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Crackdown on wildlife crime
30/08/2007
New penalties for people who commit crimes against wildlife could include the removal of firearms licences and cutting of farm aid payments, it was announced today.
The measures are being considered as part of tougher approach by the Scottish Government on bird poisoners and other wildlife crimiminals.
Speaking while shadowing two of Scotland's dedicated wildlife crime officers in the Borders, Environment Minister Michael Russell condemned a recent spate of poisonings.
He said:
"Birds of prey are magnificent creatures and wonderful assets for Scotland's biodiversity and tourism industry. Their welfare is the responsibility of all of us.
"Like everyone else in Scotland I was absolutely appalled by the recent spate of poisonings, especially that of the golden eagle in Peebleshire last week.
"These kind of incidents are horrifying and while I acknowledge that much good work is already going on to counter the actions of a few criminals, I am determined that we must do more.
"Building on that good work, I will be speaking to chief constables to discuss how we can further support wildlife crime officers.
"That may include exploring the automatic loss of a firearms licence for anyone who has poisoned an animal, a potentially huge disincentive to anyone working in the countryside.
"I will also look, with the Justice Secretary, at how best to use the new offence of knowingly causing or permitting the unlawful killing or injuring of a bird.
"Another sanction which I would like looked at is cutting the Single Farm Payment for estates implicated in bird poisonings. The Scottish government will not hesitate to use this measure if appropriate.
"There are also a number of other options including the tightening up the licensing scheme and ways in which we can encourage good practice.
"There should be no doubt that the Scottish government is determined to stamp out this shameful and barbaric practice which has no place in a modern, civilised and environmentally friendly country."
The average single farm payment is worth approximately £20,000. If the landowner or farmer is found to be implicated in wildlife crime and in breach of Cross Compliance his payments can be reduced by 1-5 per cent where they are shown to be negligent and the action or omission leading to the breach is directly attributable to them. If the action or omission was intentional the penalty can be up to 100 per cent.
Unlike criminal prosecutions, the lower civil standard of proof is used to decide whether or not Cross Compliance requirements have been breached. In other words, even if there is no criminal prosecution, Cross Compliance penalties can still be applied. Civil standard of proof relates to the balance of probability. If an inspector can provide evidence to show that on the balance of probability a breach has been committed then this is enough to allow a Cross Compliance penalty to be applied. Farmers or crofters who dispute the findings can lodge an appeal under the existing EU Appeals procedure.