I have concerns about this process. I will not rehearse or go over all the arguments, as that has been done adequately by members across the chamber.
Amendment 29—the seal amendment—has been mentioned, and I accept Finlay Carson’s earlier criticism of me for that. The situation was not ideal, although we tried to get the information to the committee to give it a limited chance to scrutinise that as much as it could. Regrettably, that did not happen in this instance.
The Scottish Government has always maintained that large-scale culls of mountain hares are not acceptable if they threaten the hares’ conservation status. That is why we were the first country in the UK to introduce a closed season to protect both brown hares and mountain hares during the breeding season.
It is also why we commissioned the independent grouse moor management group, led by Professor Werritty, to examine the issue closely as part of its remit. The group examined the environmental impact of grouse moor management practices such as muirburn, the use of medicated grit and raptor persecution, and it advised on the option of licensing grouse-shooting businesses. Its members, who were experts in environmental research, environmental law, conservation and land management, spent a year taking evidence and visiting estates. I firmly believe that that consultative, evidence-based approach is the best one.
Although the Scottish Government is still to respond formally to the Werritty report, I can say that the report contains a number of important recommendations relating to mountain hares that I am mindful of today. However, I believe that it would have been better for members to wait until we had the response to that report in full before suggesting legislative changes, rather than lodging pre-emptive stage 3 amendments.
As members will be aware, I represent a rural constituency, and I completely understand and accept that, in a variety of circumstances, the control of hares as well as of other species is essential—for example, to protect new trees, manage grazing impacts and mitigate the spread of disease. I know that many people who undertake those activities care deeply about Scotland’s countryside and its maintenance.
However, I am also mindful of the concerns that have been shared by many—in particular, the concern that mountain hares currently have an unfavourable-inadequate conservation status, and the very real concern among some stakeholders and members of the public over the number of hares that are killed each year.
The mountain hare is a priority species for conservation action under the UK biodiversity action plan, and it is also on the Scottish biodiversity list. That means that it is considered to be of principal importance for biodiversity conservation.
On the numbers, I acknowledge the work that Scottish Natural Heritage, in conjunction with the Game and Wildlife Conservation Trust and those involved with land management, is undertaking to develop and deploy practical methods for estimating hare densities.
I have given amendment 30 a great deal of thought and, in the short time that was available to me, I sought to gather views. I have been inundated with correspondence on the matter, as I know every other member in the chamber has been. I have read about all the points and I have considered them very carefully. One of the most important points for me to understand was how any proposed licensing scheme would operate in practice if hares were to become a protected species, in terms of how that might prevent the large-scale culling of mountain hare and, crucially, how it would allow those with legitimate management responsibilities to continue that work.
Amendment 30 would mean that there would no longer be an open season for mountain hares. Control of their numbers would need to be done under licence all year round and for permitted purposes, such as preventing serous agricultural damage, protecting timber or preventing the spread of disease.
On balance, and notwithstanding our concerns about the late lodging of amendment 30, the Scottish Government has decided to support it. I am content that that move strikes an appropriate balance between the interests of those involved in legitimate land management and protecting an iconic Scottish species.
Having said that, and as I have already suggested, I am not happy with the manner in which the amendment has been advanced. Therefore, although I intend to accept it, I will give careful thought to how any proposed licensing regime will work and to when the protection will come into force. There are still many issues to tease out. I intend to discuss that in detail with stakeholders over the coming months, as part of a proper consultation process.
Mark Ruskell’s amendment 56 on beavers is another addition that was not discussed at any previous stage in the bill process and which was submitted at the last minute. The manuscript element—amendment 56A—was lodged yesterday, just 24 hours before the stage 3 proceedings. I have very serious concerns about the impact that both amendments could have.
Amendment 56 would require Scottish ministers to be satisfied, through the licensing body, Scottish Natural Heritage, that the beaver population is in a favourable conservation status before they would be allowed to issue any licences for any purpose.
Under the current licensing regime, which was introduced by the Government after a process of wide and inclusive consultation and which, I remind members, has been in place for only a year, SNH can issue licences for a number of actions, including ringing or marking animals or introducing them to particular areas.
Amendment 56 would prevent SNH not only from issuing licences to control beaver numbers but from issuing licences to relocate or even to tag beavers. That would mean that we would have no non-lethal options to deploy when beaver dams create large-scale damage to prime agricultural land and no options to assist in studying their behaviour as part of monitoring their welfare. For those reasons, I cannot support amendment 56.
Although the Parliament has had only 24 hours to consider amendment 56A, it is clear that there are fundamental problems with it. Amendment 56A would prevent SNH from issuing a licence for lethal control for any purpose if beavers were found to be in an unfavourable conservation status.
Members will be particularly concerned that Mark Ruskell’s amendment 56A would severely constrain the options to intervene in beaver populations when that was necessary as a matter of public health or if disease were to break out among the beaver population. The proposal would pose a danger to the public as it would to the species.
The Scottish Government has always maintained that beavers should be killed only as a last resort, but that it is essential that we retain the ability to take action, including lethal control, particularly where matters of public health or disease control are concerned.
The Conservation (Natural Habitats, &c) Regulations 1994 already provide that Scottish Natural Heritage cannot grant a licence for anything to do with beavers
“unless they are satisfied—
(a) that there is no satisfactory alternative, and
(b) that the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status”.
The existing law is therefore already framed in a way that ensures that SNH does not issue licences relating to beavers if the licensed activity would be detrimental to beavers being maintained at favourable conservation status. That is proportionate, and it ensures that animal welfare considerations are taken into account while allowing a range of interventions to be carried out when necessary.
I also remind members that beavers became a European protected species only in May last year. Our beaver mitigation strategy is still evolving and we will continue to refine it as we learn more about the animals and how they interact with their environment. On that note, I am happy to assure members that Scottish Natural Heritage is working closely with stakeholders to address potential beaver conflicts. For example, SNH is working with farmers to trial new and innovative measures to reduce the impact of beavers, which should help to reduce the need for such control measures.
I mentioned that the licensing arrangements have been in place for only a year. We must give those measures time to bed in, rather than rushing to make further legislative changes that could have very significant consequences and which Parliament has not had sufficient time to scrutinise.
I hope to see the beaver population start to expand away from high-conflict areas and into suitable habitats where they can thrive and where we can all see the positive benefits that those remarkable eco-engineers can bring.
We must also remember that no one wanted to be in a situation where licences to control beavers would need to be issued. As Murdo Fraser said, it was the unsanctioned release of a colony into prime agricultural land in Tayside that brought about the conflicts that the Government is now seeking to manage sensibly and with consultation.
Amendments 56 and 56A are not only unnecessary but have the potential to be detrimental to the future of beaver colonies in Scotland. The amendments are ill considered and could be detrimental to animal welfare in Scotland. That is why I cannot support them, and Mark Ruskell should not move them.