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Chamber and committees

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 25 June 2025
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Displaying 1953 contributions

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Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

I am talking about proportionality. The question relates to a point that was made that

“the law requires there to be a rational connection between the content and design of the licensing scheme and its aim”.—[Official Report, Rural Affairs and Islands Committee, 21 June 2023; c 2.]

We know from evidence that the RSPB has demonstrated that raptor persecution—the illegal killing of raptors—has reduced by 75 per cent between 2007 and 2021, so I am just trying to determine whether the bill goes further than it needs to or whether a rational connection can be demonstrated.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

No, I am asking you.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

Do you want me to cover the questions about NatureScot and monitoring and compliance, convener?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

That was the next point that I was going to make. How will the Government ensure that NatureScot’s new responsibilities do not divert from its wider work?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

Do you intend to look at full cost recovery for wider species licensing?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

Did I miss the date of that review?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

I also want to ask about the suspension of a licence or suspension of any activities that could affect lives, livelihoods and perhaps investment. To suspend a licence, NatureScot has only to be satisfied that there is an issue. Notwithstanding all the conversations and explanations that the minister has given on the conversations between individuals, would an individual who has had a licence suspended or revoked have the ability to go into a cost recovery situation the other way round?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

We have heard in evidence that, if something that is regarded as a crime under conservation legislation is committed on a farm, the farmer is not required to stop working. The bill does not make that clear, which seems almost disproportionate, as we have heard. Would an appeal be weakened if NatureScot did not have to be satisfied that a relevant offence had been committed?

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

I have had a look at the report, and I cannot see how its recommendations chime with what you are saying, particularly given the concerns about primacy of responsibility, access to intelligence, interference with other cases, and health and safety risks to personnel. We heard strong evidence from Detective Sergeant Lynn regarding concerns that, when an investigation progresses and police become involved, the measures could be a disadvantage, because things that the police would have done early in the investigation might not have been done. There is a huge amount of concern around your interpretation.

Rural Affairs and Islands Committee

Wildlife Management and Muirburn (Scotland) Bill: Stage 1

Meeting date: 28 June 2023

Rachael Hamilton

Yes.