29
Nov
19

General Licence restriction at Leadhills Estate: welcome to the Twilight Zone

Earlier this week it was announced that Scottish Natural Heritage (SNH) had finally imposed a three-year General Licence restriction on Leadhills Estate in South Lanarkshire ‘on the basis of evidence provided by Police Scotland of wildlife crime against birds’ (see here).

Before we proceed any further you should be aware that you are now entering the twilight zone, suspended somewhere between reality and fantasy.

[Leadhills Estate, photo by Ruth Tingay]

We’re in that bonkers scenario where despite Police Scotland providing “clear evidence that wildlife crimes have been committed on this property” (according to Nick Halfhide of SNH), the imposition of the General Licence restriction “does not infer responsibility for the commission of crimes on any individuals“. This leaves us on wafer-thin legal ice, not able to state what to us is the bleedin’ obvious for fear of a defamation claim, even though the original intention of Scottish Ministers was to use a General Licence restriction as a “reputational driver“.

General Licence restrictions have been available to SNH (although rarely used) since 1 January 2014, introduced by then Environment Minister Paul Wheelhouse in response to continuing difficulties securing criminal prosecutions for those people still killing birds of prey. Paul instructed SNH to withdraw the use of General Licences (available for legal predator control) on land where crimes against raptors are believed to have taken place but where there was insufficient evidence to instigate criminal proceedings. The decision to withdraw the licence is based on a civil standard of proof which relates to the balance of probability as opposed to the higher standard of proof required for a criminal conviction.

A General Licence restriction is not without its limitations, and has even been described as farcical, particularly as estates can simply apply for an individual licence instead which allows them to continue predator control activities but under slightly closer scrutiny.

The Leadhills Estate and the surrounding area has been at the centre of wildlife crime investigations for decades. According to RSPB Scotland there have been over 60 confirmed raptor persecution incidents uncovered here, but only two successful prosecutions: a gamekeeper convicted for shooting a short-eared owl in 2004 and a gamekeeper convicted for laying poisoned baits out on the moor in 2009.

There have been a number of reported wildlife crimes here in recent years but because SNH isn’t keen on transparency, we don’t know which ones triggered the decision to impose the General Licence restriction. Was it the alleged witnessed shooting of a hen harrier in May 2017; the alleged witnessed shooting of a short-eared owl just a few weeks later and whose body was recovered; the discovery of a buzzard in 2018 that was found to have been shot twice; the filmed buzzard that according to the RSPB was likely killed in a crow trap in January 2019, or was it the discovery of a male hen harrier in May 2019 whose leg was almost severed by an illegally-set trap next to its nest?

We do know, from SNH’s press statement, that SNH believes “there is clear evidence that wildlife crimes have been committed on this property……” which sounds like multiple incidents have informed SNH’s decision to impose the restriction:

And because this is the twilight zone we also need to draw to your attention the Estate’s outright denials of any involvement in any of these alleged crimes – we particularly liked this one, in response to the illegally-trapped hen harrier earlier this year. Bless those little gamekeepers, finding it “very difficult” to cope with repeated crimes carried out by ‘unknown third parties’.

It’s probably just kids in stolen vehicles, right? Riding around the estate in 4 x 4s or on quad bikes, firing shotguns at protected wildlife. Let’s face it, who else would have vehicular access, firearms and a motive for wanting to kill birds of prey? Nope, nobody that we can think of.

Here is a copy of SNH’s restriction notice for Leadhills Estate, for the record:

We’ve got a lot more to say about this particular General Licence restriction but we’ll have to come back to it, hopefully within a few days. There are all sorts of interesting aspects to explore……

UPDATE 2 December 2019: SNH explains decision to impose General Licence restriction on Leadhills Estate (here)


6 Responses to “General Licence restriction at Leadhills Estate: welcome to the Twilight Zone”


  1. 1 sennen bottalack
    November 29, 2019 at 7:12 pm

    Having followed the long and dark history of this area I just ask again…..
    ” Why is anyone surprised that Golden Eagles have not spread south and even consider that they should be reintroduced in southern Scotland ? ”

    Farcical and tragic but the future will eventually be brighter for raptors in the uplands, though as I always warn, it may take another generation yet.

    Keep up the pressure !

  2. 2 Paul V Irving
    November 30, 2019 at 9:41 am

    [Ed: Thanks Paul but you’ll understand why your comment can’t be published. However, there’ll be a blog post about one of your points in the not too distant future…..]

  3. 3 John Cantelo
    December 1, 2019 at 8:32 am

    It’s little wonder that wildlife crime prospers when the chances of a successful prosecution of the tiny minority of crimes discovered are 30 to 1 against when those caught are the stooges, not the instigators and that, when evidence of systematic criminality is overwhelming, the result is a non-punishment for which there seems neither the will nor the manpower to enforce.

  4. 4 Alan Johnson
    December 1, 2019 at 4:48 pm

    Ask “the man in the street” what they think about the relatively positive news on the General Licence for the estate, and they’d say “but, how come, with those grounds, SOMEONE can’t be called to account?” never mind “why can’t SNH be instructed by SOMEONE to be completely transparent about their findings?”
    No sorry, that’s just common sense.

    • 5 Dougie
      December 2, 2019 at 12:06 pm

      You ask a perfectly reasonable and logical question.
      Who is SNH accountable to and why is accountability not being exercised effectively (and publically).
      If you look at SNH’s website there is a list of all manner of “Funds” from which SNH obtains finance to hand out. Not a mention is made of taxpayer’s money being used (Governments and their dependent bodies never like to use the term “taxpayer’s money”), but we, the taxpayers, provide the blood for the leeches to suck.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s


Enter your email address to follow this blog and receive notifications of new posts by email.

Blog Stats

  • 5,581,095 hits

Archives

Our recent blog visitors