Posts Tagged ‘Leadhills Estate

06
Oct
21

Leadhills Estate’s reaction to extended General Licence restriction

Last week I blogged about how NatureScot has extended the General Licence restriction on the notorious Leadhills Estate after receiving more evidence of wildlife crime (see here). The extension was supposedly for a further three years for alleged offences that were uncovered in July 2020, but in effect is only for eight months because it is running concurrently with the original three year restriction imposed on the estate in November 2019 (see here).

A few days after news of the restriction extension emerged, an unnamed spokesperson for Leadhills Estate has told a journalist at The Herald that the estate is ‘actively considering’ an appeal against the extended restriction and claims not to have seen the evidence behind the restriction decision. The link to the article is here but I’ve cut and pasted it below for posterity:

A sporting estate whose ban from shooting or trapping wild birds has been extended for a further two years has said it is considering an appeal against the ruling

Scottish Government conservation body NatureScot has said that the restriction on “general licenses” at the Leadhills Estate in South Lanarkshire will now last until 2023 after additional evidence was uncovered.

However, a spokesman for Leadhills has questioned the justification for the extra two-year prohibition, saying that it has not been shown the evidence behind the decision. 

The killing of wild birds has been prohibited on the estate since 2019 in response to police evidence of crimes against wild birds occurring on the land.

This included signs of the illegal killing of raptors, chiefly three hen harriers, one short-eared owl and two buzzards, and the illegal disturbance of a wild bird nest.

Leadhills Estate encompasses approximately 19,500 acres, mixed between farming and grouse moors. It is owned by two Trusts, the Leadhills Trust and Glengeith Trust.

The estate’s spokesman said: “The estate is extremely disappointed by this decision and is actively considering an appeal against it.

We have yet to see the evidence leading to this decision and have been requesting this information from the relevant authorities.

Without that evidence, we question the justification for such a decision, which is likely to have an impact on wildlife on the estate.”

General licences are granted to landowners or land managers to carry out actions which would otherwise be illegal, including controlling common species of wild birds to protect crops or livestock.

The spokesman added: “There has been no commercial driven grouse shooting on the estate for several years and the moorland is managed on a care and maintenance basis.

“The estate has a zero tolerance approach to wildlife crime and has robust compliance systems in place.

“Employees are fully aware of their responsibilities with regard to the conservation of wildlife and we are confident that wildlife crimes have not been committed by anyone employed on the estate.”

ENDS

It seems very strange to me that Leadhills Estate claims to be ‘actively considering’ an appeal at this stage. If you read the protocol and process used by NatureScot when making restriction decisions (and decisions to extend the original extension), you’ll see that there are multiple opportunities for an estate to make appeals and challenge the decision, well before now (see here).

Indeed, Leadhills Estate will be very familiar with this appeal process, having gone through it when the original three-year restriction was imposed in November 2019 (and it’s well worth reading the Estate’s appeal letter for it’s comedic value – see here).

It also sounds strange that Leadhills Estate claims not to have been provided with the evidence to justify the restriction extension. Again, have a look at the decision-making process used by NatureScot, particularly this paragraph about notification:

The Head of Wildlife Management will notify the owners and occupiers of the land in respect of which a restriction is recommended (“the Affected Parties”), in writing (“the Notification”). The notification will include a summary of the evidence on which the recommendation is based and will set out the reasons, the land to which the recommended restriction would apply and the duration of the recommended restriction (“the Decision Notice”). The possibility of a restriction being imposed will also be discussed with Police Scotland to ensure there is no risk to any potential prosecutions‘.

Given how risk averse NatureScot is, and its conservative approach when it comes to dealing with General Licence restrictions, I find it very hard to believe that NatureScot staff wouldn’t have followed the protocol and process to the letter.

It couldn’t be that Leadhills Estate is just grandstanding for the press, could it?

Time will tell. I’ve requested details of the correspondence between Leadhills Estate and NatureScot via a freedom of information request.

