Hansard

In 2017, the Cabinet Secretary for Environment, Climate Change and Land Reform commissioned an independent group to look at the environmental impact of grouse moor management.

The group had a clear remit: to examine the environmental impact of grouse moor management practices such as muirburn, the use of medicated grit and mountain hare culls and to advise on the option of licensing grouse shooting businesses. The group was part of a package of measures aimed at tackling the on-going and abhorrent issue of wildlife crime, particularly raptor persecution.

The cabinet secretary’s decision to form the review group was prompted by NatureScot’s May 2017 report, which found that around a third of satellite-tagged golden eagles in Scotland disappeared in suspicious circumstances on or around grouse moors. The Government has stated repeatedly that we intend to bring an end to the illegal killing of raptors and to bring in whatever measures are necessary to achieve that. Addressing wildlife crime remains a key priority for the Government and for me personally.

The independent grouse moor management report, which is also known as the Werritty report, was published in December last year. I would like to record my thanks to Professor Werritty, the members of the review group and their advisers for undertaking their work, as well as the broad range of stakeholders who contributed their views and experience.

Grouse moor management is a complex and controversial issue. It attracts strong views and a great deal of public interest, and I do not underestimate the challenges faced by the review group. I hope that we can all agree that its report takes a comprehensive, evidence-led and balanced approach to the key issues surrounding the management of grouse moors in 21st century Scotland.

I have given full consideration to the recommendations and findings of the grouse moor management group, alongside the evidence that it gave to the Environment, Climate Change and Land Reform Committee earlier this year. I have reviewed the findings from phases 1 and 2 of the Scottish Government-commissioned research on the socioeconomic and biodiversity impacts of grouse moor management. I have also taken into account the recommendations of the independent deer working group and the Committee on Climate Change’s report where they relate to relevant activities such as muirburn.

I have considered all the evidence and views put forward by stakeholders, including through meetings with, for example, the British Association for Shooting and Conservation, the Revive coalition, the Scottish Gamekeepers Association and the Scottish Wildlife Trust. I thank everyone who took the time to share their views with ministers and officials.

After taking into account all that evidence, I have reached the conclusion that there is a need for greater oversight of the practices associated with grouse moor management, including muirburn and the culling of mountain hares.

The key recommendation put forward in the Werritty report is that

“a licensing scheme be introduced for the shooting of grouse”.

That is a recommendation that I accept. However, although I understand why the review group recommended that such a scheme should be introduced if, after five years,

“there is no marked improvement in the ecological sustainability of grouse moor management”,

I believe that the Government needs to act sooner than that and begin developing a licensing scheme now.

As was recently published in our phase 2 research, we recognise the contribution that grouse shooting makes to the rural economy and that the majority of those who are tasked with managing land already follow best practice guidance and care deeply about the countryside and the land that they manage. I cannot, though, ignore the fact that some of the practices associated with grouse moor management, such as muirburn and the use of medicated grit, have the potential to cause serious harm to the environment if the correct procedures are not followed. Neither can I ignore the fact that, despite our many attempts to address this issue, every year, birds of prey continue to be killed or disappear in suspicious circumstances on or around grouse moors.

Since 2007, the Scottish Government has undertaken a range of measures to tackle wildlife crime, including the introduction of vicarious liability, a poisons disposal scheme and restrictions on licences for those operating on land where it is suspected that wildlife crime has taken place. The fact that raptor persecution continues in spite of all those measures suggests that, although regulation from within the grouse shooting industry can be an important factor in driving behavioural change, self-regulation alone will not be enough to end the illegal killing of raptors, and further intervention is now required.

There are many forms that a licensing scheme could take, and I do not propose to go through them all here. We will consult on the detail of the scheme in due course. The basic proposition, however, is that a licence will be required to operate a driven grouse moor business and that, if there is strong evidence of unlawful activity or serious breaches of codes of practice by that business, its licence could be withdrawn.

I recognise that that is a serious sanction, so we would take steps to ensure that no credence was given to any vexatious or malicious claims of malpractice. By introducing licensing arrangements in that way, we will bring our system closer into line with those that apply in other comparable countries, where greater regulation of shooting and hunting is the norm, in order to protect animal welfare and avoid damage to the environment and biodiversity.

