Committee
Rural Affairs and Islands Committee 07 February 2024
07 Feb 2024 · S6 · Rural Affairs and Islands Committee
Item of business
Wildlife Management and Muirburn (Scotland) Bill: Stage 2
Edward Mountain’s amendment 176 would allow members of the public to use glue traps to control rats and mice in educational, catering or medical premises. The Scottish Animal Welfare Commission published a report on glue traps that concluded that “animal welfare issues connected with the use of glue traps would justify an immediate outright ban on their sale and use.” Because of the weight of evidence that glue traps are the least humane method of rodent control and that they cause unacceptable levels of suffering to the animals that are caught by them, continuing to allow their use was not considered to be a viable option. More than three quarters of respondents to our consultation also agreed that glue traps should be banned completely in Scotland. In its stage 1 report, the committee stated: “It is clear to the Committee that glue traps do cause suffering to vertebrate animals.” It went on: “The Committee agrees, therefore, that members of the general public should be banned from using or purchasing glue traps.” It is also important to note that professional pest controllers fully support a ban on the use of glue traps by members of the public. Both the UK and Welsh Parliaments have already passed legislation that makes it an offence for members of the public to use them for any purpose. I do not believe that we can ignore the weight of evidence that glue traps lead to unacceptable levels of suffering, not just for rats and mice but for other animals that are not the intended catch but can also become trapped in them. 08:45 I am not entirely sure why Mr Mountain has submitted the amendment in its current form, as it does not really have any support from animal welfare experts or professionals, or from the committee, because it would allow the public to use glue traps. I understand the rationale for setting out circumstances in which glue traps can be used as a last option in the settings that he described. Nevertheless, the amendment would still allow members of the public to have access to such traps. I hope, therefore, that he will not press the amendment. If he does, I would encourage other members to vote against it. Amendments 4 to 7 propose the creation of a licensing scheme to allow pest controllers to continue to use rodent glue traps and provide for associated training requirements on applicants for the use of such traps. I note that the amendments seek to apply the same sort of regime in Scotland for which the UK Government has legislated largely in England. I spoke to the British Pest Control Association in January, when we discussed glue traps, and I welcomed the constructive conversation that I had with its representatives. They explained that the association’s members rarely use glue traps but that, when they do, it is in order to react quickly to an infestation in a high-risk area such as a hospital or food environment. It is worth noting that 11 of the 14 local authority pest control departments from which the committee heard already do not use glue traps at all to control rodents in any setting for which they are responsible. I am sympathetic to what the pest controllers had to say to me in that meeting, because public health is an absolute priority. However, if we were to allow pest controllers to continue to use glue traps in any capacity, that would need to be very tightly regulated in order to ensure that no one got hold of such a trap if they were not supposed to, and that, when the traps were used, there were safeguards in place to reduce animal suffering. I am prepared to give that aspect further consideration. I understand why Edward Mountain has put forward those proposals; however, I do not think that his proposed licensing scheme is workable as it is currently drafted. Amendment 6 would not limit who could undertake the approved training or who could apply for a licence other than “a pest controller”. There would be difficulties in ascertaining who is a pest controller, as there is no standard occupational classification code for pest controllers, no qualifications or licensing are needed to work in the pest control industry, and there is no regulatory authority that oversees them. Those issues mean that it would be very difficult for retailers to restrict sales to so-called professionals, thereby increasing the risk that members of the public would be able to continue to purchase and use glue traps. In addition, there are no requirements to adhere to the standards that are set out in the training course. That could give rise to the inconsistent deployment of glue traps. Those amendments fall far short of providing the reassurance that I need that the risks to animal welfare from using glue traps have been mitigated, so I cannot support them. For all those reasons, I encourage the committee members to vote against them. I turn to Colin Smyth’s amendments. Amendment 106 specifies that the offence of using a glue trap to kill or take an animal includes “restraining”. In my view, with the greatest respect, the amendment is unnecessary. Section 1 of the bill as currently drafted makes it “an offence ... to use a glue trap” to kill or take “any animal other than an invertebrate.” I assure Colin Smyth that the ordinary meaning of “take”, or “taking” as the bill states, would include “restrain”, so it is not necessary to change the wording. Restraining a rodent using a glue trap would be comparable to using a live capture trap in that the animal is considered to be taken from the wild and is under the control of the person who is setting or laying the trap. If that aspect would benefit from more clarification, I could arrange to update the explanatory notes that accompany the bill in order to set that out. On that basis, I ask Mr Smyth not to move amendment 106. If he does so, I would encourage committee members to vote against it. Amendments 107 and 108 would introduce the offence of knowingly causing or permitting the use of a glue trap. As the committee knows, I had initially wanted to include in the bill an offence regarding the sale of glue traps, and it is still my intention to do so at stage 3. However, as work is continuing to be taken forward to secure an exclusion to the UK Internal Market Act 2020, I have not lodged any of my amendments on glue traps at stage 2. Having listened to Colin Smyth’s reasons for including an offence of knowingly causing or permitting the use of a glue trap, I am minded to include that in the bill. He makes a good argument, and I understand it. However, I would like to reflect on the matter a bit further and make sure that the provision is appropriately drafted. I therefore ask Colin Smyth not to move his amendments today so that I can consider the matter further with a view to potentially lodging at stage 3 a suitably redrafted amendment, which we can work on.
