Chamber and committees

The code of practice has not been written yet.

I do not have a draft of the code of practice because it is not me who is drafting it.

Ms Hamilton, you can ask me the question as many times as you want, but the code of practice will be written by NatureScot, in collaboration with stakeholders, after the bill has been passed.

Yes—you make a good point.

The Government did engage with representatives of the estates and business owners. I—

I was quite surprised by it, and afterwards I went and looked at the BRIA. In fact, the BRIA states:

“A wide range of businesses that have previously notified an interest in wildlife management and rodent control were sent the public consultation directly and were encouraged to respond.

These proposals have been informed by two independent reviews that gathered evidence and liaised with stakeholders”.

That, to me, would be business engagement.

I do not know whether Norman Munro wants to comment.

No—that has all been looked at. I will hand over to Norman Munro, who might be able to give you chapter and verse on that. I am not a lawyer, but I trust the advice of Scottish Government lawyers in that regard. Norman might be able to address that specific scenario.

The scenario that you have put forward is very specific. I go back to what Hugh Dignon said: the proportionality in the bill is based on the evidence that we have had over many years. The issues that were examined in the Werritty review and which were then put to us by way of recommendations potentially needed a licensing scheme to provide the framework for monitoring those measures and ensuring that they could be used as a deterrent against on-going practices.

With all respect, Mr Fairlie, I would just point out that my position, as minister responsible for the bill, is that the advice that I have had from the Scottish Government lawyers is that the measures are proportionate and the bill is ECHR compliant. That is the line that I will be sticking to.

The bill sets out the framework for the code of practice to be made and for the licensing scheme to be operated in consultation with NatureScot and its stakeholders—