Smyth (South Scotland) (Lab)
Lab
I thank the committee for considering my amendment 110, which relates to a defence for a person who is charged with the offence of hunting a wild animal with...
Rachael Hamilton
Con
I ask Colin Smyth what he means by evidence of “state of mind”.
Colin Smyth
Lab
As the bill stands, we would have to interpret whether the individual “reasonably believed” that any of the exceptions applied. In effect, we would have to r...
Edward Mountain
Con
I find that interesting. If the person wrote an email saying that they thought that fox control was necessary, that would justify the position. A paper copy ...
Colin Smyth
Lab
It would be necessary to prove that the exception existed. If there was an email from those who carried out the hunt that contained information about their b...
The Convener
Con
Because we have now heard from the three members who have lodged amendments, members are free to speak before I invite the minister to speak to the amendment...
Ariane Burgess (Highlands and Islands) (Green)
Green
I will speak to Liam Kerr’s amendment 131. I understand that the thinking behind the amendment is to avoid criminalising people who are genuinely walking the...
Edward Mountain
Con
Will the member give way on that point?
Ariane Burgess
Green
No, I will continue. The SSPCA and the Scottish Animal Welfare Commission gave evidence about the distress that is suffered by hunted rabbits. I understand ...
Mercedes Villalba (North East Scotland) (Lab)
Lab
Will the member take an intervention?
Ariane Burgess
Green
I will not take an intervention. I think that the imperative is to ensure that the legislation, when it is passed, does not allow exceptions to become looph...
Mercedes Villalba
Lab
I thank all members who have lodged amendments in the group. I will support amendment 110, in the name of Colin Smyth, and I urge other committee members to...
Edward Mountain
Con
I understand your concerns, but I do not necessarily agree with them. My concern is that, on one side, we have a Government that for very good reasons is try...
Mercedes Villalba
Lab
It is important that we are clear that there is a difference between wildlife control and the issue in the bill, which is hunting with dogs. I object to anim...
Ariane Burgess
Green
I will pick up on the point about mink. The mink projects in Scotland do not use dogs, and the mink population should be controlled under the environmental b...
Rachael Hamilton
Con
Do you think that removing rabbits from the group that are defined as being wild mammals would have an environmental benefit?
Ariane Burgess
Green
I was making a point about mink.
Rachael Hamilton
Con
You were, but I am trying to debate the points that you made earlier by using that idea as a link.
Ariane Burgess
Green
Mink is the link.
Rachael Hamilton
Con
Yes.
Ariane Burgess
Green
As I said in my statement, rabbits are sentient beings and I think that they should be protected. We took a great deal of evidence on that during our committ...
Rachael Hamilton
Con
I know that you will not accept another intervention, but I did want to ask whether you think that a rat is a sentient being.
The Convener
Con
I call the minister.