Archive for the '2013 persecution incidents' Category



03
Sep
16

Trial for gamekeeper re: alleged shooting of a hen harrier

scales-of-justiceCriminal proceedings continued at Elgin Sheriff Court on Thursday against Scottish gamekeeper Stanley Gordon.

Mr Gordon, 60, of Cabrach, Moray, is facing a charge in connection with the alleged shooting of a hen harrier in June 2013.

Mr Gordon entered a not guilty plea at Thursday’s hearing and so this case will now move to trial. An intermediate diet has been set for 18 November 2016 (this is an administrative hearing to establish whether both the defence and prosecution are ready for trial) and the trial date itself has been set for 19 December 2016.

Previous blogs on this case hereherehere and here

17
Aug
16

Coordinated hunt & shooting of a hen harrier in 2013 – location revealed

A couple of years ago (20 June 2014) we blogged about the alleged coordinated hunt and shooting of a male hen harrier on a grouse moor in Scotland (see here).

hen-harrier-male-robin-newlin

This alleged crime had actually taken place in May 2013 – it was reported to Police Scotland by the two members of the public who had witnessed the event, Police Scotland investigated but no further evidence was available to take the case forward.

For some reason, Police Scotland failed to publicise this incident or appeal for information, despite hen harrier persecution being a UK National Wildlife Crime Priority. Instead, it was left to the RSPB to issue a press release over a year later (see here) as part of a wider call for more sporting estates to take action to protect hen harriers.

At the time, the location of this incident was pretty sketchy. The RSPB press release said it took place ‘on a moor in the eastern Cairngorms, within the boundary of the Cairngorms National Park’.

But then roll on to late 2015 and the publication of RSPB Scotland’s 20-year review of raptor persecution crimes. If you have a look at Table 3 in this report, which details confirmed incidents of persecution or attempted persecution (excluding poisoning) of birds of prey in Scotland 2013, the following information appears:

HH shot Glen Gairn

According to this table, a hen harrier was shot at ‘Glen Gairn’ in Aberdeenshire in May 2013. We presume, given the date and location, this is the same incident as referred to in that 2014 RSPB press release.

So, Glen Gairn. Where’s that then?

Well, would you believe, part of Glen Gairn appears to lie at the eastern boundary of Invercauld Estate, not a million miles from where those illegally-set spring traps were recently discovered at Gellaig Hill. (Map detail created from information provided on Andy Wightman’s Who Owns Scotland website).

Glen Gairn final - Copy

Now, we should urge caution here before anyone jumps to conclusions. This map is slightly misleading because it suggests that Glen Gairn lies entirely within the boundary of Invercauld Estate. It doesn’t. Glen Gairn extends east across the river, beyond the Invercauld Estate boundary, and on to the grouse moors of neighbouring Dinnet Estate.

We don’t know exactly where in Glen Gairn those two members of the public watched the alleged coordinated hunt and then shooting of that male hen harrier in 2013. It could have been on the Dinnet side of the Glen, or it could have been on the Invercauld side of the Glen, or it could have extended across both sides of the Glen. We don’t know, but presumably Police Scotland will know if those two members of the public were able to give accurate grid references.

As so often happens, there was insufficient evidence to proceed with a prosecution so we have no idea who was responsible. It must have been the handiwork of those pesky moorland fairies. They do seem to be quite active in this part of the Cairngorms National Park, don’t they?

Photo of a male hen harrier by Robin Newlin

12
Aug
16

Ministerial reaction to ‘missing’ golden eagles

Following yesterday’s news that eight young satellite-tagged golden eagles have ‘disappeared’ in the Monadhliaths in the last five years (see here), we were interested to read the response from Roseanna Cunningham MSP, the Cabinet Secretary for the Environment.

Here’s the statement that appeared on the Scottish Government’s website:

The Scottish Government has ordered a review of satellite tracking data, following reports from RSPB Scotland that a number of golden eagles have disappeared in the Monadhliath mountains.

Roseanna Cunningham, Cabinet Secretary for Environment, Climate Change and Land Reform, said: “The latest reports of satellite-tagged golden eagles disappearing on or near grouse moors are very disturbing and disappointing. That is why I have instructed officials to analyse the evidence from around 90 surviving and missing satellite-tagged eagles, to discover if there is a pattern of suspicious activity.

Grouse moor management does help species such as curlew and golden plover as well as generating much needed rural employment and income but this cannot be at any price. The public rightly expects all businesses in Scotland to obey the law. Let me be clear: grouse shooting is no exception.

As previously stated, the Scottish Government is prepared to introduce further regulation of shooting businesses if necessary. It will be unfortunate if the activities of a few bring further regulation on the whole sector, but that is the risk those why defy the law and defy public opinion are running“.

END

Yesterday we described her call for a review of satellite-tag data as ‘fatuous’ (see here). Not because such a review is unwelcome; it isn’t. But because the reason given for the review – ‘to discover if there is a pattern of suspicious activity’ – suggests that the pattern of activity is currently unknown. That’s as ridiculous as it gets. Of course the pattern of illegal persecution is already known, and has been for decades. Endless peer-reviewed scientific papers and government reports on golden eagles, hen harriers, red kites and peregrines have unequivocally linked the illegal killing of these raptors with intensively-managed driven grouse moors. Why pretend that this is all news? Why pretend nobody knows what’s been going on?

Taking the example of the Monadhliaths, this area has been a known eagle persecution blackspot since the 1970s! Have a look at this article that was published in the Scotsman on 11 March 1993 (we blogged about it here):

the_mountains_where_eagles_die_map-compressed2

To be fair, in recent years a number of more enlightened landowners in this area have been working closely with conservationists, resulting in a small increase in golden eagle survival on a few local estates, but as clearly seen from yesterday’s news, there are still other estates in the Monadhliaths that have yet to drag their sorry backsides away from the (now illegal) ‘management’ practices of the 19th Century.

Nevertheless, we do welcome the news that the Cabinet Secretary is actually doing something this time, instead of just churning out the same tired old Government rhetoric of ‘We will not hesitate to take further action if necessary’. It is necessary and we do expect to see ‘further action’ without any more stalling or prevarication. If you hear hooves, Cabinet Secretary, look for horses, not zebras.

But it’s not just the reaction of the Environment Cabinet Secretary that interests us. It turns out that another Cabinet Secretary should be taking more of an interest than most. Fergus Ewing MSP is the Cabinet Secretary for Rural Economy and Connectivity. He also happens to be the Member of the Scottish Parliament representing the constituency of Inverness and Nairn.

If you look at the map of Fergus’s constituency, and then look at the map showing the last known locations of those eight satellite-tagged golden eagles, you’ll see that a good few of the points where the eagles were last recorded lie within Fergus’s constituency boundary.

Inverness Nairn constituency map

FergusEwing Constituency Monadhliaths

ge disappeared

Now, we know that Fergus’s job is to represent the interests of ALL his constituents (estimated at 66,619 voters, according to his website). We know he does a good job of representing the interests of a tiny fraction of those constituents who are involved with the game-shooting industry – here’s a picture of him attending the Moy Game Fair last weekend – and is that a Scottish Gamekeepers’ Association tie around his neck?

fergus ewing sga tie

But what about the interests of the tens of thousands of his other constituents? We’re pretty sure that most, if not all, will be appalled to discover what’s still going on in their area. What will Fergus be doing about that?

Will he be encouraging his constituents to sign this petition calling for the Scottish Government to introduce a licensing scheme for all gamebird hunting?

A good many of his constituents have already signed this other petition, calling for an outright ban on driven grouse shooting (which has just smashed through 90,000 signatures, on it’s way to 100,000 and a parliamentary debate in Westminster).

We’ll watch with interest to see what both these Cabinet Secretaries do next.

12
Aug
16

Case against gamekeeper Stanley Gordon re: shot hen harrier, part 4

scales-of-justiceCriminal proceedings continued at Elgin Sheriff Court yesterday against Scottish gamekeeper Stanley Gordon.

Mr Gordon, 60, of Cabrach, Moray, is facing charges in connection with the alleged shooting of a hen harrier in June 2013.

The case continued without plea and the next hearing will be 1st September 2016.

Previous blogs on this case herehere and here

 

 

 

11
Aug
16

40 eagles, 10 years, 0 prosecutions

In April 2012, we wrote an article called ’21 eagles, 6 years, 0 prosecutions’ (see here).

In September 2012, we updated it and called it ’26 eagles, 6 years, 0 prosecutions’ (see here).

In July 2013 we updated it again. This time, ’27 eagles, 7 years, 0 prosecutions’ (see here).

In December 2013 we had to do another update: ‘31 eagles, 7 years, 0 prosecutions’ (see here).

In April 2014 we had to do another update: ’32 eagles, 8 years, 0 prosecutions’ (see here).

Fearnan Angus Glens Dec 2013 - Copy

After this morning’s news (here) that eight young satellite-tagged golden eagles have ‘disappeared’ on grouse moors in the Monadhliath Mountains over the last five years, we thought it was time for another update. This time it’s called: ’40 eagles, 10 years, 0 prosecutions’.

36 of these 40 eagles have either been found dead on, or have ‘disappeared’ on, Scottish grouse moors. (The other 4 have either died or have ‘disappeared’ in other habitat types).

Three of these 40 eagles have ‘disappeared’ in 2016. So much for the grouse-shooting industry claiming that they’ve cleaned up their act and that persecution is a thing of the past. The tactics of how to kill an eagle have clearly changed (see here) but the persecution continues.

As before, a number of eagles included in this list (16 of them, to be precise) may not be dead. However, they are included here because their satellite tags unexpectedly stopped functioning (i.e. they’d been transmitting perfectly well up until the eagles’ last known location, often a known persecution hotspot). Two further satellite-tagged eagles (‘Angus’ and ‘Tom’) are not included in this list as although their transmitters stopped functioning, there had been recognisable problems with their tags prior to the final transmissions and so the benefit of the doubt has been applied.

Many of these listed eagles from recent years have only been discovered because the eagles were being satellite-tracked. Much kudos to the dedicated teams of fieldworkers who have put in hours and hours of skilled hard work to allow this to happen. Obviously there are many other eagles out there that have not been sat-tagged and on the balance of probability will have been killed at the hands of the game-shooting industry. 40 eagles in the last 10 years is the bare minimum. The number of prosecutions (zero) is indisputable.

MAY 2006: A dead adult golden eagle was found on the Dinnet & Kinord Estate, near Ballater, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation. No prosecution.

JUNE 2006: A dead golden eagle was found on Glen Feshie Estate in the Cairngorms. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary launched an investigation. No prosecution.

AUGUST 2007: A dead adult female golden eagle was found on an estate near Peebles in the Borders. She was half of the last known breeding pair of golden eagles in the region. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Lothian & Borders Police launched an investigation. No prosecution.

NOVEMBER 2007: Tayside Police received a detailed tip-off that a young male white-tailed eagle (known as ‘Bird N’) had allegedly been shot on a grouse moor estate in the Angus Glens. The timing and location included in the tip-off coincided with the timing and location of the last-known radio signal of this bird. The eagle has not been seen again. With no carcass, an investigation isn’t possible.

MAY 2008: A one year old male white-tailed eagle hatched on Mull in 2007 and known as ‘White G’ was found dead on the Glenquoich Estate in the Angus Glens. Tests revealed he had been poisoned by an unusual concoction of pesticides that included Carbofuran, Bendiocarb and Isofenphos. A police search in the area also revealed a poisoned buzzard, a baited mountain hare and 32 pieces of poisoned venison baits placed on top of fence posts on the neighbouring Glenogil Estate. Laboratory tests revealed the baited mountain hare and the 32 poisoned venison baits contained the same unusual concoction of highly toxic chemicals that had killed the white-tailed eagle, ‘White G’. No prosecution.

JUNE 2009: An adult golden eagle was found dead at Glen Orchy, Argyll, close to the West Highland Way. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Strathclyde Police launched a multi-agency investigation. Three years and 3 months later, estate employee Tom McKellar pled guilty to possession of Carbofuran stored in premises at Auch Estate, Bridge of Orchy and he was fined £1,200. No prosecution for poisoning the golden eagle.

JULY 2009: A two year old female golden eagle known as ‘Alma’ was found dead on the Millden Estate in the Angus Glens. Tests revealed she had been poisoned by the illegal pesticide Carbofuran. Alma was a well-known eagle  – born on the Glen Feshie Estate in 2007, she was being satellite-tracked and her movements followed by the general public on the internet. Tayside Police launched an investigation. No prosecution.

AUGUST 2009: A young white-tailed eagle was found dead on Glenogil Estate in the Angus Glens. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Tayside Police was criticized in the national press for not releasing a press statement about this incident until January 2010. No prosecution.

MAY 2010: #1 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. No prosecution for poisoning the golden eagle.

MAY 2010: #2 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. No prosecution for poisoning the golden eagle.

MAY 2010: #3 of three dead golden eagles found on or close to Skibo Estate, Sutherland. Tests revealed they had been poisoned; two with Carbofuran and one with Aldicarb. Northern Constabulary launched a multi-agency investigation. One year later (May 2011), Sporting Manager Dean Barr pled guilty to possession of 10.5 kg of Carbofuran stored in premises at Skibo Estate. No prosecution for poisoning the golden eagle.

JUNE 2010: #1: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: #2: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: #3: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: #4: Leg rings with unique identification numbers that had previously been fitted to the legs of four young golden eagles in nests across Scotland were found in the possession of gamekeeper James Rolfe, during a multi-agency investigation into alleged raptor persecution at Moy Estate, near Inverness. It is not clear how he came to be in possession of the rings. The bodies of the eagles from which the rings had been removed were not found. No further action was taken in relation to the discovery.

JUNE 2010: A golden eagle was found dead on Farr & Kyllachy Estate, Inverness-shire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary apparently did not search the property until July 2011. No prosecution.

JUNE 2010: A white-tailed eagle was found dead on Farr & Kyllachy Estate, Inverness-shire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Northern Constabulary apparently did not search the property until July 2011. No prosecution.

DECEMBER 2010: A decomposing carcass of a white-tailed eagle was found and photographed on Logie (Lochindorb) Estate, Morayshire. It was reported to Northern Constabulary. By the time the police arrived to collect it, the carcass had disappeared. The police said they couldn’t investigate further without the body.

FEBRUARY 2011: The signal from a young satellite-tracked golden eagle ( ‘Lee’, hatched in 2010) unexpectedly stopped transmitting after a final signal from the North Angus Glens. A technical malfunction or another mysterious ‘disappearance’?

MARCH 2011: The body of a young golden eagle was discovered on North Glenbuchat Estate, Aberdeenshire. Tests revealed it had been poisoned by the illegal pesticide Carbofuran. Grampian Police launched an investigation and raided the property in May 2011. A poisoned buzzard, a poisoned bait and a shot short-eared owl were found. No prosecution.

APRIL 2011: The body of a white-tailed eagle was found at the base of cliffs on Skye. The person who discovered it (a professional medic) considered it to have been freshly shot with a rifle, decapitated with a sharp implement and thrown from the cliff top. He took photographs and alerted Northern Constabulary and RSPB. There was a delay of two weeks before the now probably decomposed carcass was collected. A post-mortem was inconclusive. This incident was not made public until one year later after a tip off to this blog. No prosecution.

SEPTEMBER 2011: The signal from a satellite-tracked young golden eagle (‘Strathy’, hatched in 2010) unexpectedly stopped transmitting after a final signal from an Aberdeenshire grouse moor. A technical malfunction or another mysterious ‘disappearance’?

NOVEMBER 2011: The signal from a one-year-old satellite-tracked golden eagle (#57124) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

MARCH 2012: The body of a young golden eagle being tracked by satellite was discovered in Lochaber. Tests revealed it had been poisoned with the banned pesticides Aldicarb and Bendiocarb. Information about this incident was not made public until three months later. No prosecution.

MARCH 2012: The signal from a satellite-tracked young golden eagle (‘Angus 26′, hatched in 2011) unexpectedly stopped transmitting after a final signal from a grouse moor in the Angus Glens. This bird’s suspiciously damaged sat tag was found in the area. No prosecution.

MAY 2012: The signal from a young satellite-tracked golden eagle (#32857) unexpectedly stopped transmitting when the bird was north-east of the Cairngorms National Park. A technical malfunction or another mysterious ‘disappearance’?

MAY 2012: The dead body of a young satellite-tracked golden eagle (hatched in 2011) was discovered near a lay-by in Aboyne, Aberdeenshire. The data from its satellite tag & the injuries the bird had when found (2 broken legs) suggested it had been caught in an illegal trap on a grouse moor in the Angus Glens and then removed, under cover of darkness, to be dumped in another area where it was left to die, probably a slow and agonising death. Information on this incident was not released until almost five months later, by the RSPB. It appears the police failed to properly investigate this incident as we understand that no search warrants were issued and no vehicles were searched. No prosecution.

JULY 2012: The signal from a one-year-old satellite-tracked golden eagle (‘Foinaven’) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

OCTOBER 2012: An adult golden eagle was found shot and critically injured on grouse moor at Buccleuch Estate, near Wanlockhead, South Lanarkshire. The bird was rescued by the SSPCA and underwent surgery but it eventually succumbed to its injuries in April 2013. No prosecution.

MAY 2013: The signal from a two-year-old satellite tracked golden eagle (‘Angus 33′, hatched in 2011) unexpectedly stopped transmitting after its last signal from North Glenbuchat Estate in Aberdeenshire. A technical malfunction or another mysterious ‘disappearance’?

JUNE 2013: A dead golden eagle was found under power lines on an RSPB reserve on Oronsay. This bird had been shot although it is not known whether this was the cause of death or an historical injury.

JULY 2013: The signal from a young satellite tracked golden eagle (‘Cullen’, hatched 2010) unexpectedly stopped transmitting after its last signal in Aberdeenshire. A technical malfunction or another mysterious ‘disappearance’?

DECEMBER 2013: A two year old satellite tracked golden eagle (‘Fearnan’) was found dead on a grouse moor in the Angus Glens. Tests revealed he had been poisoned with the banned pesticide Carbofuran. No prosecution.

MARCH 2014: The signal from a one-year-old satellite-tagged golden eagle (#129002) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

APRIL 2014: The signal from a young satellite tracked white-tailed eagle (the first fledged sea eagle chick in East Scotland in ~200 years) unexpectedly stopped transmitting after its last signal from the North Glenbuchat Estate in Aberdeenshire. Police raided the property a couple of weeks later. No prosecution.

OCTOBER 2014: The signal from a one-year-old satellite-tagged golden eagle (#107133) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

OCTOBER 2014: The signal from a two-year-old satellite-tagged golden eagle (#119886) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

MAY 2016: The signal from a less-than-one-year-old satellite-tagged golden eagle (#00000583) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

JUNE 2016: The signal from a two-year-old satellite-tagged golden eagle (#129010) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

JULY 2016: The signal from a two-year-old satellite-tagged golden eagle (#129015 ‘Brodie’) unexpectedly stopped transmitting after a final signal from a grouse moor in the Monadhliaths. A technical malfunction or another mysterious ‘disappearance’?

THE UNTOUCHABLES: 40; JUSTICE: 0

Cabinet Secretary for the Environment Roseanna Cunningham has responded to this morning’s news (read her statement here) by calling for an analysis of the satellite tag data from around 90 surviving and missing eagles “to discover if there is a pattern of suspicious activity“. It just beggars belief. We’ll shortly be blogging in more detail about her response and that of the Scottish Moorland Group, which is equally as fatuous.

In the meantime, please sign this petition (here) calling on the Scottish Government to introduce a licensing scheme for gamebird shooting.

And then please sign this petition (here) calling on the Westminster Government to ban driven grouse shooting.

ALMD

15
Jul
16

Case against gamekeeper Stanley Gordon re: shot hen harrier, part 3

scales-of-justiceCriminal proceedings continued at Elgin Sheriff Court yesterday against Scottish gamekeeper Stanley Gordon.

Mr Gordon, 60, of Cabrach, Moray, is facing charges in connection with the alleged shooting of a hen harrier in June 2013.

The case continued without plea and the next hearing will be 11 August 2016.

Previous blogs on this case here and here

 

 

04
Jul
16

No subsidy withdrawal for mass poisoning of raptors on Glanusk Estate

Further to the news about the mass poisoning of raptors uncovered on the Glanusk Estate in the Brecon Beacons National Park, Wales (see here), we wanted to find out whether the Estate had incurred a financial penalty for what appears to be a clear breach of cross compliance rules.

In order to qualify for Common Agricultural Policy (CAP) subsidy payments, claimants are required to keep their land in ‘Good Agricultural and Environmental Condition’ and comply with a set of Statutory Management Requirements (SMRs). This is known as cross compliance. [NB: the rules have now changed slightly but as this mass poisoning took place in 2012/2013, the old rules apply].

In our opinion, the illegal poisoning of raptors with Bendiocarb is a breach of SMR1 (relating to the protection of wild birds) and SMR9 (relating to restrictions on the use of plant protection products).

DSCN0334.JPG-550x0

In April, an FoI was submitted to Rural Payments Wales (RPW), the Government agency responsible for implementing CAP subsidy payments and for imposing penalties if cross compliance regulations have been breached. Here are the questions that were asked, along with the answers received from RPW:

Question 1. Which of these incidents were on land in receipt of subsidies under the Single Payment Scheme (SPS) during the years 2012 and 2013?

Answer: I can confirm that 10 of these incidents were on land in receipt of SPS in 2012 and 2013.

[RPUK comment: Although there were 24 incidents in total, it seems that RPW has excluded 14 of them, presumably because the illegally-poisoned birds and/or illegally-placed poisoned baits were on land that is not subject to SPS, for example, in woodland].

Question 2. What were the amounts of payments made under SPS in 2012 and 2013 and to how many beneficiaries?

Answer: A total of £98,802.01 was paid to 2 beneficiaries under SPS 2012. A total of £97,145.70 was paid to 2 beneficiaries under SPS 2013.

[RPUK comment: We’ve scrutinised the CAP payments website to find out who these beneficiaries were and we’ve worked out that they are two tenant farmers on the Glanusk Estate, presumably on whose landholdings the poisoned birds/baits were discovered].

Question 3. Can Rural Payments Wales confirm whether these offences would have breached SMR1 and SMR9 of the SPS?

Answer: These offences would be a breach of SMR1 and SMR9 if they were found to be attributable to a benficiary of Common Agricultural Policy (CAP) funds.

Question 4. What investigation or enforcement action has Rural Payments Wales undertaken in relation to these offences?

Answer: RPW considered the offences in question and concluded there was insufficient evidence to apply a cross compliance breach to a beneficiary.

[RPUK comment: We’re fascinated by this. The standard of proof for a cross compliance breach is lower than the standard of proof required for a criminal prosecution. A criminal conviction is NOT required for a cross compliance penalty to be imposed].

Question 5. What subsidy withdrawals have been made from anyone in receipt of money under the SPS in 2012 and 2013 as a result of these incidents?

Answer: No withdrawal of subsidy has been made from anyone under SPS 2012 and SPS 2013 as a result of these incidents.

END

A further FoI was submitted to RPW in May 2016, to try and understand why RPW thought there was ‘insufficient evidence’ to apply a penalty. Here are the questions that were asked, along with the answers received from RPW:

Question 6. Please can you tell me the date (day/month/year) that RPW first became aware of these poisoning incidents?

Answer: RPW first became aware of the poisoning incidents on 5 December 2013.

Question 7. Please could you provide information about the extent and type of enquiries RPW conducted when “considering the offences in question and concluding there was insufficient evidence to proceed with a cross compliance action”?

Answer: A formal police investigation was underway in this case and RPW undertook a review of the documentary evidence.

Question 8. Have the two claimaints been informed by RPW of the SMR1 and SMR9 breaches on their land?

Answer: No, RPW has not established any breaches to SMR1 and SMR9 on their land.

Question 9. Have the two claimants been interviewed by RPW about the incidents on their land?

Answer: No.

Question 10. Can copies of any correspondence between RPW and the claimants about these incidents be supplied (with personal details redacted)?

Answer: RPW has had no contact with the claimants over these incidents.

Question 11. What steps has RPW taken to prevent a reoccurence of these breaches?

Answer: RPW undertakes a programme of annual on site visits to farm businesses to ensure cross compliance requirements are respected.

END

To be honest, we’re completed baffled by RPW’s answers to questions 8-11. They’re either displaying overwhelming apathy, or they’re confused, or we’re confused. Confusion and apathy shouldn’t be unexpected – we saw a similar approach from the Rural Payments Agency (operating in England) when we challenged them about a subsidy withdrawal for the Stody Estate (Norfolk) after the discovery of mass raptor poisoning on their land. The confusion and apathy continued for a year, but, to their credit, the RPA did eventually get it right and imposed a large financial penalty on Stody Estate (see previous blogs here).

Are we going to have to go through the same process with Rural Payments Wales?

Was there a cross compliance breach or wasn’t there? If there was, why hasn’t a penalty been imposed? Why hasn’t RPW bothered to discuss these poisonings with the subsidy recipients? How can RPW claim, with straight faces, that their on site visits “ensure cross compliance requirements are respected”? If that’s the case, where was RPW in 2012 and 2013?

Emails to: RPWOnline@wales.gsi.gov.uk

There’s something decidedly rotten about this whole affair. The most significant wildlife poisoning incident ever uncovered in Wales, and the second largest in the UK in 40 years, on a prominent estate with strong royal connections, inside a National Park. Abject secrecy about these crimes from Dyfed Powys Police (until we started asking questions 3 years later), no criminal prosecution, and no subsidy penalty.




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