Chamber and committees

The statutory review of the Animals and Wildlife (Penalties, Protections and Powers) Act 2020 undertaken by the Scottish Government in 2024, acknowledged that decapods currently have no general welfare protection under the 2006 Act; and that this is an area for future policy consideration. Further, the outputs from the 2024 review confirmed our commitment to work collaboratively with Defra to undertake a gap analysis to identify gaps in current research and evidence, and to explore potential solutions to the specific welfare challenges linked to decapods and how they may best be addressed.

The Scottish Government recognises that gamekeepers, farmers, crofters and other land managers can make an important contribution to wildfire prevention and response, including through vegetation management, local knowledge, practical experience, personnel and equipment.

NatureScot has engaged with stakeholders through the Muirburn Code Working Group. That engagement has helped inform the development of the Code, including provisions relating to safe planning, appropriate resourcing, liaison with the Scottish Fire and Rescue Service, and the role of muirburn as a land management tool.

No separate formal assessment has been undertaken specifically of the contribution made by gamekeepers and other land managers to wildfire prevention and response. As no separate assessment has been produced, there are no findings to publish.

However, the knowledge and experience of land managers have been considered through the consultation and stakeholder engagement process, and has informed the development of a Code intended to be practical, proportionate and capable of supporting safe licensed muirburn where appropriate.

The Scottish Government has considered and continues to consider a range of evidence around decapod welfare including the London School of Economics study on decapod and cephalopod sentience, and the Scottish Animal Welfare Commission Case Study on cephalopod sentience. Any future research needs will be informed in due course by the gap analysis we are committed to undertaking in collaboration with Defra.

The Scottish Government is currently working with the other devolved Governments to develop Guidance for the welfare at the time of killing of decapods. The Scottish Government will consider the case for developing statutory welfare standards as part of the wider work and commitment to undertake a gap analysis in collaboration with Defra and our wider evidence-based review to inform future measures to protect decapod welfare.

The Scottish Government has not undertaken any assessment focussed on the welfare implication of live boiling. However, we have previously acknowledged and recognise that the live boiling of decapods is regarded as an inhumane slaughter method. We continue to consider the welfare challenges associated with decapods and assess the available evidence to inform any future measures to protect decapod welfare.

The Scottish Government has not undertaken any such assessment.

NatureScot has worked through iterations of the Muirburn Code of Practice with stakeholders through the Muirburn Code Working Group. Stakeholder views have been considered throughout the development of the Code, including concerns raised most recently by some stakeholders about the workability of the draft provisions.

Following that engagement, NatureScot has worked with stakeholders to revise the Code to ensure that it supports safe and responsible licensed muirburn, while also protecting peatlands, habitats, species and the wider natural environment.

The Code is intended to provide a clear and practical framework for muirburn. It does not prevent muirburn from being undertaken where it is lawful, licensed where required, and carried out safely and appropriately. Where muirburn is proposed for wildfire prevention purposes, NatureScot will consider applications through the licensing process, including the specific circumstances of the land and the purpose of the proposed burning.

The Scottish Government will continue to engage with NatureScot and stakeholders as the licensing regime is implemented, to ensure that the Code remains workable in practice and supports both wildfire prevention and environmental protection.

The approval and commencement of the Code of Practice is a matter reserved to the UK Government. The Secretary of State holds powers under the Equality Act 2006 to commence the Code following Parliamentary scrutiny, and it is the responsibility of the EHRC, as regulator of the Equality Act 2010, to provide statutory guidance in relation to the Act.

Public bodies are also responsible for ensuring that they comply with their legal obligations under the Equality Act 2010, including having regard to statutory guidance from the EHRC.

The Scottish Government’s approach remains grounded in dignity, respect, fairness and the protection of rights for all. That includes protecting the privacy of trans people and others who may be impacted by the Code.

The Scottish Government responded formally to the Equality and Human Rights Commission’s public consultation on the draft Code of Practice on 25 July 2025 setting out our views. We also wrote to the UK Government on in November 2025, reiterating our views on the draft Code.

Trans people, and those presenting in gender non-conforming ways, are valued members of our society and remain protected under the Equality Act 2010 from discrimination and harassment. The Scottish Government’s approach will continue to be grounded in dignity, respect, fairness and the protection of rights for all.

Scottish Ministers wrote to the previous UK Government to raise the issue of decapod welfare, including highlighting concerns about live transport through the postal service, and proposing joint working to address these issues.

In its statutory review of the Animals and Wildlife (Penalties, Protections and Powers) Act 2020 the Scottish Government committed to undertaking, in collaboration with Defra and other devolved administrations, a gap analysis to identify the specific welfare challenges faced by decapods (including live transportation), what evidence there is to inform potential solutions to these challenges, and where further research may be needed.