Chamber and committees

Alex Matossian submission of 24 November 2021

PE1859/Q – Retain falconers rights to practice upland falconry in Scotland

My previous submissions dated 26 August and 29 September 2021 (and others’ contributions) should be read before/with this submission, which is focused at the recent Scottish Government’s (SG) 10th November response. That consisted (1) of a description of registration requirements which raptor keepers must abide by in accordance with Section 7, Wildlife and Countryside Act 1981. It lists nine raptor species in Schedule 4, only five of which are likely to be flown by falconers and only one/maybe two of which, Golden Eagle and Northern Goshawk, are utilised at Mountain Hares (MHs). The SG response then (2) details welfare requirements which animal keepers (ie. raptor keepers) must abide by in order to ensure their charges’ needs are met, in accordance with Section 24 the Animal Health and Welfare (Scotland) Act 2006, including “The need for the animals to exhibit normal behaviour patterns”. in my view, whilst the limited legislative ‘facts’ presented are ‘accurate’, they divert attention from the essential crux of the issue to be addressed. The SG response then suggests that the licensing scheme for the control of MHs (they having now been added to Section 5 of the Wildlife and Countryside Act 1981 through controversial late amendment to the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020) ‘does not impact on the ability of falconers to enable their birds to exhibit normal behaviour patterns’. Such a conclusion reverberates entirely hollow to the senses of falconers whose Golden Eagle (or similar large raptor) has remained idle in the autumn of 2021 for the first time, as they are no longer allowed to be legally flown at MHs in Scotland. 

CPPP Committee members should recognise (as should SG) that petition PE1859 has, from the start, been about those falconers utilising or specialising with large birds of prey suitable for hunting MHs, particularly the Golden Eagle to which the MH is primary prey species (including in the wild). It’s entirely irrelevant to this petition (indeed patronising/insulting) to advise in this context “ captive birds of prey can still be used to legally hunt other species, such as grouse or rabbits”. Grouse are suitable quarry for medium/large falcons; rabbits are suitable quarry for medium-sized hawks/buzzards; but neither are suitable quarry, or which could justifiably be habitually flown at, by large eagles (dare I mention, in an earlier response to constituents on this, the SG suggested weasel as a quarry species which falconers can still legally hunt. No falconer would intentionally hunt weasels for the same reason they wouldn’t a skunk).

I have today spoken with a Scottish Hawk Board (SHB) representative and also with a NatureScot (NS) official. It was confirmed that, although the SHB were eventually contacted about the licensing scheme for MH control, it was after the horse had bolted: the SG’s previously-stated commitment, to consult with relevant stakeholders to discuss findings of the Werritty Report immediately following it’s publication in December 2019 (ie. on subject of possible future licensing grouse shooting businesses and/or MH control), never materialised. It was only after a last minute, peak-pandemic  MH amendment the Scottish Greens tabled and then the Act swiftly passed by an SNP/Scottish Greens majority, was contact made with SHB and NS, by which time there was no option for falconers to be thereafter able to legally pursue MHs in Scotland (other than by a technically possible but unrealistic/impractical route via landowner’s licence for the protection of habitat or timber/forestry).

Committee members, please seek further submission/s from NatureScot (NS). Due to unfortunate timing, the CPPPC’s request to NS was received concurrent with the actual relevant official (whose remit/expertise is MHs) being on leave. In his absence a basic NS submission had been composed and forwarded to CPPPC. 

The current legislation does not provide a specific licensable exemption to take wild animals for the purposes of falconry. This is not the case for taking wild birds where a specific licensable exemption for the purposes of falconry IS provided in the legislation. It is only logical that animals and birds should be legislated for equitably and that a licensable means for the purposes of falconry to take wild animals be inserted into Section 16, Subsection 3 of the Wildlife and Countryside Act 1981.

I urge Committee members to avoid apathy where spin and an ‘un’oly alliance’ might seem to be carrying the day over reason; to ensure this petition remains live and that scrutiny continues of SG and their allies about the underhand way in which the ‘MH amendment’ was rushed in, devoid of consideration for its consequences to relevant stakeholders.