Grouse shooting licensing proposals are a ‘legal minefield’

Press Release

The Scottish Government’s proposals for licensing grouse shooting are a ‘legal minefield’ with the capacity to harm rural communities and adversely impact biodiversity, land managers said today.

Scottish Land & Estates (SLE), which represents rural businesses across Scotland, said some of the proposals in the public consultation on the forthcoming Wildlife Management (Grouse) Bill were ‘disproportionate and conceptually flawed’.

In its response to the consultation, which closed today (Wednesday December 14), SLE said that the scope of the proposed licensing scheme had been widened, without supporting evidence, to include wildlife crimes other than raptor persecution – a blatant deviation from the recommendations of the independent review into grouse moor management (known as the Werritty Review).

Elsewhere, proposals to restrict licences on the basis that a crime may have been committed on their property are ‘irrational’, said SLE, on the basis that location does not equal causation.

Ross Ewing, Moorland Director at SLE, said: “Ministers stated that responsible owners and operators had ‘nothing to fear’ from the Scottish Government’s licensing plans. However, our members quite rightly have grave fears about the proposals because it exposes them to punitive sanctions for alleged crimes committed by third parties. This fear is compounded by an apparent lack of procedural safeguards.

“Licences should only be suspended if there is robust evidence that proves that a raptor was killed on the estate by the licence holder, or by someone acting on their instruction. It would be irrational for licence holders to bear responsibility for wrongdoing that is outwith their knowledge or control.

“In designing and implementing the licensing scheme, the Scottish Government needs to ensure that it goes no further than is absolutely necessary to address the policy aim of deterring the illegal persecution of raptors. The inclusion of other types of wildlife crime – that have no correlation with grouse moor management - is disproportionate and conceptually flawed.”

SLE says the consequences of losing a licence to shoot grouse would be significant, not only for the licence holder, but for the rural workers and communities that are sustained by Scotland’s grouse moors.

Mr Ewing added: “Existing deterrents under the criminal law and general licence restrictions are effective, and these proposals – as they are cast – would see sanctions fall in the wrong place. It is only right that a person who commits a crime should be made to suffer the consequences.

“As acknowledged by the Minister in the foreword of the consultation, grouse moor management delivers significant public benefits to Scotland. However, the proposals set out in this consultation stand to put that at risk.”