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Wildlife Management and Muirburn (Scotland) Bill

The Bill aims to change:

  • rules around how people can capture and kill certain wild birds and wild animals
  • rules around the making of muirburn (the controlled burning of heather and other plants for land management purposes)

This is a Government bill

The Bill became an Act on 30 April 2024

Introduced: the Bill and its documents

Overview

The Bill is in two main parts. Part 1 deals with wildlife management. It introduces four changes to the law:

  • it makes it an offence to use or buy a glue trap that could be used to catch an animal other than an invertebrate
  • it introduces a licensing scheme for the use of specific traps to catch wild birds and animals, which will require people to complete an approved training course
  • it introduces a licensing scheme for killing certain birds (initially, only red grouse), which will require the landowner to have a licence to allow hunting on their land, and introduces a code of practice for managing that land
  • it makes it possible to have Regulations that would give new powers to inspectors, for example from the SSPCA, to gather evidence around certain wildlife crime offences

Part 2 changes the regulation of muirburn. Muirburn is the burning of heather or other plants to manage the natural environment. It is often carried out to encourage new growth, maintain landscapes and habitats, and reduce the risk of wildfires.

If the Bill passes, people will need a licence to undertake muirburn at any point in the year. There would be different requirements depending on the time of year and whether the muirburn is taking place on peatland or not.

Why the Bill was created

The Bill was developed in response to recommendations made by an independent review of grouse moor management. This report is sometimes referred to as the ‘Werritty Report’.

The Bill aims to address illegal targeting of birds of prey and ensure that the management of grouse moors and related activities are carried out in an environmentally sustainable way, that considers the welfare of wild birds and animals.

Accompanying Documents

Explanatory Notes (269KB, pdf) posted 21 March 2023

Policy Memorandum (395KB, pdf) posted 21 March 2023

Financial Memorandum (287KB, pdf) posted 21 March 2023

Delegated Powers Memorandum (172KB, pdf) posted 21 March 2023

Statements on legislative competence (163KB, pdf) posted 21 March 2023

Accompanying Documents (print versions)

Explanatory Notes (320KB, pdf) posted 21 March 2023

Policy Memorandum (403KB, pdf) posted 21 March 2023

Financial Memorandum (312KB, pdf) posted 21 March 2023

Delegated Powers Memorandum (264KB, pdf) posted 21 March 2023

Statements on legislative competence (161KB, pdf) posted 21 March 2023

Crown Consent

This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research Briefing on the Wildlife Management and Muirburn (Scotland) Bill

The Bill was introduced on 21 March 2023

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Rural Affairs and Islands Committee.

Call for views (closed)

As part of its scrutiny of the Wildlife Management and Muirburn (Scotland) Bill, the Rural Affairs and Islands Committee ran a call for views between 31 March and 5 May 2023.

The Committee received 5,696 submissions in total, 100 from organisations and 5,596 from individuals.

Due to the significant number of individual responses, the Committee has produced two documents:

Read the summary of all responses, produced by SPICe and the Participation and Communities Team (PACT) (4MB, pdf) posted 25 May 2023

Read all the responses submitted by organisations (4MB, pdf) posted 25 May 2023

Timetable for Stage 1

On 19 April 2023, Parliament agreed motion S6M-08622, that consideration of the Wildlife Management and Muirburn (Scotland) Bill at Stage 1 be completed by 6 October 2023.

On 27 September 2023, Parliament agreed motion S6M-10624, that consideration of the Wildlife Management and Muirburn (Scotland) Bill at Stage 1 be extended to 1 December 2023.

Meetings of the lead committee

Correspondence: lead committee

Wildlife Management and Muirburn (Scotland) Bill: Confirmation the Scottish Government will not lodge amendments to ban the sale of glue traps

Letter from the Minister for Energy and the Environment, Gillian Martin, 19 January 2024

Wildlife Management and Muirburn (Scotland) Bill: Summary of progress with developing the Grouse Moor and Muirburn codes of practice

Letter from the Minister for Energy and the Environment, Gillian Martin, 19 January 2024

Wildlife Management and Muirburn (Scotland) Bill - Scottish Government response to Stage 1 report

Letter from the Minister for Energy and the Environment, Gillian Martin, 29 November 2023

Wildlife Management and Muirburn (Scotland) Bill - Regarding the meeting on 8 Nov 2023

Letter from the Clyde Valley Wader Group, 20 November 2023

Wildlife Management and Muirburn (Scotland) Bill

Letter from Scottish Land and Estates, 14 November 2023

See a full list of Stage 1 correspondence for this committee

Stage 1 report by the lead committee

The Rural Affairs and Islands Committee published its report on 20 November 2023.