30
Sep
21

Extension of General Licence restriction at Leadhills Estate confirmed as pitiful 8 months

Yesterday I blogged (here) about the extended General Licence restriction that has been imposed on Leadhills Estate after further evidence of wildlife crime had come to light since an original three-year restriction was imposed (to run 26 Nov 2019 – 26 Nov 2022).

[The grouse moors of Leadhills Estate. Photo by Ruth Tingay]

However, there was some confusion from the licencing agency, NatureScot, as to just how long this extension was applicable.

Robbie Kernahan, NatureScot’s s Director of Sustainable Growth was quoted in a NatureScot announcement saying ‘…there is enough evidence to suspend the general licences on this property for a further three years‘, which should have taken the restriction to November 2025 but when I looked at the actual detail of the extension on another part of the NatureScot website, the expiry date of the extension was given as 8th July 2023.

I contacted NatureScot’s licensing team this morning and asked them to clarify the apparent discrepancy. I am grateful to Licensing Manager Liz McLachlan for a prompt and clear explanation, as follows:

We have amended the statement on our web-pages as we accept there was some ambiguity in the original wording which you have picked up on. To clarify, the 3 year extension to the restriction is from the date of the most recent (additional) offence, as recorded by Police Scotland, which takes the restriction to July 2023.

For completeness the restriction is from 8 July 2020 to 8 July 2023‘.

I have looked at the amended statement from Robbie Kernahan which now reads:

In this case we have concluded that there is enough evidence to suspend the general licences on this property until 2023‘.

So effectively, this ‘three year extension’ isn’t actually a three-year extension at all. Technically it might be, but in effect it’s actually only an eight month extension because the estate is already serving the original General Licence restriction up until 26 November 2022, so imposing another restriction for the period 8 July 2020 to 26 November 2022, on top of the one already being served, is utterly pointless.

The 8-month extension from 27 November 2022 to 8 July 2023 is the only part of this ‘extended’ restriction that will have any real effect.

And apparently the estate has already served 14 months of the extension, given that it began in July 2020! Why has it taken 14 months for NatureScot to publicise this extended restriction? When was the estate notified of this further restriction? And has it made any difference whatsoever to the estate’s activities, given that the original restriction was already underway (since November 2019)?

And if this extension was in place since July 2020, then why the hell did NatureScot give Leadhills Estate special privileges last year when it granted an out-of-season muirburn licence in September 2020??

What sort of idiotic ‘sanction’ is this? An eight month General Licence restriction for the shooting of a short-eared owl, which is the alleged offence that this extension is based upon. Well that’s really going to put the fear of God up other would-be raptor killers, isn’t it?

It’s a pitiful response.

I don’t know if it’s a result of legal limitations (e.g. can this legal sanction be lawfully applied several years after the original offence?) or if it’s a result of professional incompetence by NatureScot.

I have submitted an FoI to NatureScot to ask for details of the decision-making process in this case and will blog when I receive a response.

[Short-eared owl by Amy Lewis]

29
Sep
21

Leadhills Estate – General Licence restriction extended after police report more evidence of wildlife crime

Regular blog readers will be well aware that the notorious Leadhills Estate, a grouse-shooting estate in South Lanarkshire that has been at the centre of police wildlife crime investigations at least 70 times since the early 2000s, is currently serving a three-year General Licence restriction based on ‘clear evidence’ of raptor persecution offences, including the illegal killing of a short-eared owl, two buzzards and three hen harriers that were ‘shot or caught in traps’ on Leadhills Estate since 1 January 2014 (see here) and the discovery of banned poisons on the estate in May 2019 (see here).

That original General Licence restriction was imposed on Leadhills Estate by NatureScot in November 2019 and is valid until November 2022.

