1/ NatureScot now has powers to intervene in deer management on the unprecedented new ground of ‘nature restoration’.
This is a departure from all existing deer powers in Scottish law to date, which take their effect and justification from the grounds of ‘damage’, which is well understood by deer managers and agencies and requires a baseline and evidence.
NatureScot will now set out in a revised (to-be-published) Deer Code the circumstances under which they might use this power. It can only come into play where lack of deer management is seen as hampering restoration targets set out in a published plan or strategy.
NatureScot must enter, initially, into a voluntary process. Should this fail to produce the actions they deem to be necessary, they can escalate towards a control Order. An Order, if opposed, can be appealed through the Scottish Land Court.
Should individuals refuse to comply, they can be liable to a maximum fine of £40 000 or a maximum 3-month jail sentence. NatureScot has the ability to send in individuals to carry out a cull and subsequently bill the landholder, if they believe this to be appropriate.
The SGA has opposed this move from the outset, tabling amendments to have it removed from the Bill at Stage 2, and believe it will inevitably end in court actions. We will continue to look at the implementation of this measure very closely and will be ready to act to support members, if impacted.
2/ Crofting/farm tenants now have new and greater rights to kill deer, if deer are deemed to be damaging their agricultural/ woodland/livestock interests. Where this existed previously, on improved ground, it now extends to common grazings, open hill and moorland. Open hill rights have previously been the sole preserve of the landowner. This new provision allows tenants to control deer on all land, to prevent damage, if necessary.
An amendment by Minister Jim Fairlie, supported by the SGA and the deer sector, will seek to rectify potential safety issues (through secondary legislation) of landowners and tenants potentially shooting on the same ground, at the same time.
3/ Should a person or persons believe lack of deer management is damaging their interests to an extent that woodland, crops, deer welfare, livestock, public safety or the environment are being damaged, they can ask NatureScot to investigate.
4/ If the imposition or revocation of a Deer control Order may indirectly impact other parties (not the landowners directly impacted), NatureScot also has a duty to consult them and take account of their views.
5/ Minister Jim Fairlie tabled an amendment to introduce a National Deer Management and Venison Plan, an endeavour supported by the SGA in that it brings the organisations’ long-held objective of having lowland and urban deer management considered more equitably with upland deer management, closer to reality (by statute).
In discussions with the Minister and Officials last week, the SGA’s expertise will be sought in developing a plan for the lowlands/urban areas and the organisation will be taking up this invitation. The SGA has been working for some time with Scottish Govt/NatureScot on the concept of a costed, end-to-end, Urban Deer Pilot Scheme, something we still hope to deliver. This was first mooted by the SGA (2019) long before the current 2 Government deer management pilots were introduced, see: https://www.scottishgamekeepers.co.uk/deer-vision/
In addition, following engagement with SGA Deer Group member David Quarrell, Emma Harper MSP, successfully tabled an amendment which obligates government to take into account, in the new plan, the differences in managing different deer species in different areas including urban/lowland areas. This is a policy win for the SGA. (WATCH the video below and remember to subscribe to the SGA YouTube channel).
6/ Mandatory training, which will introduce a minimum standard for managing deer in Scotland, will be taken forward. There are no details of the scheme to date. Minister Jim Fairlie said any training programmes including costs/design will be developed with stakeholders, including the SGA, and introduced, in due course, through secondary legislation with Parliamentary scrutiny.
The SGA, through its dedicated training centre, stands ready to contribute to the design- and delivery- of any new training programme. The SGA has made the case that cost must not act as a barrier.
