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The most important point of consideration was the control element. There is a problem under the 2002 act to do with determining whether something was a flagrant breach of what was intended—that people should not chase and kill a mammal—or whether control was lost and the situation was not deliberate. I want people to be able to tell whether the law is being complied with in a given scenario, and that is much more readily clear when there are two dogs rather than three, four, five, six, seven or eight.

Equally, as I have said, the basis of the bill is about protecting wild mammals, and it is far less likely that a wild mammal will be chased and killed by a dog when there are only two dogs—because the person who is taking them should be able to keep them under control—than it is if there are five, six, seven or eight dogs, which can be lost control of more easily. It is much less easy to tell when those numbers of dogs are chasing and killing.

It is about reducing the opportunity for packs of dogs to chase and kill wild mammals. England and Wales have a two-dog limit, which they have found works successfully.

Taking all those things into account, the two-dog limit was, for us, a reasonable baseline from which to start. As members know, we have, in two circumstances, supplemented it with a licensing scheme where no other methods are available.

I can certainly write to the committee with some of what we considered when we developed the two-dog limit.

I understand what you are saying. We are coming at this on the basis of considering how to make things workable, and that will cover a whole series of issues, including timing.

That would not apply to game birds.

I will explain my understanding of that, and I can bring in my team if need be.

To go back to the point about intent, if someone sets out with the purpose of pursuing a combination of game shooting and control of wild mammals, the bill will apply. The two-dog limit will apply and the person will have to comply with the terms of the bill. If they go out only for game shooting—therefore, not in pursuit of a wild mammal and with no intention of pursuing a wild mammal—the bill will not apply. In those circumstances, I expect that, if the dogs that the person was using went after a wild mammal, and that was not the person’s intention, they would not be caught by the bill. However, I appreciate that that needs clarity and I will see whether my colleagues have anything to add to what I have said. Hazel Reilly, from our legal department, will come in.

Our intention is that anyone who sets out to control wildlife in the Scottish countryside should abide by the bill. That means that people who take part in a joint shoot that involves game, which is not caught by the bill, and wild mammals, which is caught by the bill, will be caught by the bill.

That is a really good point—it is similar to the point that Mercedes Villalba raised earlier about the need for review. From the Scottish Government’s perspective, we have an interest in understanding, and a duty to understand, the effect of the laws that we pass and whether the licensing schemes that are developed are working properly. We have a commitment, under the Bute house agreement, to review that across the piece to ensure that that is the case.

NatureScot will be responsible for monitoring, evaluating and reviewing the scheme for its own purposes. When Robbie Kernahan was in front of the committee, he was quite clear that NatureScot embraced that role and would be undertaking it.

Sorry—Hugh Dignon has just reminded me that NatureScot will be publishing the data, which is a helpful form of scrutiny.

That is fine.

Because it is a criminal issue, I will make no assumptions about the reasons for hunts going out in the past. However, I am absolutely confident that the bill, once passed, will stop the illegal activity of chasing and killing an animal in Scotland’s countryside and will facilitate legitimate control under strict circumstances.

I heard that issue being discussed before. Our position on it is that we are not considering provision of compensation.