[Chris Packham holds a dead hen harrier. This bird was caught by the leg in an illegally-set trap on the Leadhills Estate grouse moor in May 2019. The trap had been set next to the harrier’s nest and was hidden by moss. The harrier’s leg was almost severed. Unfortunately, extensive surgery could not save this bird. Photo by Ruth Tingay]

However, since that original restriction was imposed on Leadhills Estate in November 2019, further alleged offences have been reported and are the subject of ongoing police investigations (see here) including the alleged shooting of a(nother) short-eared owl by a masked gunman on a quad bike as witnessed by a local resident and his eight year old son in July 2020 (see here) and the discovery of yet another batch of banned poisons, also in July 2020 (here). A satellite-tagged hen harrier (Silver) also vanished in suspicious circumstances on the estate in May 2020 (here), and although NatureScot don’t count missing satellite-tagged raptors as sufficient evidence for a General Licence restriction, the disappearance can be used as supportive evidence if further alleged offences are also being considered.

It’s been over a year since those further alleged offences were reported and we’ve all been waiting to see whether NatureScot would impose a further General Licence restriction on Leadhills Estate. Instead, the licensing team appears to have been focusing on helping out the estate by issuing it with an out-of-season muirburn licence last year (see here) and considering another application from the estate this year (see here). It really beggars belief.

Anyway, NatureScot has finally got its act together and has indeed imposed a further General Licence restriction on Leadhills Estate. Here is the statement on the NatureScot website:

29 September 2021

NatureScot has extended the restriction of the use of general licences on Leadhills Estate in South Lanarkshire until 2023. The decision was made on the basis of additional evidence provided by Police Scotland of wildlife crime against birds.

General licences allow landowners or land managers to carry out actions which would otherwise be illegal, including controlling common species of wild birds to protect crops or livestock.

A restriction of the use of general licences was implemented on Leadhills estate in November 2019, in response to police evidence of crimes against wild birds occurring on the land. This decision extends the period of the existing restriction.

Robbie Kernahan, NatureScot’s s Director of Sustainable Growth, said: “It is hugely disappointing to have to be considering further issues of wildlife crime against wild birds and we are committed to using the tools we have available to us in tackling this. In this case we have concluded that there is enough evidence to suspend the general licences on this property for a further three years. They may still apply for individual licences, but -if granted – these will be closely monitored.

We work closely with Police Scotland and will continue to consider information they provide us on cases which may warrant restriction of general licences. The detection of wildlife crime can be difficult but new and emerging technologies along with a commitment from a range of partners to take a collective approach to these issues will help us stop this from occurring in the future.”

ENDS

NatureScot’s Robbie Kernahan is quoted here as saying the General Licence restriction will apply “for a further three years“, which should take the restriction up to November 2025.

However, when you look at the actual restriction notice on NatureScot’s website, it says the restriction will extend to July 2023.

Eh? That’s not a three-year extension. That’s only an eight-month extension. I sincerely hope this is just a typo and the date should read November 2025.

It’s good to see NatureScot finally get on with this but I have to say that given there’s a need for an extension of the original General Licence restriction on Leadhills Estate, due to further evidence from Police Scotland about ongoing alleged wildlife crime there, doesn’t that demonstrate just how ineffective the General Licence restriction is as a tool for tackling wildlife crime??

I’ve written many times about the futility of this scheme, and have even presented evidence about it to a Parliamentary committee, not least because even when a General Licence restriction has been imposed, estate employees can simply apply to NatureScot for an individual licence to continue doing exactly what they were doing under the (now restricted) General Licence (e.g. see here)!

And although former Environment Minister Paul Wheelhouse, who was responsible for first introducing General Licence restrictions in 2014, considered that it would work as a ‘reputational driver’ (here), I’ve previously shown with several examples how this is simply not the case (e.g. see here) and that a General Licence restriction remains an ineffective sanction.

Nevertheless, it’s all we’ve got available at the moment and on that basis I would like to see NatureScot now get on with making decisions about restrictions on a number of other estates, such as Invercauld Estate in the Cairngorms National Park where a poisoned golden eagle was found dead next to a poisoned bait earlier this year (here).