Wildlife Management and Muirburn (Scotland) Bill Stage 1 Report

The Committee received the following response to its report:

Letter from the Minister for Energy and the Environment

Work by other committees

Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 15 June 2023.

Read the report

Delegated Powers and Law Reform Committee Correspondence

Wildlife Management and Muirburn Scotland Bill response from the Scottish Government

Letter from the Scottish Government to the Delegated Powers and Law Reform Committee, 12 May 2023

Wildlife Management and Muirburn (Scotland) Bill letter to the Scottish Government

Letter from the Delegated Powers and Law Reform Committee to the Scottish Government, 4 May 2023


Finance and Public Administration Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 30 November 2023 to consider and decide on the general principles of the Bill.

  • Motion title: Wildlife Management and Muirburn (Scotland) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Wildlife Management and Muirburn (Scotland) Bill, agrees to any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act.
  • Submitted by: Gillian Martin
  • Date lodged: Tuesday, 28 November 2023
  • Motion reference: S6M-11498
  • Current status: Taken in the Chamber on Thursday, 30 November 2023

See further details of the motion


  • Motion title: Wildlife Management and Muirburn (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Wildlife Management and Muirburn (Scotland) Bill.
  • Submitted by: Gillian Martin
  • Date lodged: Tuesday, 28 November 2023
  • Motion reference: S6M-11496
  • Current status: Taken in the Chamber on Thursday, 30 November 2023

Result 82 for, 32 against, 0 abstained, 15 did not vote Vote Passed

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 30 November 2023

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Timetable for Stage 2

On 17 January 2024, Parliament agreed motion S6M-11890, that consideration of the Wildlife Management and Muirburn (Scotland) Bill at Stage 2 be completed by 9 February 2024.

On 7 February 2024, Parliament agreed motion S6M-12086, that consideration of the Wildlife Management and Muirburn (Scotland) Bill at Stage 2 be extended to 23 February 2024.

First meeting on amendments

Documents with the amendments considered at the meeting held on 7 February 2024:

Revised First Marshalled List of amendments for Stage 2 (465KB, pdf) posted 02 February 2024

Revised First Groupings of amendments for Stage 2 (502KB, pdf) posted 02 February 2024

Second meeting on amendments

Documents with the amendments considered at the meeting held on 21 February 2024:

Second Marshalled List of amendments for Stage 2 (812KB, pdf) posted 09 February 2024

Second Groupings of amendments for Stage 2 (737KB, pdf) posted 09 February 2024

Work by other committees

Delegated Powers and Law Reform Committee

Meetings

Report after Stage 2

The Delegated Powers and Law Reform Committee published its report on the Bill after Stage 2 on 19 March 2024.

Read the report


Revised Documents (print versions)

Revised Explanatory Notes (363KB, pdf) posted 06 March 2024

Revised Financial Memorandum (286KB, pdf) posted 06 March 2024

Supplementary Delegated Powers Memorandum (317KB, pdf) posted 06 March 2024

The Bill ended Stage 2 on 21 February 2024

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Research on the Bill

Read additional research done by the Scottish Parliament on specific parts of the Bill.

Wildlife Management and Muirburn (Scotland) Bill: Consideration ahead of Stage 3

Debate on proposed amendments

Documents with the amendments considered at the meeting held on 19 March 2024:

Marshalled List of amendments for Stage 3 (1MB, pdf) posted 13 March 2024

Supplement to the Marshalled List of amendments for Stage 3 (168KB, pdf) posted 15 March 2024

Timed Groupings of amendments for Stage 3 (1MB, pdf) posted 18 March 2024

Stage 3 Correspondence

Wildlife Management and Muirburn (Scotland) Bill: proposed ban on the sale and possession of rodent glue traps

Letter from the Minister for Agriculture and Connectivity, Jim Fairlie, 28 March 2024

Final debate on the Bill

Once MSPs have decided on the amendments, they debate whether to pass the Bill.

Final version of the Bill

  • Motion title: Wildlife Management and Muirburn (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Wildlife Management and Muirburn (Scotland) Bill be passed.
  • Submitted by: Jim Fairlie
  • Date lodged: Monday, 18 March 2024
  • Motion reference: S6M-12535
  • Current status: Taken in the Chamber on Thursday, 21 March 2024

Result 85 for, 30 against, 0 abstained, 14 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

The Bill ended Stage 3 on 21 March 2024

Bill becomes an Act

The Bill was passed on 21 March 2024 and became an Act on 30 April 2024

Read the Act

Wildlife Management and Muirburn (Scotland) Act 2024