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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 4 May 2021
  6. Current session: 13 May 2021 to 11 September 2025
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Displaying 5931 contributions

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Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Thank you very much.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Would non-compliance with the code potentially result in an applicant being refused a licence?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

We could spend an awful lot of time on this area. There are issues with NatureScot deciding on the civil burden of proof that a licence should be suspended even if a court does not. There are some difficulties understanding how that will engage with the ECHR.

We will probably write for more clarification on that, because there is some dubiety in our minds about NatureScot’s ability to suspend a licence or the situation in which a police investigation would, in effect, result in the suspension of a licence. We will return to that in writing rather than explore it at the moment. I am still having difficulty in getting my head around it.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Is it in the public interest to have an annual licence when there might be no evidence that things have changed? It also takes away some of the certainty that is necessary for investment in grouse moors. Is it really worth an annual review or process? I know that you say that the process will be simple, but is it really needed?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Thank you. I am sorry—I have no intention to put words in your mouth. I just want some clarity on whether we could make an improvement in the bill.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

This evidence session has been hugely useful. Thank you very much for your contributions. We will now move into private session.

12:48 Meeting continued in private until 12:56.  

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Will land where the peat is more than 40cm deep have to be of a certain area before a licence is required? For example, will it have to be half an acre, three acres or whatever? Unless these areas are looked at in detail, is there not a risk that someone could inadvertently not apply for the right licence, because the peat in some areas of their estate is 40cm deep?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

To know whether it has increased or decreased since 2012 would be helpful, too.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

Therefore, a straightforward police investigation—if someone phones up to say that there is a dead golden eagle on a certain estate and the police investigate—would be grounds for the regulator to suspend a licence.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 31 May 2023

Finlay Carson

That is a concern, if there are potentially people who wish to cause disruption to licensing at particular times of the year.