And Invercauld isn’t the only estate that should be sanctioned, is it, NatureScot?

UPDATE 30th September 2021: Extension of General Licence restriction at Leadhills Estate confirmed as pitiful 8 months (here).

UPDATE 6th October 2021: Leadhills Estate’s reaction to extended General Licence restriction (here).

22
Sep
21

NatureScot considering another out-of-season muirburn licence for notorious Leadhills Estate

You may remember last year that NatureScot (formerly known as Scottish Natural Heritage), the statutory conservation agency, granted an out-of-season muirburn licence to the notorious Leadhills Estate in South Lanarkshire (see here, here, here, here).

This was a controversial decision for a number of reasons, not least because at the time muirburn had been banned across the whole of Scotland after emergency Coronavirus legislation was passed in April 2020, but also because Leadhills Estate is notorious as being at the centre of wildlife crime investigations (approx 70) over the last 18 years and is currently serving a three-year General Licence restriction, imposed on the estate by SNH because Police Scotland provided ‘clear evidence’ of wildlife crimes having being committed by persons unknown in recent years. The estate is reportedly under further police investigation since more wildlife crime allegations were made last year, so questions were asked about why it was receiving ‘special treatment’ from the licensing authority.

[An example of muirburn on a grouse moor in the Angus Glens, April 2021]

The environmentally damaging consequences of muirburn (setting fire to upland heather moorlands as part of the routine ‘management’ for grouse shooting) are well documented, with some of these fires leading to increased carbon emissions, increased flood risk, increased air pollution and threats to other ecosystem services.

With the intensification of grouse moor management in some areas of Scotland comes an increase in the extent and intensity of rotational heather burning. These fires have even been lit on areas of deep peat (forbidden by the voluntary Muirburn Code, which many land managers seem to simply ignore) causing damage to protected blanket bog habitat – in fact 40% of the area of land burned for grouse moor management in Scotland is on deep peat (see here).

Why on earth, in a climate emergency, is NatureScot permitting out-of-season burning, and especially on this particular estate that is supposedly the subject of sanctions due to ongoing wildlife crime?

As it turns out, the management of Leadhills Estate (which appears to be a company run by our old friend Mr Osborne) decided against using its out-of-season muirburn licence last year, because, according to its licence return, of the Coronavirus restrictions, although NatureScot has told me that the restrictions did not apply at the time the estate wanted to set fire to the moor.

Fast forward a year and guess what? In June 2021 Leadhills Estate applied yet again for another out-of-season muirburn licence and according to a series of FoI responses I’ve received, NatureScot is actively considering the application.

Here’s a copy of the licence application:

And here is the map showing the proposed area of burning on the grouse moor:

The licence application was submitted in June 2021 and it requested permission to set fire to the grouse moor from 1st – 30th September (the official muirburn season in Scotland runs from 1st October to 15th April, although this can be extended to 30th April at the landowner’s discretion, right at the time when ground-nesting birds have commenced their breeding season – its totally bonkers).

Here’s a summary of the FoI responses I’ve received from NatureScot about this year’s licence application:

17 June 2021 – I asked NatureScot whether a licence application had been made for Leadhills Estate.

15 July 2021 – NatureScot confirmed an application had been received (on 9 June) but said it hadn’t yet been assessed and that they were advising customers that there was a six week waiting time for applications relating to anything other than health and safety purposes.

16 July 2021 – I asked again about the status of the application.

12 August 2021 – NatureScot told me ‘the licensing team intend to assess this application in the next few days’.

1st September 2021 – I asked again about the status of the application (as this was the start date for the out-of-season licence to begin).

2nd September 2021 – NatureScot replied, ‘The licensing team is awaiting for some further information from one of our advisors before taking this further’.

15th September 2021 – I asked again about the status of the application.

16th September 2021 – NatureScot replied, ‘I have chased up licensing team but haven’t heard anything back from them yet’.

