Ministers press ahead with ‘flawed’ deer bill

Amendments rejected at Stage 2

Amendments aimed at fixing what rural organisations call “major flaws” in the Natural Environment (Scotland) Bill were rejected at a Stage 2 debate on 3 December.

Those representing deer managers’ and landowners’ interests say they will continue pressing MSPs to change the bill’s provisions on mandatory training and NatureScot’s intervention powers before it completes its passage through Holyrood.

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Concerns over mandatory training

BASC argues mandatory training could halve stalker numbers from around 15,000 to fewer than 7,500. Responding to the defeat, Scotland director Peter Clark said the measure has no evidential basis and would threaten self-regulation while jeopardising Scotland’s climate and biodiversity objectives.

He warned it could also have implications for those travelling from England to Scotland to manage deer.

The bill would require all stalkers to complete formal training and register with NatureScot before being able to shoot deer legally in Scotland.

Minister Jim Fairlie said during the Stage 2 debate that further consultation would follow, but BASC warns that leaving details to secondary legislation – regulations made after the bill passes – offers “little certainty for those affected”.

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Debate on intervention powers

Also defeated at Stage 2 were amendments to the Section 6ZB powers. These would allow NatureScot to intervene in deer management for “nature restoration”, a significant change from current law, which only permits intervention when deer cause damage. NatureScot could reject management plans or commission contractors to carry out culls, with non-compliant landowners potentially facing fines or prison.

Prior to the Stage 2 debate, the Scottish Gamekeepers Association’s Deer Group member George Macdonald warned: “Our members have already upped their culls. They are playing their part but no one can afford to shoot themselves out of a job. The Scottish Government and NatureScot should be incentivising greater deer management, not pushing people to the brink through unprecedented enforcement.”

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Civil servant warnings revealed

Days before the Stage 2 debate, Scottish Land & Estates (SLE) revealed documents obtained through a freedom of information request showing that civil servants had warned ministers about problems with Section 6ZB of the bill as long ago as June 2023.

Ross Ewing, director of moorland at SLE, said: “It is deeply concerning to learn that, as far back as June 2023, civil servants had already warned ministers of these very issues – yet the Scottish Government pressed ahead regardless. To proceed would be to introduce legislation that their own officials say will waste public money and effort, while exposing the Government to entirely avoidable legal challenges.”

Peter Clark added: “We urge MSPs and ministers to reconsider these issues at Stage 3 to ensure the final legislation supports rather than undermines the very people who deliver Scotland’s deer management.”