Vicarious Liability - a step in the right direction?

[earthdragon64]

The Scottish Government is intending to table an amendment to current Wildlife legislation going through the Scottish Parliament which would make land owners responsible for any illegal acts against wildlife by their employees.

More information here;

Landowners facing prosecution for bird poisonings - Telegraph

The RSPB: News: Vicarious liability for landowners in the fight against wildlife crime welcome

I think that this could be a really positive step in the fighting of wildlife crime. It would hopefully stop landowners claiming ignorance if their gamekeepers poison raptors, but would also help protect those gamekeepers who are maybe being pressured into removing all threats to game birds.

Regards, Audrey.

[htcdude]

It'll be good in that sense, but a shame if you're a landowner who keeps having people trespass on your land, killing wildlife, and then you get done for it.

Nige

[Acipiter]

Until they make the punishment severe, I can not see it will make much deference.

[Rob_D]

I have long been an advocate of this policy as it seemed clear that there were many landowners getting away with it by getting their keepers to take the fall. It does remain to be seen whether the courts will actually fine the landowners appropriately, and £5000 isn't alot of money for many of these nasty individuals who earn a lot from shooting. Surely, the fines should be much higher for repeat offences, though removal of farm subsidies like happened to Mr Dodd of Glenogil seems to be another option. (Although it hasn't stopped him yet).

htcdude - I don't believe law abiding landowners have anything to fear from this- the law is to be applied only where an employee is found to be carrying out the action. If any persecution were carried out by a trespasser, this new law could not be applied.

Anyway, the rule of law is very important to maintain, and it'll still be just as difficult to get hard evidence to prosecute these scumbags. At last a number of the Scottish landowners have appeared to condemn poisonings outright this year without making the usual excuses. Perhaps social stigmatisation against killing our wildlife is more effective than the law?

[htcdude]

Originally Posted by Rob_D

htcdude - I don't believe law abiding landowners have anything to fear from this- the law is to be applied only where an employee is found to be carrying out the action. If any persecution were carried out by a trespasser, this new law could not be applied.

That'll teach me to read it properly!

Nige

[captaincarot]

not one minute too soon, actually about 100 years too late but at least it's a step in the right direction.
personally i'd like to see shoots licenced and any infraction resulting in a 3 month suspension to the licence.

lets see a few grouse moors closed down from 12th august till 12th november and see how long they keep up the persecution for.

[Brocakat]

Intersting to recall that HRH owns a fair bit of land , North of the Border.

I wonder if this Scottish Bill would be applicable to land that is owned by Q. E. 2nd ?

A potential embarrassment could be on the cards...

[RobSutton]

Originally Posted by Brocakat

Intersting to recall that HRH owns a fair bit of land , North of the Border.

I wonder if this Scottish Bill would be applicable to land that is owned by Q. E. 2nd ?

A potential embarrassment could be on the cards...

I certainly hope so!

[earthdragon64]

According to the information in the Telegraph link I gave in the opening post, it will be applicable to the Queen's land.

Regards, Audrey.

[John B (NTS)]

Originally Posted by captaincarot

not one minute too soon, actually about 100 years too late but at least it's a step in the right direction.
personally i'd like to see shoots licenced and any infraction resulting in a 3 month suspension to the licence.

lets see a few grouse moors closed down from 12th august till 12th november and see how long they keep up the persecution for.

Make it a 12 month suspension and I'm right with you.....