So apparently, NatureScot still hasn’t made a decision on this licence application, and with only nine days remaining until the muirburn season officially opens anyway, perhaps this is a clever stalling tactic to avoid having to issue the licence. Although I would argue, for all the reasons stated above, that the licence application should have been dismissed at first sight back in June.

The issue of setting fires to grouse moors in a climate emergency is quite high on the political agendas of both the Westminster and Scottish Governments. In November 2020, in response to the long-awaited Werritty Review on grouse moor management, then Environment Minister Mairi Gougeon announced there would be a statutory ban on burning peatland except under licence for strictly limited purposes such as habitat restoration. She also said that the Government would revisit the definition of ‘peatland’ and consider whether a tighter and stricter definition was required.

We’re still waiting to see progress on that commitment.

I’ve done some further digging about out-of-season muirburn on Leadhills Estate and have found the following information:

2017 – Licence issued (although apparently the estate failed to provide a licence return, which is a breach of the licence conditions).

2018 – The estate did not apply for an out-of-season muirburn licence.

2019 – Licence application made but was refused. The NatureScot assessor wrote: ‘Removing dead Molinia does not constitute a licensable purpose as burning within the muirburn season will achieve this aim and is a common management practice’. And, ‘Evidence of high Molinia not presented [in photographs]’.

2020 – Licence application made. NatureScot refuses it but estate appeals and NatureScot caves in and approves the licence.

The explanation given by NatureScot for its refusal of the 2019 licence is very interesting, because the removal of Molinia is again the stated purpose on Leadhills Estate’s current licence application for permission to conduct out-of-season muirburn.

What’s the decision going to be this year?

What’s more important – grouse shooting or the climate emergency?

25
Apr
21

With straight faces, landowners’ lobby group asks tourists to ‘respect nature’

This made me laugh out loud.

Landowners’ lobby group Scottish Land & Estates (SLE) posted this on their website two days ago:

This is the same Scottish Land & Estates whose membership includes the notorious Leadhills Estate, a grouse-shooting estate in South Lanarkshire where over 70 confirmed incidents of wildlife crime have been reported since 2000 and is currently serving a three-year general licence restriction based on “clear evidence” of ongoing raptor persecution (see here).

This is the same Scottish Land & Estates whose Moorland Group Chair, for years, was Lord Hopetoun of Leadhills Estate as illustrated by this screengrab from the SLE website:

This is also the same Scottish Land & Estates whose membership includes the notorious Longformacus Estate in the Scottish Borders, a grouse and pheasant-shooting estate where gamekeeper Alan Wilson was convicted of nine wildlife crime offences including the shooting of protected raptors, badgers and otters, the setting of illegal snares and the possession of banned poisons (see here). According to SLE’s CEO, Sarah-Jane Laing, responding to a question on this blog on 31 March 2021 (here) about why the Longformacus Estate hadn’t been expelled from SLE:

Yes, Longformacus is a member. As per our statements at the time membership was suspended during the police investigation in to the atrocious crimes but was reinstated when the police took no action against the estate owner“.

This is also the same Scottish Land & Estates who supports seven regional moorland groups; grouse moors in five of those seven regions have been in the last three years, or currently are, under police investigation for alleged raptor persecution crimes (grouse moors in the regions covered by the Angus Glens Moorland Group, Grampian Moorland Group, Tomatin Moorland Group, Tayside & Central Moorland Group and the Southern Uplands Moorland Group).

And SLE has the audacity to ask tourists to ‘respect nature’?!

18
Feb
21

Police confirm banned poison Carbofuran found on Leadhills Estate, again

Police Scotland have confirmed the discovery of the banned poison Carbofuran on Leadhills Estate, a grouse-shooting estate in South Lanarkshire that has been at the centre of police wildlife crime investigations at least 70 times since the early 2000s.