In the same item of business
The Convener (Finlay Carson)
Con
Good morning, and welcome to the fourth meeting in 2024 of the Rural Affairs and Islands Committee. I remind all those members who are using electronic devic...
The Convener
Con
Amendment 176, in the name of Edward Mountain, is grouped with amendments 106, 4, 107, 108 and 5 to 7.
Edward Mountain (Highlands and Islands) (Con)
Con
I am pleased to be here to speak to my amendments. Before I do so, I will make a full declaration of my interests, so that people are aware of them. I have a...
Colin Smyth (South Scotland) (Lab)
Lab
Amendment 106 relates to the wording of the offence of using a glue trap in section 1 of the bill. A glue trap, as we know, is intended as a restraining trap...
Ariane Burgess (Highlands and Islands) (Green)
Green
I put on the record my sympathy for the intention behind Colin Smyth’s amendments 107 and 108. Glue traps are inhumane and indiscriminate as a pest control t...
The Minister for Energy and the Environment (Gillian Martin)
SNP
Edward Mountain’s amendment 176 would allow members of the public to use glue traps to control rats and mice in educational, catering or medical premises. Th...
The Convener
Con
I call Edward Mountain to wind up and indicate whether he wishes to press or withdraw amendment 176.
Edward Mountain
Con
In some ways, I am actually encouraged by what I have heard this morning, but I would still like to make a few comments in response to what the minister has ...
The Convener
Con
Would you like to comment, minister?
Gillian Martin
SNP
I think that I have made it clear that I am sympathetic to the argument that there might be some settings where we cannot have an infestation and where pest ...
Edward Mountain
Con
On that basis, with the hope that there is light at the end of the tunnel, I am prepared to work with the minister to see if my amendments can be reviewed to...
Colin Smyth
Lab
I am grateful to the minister for her clarity on the definition of “taking” and for the offer to include further information in the explanatory notes. On tha...
Edward Mountain
Con
I will not move amendment 4 on the basis of my earlier explanation. Amendment 4 not moved.
Colin Smyth
Lab
I am grateful to the minister for the offer to work on a possible amendment at stage 3 on the issue covered by amendment 107. On that basis, I will not move ...
Edward Mountain
Con
I will not move amendment 5 for the reasons that I gave earlier. Amendment 5 not moved. Section 2 agreed to. After section 2
Edward Mountain
Con
I am looking forward to fruitful discussions with the minister. Therefore, I am not moving amendments 6 or 7. Amendments 6 and 7 not moved. Section 3 agree...
The Convener
Con
Amendment 54, in the name of the minister, is grouped with amendments 54A, 54B, 54C, 54D, 54E, 54F, 54G, 54H, 54I and 54J.
Gillian Martin
SNP
My amendment 54 seeks to introduce a comprehensive ban on the use of snares, as is recommended by the Scottish Animal Welfare Commission. The amendment intro...
Rachael Hamilton (Ettrick, Roxburgh and Berwickshire) (Con)
Con
Will the minister take an intervention?
Gillian Martin
SNP
Can I finish my points?
Rachael Hamilton
Con
Yes—sorry. I thought that you had not heard me.
Gillian Martin
SNP
You never know; perhaps I will cover what it is you want to raise, so let me get to the end of my rationale for this.
Rachael Hamilton
Con
My intervention was about a previous issue.
Gillian Martin
SNP
In my view, although humane cable restraints might be an incremental improvement on the traditional style of snare, they do not lead to a significant reducti...
Rachael Hamilton
Con
It is on a previous point, minister. Thank you for taking the intervention. You talked about the ban on snares in Wales, but the fact is that Welsh minister...
Gillian Martin
SNP
Ms Hamilton mentioned a challenge, but there is always the risk of a challenge to any legislation that goes through a Parliament. People are free to challeng...
Rachael Hamilton
Con
Can I get clarification specifically on that?
Gillian Martin
SNP
Convener, I would like to go on and discuss the amendments in Colin Smyth’s name, because I think that I have answered Rachael Hamilton’s points.
The Convener
Con
Yes. Rachael, you will have an opportunity to come in when I call for general views from members.
Rachael Hamilton
Con
Thank you, convener.