Wildlife Management and Muirburn (Scotland) Bill: business and regulatory impact assessment
Estimates the costs, benefits and risks of the Wildlife Management and Muirburn (Scotland) Bill. It also considers how the Bill adheres to the five principles of better regulation: transparency, accountability, proportionality, consistency and targeted where appropriate.
3. Consultation
Within Government
The following government agencies and departments have been consulted in the preparation of this Business and Regulatory Impact Assessment:
- Scottish Animal Welfare Commission have provided advice on the welfare needs of sentient animals and possible legislative routes to further protect their welfare.
- Justice Directorate, Scottish Government provided advice on issues relating to offences and sentencing;
- Justice analysts, Scottish Government have provided details of the prosecution of offences under the 1981 Act;
- Crown Office & Procurator Fiscal Service (COPFS) have provided advice on the current court and prosecution arrangements;
- Police Scotland have provided advice on the investigation of wildlife offences;
- NatureScot have provided advice on issues relating to licensing arrangements for wildlife management purposes;
- Science and Advice for Scottish Agriculture (SASA) have provided advice on issues relating to trapping;
- Scottish Government, Directorate for International Trade and Investment provided advice on World Trade Organisation rules and requirements
- Scottish Government, Constitution and Cabinet Directorate provided advice on the requirements of the Internal Market Act 2020.
Public Consultation
The Scottish Government Wildlife Management in Scotland: A consultation on the Bill ran from 26 October 2022 until 14 December 2022. A high level analysis of the key findings if provided below. The full analysis report of the public consultation will be published separately in April 2023. The Consultation received 4,863 responses, mostly via Citizenspace. An overview of the responses is shown in the tables below:
| Type of response | Total Number of responses |
|---|---|
| Organisation | 129 |
| Individual | 4734 |
| All responses | 4863 |
| Organisation | Number |
|---|---|
| Animal Welfare | 17 |
| Conservation, including representative bodies | 22 |
| Land management, including representative bodies | 42 |
| Pest control, including representative bodies | 8 |
| Public body, including law enforcement | 7 |
| Sporting organisations, including representative bodies | 6 |
| Other – private section | 18 |
| Other – non-private sector | 9 |
| Questions | Agree | Disagree | Unsure |
|---|---|---|---|
| Do you agree that the licensing of grouse shooting should be introduced to deter raptor persecution and wildlife crime linked to grouse moor management? | 67% | 31% | 1% |
| Do you agree that the landowner/occupier/person responsible for or accountable for the management decisions and actions should be responsible for acquiring and maintaining the licence for the taking of grouse on a particular piece of land? | 70% | 28% | 2% |
| Do you agree that a licence should be required to undertake muirburn regardless of the time of year that it is undertaken? | 69% | 29% | 2% |
| Do you agree that there should be a ban on muirburn on peatland unless it is done under licence as part of a habitat restoration programme approved by NatureScot? | 69% | 29% | 2% |
| Do you agree that the use of glue traps designed to catch rodents should be banned in Scotland? | 79% | 12% | 10% |
| Do you agree that there should be a two year transition period before the ban on glue traps comes into force? | 16% | 69% | 15% |
In addition to the public consultation the Scottish Government also contacted all Scottish Local Authority pest control departments to ascertain the extent to which they used glue traps. Of the fourteen Local Authorities who responded, eleven confirmed that they would never use glue traps, two stated that they do not provide a pest control service, and one confirmed that, while they do not regularly use glue traps, they would consider using them where there is justifiable concern for public health and no alternative practical solution.
Business
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 and businesses.
We therefore targeted our stakeholder consultations towards organisations which represented groups or individuals who undertake wildlife management and rodent control for a range of different purposes and those who might engage a group or individual to undertaken wildlife management on their behalf.
Glue traps
On the provisions relating to glue traps, in March 2021, the Scottish Animal Welfare Commission (SAWC) published a report on the animal welfare issues surrounding the use of glue traps to control rodents in Scotland. In doing so, they sought views from experts and stakeholders including scientific advisors to government in Scotland and overseas, pest control industry representatives, and animal welfare organisations. A list of respondents is in the report.
Wildlife traps, grouse moor and muirburn licences
Wildlife management using traps is not confined to business activities. It is undertaken by a variety of individuals, organisations and businesses for a range of purposes on both a commercial and non-commercial basis. Using traps for wildlife management can be undertaken by businesses operating as a wildlife control service or by individuals or groups on an informal, ad hoc basis.
On the provisions relating to the licensing of wildlife traps, grouse moor management and muirburn, the GMMG was comprised of representatives from academia, grouse moor management and conservation. In undertaking the review, the group met with a number of organisations and businesses, including grouse moor estates. They also conducted a targeted questionnaire, receiving responses from 31 organisations and individuals across a wide range of stakeholders: individual estates, organisations variously representing particular interests (conservation NGOs, conservation special interest groups, land-owners and land managers, gamekeepers, sport shooting, groups of estates, trade organisations), firms of chartered surveyors, research scientists, veterinary scientists and public bodies including National Parks.
These discussions and submissions formed the basis of the recommendations in the GMMG report, and subsequently the provisions in the Bill.
Given this engagement we do not intend to specifically interview 6-12 businesses, as a key assumption is that law abiding businesses and individuals will not be affected by the current proposals, and only those committing offences under the legislation, and those enforcing these rules will be directly affected.
Contact
Email: philippa.james@gov.scot
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