Transport and the Environment Committee, 09 Nov 2001

Meeting date: Friday, November 9, 2001

Official Report 319KB pdf

---

Subordinate Legislation

---

Fossil Fuel Levy (Scotland) Amendment Regulations 2001 (SSI 2001/335)

Under agenda item 4, we have two instruments to consider under the negative procedure. The first is SSI 335, the Fossil Fuel Levy (Scotland) Amendment Regulations 2001. The instrument was laid on 2 October 2001. An Executive note accompanies the regulations, as does a letter to the Presiding Officer explaining the reasons for the breach of the 21-day rule in the laying of the instrument. The time for parliamentary action expires on 22 November and we have to report by 19 November. The Subordinate Legislation Committee considered the instrument at its meeting on 23 October and agreed that the attention of the Parliament need not be drawn to it. Do members agree that this committee has no recommendation to make?

Members indicated agreement.

---

Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001 (SSI 2001/337)

The second instrument is SSI 337, the Wildlife and Countryside Act 1981 (Amendment) (Scotland) Regulations 2001. The instrument was laid on 2 October. An Executive note accompanies the regulations, as do extracts from relevant European Union legislation. The time for parliamentary action expires on 22 November. This committee is required to report on the instrument by 19 November. The Subordinate Legislation Committee considered the instrument on 23 October and determined that the attention of the Parliament need not be drawn to the instrument.

The purpose of the instrument is to aid conservation of capercaillie by introducing a statutory ban on hunting. As members know, the committee has already considered that issue, when we discussed a petition on reversing the decline in capercaillie numbers. The committee has expressed support in the past for measures that safeguard the capercaillie.

I welcome the instrument very much. It is right that this magnificent bird should have enhanced protection. The problem is how enforceable that protection is. I am pleased by the Executive's assurance that it will accelerate its consideration of legislation on wildlife and for crime against wildlife. Our capacity to enforce legislation for such crime is woefully inadequate and urgently needs upgrading.

I welcome the legislation, which is long overdue. The committee has previously considered fencing, which causes so many problems to capercaillies. However, a simple solution is to put reflective strips every 15ft along fences, which would stop or much reduce the problem. Has that solution been considered?

It is funny that you should say that. I visited an RSPB reserve that is near Aviemore. The capercaillie is described as a daft bird and we had to help a daft bird at that reserve.

John Scott's suggestion will be in the Official Report and we will consider that issue at a later meeting.

I, too, welcome the legislation. I have seen a capercaillie once only, beside the River Orchy in Glen Orchy. They are magnificent birds. A thousand only are left and it would be a shame if they were to be lost to us.

Supportive comments have been made. Do members agree that we have no recommendation to make on the instrument?

Members indicated agreement.