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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 7 July 2025
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Displaying 1957 contributions

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Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

I will go back to amendment 16, if you do not mind. Obviously, it is a very practical amendment. The Scottish Government often co-designs schemes with practitioners. I am very happy to support the amendment, and I do not see why the Scottish Government should not consider that, on the basis of the experience and knowledge that practitioners have.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

As was articulated by Edward Mountain, the bill should remain focused on the remit of red grouse shooting. Part 1B currently includes only red grouse. However, the bill empowers the Scottish ministers to add further birds to the section 16AA licensing regime, if they think that it is appropriate to do so, via secondary legislation. The consultation preceding the bill did not signal an intention to regulate other species, so that broad enabling power is likely to come as a surprise to rural stakeholders without grouse interests, as that change could have a significant downstream consequence for the sector more broadly.

The bill’s policy memorandum says:

“The purpose of the ... scheme is to address the on-going issue of wildlife crime, and in particular the persecution of raptors, on managed grouse moors.”

The committee agrees with that. The policy memorandum continues:

“It will do this by enabling a licence to be modified, suspended or revoked, where there is robust evidence of raptor persecution or another relevant wildlife crime related to grouse moor management”.

What else would you like me to do, convener?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

That is it. Thank you.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

Minister, section 7 confers a significant enabling power. The bill is about creating a licensing scheme to tackle raptor persecution on grouse moors specifically. As Edward Mountain said, the enabling power means that, in the future, country sports that involve released game birds could be targeted. What would be the trigger for the enabling power being used, and what would be the threshold for monitoring raptor persecution in other country sports?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

I am just trying to compare like with like.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

I have a question on that. If someone was suspected of committing an offence, would they not automatically get their licence suspended?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

Thank you, convener.

I will press amendment 183. In closing, I want to add that I am shocked by the minister. I do not know whether he has been grasped by the civil servants since he has become a minister, but he has done a complete U-turn. He now supports amendment 102 but, when we debated the bill in the chamber at stage 1, he clearly suggested to Ariane Burgess that the muirburn season should be curtailed earlier. I would like the minister to explain why he has done that huge U-turn.

I do not know whether I went into a parallel universe, but I thought that the minister was going to address the point on which I tried to make an intervention. He said that he was going to address the training issue and the Government’s aspiration, given that hundreds of people will be coming forward to get a licence. Closing the season on 31 March will put that training aspiration at a complete loss.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

Yes, but how long would that take, through an investigation?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

A lot of us have been out to see muirburn. If the minister has seen muirburn, did he witness that peat was burned after the muirburn or whether sphagnum moss remained wet where it was a depth of 50cm, which is the current level used in the survey data?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Rachael Hamilton

National survey data of peat at the 50cm depth threshold is currently available. It therefore follows that that definition should be retained to provide land managers with a degree of certainty about what constitutes peatland or non-peatland areas. Before passing regulations about heather and grass burning in England, the then secretary of state George Eustice ensured that peat survey data was available at the requisite threshold.

The provision of de minimis will help to safeguard against issues arising from variable peat depth in small areas by mandating that, to constitute peatland, peat must be of a 50cm depth in a single area of half a hectare or more.

I believe that amendment 169, in the name of Ariane Burgess, is completely unworkable and would unreasonably curtail muirburn activity by stealth. It would also have a Scotland-wide impact, which would rapidly increase fuel load and create a significant risk of wildfire.

On Colin Smyth’s amendment 171, I do not believe that peat depth or a below-ground metric should be used to regulate muirburn, which is an above-ground activity.

I favour the retention of a 50cm peat depth as the defining characteristic of peatland, because national survey data exists at that depth, providing greater certainty to end users. There is no scientific basis for moving to a 30cm depth.