To ask the Scottish Executive what action it is taking to prevent the spread of ragwort and other dangerous weeds.
In Scotland, all written complaints received by the Environment and Rural Affairs Department about ragwort, and the other four weeds specified in the Weeds Act 1959 (spear thistle, creeping or field thistle, broad-leaved dock and curled dock) are investigated by the staff in the Department’s Area Offices. The act places responsibility for the control of these weeds on the occupier of the land in question.
Where scheduled weeds are found on agricultural land, the occupier is asked to take control action to control the spread of the weeds. Where weeds are found on other land, the case is referred to the appropriate authority.
Where persuasion fails to secure action, the Executive will serve a notice requiring the occupier to take control action within a specified period. Failure to comply with this notice is an offence, and can lead to prosecution. The Executive has served five notices in the last ten years. It has not been necessary to bring prosecutions in any of these cases.
The Weeds Act 1959 also empowers Scottish ministers to take control action themselves and recover the costs of this action from the occupier of the land.
It is already an offence to plant or otherwise cause to grow in the wild certain invasive non-native plants including giant hogweed (Heracleum mantegazzianum). Penalties on summary conviction include imprisonment for up to six months and/or a fine not exceeding £40,000.
A Horticultural Code of Practice for Scotland was launched on 1 June 2005. This provides practical information on how to help prevent the spread of undesirable plants, including invasive non-native species (this can be found at www.scotland.gov.uk/invasivespecies).