The highly dangerous poison, which even in tiny amounts can kill humans and animals, was discovered in July 2020. Police Scotland have told the Daily Record:

We are aware of this incident and did investigate.

Forensics identified the substance as carbofuran, an illegal pesticide the use of which has been banned since 1991.

It is extremely concerning that this substance was found in a location which is accessible to the public. Anyone with further information about this incident should contact Police Scotland on 101.”

According to the Daily Record, ‘further enquiries were stopped after officers found no evidence to link the poison to any person or persons’.

There isn’t any explanation provided for why the public weren’t alerted to this discovery sooner.

As regular blog readers will know, Leadhills Estate is currently serving a three-year General Licence restriction, imposed in November 2019 following ‘clear evidence from Police Scotland that wildlife crimes had been committed on this estate’ (see herehere, and here). We know via FoI that one of the contributing factors to the decision to pull the GL was the discovery of the banned pesticide Carbosulfan in May 2019 (see here).

[Chris Packham holds a dead hen harrier whose leg was caught in an illegally-set trap on Leadhills Estate in May 2019. Photo by Ruth Tingay]

Since the General Licence restriction was imposed in late 2019, further alleged offences have been reported at Leadhills and are the subject of ongoing police investigations (see here) including the alleged shooting of a(nother) short-eared owl by a masked gunman on a quad bike as witnessed by a local resident and his eight year old son (see here).

And now the discovery of another batch of banned poison.

According to NatureScot’s Framework for GL Restrictions, ‘Individual restrictions will apply for a period of 3 years, but may be extended if evidence of further offences is obtained during this period’.

Let’s see whether NatureScot sees fit to extend the General Licence restriction at Leadhills Estate.

24
Nov
20

Laughable denial of raptor killing from grouse moor lobby group in face of overwhelming evidence to the contrary

Last week the BBC Alba’s current affairs programme Eòrpa had a 14-minute feature on the debate around driven grouse shooting in Scotland.

The programme is available to watch on BBC iPlayer for the next 28 days (see here, starts at 00.53 mins to 14.45).

It was good to see yet more exposure of this environmental train wreck and this was a pretty good feature because it included a variety of talking heads and gave some of them enough time to hang themselves.

The line-up included Tim (Kim) Baynes (Director Scottish Moorland Group, Scottish Land & Estates, Gift of Grouse), Jenny McCallum (Spokesperson for Loch Ness Rural Communities, one of the regional gamekeeper moorland groups), Professor Allan Werritty (Chair, Grouse Moor Management Review Group), Alison Johnstone MSP (Scottish Greens), Duncan Orr-Ewing (RSPB Scotland), Angus MacLeod (Barvas & Garynahine Estate, Isle of Lewis), Malcolm Combe (University Strathclyde Law School) and Fabien Chaudre (French Agency for Biodiversity).

A highlight was Alison Johnstone’s sarcasm about the concept of driven grouse shooting (see at 5.19 mins) but even she couldn’t top the comedic contribution of Tim (Kim) Baynes, whose straight-faced denial of ongoing raptor persecution on grouse moors, despite overwhelming evidence to the contrary, was as entertaining as watching Donald Trump declare himself the election victor.

[Cartoon by Mr Carbo]

Here’s what Tim (Kim) had to say:

A generation ago, or two generations ago, the control of birds of prey was fairly routine whether it was for game management, or sheep management, or livestock, but there’s been a huge change in that over the last generation and particularly over the last five to ten years where people have realised that this is not the way to go, they’ve learnt more about the relationships between birds of prey and other species. There will always be these tensions between management activities and birds of prey but I think that people have really realised now that this is, you can’t, you simply can’t go out and kill them and it really very rarely happens now“.

Of course, for those of us who take an interest in this subject, this bare-faced denial is what we’ve come to expect from Tim (Kim) and his ridiculous grouse lobby pals, e.g. see here, here, here, here, here, here, here, here, here, here for a dazzling array of previous denials and spin.

