Chamber and committees

I refer the member to the answer to question S4W-16045 on 22 July 2013. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

There are currently 109 wildlife crime officers operating across Police Scotland and they play a critical role in the fight against wildlife crime in Scotland. Operationally based within the Specialist Crime Division of Police Scotland, there are five full-time wildlife crime liaison officer’s (WCLO) and nine part-time WCLO posts.

In addition there is also a full-time wildlife crime coordinator (policy) and 95 part-time wildlife crime officers. The deployment of these officers within Police Scotland is an operational matter for the Chief Constable.

I refer the member to the answer to question S4W-15766 on 18 July 2013. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

The Scottish Government does not believe that further legislation to protect white-tailed eagles, or any other bird of prey, and their nests is necessary and therefore, at this time, has no plans to introduce any further legislation in this respect. However on 1 July 2013 the Scottish Government announced a number of new measures aimed at tackling wildlife crime as set out in the answer to question S4W-15812 on 15 July 2013 and it would be inappropriate to prejudice or constrain the work of the proposed review of how wildlife crime is treated in the criminal justice system.

All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.

Under the Wildlife and Countryside Act 1981, birds of prey, including white-tailed eagles, are protected. The provisions of the Act make it an offence if a person recklessly or intentionally kills, injures or takes a bird of prey.

It is also an offence under the Wildlife and Countryside Act to: take, damage, destroy or otherwise interfere with a bird of prey nest, including white-tailed eagle, whether in use or being built; obstruct or prevent a bird of prey, including white-tailed eagle, from using its nest; take or destroy the egg of a bird of prey, including white-tailed eagle; intentionally or recklessly disturb a bird of prey, including white-tailed eagle while it is in a nest or is building a nest, or is on, in or near a nest containing eggs or young; and intentionally or recklessly disturb the dependent young of a bird of prey, including white-tailed eagle.

White-tailed eagles are also listed on Schedules A1 and 1A of the Wildlife and Countryside Act 1981. The Wildlife and Countryside Act 1981 (Variation of Schedules A1 and 1A (Scotland) Order 2013) came into force on 18th March 2013 and added golden eagle to Schedule A1 and 1A of the Wildlife and Countryside Act 1981 and hen harrier and red kite to Schedule 1A only. Schedule A1 of the 1981 Act lists bird species whose nests are protected at all times from disturbance, including outwith the breeding season and Schedule 1A of the 1981 Act lists those bird species which are protected from harassment.

The Wildlife and Natural Environment (Scotland) Act 2011 inserted provisions relating to vicarious liability for certain offences into the Wildlife and Countryside Act 1981. The new provisions were the subject of careful consideration by the Scottish Government Legal Department and by Parliamentary Counsel, as well as by the Parliament.

The new provisions came into force in January 2012. Vicarious liability can be considered in relation to all relevant offences that are investigated or prosecuted. When any investigation for a relevant offence is ongoing, the possibility of an arrest or prosecution under the vicarious liability provisions will be considered.

However, to date vicarious liability has not so far been tested in the courts. Decisions on what charges to bring in any case are solely a matter for the Crown Office and Procurator Fiscal Service. The Scottish Government has no reason to believe that the vicarious liability provisions are not robust.

The Scottish Government does not track the location of eagle nests directly, however Scottish Natural Heritage (SNH) and the Joint Nature Conservation Committee fund periodic surveys of all known golden eagle territories in Scotland. The surveys are undertaken by the Raptor Study Group and RSPB and the next survey is due in 2015. For the reintroduced white-tailed eagle, SNH contracts RSPB to monitor all the territories in Scotland on an annual basis.

The Scottish Government does not inform landowners or occupiers of nests on their land. Eagles are territorial birds which hold a territory all year, and in the case of golden eagle are usually long established. There are usually several nests within a territory which get used alternately, although some may only have one or certain favoured nests. Most landowners and occupiers are aware of the presence of eagles on their land, though may not know all nest sites. With golden eagles those people monitoring the territory will often inform the landowner of the nest, but this does not always happen and in some cases information is not shared due to suspicions about persecution or disturbance. With white-tailed eagles, the RSPB does inform landowners or occupiers without publicising the locations more widely.

The Scottish Government announced on 1 July 2013 that a group would be set up to carry out a review to report to ministers on how wildlife crime is treated within the criminal justice system, including examining whether the penalties available for wildlife crime properly reflect the seriousness of the damage caused to vulnerable wildlife and fragile habitats and ecosystems. Part of this review will also consider whether the maximum sentences available are an adequate deterrent.

On 1 July 2013 the Scottish Government announced new measures aimed at tackling wildlife crime. These are:

The Lord Advocate has instructed the specialist prosecutors in the Wildlife and Environmental Crime Unit to work with Police Scotland to ensure that law enforcement utilises all investigative tools at their disposal in the fight against wildlife crime.

A group will be established to carry out a review and report to ministers on how wildlife crime is treated within the criminal justice system, including examining whether the penalties available for wildlife crime properly reflect the seriousness of the damage caused to vulnerable wildlife and fragile habitats and ecosystems.

Scottish Natural Heritage (SNH) will be asked, in their capacity as the authority for licensing decisions under Section 16 of the Wildlife and Countryside Act 1981, to examine how and in what circumstances they can restrict the use of General Licences to trap and shoot wild birds on land where they have good reason to believe that crimes against wild birds have taken place. These General Licences allow the holders to carry out actions that would otherwise be unlawful if undertaken without any reference to SNH. The Scottish Government regards the use of General Licences as a privilege that should not be extended in circumstances where there is evidence that their use may be facilitating illegal activities.

In addition to the above measures, the Scottish Government also intends, in the second half of this year, to bring forward a consultation on whether we should extend the powers of the Scottish Society for the Prevention of Cruelty to Animals as regards the investigation of wildlife crime.

The Scottish Government will also in the second half of the year be laying in Parliament an annual report on wildlife crime in 2012. This report will have a role to play in guiding the best use of resources in tackling wildlife crime.

I refer the member to the answer to question S4W-15765 on 15 July 2013. All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:

http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx