Committee
Rural Affairs, Islands and Natural Environment Committee 07 December 2022
07 Dec 2022 · S6 · Rural Affairs, Islands and Natural Environment Committee
Item of business
Hunting with Dogs (Scotland) Bill: Stage 2
Good morning, committee. I am very grateful to you for your consideration of amendment 131. I will explain the thinking that underlies it. Section 1 seeks to create offences that will replace the offences that are set out in the Protection of Wild Mammals (Scotland) Act 2002. Section 1 of that act says: “A person who deliberately hunts a wild mammal with a dog commits an offence.” However, under the intended replacement provision in section 1 of the bill, someone will commit an offence if “(a) the person hunts a wild mammal using a dog, and (b) none of the exceptions in sections 3, 5, 6 or 7 apply.” What appears to have been lost in the bill is that it does not include knowledge of the intended use of the dog as part of the offence of hunting a wild mammal. My amendment 131 seeks to insert additional criteria for the commission of the offence, namely that the person knew or ought to have known that hunting a wild mammal was the intended use of the dog. In my view, that will avoid the potential for members of the public to face prosecution for an offence in circumstances where the hunting of a wild mammal using a dog was not their intention—for example, when a dog gives chase to a wild mammal during a walk for exercise purposes. My amendment will provide a clear distinction between those with an intention to hunt wild mammals and those without such an intention. The requirement will enhance enforcement of the legislation by ensuring that Police Scotland can more readily identify perpetrators who have knowledge of the intended use of the dog via evidence gathering.
In the same item of business
The Convener (Finlay Carson)
Con
Good morning, everyone. Our single item of business today is consideration of the Hunting with Dogs (Scotland) Bill at stage 2. I welcome the Minister for En...
The Convener
Con
Amendment 131, in the name of Liam Kerr, is grouped with amendments 58, 63 to 68, 59, 60, 110, 61 and 62. I invite Liam Kerr to speak to and move amendment 1...
Liam Kerr (North East Scotland) (Con)
Con
Good morning, committee. I am very grateful to you for your consideration of amendment 131. I will explain the thinking that underlies it. Section 1 seeks to...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con)
Con
I welcome amendment 131, which is intended to provide clarity. However, I have received some feedback from stakeholders that the definitions that are referen...
Liam Kerr
Con
I am grateful for that intervention and for the clarity of my friend Rachael Hamilton. I will take that point on board as the debate progresses. I am, as usu...
Edward Mountain (Highlands and Islands) (Con)
Con
I thank the committee for letting us participate in this debate, which is an important one. Many of my amendments in the group deal with rabbits, and I will ...
The Convener
Con
Thank you. I call Colin Smyth to speak to amendment 110 and the other amendments in the group.
Colin Smyth (South Scotland) (Lab)
Lab
I thank the committee for considering my amendment 110, which relates to a defence for a person who is charged with the offence of hunting a wild animal with...
Rachael Hamilton
Con
I ask Colin Smyth what he means by evidence of “state of mind”.
Colin Smyth
Lab
As the bill stands, we would have to interpret whether the individual “reasonably believed” that any of the exceptions applied. In effect, we would have to r...
Edward Mountain
Con
I find that interesting. If the person wrote an email saying that they thought that fox control was necessary, that would justify the position. A paper copy ...
Colin Smyth
Lab
It would be necessary to prove that the exception existed. If there was an email from those who carried out the hunt that contained information about their b...
The Convener
Con
Because we have now heard from the three members who have lodged amendments, members are free to speak before I invite the minister to speak to the amendment...
Ariane Burgess (Highlands and Islands) (Green)
Green
I will speak to Liam Kerr’s amendment 131. I understand that the thinking behind the amendment is to avoid criminalising people who are genuinely walking the...
Edward Mountain
Con
Will the member give way on that point?
Ariane Burgess
Green
No, I will continue. The SSPCA and the Scottish Animal Welfare Commission gave evidence about the distress that is suffered by hunted rabbits. I understand ...
Mercedes Villalba (North East Scotland) (Lab)
Lab
Will the member take an intervention?
Ariane Burgess
Green
I will not take an intervention. I think that the imperative is to ensure that the legislation, when it is passed, does not allow exceptions to become looph...
Mercedes Villalba
Lab
I thank all members who have lodged amendments in the group. I will support amendment 110, in the name of Colin Smyth, and I urge other committee members to...
Edward Mountain
Con
I understand your concerns, but I do not necessarily agree with them. My concern is that, on one side, we have a Government that for very good reasons is try...
Mercedes Villalba
Lab
It is important that we are clear that there is a difference between wildlife control and the issue in the bill, which is hunting with dogs. I object to anim...
Ariane Burgess
Green
I will pick up on the point about mink. The mink projects in Scotland do not use dogs, and the mink population should be controlled under the environmental b...
Rachael Hamilton
Con
Do you think that removing rabbits from the group that are defined as being wild mammals would have an environmental benefit?
Ariane Burgess
Green
I was making a point about mink.
Rachael Hamilton
Con
You were, but I am trying to debate the points that you made earlier by using that idea as a link.
Ariane Burgess
Green
Mink is the link.
Rachael Hamilton
Con
Yes.
Ariane Burgess
Green
As I said in my statement, rabbits are sentient beings and I think that they should be protected. We took a great deal of evidence on that during our committ...
Rachael Hamilton
Con
I know that you will not accept another intervention, but I did want to ask whether you think that a rat is a sentient being.
The Convener
Con
I call the minister.