Tim’s (Kim’s) performance on Eòrpa and all these previous years of denial provide a perfect illustration of how the grouse shooting industry has fundamentally failed to self-regulate. ‘Deny everything and carry on’, appears to have been the mantra.

It’s also a perfect illustration of why the Scottish Government, having given the industry chance after chance after chance after chance to clean up its act, is now under unprecedented public pressure to finally act.

And the funniest thing of all of it? All these denials from the Scottish Moorland Group, whose Chair, for years, has been Lord Hopetoun of Leadhills Estate.

You couldn’t make it up.

13
Nov
20

Political questions being asked about out-of-season muirburn licence issued to Leadhills Estate

Over the last few weeks a series of Freedom of Information requests has revealed that Scottish Natural Heritage (now rebranded as NatureScot) issued an out-of-season muirburn licence to Leadhills Estate, allowing gamekeepers to set fire to parts of the grouse moor in September 2020.

Four blogs have been written about it: here, here, here and here.

[Grouse moors at Leadhills Estate, photo by Ruth Tingay]

This licensing decision was astonishing for a number of reasons, not least because at the time muirburn had been banned across the whole of Scotland after emergency Coronavirus legislation was passed in April 2020, but also because Leadhills Estate is notorious as being at the centre of alleged wildlife crime investigations (approx 70) over the last 17 years and is currently serving a three-year General Licence restriction, imposed on the estate by SNH because Police Scotland provided ‘clear evidence’ of wildlife crimes having being committed by persons unknown in recent years. The estate is reportedly under further police investigation since more allegations have been made this year, so how come it’s receiving ‘special treatment’ from the licensing authority?

Well this is a question being asked by Claudia Beamish MSP, according to her Twitter feed today:

Claudia is very familiar with the recent history of Leadhills Estate as it’s in her south Scotland constituency. Claudia is also the spokesperson on Environment, Climate Change and Land Reform for Scottish Labour so she’s well-versed in these issues and has regularly supported and hosted events for the Revive coalition for grouse moor reform.

Thanks, Claudia, it’ll be interesting to hear what SNH (NatureScot) has to say about this particular licence.

There’ll be another blog, shortly, on another out-of-season muirburn licence that SNH issued to Leadhills Estate…..

11
Nov
20

SNH grants licence to Leadhills Estate for out-of-season muirburn

Leadhills Estate, which has been at the centre of over 50 police wildlife crime investigations in the last two decades, has had two gamekeepers convicted for committing wildlife crime offences during that time, and is currently the subject of a three-year General Licence restriction, imposed after Police Scotland found ‘clear evidence’ of wildlife crimes having being committed by persons unknown in recent years, and is under further police investigation since more allegations have been made this year, was granted a licence by SNH to undertake out-of-season muirburn on estate grouse moors in September.

There have been some jaw-dropping revelations on this blog over the years but this one is right up there.

[Muirburn on Leadhills Estate, South Lanarkshire. Photo by Ruth Tingay]

A quick recap of the situation (for those who want more detail please see the links to previous blog posts below).

In April 2020 the Scottish Government temporarily banned all muirburn in Scotland under emergency Coronavirus legislation (see here).

Despite being in the middle of a pandemic, in July 2020 Mark Osborne, acting on behalf of Leadhills Estate, applied to Scottish Natural Heritage for an out-of-season licence to conduct muirburn on the estate in September after spraying some areas with glyphosate (see here).

Scottish Natural Heritage (now rebranded as NatureScot but that’s irrelevant) refused the licence application in August (here) and Osborne immediately appealed the decision (see here).

That’s where we left the saga last time. Here’s what happened next…..

SNH was obliged to consider Osborne’s appeal, although it wasn’t obliged to overturn it’s previous decision to refuse permission.

Here’s how SNH’s reconsideration went:

According to the Freedom of Information documents that have been released, that’s it. That’s the extent of the discussion at SNH about whether Leadhills Estate should be given permission to set fire to its grouse moors out of season and in the middle of a global pandemic.

