Hansard

Labour will support the general principles of the bill. I thank Emma Harper for introducing it.

Livestock worrying is a problem that should concern not only farmers and crofters, but anyone who has an interest in animal welfare. When collecting evidence on the bill, the Rural Economy and Connectivity Committee heard from Fiona Lovatt from Flock Health Ltd, who said that its research has estimated that the number of livestock attacks might be as high as 10,000 per year. Charlie Adam of the NFUS noted a recent members survey that showed that 72 per cent of its members had been affected by attacks on their livestock.

Although the precise costs that are associated with livestock worrying incidents are hard to identify due to a lack of consistent data, the Scottish Government has indicated that incidents cost an average of £700. Livestock worrying is first and foremost a threat to the welfare of farmed animals, but it is also expensive and stressful for our farmers and crofters.

What is perhaps most concerning is that many stakeholders expressed to the committee the view that livestock worrying is on the rise. It is clear that the issue needs to be addressed, which includes the need to update legislation—although that is by no means a panacea.

Although Labour will be voting to support the general principles of the bill for those reasons, the bill requires substantial changes to make it fit for purpose. My major concerns with the bill lie, as do those of the Rural Economy and Connectivity Committee and the minister, with the enforcement provisions—specifically, those relating to inspecting bodies and the proposed powers of entry, search and seizure without a warrant.

As it stands, the bill would give ministers the power to appoint inspecting bodies to carry out investigations. I absolutely recognise the need for more specialism when it comes to investigating animal welfare and wildlife crimes; indeed, I raised that point during the passage of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Bill. However, I am not convinced that the provisions in this bill are the way to achieve that. As many stakeholders pointed out to the Rural Economy and Connectivity Committee, there is a significant lack of clarity about what exactly is being proposed, and about how, or even whether, the powers would be used.

There is widespread agreement that Police Scotland remains the most appropriate body to lead on livestock worrying investigations. Based on that evidence, I am not convinced that the enabling powers in the bill are useful. Similarly, I have serious reservations about the need for the bill’s provisions allowing entry, search and seizure without a warrant under certain circumstances. I welcome Emma Harper’s commitment to amend those provisions.

Evidence that the committee received called into question what purpose the powers would serve in practice. I am uncomfortable about the prospect of introducing the new powers without any justification. Although similar powers exist in relation to other animal welfare offences, they are not in the Dogs (Protection of Livestock) Act 1953, so they have not been used before in relation to the particular crimes at issue, and I have seen no evidence that they are needed.

Finally, I want to highlight the concerns that have been raised regarding the exemption that the 1953 act provides for dogs that are participating in a hunt, which means that they are not required to be kept under control when they are in a field with sheep. I welcome the clarification that the bill proposes in limiting the application of that exemption

“if and to the extent that the dog is performing the role in question”.

However, some stakeholders have called for the bill to go further on that exemption; their points merit further consideration. The Scottish steering committee of the UK Centre for Animal Law raised that issue and pointed out that

“numerous incidents have been observed in Scotland where packs of foxhounds have been hunting in proximity to flocks of sheep”,

which has caused sheep to panic and run. OneKind called for the exemption for hunting to be revoked altogether, and rightly pointed out that

“Packs of hounds in the vicinity of sheep can cause them considerable stress”,

and, unlike the other exemptions, it is not providing an essential service.

In conclusion I say that although the bill is welcome, it requires change. Many issues were highlighted to the Rural Economy and Connectivity Committee in our evidence sessions. I thank all those who gave evidence, and I thank the clerks for their work on the committee’s stage 1 report, which brings the concerns together.

I look forward to working with the member in charge of the bill over the coming weeks to discuss the issues, and how to ensure that the legislation will work as effectively as possible and ultimately deliver stronger action to help to protect the livestock of Scotland’s farmers and crofters, which is what we all want.