When developing the licensing scheme, we will work closely with the Scottish Gamekeepers Association, Scottish Land & Estates, the British Association for Shooting and Conservation and others who represent those who are involved in managing and taking part in grouse shooting.

I will now turn to some of the report’s other recommendations. Muirburn is a complex issue, and the research to date suggests that it can have both beneficial and adverse effects. If it is undertaken without due consideration of all the possible consequences, it has the potential to have a serious negative impact on wildlife and the wider environment. However, it can also bring positive benefits in some cases—for example, by helping to reduce fuel loads, thereby reducing the risk of wildfires. Although I do not believe that a full ban on muirburn, which some have called for, is either necessary or warranted, I am, however, clear that additional regulation, particularly in relation to muirburn on peatland, is required.

In the future, muirburn will be permitted only under licence from NatureScot, regardless of the time of year when it is undertaken, and there will be a statutory ban on burning on peatland except under licence for strictly limited purposes such as habitat restoration.

To reflect the fact that muirburn is undertaken throughout Scotland for a variety of purposes, the measures will apply to all muirburn, not just when it is undertaken in relation to grouse moor management. We will also revisit the definition of “peatland” and take expert advice on whether it should be revised and a stricter definition imposed.

Although some of the measures go further than the recommendations made by the review group, I believe that they are necessary to protect our environment, particularly our peatlands, which, as I know everyone here understands, play a crucial role in our carbon storage and climate change mitigation strategies.

Lastly, I will address some of the recommendations on medicated grit and mountain hares.

On medicated grit, which is a veterinary preparation that is used to suppress parasitic worms in grouse, the Werritty report recommended that the Scottish Environment Protection Agency should initiate a desk-based study to ascertain whether residues of the active chemical flubendazole are present in water bodies. The report also recommended that NatureScot should publish a code of practice on the use of medicated grit and that all land managers should adhere to the code to prevent any risk of contamination or of the substance reaching the human food chain. I can confirm today that the SEPA study has been concluded and that the Government will work with stakeholders to produce guidance on best management practices for the use of medicated grit. We will also convene an expert group to study how best to monitor compliance with the code of practice.

As everyone in the chamber will be aware, earlier this year, the Scottish Parliament voted to support a stage 3 amendment to the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill. The amendment, which granted full protected species status to mountain hares, meets and, in some respects, goes further than the recommendations made by the Werritty review group. The arrangements for the licensing of mountain hare control, where that is deemed necessary, are being progressed as part of the implementation work for the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020.

Turning to what happens next, the Government will shortly introduce a Scottish statutory instrument to commence the provisions in the 2020 act, which give greater protection to mountain hares. We intend that the new arrangements will come into effect at the end of February 2021. Therefore, the open season for killing mountain hares that finishes on that date will be the last such season.

If re-elected, this Government will introduce the necessary legislation in the next Parliament to license grouse moor management and to strengthen the existing legislation on muirburn, including through the introduction of a range of appropriate penalties that could be applied in cases of non-compliance. Any new legislation will, of course, be preceded by full consultation in the normal way.

The Werritty report made more than 40 recommendations, and I am conscious that I have not covered them all. We will publish a full response to all the recommendations later today, alongside SEPA’s desk-based study.

I know that the measures that I have announced today will not be welcomed by everyone. Some will be concerned at what they perceive to be interference in legitimate land management activities. No doubt, others will feel that the Government has not gone far enough. However, it is clear to me that we could not continue with the status quo. We all benefit from our natural environment and we all have a responsibility to ensure that it is not only protected but enriched.

The changes that I have announced strike what I believe to be the right balance. They are not designed to bring an end to grouse shooting. Indeed, those businesses that comply with the law should have no problems at all with licensing. Crucially, however, where there is clear evidence that that is not happening, where agreed standards are not being adhered to or where there is evidence of illegal raptor persecution, there will be a range of effective and transparent mechanisms in place to allow us to address such behaviour.

I look forward to discussing the measures with members of the Parliament and key stakeholders during the coming months.