A couple of days later SNH wrote to advise Osborne of its U-turn decision and sent him the licence, as follows:

There has been some discussion amongst RPUK colleagues and associates about whether SNH’s decision to issue this licence was a breach of the Government’s emergency Coronavirus legislation which had temporarily banned muirburn until the official season opened on 1 October 2020. I might return to that topic.

However, of greater interest, to me, is how SNH’s decision-making on whether to issue an out-of-season muirburn licence apparently failed to consider the wider picture of what’s been going on at Leadhills, and especially the current three-year General Licence restriction placed on the estate, by, er, SNH. Didn’t anybody think about that?

Ah, well somebody did, but unfortunately it seems this person’s expert input wasn’t invited as part of the decision-making process:

There’s quite a lot to take in about this case, and the details and circumstances of this particular licence. An FoI has been submitted to SNH to see the licence return which, as detailed in condition #9, should have now been submitted to SNH by Osborne.

And it turns out that this isn’t the first year that SNH has granted an out-of-season muirburn licence to Leadhills Estate. More on that shortly.

For some reason, the phrases ‘taking the piss’ and ‘impotent licensing authority’ are uppermost in my mind.

19
Oct
20

SNH considers appeal from Leadhills Estate to undertake out-of-season muirburn

Earlier this month two blogs were published here about an application from Mark Osborne (representing the Leadhills Estate) to Scottish Natural Heritage (SNH, now re-branded as Nature Scot) for a licence to undertake out-of-season muirburn on the grouse moors of Leadhills (see here and here).

A bit of scene setting – regular blog readers will know all about Leadhills Estate and the catalogue of raptor persecution incidents that have been recorded there since the early 2000s, and the fact that this estate is currently the subject of a three-year General Licence restriction, imposed by SNH after even more alleged offences were uncovered there in recent years, including the discovery of this male hen harrier that was found in 2019 with an almost severed leg caught in an illegally-set trap next to its nest site (see here). Nobody was prosecuted for this barbaric killing.

[Chris Packham holds the corpse of the illegally-trapped hen harrier. Photo by Ruth Tingay]

Since the General Licence restriction was imposed in late 2019, further alleged offences have been reported at Leadhills and are the subject of ongoing police investigations (see here) including the alleged shooting of a(nother) short-eared owl by a masked gunman on a quad bike as witnessed by a local resident and his eight year old son (see here).

And then there was the individual licence that SNH issued to Leadhills Estate to shoot crows between April and June this year (see here). One of the conditions of that licence was that a return had to be made to SNH within one month of the licence expiring. An FoI request revealed that the estate had breached this condition (see here).

And then there’s the additional context of ALL muirburn being temporarily banned in Scotland until 30 September 2020 under emergency Coronavirus legislation.

The first of the two blogs written earlier this month about the licence application for out-of-season muirburn at Leadhills this summer can be read here.

The second blog detailed SNH’s initial refusal to issue a licence to Osborne/Leadhills Estate, and Osborne’s subsequent appeal of that decision (see here).

This latest blog details SNH’s consideration of Osborne’s appeal, which took place in late August 2020.

So, Osborne had been notified by SNH, in mid-August, that a licence to undertake out-of-season muirburn was not going to be issued. Osborne immediately sent a letter of appeal to challenge that decision and here’s what happened next:

There was some internal dialogue at SNH on 20th August 2020, between unidentified staff members, as follows:

On 24th August 2020 SNH wrote back to Osborne and asked him to provide more detail about his licence application:

Two days later, Osborne responded with the additional information SNH had requested:

The following day, 27th August 2020, SNH wrote back to Osborne saying that if the requested photos could be supplied then a site visit from SNH at Leadhills wouldn’t be necessary:

Later the same day Osborne sent over three photographs and a further explanatory email:

The next blog will examine SNH’s response to Osborne’s licence application appeal…..coming shortly.




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