Meeting of the Parliament 19 March 2024
Clearly, Finlay Carson is setting the tone of the debate today. I will come on to why we have an enabling power.
I turn to my amendments in the group. To put it simply, they will do the following: amendments 4 to 6 will make it an offence for a person to sell or to possess a rodent glue trap. The bill will already make it an offence to use a glue trap, and the Scottish Government has always been clear that it intended to lodge amendments that will also ban their sale and possession. A ban on the sale of glue traps will ensure that members of the public cannot buy those products in Scotland. It will also enable trading standards officers to act against anyone who is selling those products, thereby providing an additional aid to law enforcement. A ban on possession will allow law enforcement officers to remove products from individuals before the products are used. That is especially important, given the severe welfare implications that are associated with use of the products.
In addition, my amendments will remove the offence of purchasing a glue trap. With a full ban on use, sale and possession of glue traps in place, the net effect is that people will be unable to lawfully obtain a glue trap, so the offence of purchasing one will be unnecessary. For those reasons, I encourage members to vote for amendments 4 to 6.
Use of glue traps has already been banned completely in Wales, and England has banned their use by members of the public, so there are already different approaches being taken in two parts of the United Kingdom. The Scottish Government is still engaging in discussions with the UK Government on the matter of an exclusion to the United Kingdom Internal Market Act 2020 in relation to sale and possession of glue traps. A ban on sale and possession of glue traps would have a negligible effect on the market for glue traps in the rest of the UK, so I see no reason for the UK Government not to support such an exclusion.
Discussions about the exclusion will continue, but I see no reason not to take the opportunity to legislate now to ban possession and sale of glue traps. The United Kingdom Internal Market Act 2020 should not be allowed to undermine the power of this Parliament to legislate in areas that are within our devolved competence, so I hope that it will not be used on this occasion to prevent the exclusion.
My amendments 29 to 36 will allow trading standards officers to investigate offences relating to supply and possession of glue traps. Trading standards officers respond to and investigate consumer complaints and conduct routine inspection of businesses to ensure that they are complying with legislation and are not selling prohibited products. Those officers have equivalent powers in relation to other items—for example, their powers were recently extended to cover fireworks. They have a statutory duty to combat illegal trading; it is, therefore, sensible to extend their powers so that they can investigate complaints that a business is continuing to sell glue traps in contravention of the ban. For those reasons, I encourage members to vote for amendments 29 to 36.
14:45The Scottish Government’s position is clear: we should have a comprehensive ban on use, sale and possession of rodent glue traps. We consider that continued use of glue traps is not necessary, and that sufficient alternatives are available. The evidence from countries where glue traps have been banned—including the Republic of Ireland and, most recently, Wales—demonstrates to me that a full ban can be brought in without any negative impacts arising, and that successful control of rodents in settings such as hospitals is possible without the need to resort to glue traps. I see no reason why that would be any different in Scotland.
However, during the bill process I have heard from the British Pest Control Association, which raised concerns that increased rodenticide resistance in rodent populations is a real possibility, which could lead in the future to a situation in which professional controllers have very limited options to deal with infestations in high-risk areas.
Having listened to those concerns and reflected on the need to respond to infestations in a swift manner, I believe that it is prudent to include an enabling power in the bill. It is a helpful addition that will future proof the bill, as we have done in other areas. My amendments 1, 3 and 11 will therefore provide Scottish ministers with the ability to create a tightly regulated authorisation to allow use, possession and sale of glue traps in exceptionally limited circumstances and with several safeguards to reduce animal suffering.