Chamber and committees

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 came into force in January 2012.

The Scottish Government has worked with stakeholders through the Partnership for Action Against Wildlife Crime (PAW) Scotland to raise awareness of these provisions and has assisted with the production of guidance by PAW partners.

Decisions on whether to prosecute cases under the vicarious liability provisions are solely a matter for the Crown Office and Procurator Fiscal Service.

Figures obtained from Police Scotland show there are currently 109 wildlife crime officers within Police Scotland. There is also a national wildlife crime co-ordinator, at sergeant level. There has been no change in the level of this resource since the advent of Police Scotland and there are currently no plans to review the present number.

The Scottish Government does not hold this information. There is no specific wildlife crime budget within Police Scotland. All operational policing is managed locally and budgets are therefore held locally. As operational policing is devolved to local commanders, any budget would be held and managed within individual divisions.

The Scottish Government through Forestry Commission Scotland (FCS) began discussing the land swap with representatives of Glenfeshie Estate in February 2010. There were no discussions prior to that although the estate asked FCS to consider an off-market sale of Tolvah forest for several years’, such approaches were declined as a straight sale was not in the public interest.

The Scottish Government through Forestry Commission Scotland (FCS) began discussion with representatives of Glenfeshie estate regarding the land swap in February 2010. There were no discussions prior to that although the estate asked FCS to consider an off-market sale of Tolvah forest for several years’, such approaches were declined as straight sale was not in the public interest.

The land swap that took place was complex over a number of sites and involved significant dialogue over close to three years. Matters discussed for the various sale and acquisition subjects included: valuation; preservation of a Forest Research experiment; Glenfeshie’s future management objectives for the woodlands they “acquired”; detailed assessment of the property purchased in the Borders for woodland creation by FCS; assessment of the Leasehold property in Glenmore and extensive conveyencing and other legal communication between the parties.

There have been no other formal meetings with Mr Povlsen or his representatives however the Minister for Environment and Climate Change was introduced to Mr Povlsen and a number of Cairngorm National Park Authority’s stakeholders at a Cairngorm National Park Authority event this month.

The Scottish Government plans to consult on compulsory microchipping of dogs before the end of 2013.

Forestry Commission Scotland has delegated authority from the Scottish Government to manage the National Forest Estate (via Forest Enterprise Scotland). This includes purchase, sale or exchange of land.

Therefore there was no requirement for Forestry Commission Scotland to advise the Scottish Government of its decision to transfer land to Glenfeshie Estate.

The Scottish Government has met with the Land Reform Review Group on seven occasions. These are as follows:

23 August 2012 - Visit and photo opportunity at Neilston Development Trust with the Cabinet Secretary for Rural Affairs and the Environment and the Land Reform Review Group (Alison Elliott, Sarah Skerratt, Jim Hunter).

2 October 2012 - Meeting to discuss the Group’s work plan between the Cabinet Secretary for Rural Affairs and the Environment, the Minister for Environment and Climate Change and the Land Reform Review Group (Alison Elliott, Sarah Skerratt, Jim Hunter) and Scottish Government officials.

20 November 2012 - Meeting to discuss links between the review and the work on the Community Empowerment and Renewal Bill. Present: Cabinet Secretary for Rural Affairs and the Environment, Minister for Environment and Climate Change, Minister for Local Government and Planning, the Land Reform Review Group (Alison Elliot, Jim Hunter, Sarah Skerratt) and Scottish Government officials.

18 December 2012 – Meeting to discuss details of Review Group’s plans on urban issues to link with Community Empowerment and Renewal Bill. Present: Minister for Environment and Climate Change, Minister for Local Government and Planning, the Land Reform Review Group (Alison Elliot, Jim Hunter and via phone, Sarah Skerratt), and Scottish Government officials.

14 March 2013 – Meeting to update on review progress. Present: Paul Wheelhouse (Minister for Environment and Climate Change), Alison Elliot (Chair, Review Group) and Scottish Government officials.

8 May 2013 – Meeting to update on links with Community Empowerment and Renewal Bill, options for ensuring that liaison between review group and Bill team continue, and any options for early legislation through the Community Empowerment and Renewal Bill, that have been identified during phase 1 of the review. Present: Minister for Environment and Climate Change, Minister for Local Government and Planning, and the Land Reform Review Group (Alison Elliott, Sarah Skerratt, Ian Cooke) and Scottish Government officials.

13 June 2013 – Update on progress and ideas for phase 2 approach. Present: Minister for Environment and Climate Change, the Land Reform Review Group (Alison Elliot, Ian Cooke, John Watt), and Scottish Government officials.

In addition, Scottish Government officials act as the secretariat for the group and have constant contact with them on operational matters.

The Land Reform Review Group was announced in July 2012, by the First Minister. It was set up by the Scottish Government to develop innovative and radical proposals that will contribute to Scotland’s future success.

Richard Lochhead, Cabinet Secretary Rural Affairs and the Environment, in discussion with Scottish Government officials, appointed the three original members of the review group. These were Dr Alison Elliot (Chair), Professor Jim Hunter (Vice Chair) and Dr Sarah Skerratt (Vice Chair).

The appointment of the group’s 13 advisers also took into account recommendations from the review group chair, Alison Elliot.

Replacements for Professor Hunter and Dr Skerratt, involved discussion between ministers, Scottish Government officials and the review group themselves.

The Scottish Government provide administrative support for the group, as well as paying fees for the review group members. The review group’s advisers do not receive fees, but are paid expenses.

Scottish Ministers commented on the initial work programme and have been consulted and interviewed as part of the process, as have representatives of a wide range of political, community and personal opinion.

The Community Empowerment and Renewal Bill is currently proceeding and any relevant recommendations that the review group can make within the Bill timescale, will be taken forward as part of that Bill. The Bill team and review group are liaising closely to ensure that this happens.

The Scottish Government will look to take any necessary action to legislate on the proposals in the group’s final report, as quickly as possible following the production of the report but we don’t wish to prejudge the outcome of the review group’s work at this time, given that the second phase of its work is in its early stages and in advance of ministers having the opportunity to consider the review group’s findings.