Committee
Rural Affairs and Islands Committee 07 February 2024
07 Feb 2024 · S6 · Rural Affairs and Islands Committee
Item of business
Wildlife Management and Muirburn (Scotland) Bill: Stage 2
My amendment 54 seeks to introduce a comprehensive ban on the use of snares, as is recommended by the Scottish Animal Welfare Commission. The amendment introduces an offence of using a snare or setting one in position either to kill or to take any animal other than a wild bird. It will also be an offence to set a snare in a position where it is likely to cause bodily injury to any such animal coming into contact with it. My provisions set out two very important exceptions, which Colin Smyth is seeking to remove in his amendments, and I will speak to that issue in a moment. As I said in the stage 1 debate, I believe that the Parliament can no longer ignore the weight of evidence that snares lead to unacceptable levels of suffering, not just for wild animals but for domestic animals, which can become trapped in them. The decision to ban the use of snares has not been made lightly or quickly, and my decision takes into account the wealth of evidence and opinion that has been presented to the Parliament on the matter over the years. Unfortunately, even where snares are used in very strict accordance with the conditions set out in the Wildlife and Countryside Act 1981, they remain indiscriminate by their nature and, as such, they pose an unacceptable risk to non-target species, including other wildlife, endangered species and domestic species such as cats. According to the Scottish Animal Welfare Commission, it is estimated that between 21 and 69 per cent of animals caught in snares are non-target species. That is simply unacceptable. More humane methods of wildlife control such as shooting and trapping are available to land managers. Indeed, shooting foxes at night using lamps or thermal scopes remains the predominant method of fox control by a considerable margin. Moreover, alternatives such as live-capture traps are still available where, for example, the lack of a suitable backstop can mean that shooting is not appropriate in certain circumstances. 09:00 I recognise that control of predators is necessary to protect vulnerable species as well as livestock and agriculture and that land managers should be allowed to take action to effectively manage wildlife for those purposes. I am also aware that some people have claimed that the removal of snaring as an option might reduce the ability of land managers to protect ground-nesting species of bird, particularly curlew, lapwing and other wader species of serious conservation concern. However, I remain confident that there are sufficient alternative methods of predator control, which a number of landowners, managers and organisations already use. Those include the RSPB, which has policies to prohibit the use of snares and believes that it is still able to undertake sufficient predator control to protect vulnerable species. The same view was reached by the Welsh Parliament when it banned the use of snares in the Agriculture (Wales) Act 2023, in recognition of poor animal welfare outcomes. I am confident that a ban on the use of snares would not prevent anyone from undertaking necessary wildlife management. In our public consultation on snaring, 70 per cent of respondents supported a complete ban on the use of all snares, including so-called humane cable restraints. It is clear that there is widespread support for that among the general public. Snares are already banned in many European countries, and land managers have adapted. We can learn from that and provide advice and information where that is helpful. Some have called for the ban on the continued use of humane cable restraints under a licensing regime for the purpose of killing and taking an animal. I have carefully considered that and the welfare impacts of such a scheme on target and non-target species, alongside the need to provide for effective predator control.
In the same item of business
The Convener (Finlay Carson)
Con
Good morning, and welcome to the fourth meeting in 2024 of the Rural Affairs and Islands Committee. I remind all those members who are using electronic devic...
The Convener
Con
Amendment 176, in the name of Edward Mountain, is grouped with amendments 106, 4, 107, 108 and 5 to 7.
Edward Mountain (Highlands and Islands) (Con)
Con
I am pleased to be here to speak to my amendments. Before I do so, I will make a full declaration of my interests, so that people are aware of them. I have a...
Colin Smyth (South Scotland) (Lab)
Lab
Amendment 106 relates to the wording of the offence of using a glue trap in section 1 of the bill. A glue trap, as we know, is intended as a restraining trap...
Ariane Burgess (Highlands and Islands) (Green)
Green
I put on the record my sympathy for the intention behind Colin Smyth’s amendments 107 and 108. Glue traps are inhumane and indiscriminate as a pest control t...
The Minister for Energy and the Environment (Gillian Martin)
SNP
Edward Mountain’s amendment 176 would allow members of the public to use glue traps to control rats and mice in educational, catering or medical premises. Th...
The Convener
Con
I call Edward Mountain to wind up and indicate whether he wishes to press or withdraw amendment 176.
Edward Mountain
Con
In some ways, I am actually encouraged by what I have heard this morning, but I would still like to make a few comments in response to what the minister has ...
The Convener
Con
Would you like to comment, minister?
Gillian Martin
SNP
I think that I have made it clear that I am sympathetic to the argument that there might be some settings where we cannot have an infestation and where pest ...
Edward Mountain
Con
On that basis, with the hope that there is light at the end of the tunnel, I am prepared to work with the minister to see if my amendments can be reviewed to...
Colin Smyth
Lab
I am grateful to the minister for her clarity on the definition of “taking” and for the offer to include further information in the explanatory notes. On tha...
Edward Mountain
Con
I will not move amendment 4 on the basis of my earlier explanation. Amendment 4 not moved.
Colin Smyth
Lab
I am grateful to the minister for the offer to work on a possible amendment at stage 3 on the issue covered by amendment 107. On that basis, I will not move ...
Edward Mountain
Con
I will not move amendment 5 for the reasons that I gave earlier. Amendment 5 not moved. Section 2 agreed to. After section 2
Edward Mountain
Con
I am looking forward to fruitful discussions with the minister. Therefore, I am not moving amendments 6 or 7. Amendments 6 and 7 not moved. Section 3 agree...
The Convener
Con
Amendment 54, in the name of the minister, is grouped with amendments 54A, 54B, 54C, 54D, 54E, 54F, 54G, 54H, 54I and 54J.
Gillian Martin
SNP
My amendment 54 seeks to introduce a comprehensive ban on the use of snares, as is recommended by the Scottish Animal Welfare Commission. The amendment intro...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con)
Con
Will the minister take an intervention?
Gillian Martin
SNP
Can I finish my points?
Rachael Hamilton
Con
Yes—sorry. I thought that you had not heard me.
Gillian Martin
SNP
You never know; perhaps I will cover what it is you want to raise, so let me get to the end of my rationale for this.
Rachael Hamilton
Con
My intervention was about a previous issue.
Gillian Martin
SNP
In my view, although humane cable restraints might be an incremental improvement on the traditional style of snare, they do not lead to a significant reducti...
Rachael Hamilton
Con
It is on a previous point, minister. Thank you for taking the intervention. You talked about the ban on snares in Wales, but the fact is that Welsh minister...
Gillian Martin
SNP
Ms Hamilton mentioned a challenge, but there is always the risk of a challenge to any legislation that goes through a Parliament. People are free to challeng...
Rachael Hamilton
Con
Can I get clarification specifically on that?
Gillian Martin
SNP
Convener, I would like to go on and discuss the amendments in Colin Smyth’s name, because I think that I have answered Rachael Hamilton’s points.
The Convener
Con
Yes. Rachael, you will have an opportunity to come in when I call for general views from members.
Rachael Hamilton
Con
Thank you, convener.