Meeting of the Parliament 26 June 2025
It is a very apt description of what gulls have been doing for years.
I acknowledge that a balance must be struck between managing nuisance birds and managing conservation and the wider impacts on the ecosystem. However, we must also recognise that there is an inherent risk to people and property as gull numbers increase in human-populated areas.
I recognise that some councils in my constituency are better than others at managing nuisance birds, and some face different challenges in that area. The Scottish Environment Protection Agency uses East Ayrshire Council’s seagull management plan as an example of good work. However, that does not mean that there are no seagull-related issues in East Ayrshire, and even the best councils have limited tools at their disposal.
A constituent of mine moved to Kilmarnock in 2021. In his own words, he
“spent a considerable amount of money on this property including the back garden area for the benefit of my grandchildren. The last two summers have been ruined with the council’s inability to do something about these birds and the pest they have become. My rear garden has become a no-go zone in the summer due to constant swooping when the young gulls are born, and the constant large amounts of toxic bird waste being deposited over my garden area.
I realise that these birds are protected but in doing so then the council/ Scottish Government must be responsible for the impact they are having on residents lives.”
When I raised the issue with the council on behalf of my constituent, it told me that it has no statutory duty to take action against the gulls and that it has no statutory powers to enforce the changes in behaviour that are needed to make a meaningful impact in such situations. In fact, it has said that it cannot stop people from feeding birds. However, it tries to encourage responsible feeding and offers education to that effect in the cases that are brought to its attention.
Neither does the council have any legal powers to require other building owners to follow the hierarchy of controls that are referred to by NatureScot before ultimately applying to it for a licence to remove nests and eggs. That is an action of a responsible property owner.
The approach to gull management needs to change to a proactive whole-system approach, working with residents, businesses and property owners, who each have a role to play. Not only do councils and businesses need the ability to get a licence for control measures, as my colleague Douglas Ross has laid out, but councils need more powers for enforcement in situations where the building owners and occupiers are documented and not managing their premises responsibly.
Gulls are traditionally associated with the sea, and my constituent lives inland, so the only reason that the gulls are there is for a food source. Their natural behaviour and environment have changed because of human interaction. Unless councils are given greater enforcement powers, along with the powers to manage the population, those issues will persist and grow. I hope that the minister will address those key issues in his response.
I once again thank my colleague Douglas Ross for raising this important issue.