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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 23 January 2026
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Displaying 2705 contributions

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Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

I welcome the debate on this group. The proposed step is a big one for us to take, and it is right that we should consider it carefully. I think that we have struck the right balance, and that the necessary checks and safeguards are in place to ensure that the protocol between the SSPCA and Police Scotland is right. Therefore, I think that we are in the right place on this issue.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

I am happy to discuss amendment 14, and I apologise—that was my mistake.

Amendment 16 requires NatureScot to consult persons who are likely to be interested in and affected by the courses. It is likely that NatureScot may consult relevant parties in creating and approving a training course. However, as the relevant licensing authority, it is chiefly responsible for ensuring that any approved training course covers the standards that are required by the bill and other pieces of legislation. Therefore, it has to be given discretion on what the training course will be, but absolutely in consultation with the practitioners, as I have already stated.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

Please bear with me, convener, as I sort out my papers.

Amendments 59, 60, 69 and 70 are technical amendments that have no practical impact or effect on the provisions of the bill. They simply correct the grammar of provisions that have been amended by the bill to take account of those amendments.

Amendments 59 and 60 remove erroneous conjunctions in section 4(7), and amendments 69 and 70 remove a similar error in section 7(5). I encourage all committee members to vote for the amendments.

I move amendment 59.

Amendment 59 agreed to.

Amendment 60 moved—[Jim Fairlie]—and agreed to.

Section 4, as amended, agreed to.

Section 5 agreed to.

Section 6—Killing and taking of certain birds permitted only on land with section 16AA licence

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

I will take it.

12:00  

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

We will have to agree to disagree.

I turn to amendment 124. As Gillian Martin explained when she spoke to a number of similar amendments during day 1 of stage 2, the changes that amendment 124 would make are not necessary. It would add an additional burden to the Scottish Parliament, despite the fact that established procedures are already in place for changes through secondary legislation, and it could lead to unnecessary delays in adding or removing birds from the list, which could have consequences for the natural environment.

Any amendment to add a new type of bird species to part 1B of schedule 2 to the 1981 act will be subject to the affirmative procedure, so the Parliament will have the opportunity to consider the instrument in draft form, take evidence on it and vote on it. That is the correct procedure for any such amending instruments.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

I give that commitment—we can work with you ahead of stage 3.

Amendment 149 is unnecessary. As I have previously mentioned, established procedures are in place for laying affirmative Scottish statutory instruments, which include the laying of those instruments in draft. In addition, we have included consultation requirements. The special provision that is envisaged in amendment 149 would diminish the efficiency with which business-as-usual legislation might be taken forward. It could also substantially delay the making of regulations that were needed to introduce urgent further protections for peatland muirburn or similar. On that basis, I encourage the committee to vote against amendment 149.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

Let me finish the bit that I was going to say, and then I will come back to that point.

A change in the dates of the muirburn season would be subject to the use of the affirmative procedure, as well as a consultation requirement. Parliament would have an opportunity to consider the instrument in draft, to take evidence on the instrument and to vote on it. That is the correct procedure for any such amendment. That clearly established requirement is set out in the affirmative procedure.

The issue also begs a question about practitioners. They will be involved in setting up the code, and I imagine that they will be far better placed than parliamentarians are to make such decisions.

I urge the committee to vote against amendment 168.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

That is why there is a provision that offences must be relevant to the grouse moor management, which allows NatureScot the flexibility not to take action. It is not required to suspend a licence, but it has the ability to do so if it is convinced that the crime has been committed in the manner that we have spoken about.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

NatureScot has the flexibility to decide that.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 2

Meeting date: 21 February 2024

Jim Fairlie

I simply cannot support amendment 143. As Colin Smyth well knows, if muirburn were not allowed on moors or heath where game is present, it would be impossible to support moorland game or the industry that is enabled by it. That might be Colin Smyth’s intention, but it is definitely not the Scottish Government’s. The bill’s purpose is to allow for the undertaking of muirburn, in properly controlled circumstances, for a range of reasons, including the creation and maintenance of habitats for red grouse or other moorland game, and also, as we have heard, the protection of other ground nesters. I therefore encourage members to vote against amendment 143.