Citizen Participation and Public Petitions Committee
Scottish Government submission of 18 October 2021
PE1888/A – Full legal protection for hedgehogs and moles
I refer to your email of 29 July 2021 regarding Petition PE1888 – Full Legal Protection for Hedgehogs and Moles, lodged by Joseph Allan, seeking the Scottish Government’s views on the action called for in the petition, namely calling on the Scottish Parliament to urge the Scottish Government to grant full legal protection to hedgehogs and moles. I apologise for the delay in responding.
The Scottish Government is committed to enhancing biodiversity and to protecting vulnerable species in Scotland.
Neither hedgehog nor mole are on Schedule 5 of the Wildlife and Countryside Act 1981. However, the hedgehog is listed on Appendix III of the Bern Convention and Schedule 6 of the 1981 Act which makes it illegal to kill or capture them using specified methods.
There are no currently no plans to extend the legal protection for hedgehogs, or to their breeding sites, and as such measures are not considered likely to address the issues thought to be affecting the Scottish hedgehog population. These include agricultural intensification in rural areas and loss of suitable habitat in urban/suburban areas, where many housing developments lack easily permeable fences between gardens and the gardens themselves often lack sufficient cover and overgrown areas for use by hedgehogs.
While there is some evidence of a decline in hedgehog numbers, the available information is not sufficient to suggest that the species is in danger of extinction in Scotland. Steps being taken to halt the decline of hedgehogs in our towns and cities include the promotion of green space and green networks, for example through the Green Infrastructure Strategic Intervention managed by NatureScot.
One of the principles in Scottish Planning Policy is that the planning system should seek benefits for biodiversity from new development where possible, including the restoration of degraded habitats and the avoidance of further fragmentation or isolation of habitats.
Planning authorities, and all public bodies, have a duty under the Nature Conservation (Scotland) Act 2004 to further the conservation of biodiversity. This duty must be reflected in development plans and development management decisions.
We are not sure why the petitioner has requested full protection for moles in Scotland. The Scottish Government does not have any definitive data which shows that mole populations are declining. It would be helpful to have the views of the petitioner, Mr Allan, on why he thinks moles should be protected, as we would interested to hear more about the issues he is looking for the Scottish Government to address and what his evidence base is.
As you may be aware, every five years GB’s Statutory Nature Conservation Organisations (NatureScot, Natural England and Natural Resources Wales) working through the Joint Nature Conservation Committee (JNCC), review Schedules 5 and 8 of the Wildlife & Countryside Act 1981 (as amended) through a legislative process known as the Quinquennial Review (QQR). This process is required under the 1981 Act aiming to help ensure the list of protected species is up to date.
The JNCC are currently considering the responses to their consultation. Following the conclusion of the seventh Quinquennial Review the JNCC will submit recommendations for potential changes to the animals and plants listed under schedules 5 and 8 of the Wildlife and Countryside Act 1981, to the UK Government and the devolved administrations.
The Scottish Government will carefully consider any recommendations made by the JNCC and will also undertake a full public consultation before deciding whether to make any changes to the animals listed under the Wildlife and Countryside Act.
We would have to be satisfied that in doing so there would be no detrimental impact to either the individual species or to the wider biodiversity and environmental landscape in Scotland.