Landowners face jail threat over bird deaths
LANDOWNERS could be jailed for the illegal killing of wild birds by their employees under new legislation that comes into force today.
The landmark “vicarious liability” legislation allows the prosecution of landowners or managers who fail to take steps to ensure staff and contractors act within the law.
The legislation applies to the unlawful killing of wild birds and the possession of banned pesticides. The maximum penalty is six months in prison or a £5,000 fine, or both.
Landowners will be entitled to argue they did not know about the crime and took all reasonable steps to prevent it, as a defence.
Detective Inspector Brian Stuart, head of the UK National Wildlife Crime Unit, said vicarious liability will serve as a deterrent to owners and managers who turn a blind eye to “questionable practices” on their land.
“It will also provide law enforcement with much needed powers to target the minority of landowners and managers who are content to benefit from offences committed by their employee rather than acting as custodians of our natural environment.”
The latest RSPB Scotland annual report shows that 29 birds of prey were illegally poisoned in 2010. A further eight birds of prey were also confirmed as victims of shooting, trapping or nest destruction.
Duncan Orr-Ewing, the charity’s head of species and land management, said: “Criminal activity against our vulnerable birds of prey populations is deeply ingrained in some parts of rural Scotland. The introduction of vicarious liability, targeting those who are still killing birds of prey illegally, is a welcome and proportionate response.”
Environment Minister Stewart Stevenson said the legislation highlights the importance of landowners and managers who run shooting businesses taking a proactive role in ensuring employees and contractors are aware of the law.
“Most such businesses already do act responsibly, but the small minority of managers and owners who don’t will be at risk of prosecution.”
Luke Borwick, chairman of Scottish Land and Estates, said: “We have made clear our reservations about the necessity for a statutory approach, but it is now important that there is absolute clarity for landowners, managers and gamekeepers on how the legislation will be enforced.”
Email to a friend
Print this page- Family mourn death of Glasgow ‘fight’ schoolboy
- Rangers takeover: Duff & Phelps threaten legal action against BBC
- Today’s youth not fit to be employed, says car firm Arnold Clark
- Rangers administration: Fans fear Duff & Phelps claims could scare off Green
- Rangers takeover: triple penalty punishment enough, says Johnston
- Alistair Darling leads ‘No to independence’ fight over tea and biscuits
- Scottish independence: SNP flip-flops over Nato
- Scottish Independence: SNP ‘won’t be Yes campaign’s only voice’
- Scottish independence: Alex Salmond’s pledge to sign up 1m voters
- Today’s youth not fit to be employed, says car firm Arnold Clark
Looking for...
Featured advertisers
Jobs
Search for a job
Motors
Search for a car
Property
Search for a house
Weather for Edinburgh
Sunday 27 May 2012
Today
Sunny
Temperature: 11 C to 21 C
Wind Speed: 12 mph
Wind direction: North east
Tomorrow
Sunny
Temperature: 9 C to 21 C
Wind Speed: 12 mph
Wind direction: North east
Comments
There are 5 comments to this article
Page 1 of 1
nabodican
Monday, January 2, 2012 at 03:29 PMKill the birds with wind turbines and it is perfectly legal though.
jerrymanders
Sunday, January 1, 2012 at 07:34 PMTake away their right to shoot.
Ron Greer
Sunday, January 1, 2012 at 10:38 AMThis country is run to suit land monopoly vested interests. The Union of 1707 was arranged to expand the land monopoly of both sets of landed ruling classes in both Scotland and England. One of the results was the British Empire--the biggest land grab in history. We are currently living in a recession caused by speculation in land rental values( the speculation was not in bricks and mortar pers se) This process has not stopped ( who benefits from LRV increases on land designated for windfarms?) Demand for Scottish sporting estates remains high and 'property' prices( sic the LRV) in Falkirk are going up, not because of the desirability of the bricks and mortar, but because the land the houses are sitting on is within easy commuting distance of Glasgow and Edinburgh. All of this desirability is not caused because of the actions of the owner-occupiers, but because of societal demand 1e, the LRV is 100% created by society. If there was a 100% collection of LRV to replace all taxes on bricks and mortar, simple hard work and enterprise then we would see who really needs land and who just wants it. We'd also see an end to the recession and the quasi-feudal, Victorian-Edwardian nightmare world of present rural Scotland.
Slioch.
Sunday, January 1, 2012 at 10:01 AM#1 gus1940 .... Agreed. The £5,000 fine is particularly absurd. It represents a tiny fraction of the expenditure involved with running a sporting estate. Threatening poisoners with a fine of £5,000 is like saying to them, "Carry on poisoning, chaps, but for the sake of appearances we will have to occasionally impose a bit of wrist slapping. Oh, and don't worry about the six month jail bit - that's just for the audience: it will be implemented with the lightest possible touch."
gus1940
Sunday, January 1, 2012 at 08:43 AMLudicrously low max punishment - only 6 months and or £5000 fine. Really hit the bas---ds and confiscate their estates as well .
Page 1 of 1
Your view
Please sign in to be able to comment on this story.