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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 5 May 2021
  6. Current session: 12 May 2021 to 28 March 2025
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Displaying 2089 contributions

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Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

Last week, when we talked about annual licensing, I think that I was the only person in the room—that includes NatureScot—who thought that that was a good idea. Has the Government considered whether it could extend the licensing period?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

Returning to the question of proportionality, I would just point out that there are other areas of the law under which you could prosecute me if I did something wrong. I could get jailed, get a big fine and all the rest of it, but you would not be able to tell me, “You have to stop farming sheep on your land.” That is where I see a potential challenge to the bill at some point. Do you accept that that issue could give rise to difficulties for the bill later on?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

Okay. Thank you.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

In relation to the relevant offences and section 16AA licences, RSPB Scotland recommended in written evidence that they should include offences under the Animal Health and Welfare (Scotland) Act 2006. Did the Scottish Government consider that?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

I was looking for some clarification on the wording, but I think that my question has just been answered. I will leave it at that, convener.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

Okay—

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

Something that the convener touched on had crossed my mind. Illegally tampering with a trap could, in effect, result in someone’s licence being suspended. On the one hand, the keeper would lose their house, their job and everything else; on the other hand, the estate might be unable to trade for the entire season. As we work our way through the bill process, I hope that we will iron out the wrinkles, but I wanted to put on the record practitioners’ main concerns about trap tampering.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

No. RSPB Scotland is looking for offences under the Animal Health and Welfare (Scotland) Act 2006 related to animal suffering because of the misuse of live capture bird traps and so on to be included. Have you considered including those offences?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

I will ask a follow-up question. Over the sessions, we have taken lots of evidence from practitioners who are constantly finding traps that have been exposed and should be hidden. I take your point about addressing something that might increase animal cruelty or suffering, but what about protecting the practitioners? That is where they are coming at the issue from—they are not coming at it from any other point of view than the need for some kind of safeguard. With due respect, I will say that a prosecution for vandalism is probably not going to be seen as enough by those who are doing the job legally. They are looking for some balance to ensure that what they do legally in their work cannot be tampered with in a way that could cause them difficulties with law enforcement. Do you understand where they are coming from?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Jim Fairlie

I think that we need to come back to that.