Hansard

All my amendments in the group—amendments 152 to 155—are to do with the requirement to be fit and competent to shoot deer. There are significant concerns in the sector about the firearms licensing implications arising from section 28. I understand that the Scottish Association for Country Sports has written to and spoken with the Minister for Agriculture and Connectivity about it. The bill as drafted would require anyone who is shooting deer in Scotland to be entered on a new register of authorised persons once they have been assessed by NatureScot to be “fit and competent” to shoot deer. Although paragraph 182 of the explanatory notes describes it as a straightforward process for applicants, many issues remain unresolved, including the criteria for satisfaction and how the new test would interact with the existing firearms licensing law.

Self-regulation has served the sector effectively for many years and has maintained high standards voluntarily. There is no scientific or peer-reviewed evidence to support claims that mandatory training is needed for deer welfare. The deer working group said that wounding rates might be 6 to 17 per cent, rather than explicitly confirming whether that was the official evidence. There is no official study into the wounding rates or second shot data that would suggest that mandatory training is required. In fact, I recently submitted an FOI request to Forestry and Land Scotland, asking about its wounding rates. It responded to say that it does not record mis-shots or wounded deer, which I find amazing. Therefore, I wonder on what evidence the Scottish Government is basing the apparent need for mandatory training. The imposition of mandatory training would deter entrants to the sector and reduce the pool of active stalkers at a time when higher culls are being expected and are called for. There is no consideration of grandfather rights for practitioners in the bill—the fact that I have 50 years’ experience does not absolve me from having to be trained by someone who may have only days of experience.

Firearms licensing is wholly reserved to the UK Parliament. Under section 27 of the Firearms Act 1968, police forces must be satisfied that an applicant has good reason for keeping each firearm that they seek to possess. For deer stalking rifles, the good reason is normally demonstrated by a person’s intent and lawful ability to take deer. However, the bill would make it unlawful to shoot deer without being on the authorised register, which would create a direct dependency. If an individual is not on the register, they cannot lawfully shoot deer and, therefore, they may no longer meet the good reason test for possessing a suitable firearm. Therefore, the bill risks undermining the established Great Britain-wide firearms licensing framework, which has just been reviewed by the current UK Government. We would be left with the inevitable chicken-and-egg situation of what comes first, the firearms certificate or being found to be fit and competent? You cannot have one without the other. The two pieces of legislation do not work together, and that will place an unnecessary burden on the chief of police. Police Scotland processes around 9,000 firearms and shotgun certificates annually. Without a robust, streamlined information-sharing mechanism, the proposed system would require up to 8,000 additional checks with NatureScot each year to verify whether an applicant’s status is authorised on the register.

The impact, of course, would not be limited to Scotland. Many certificate holders in England and Wales regularly stalk deer in Scotland, but the 43 police forces in England and Wales currently have no information-sharing protocol with NatureScot. Each case, therefore, would require direct verification of an applicant’s authorised status on a Scottish register, which would place an unsustainable burden on both sides. I do not know how the imposition of those regulations would impact on foreign deer stalkers.

Those pressures would, to my mind, inevitably delay licensing processes, reduce capacity and create significant inconsistency across the UK. The Home Office has already been made aware of the bill in its current form, and I believe that the guide on firearms licensing law would require amendments to address the new Scotland-specific requirements.

I would be delighted if the minister could explain to me what engagement has been had with Police Scotland, the Home Office and NatureScot around that issue, whether the three parties have talked together under his guidance and how people will travel to Scotland from the rest of the UK to manage deer, either professionally or recreationally as a country sport, if they are not on the register in Scotland.

My amendments 152 to 155 acknowledge that fitness to hold a firearms certificate is already demonstrated under the Firearms Act 1968. Given that NatureScot recently wrote to the regulatory committee to say that it already has high standards of training and expertise among practitioners, there does not seem to be any need for the insertion of mandatory training in the bill.

My experience tells me that people travelling from overseas who have gone through tests such as the Jagdschein test, which is a mandatory test in Germany to shoot deer, are no better qualified than somebody like me, who has not been tested. Will they be fit and suitable people? If you have a Jagdschein or a European accreditation for shooting deer, will you be considered fit and competent to shoot deer in Scotland? If not, why not? Where would it put us as far as the UK Withdrawal from the European Union (Continuity) (Scotland) Act is concerned?

So many questions have not been sufficiently answered. My view is that my amendments should stand and that, if you wish to do something different, minister, you should lodge amendments at stage 3 to prove how you have considered firearms licensing across the UK in relation to the requirement for mandatory training. I find no evidence to show that it is required.

I move amendment 152.