Hansard

Scottish Labour robustly welcomes heavier sentences—of up to five years in prison and unlimited fines—for serious animal and wildlife crimes. We are supportive of all the recommendations of the ECCLR Committee, of which I am a member. I note for the record that its report was agreed unanimously. We agree with the general principles of the bill, and Scottish Labour recognises animal sentience.

As our convener, Gillian Martin, highlighted, there is strong public interest in ensuring the protection of animals and wildlife. I thank the minister for her response to the committee’s recommendations, which was received in reasonable time to consider—which was most welcome.

Although we recognise the complexities of some of the issues, my colleague Colin Smyth and I will today highlight parts of the bill on which it is our view that the Scottish Government’s response is somewhat disappointing.

As our convener has already outlined, in relation to the destruction of habitats:

“The Committee recommends that the Scottish Government reconsiders its approach to ensure enhanced protections are extended to resting places and breeding sites therefore sentencing can reflect where crimes in effect have equivalent outcomes i.e. in terms of harm to the animal.”

In that respect, the minister’s response is disappointing in relation to badger setts and other habitats, and I would ask her to reconsider it before stage 2. As I understand it, that relates to the law—to legislation—and not to sentencing guidelines. The use of illegal pesticides also does not seem to carry a sentence, although it is likely that would act as a deterrent. The minister’s response to the committee on that is also disappointing.

My colleague Colin Smyth will cover other offences that we agree should be considered as serious crimes.

In January, I attended a meeting organised by Fisheries Management Scotland and Scottish Land & Estates at which there was wide recognition that Atlantic salmon are reaching crisis point and that salmon conservation should become a national priority. Fisheries Management Scotland has indicated its concern that some of the offences in the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003 are not included in the bill, despite fish crime being included in the wildlife crime penalties review group, which was led by Professor Poustie and which reported in November 2015. I ask the minister to confirm what action the Scottish Government intends to take to ensure that our iconic salmon and freshwater fish are better protected and that penalties are commensurate with the potential for damage to those species and to the habitats on which they depend.

Sadly, there have been few prosecutions and convictions for vicarious liability. Some would argue that the introduction of vicarious liability has raised awareness of owner responsibility higher up the agendas of owners. However, the committee has called for

“increased transparency around Crown Office decision-making”,

which in our view is in the public interest. In response to our recommendation that

“the Committee would welcome the concept of vicarious liability being extended to further wildlife offences”,

the minister is interested in hearing what other crimes could be considered. I welcome that, and I therefore ask that the crimes listed could be the same as those that any alleged perpetrator has committed, on the basis of evidence.

I turn to the detection of wildlife crime. The committee argued that we should

“enhance detection and prosecution by expanding the powers of the SSPCA ... as an approach to better resourcing wildlife crime enforcement.”

We are all keenly aware that such crimes happen in remote and hard-to-reach areas of the country and we know only too well that resources are stretched. The combination of poor weather and delayed forensic examination at potential crime sites can compromise prosecution. The Scottish Government argues that the bill should not be delayed to enable further consultation on the extension of those powers.

I recognise that there are complex issues to clarify, but I understand that the SSPCA is working with ministers, officials and Police Scotland to find a suitable solution away from the bill. As Finlay Carson highlighted, the SSPCA has said:

“Now is the right time to establish a taskforce to review enforcement when it comes to tackling wildlife crime in Scotland and allow for the potential of extension of wildlife powers to be discussed in more detail. We believe this group could be established within the next three months.”

The issue was live in the previous session of Parliament, and Scottish Labour asks for a resolution in the current one.