A fiery issue
Fundamentally, proposals linked to landownership are a fiery issue. Landownership underpins sporting rights, including the right to shoot grouse. Property rights like this are protected under the European Convention on Human Rights, so any state restrictions to shoot grouse could violate Article 1 of the First Protocol.
Crucially, losing the right to shoot grouse not only results in the immediate financial loss for the licence holder, but it has far-reaching consequences in respect to rural unemployment, depopulation and biodiversity loss. Remote and rural areas are already facing significant pressures due to the cost-of-living crisis and a ‘brain-drain’ to the Central Belt and other major cities.
The proposals are predicated on a tenuous link between wildlife crime and grouse moor management. With no concrete evidence available to suggest there are higher levels of wildlife crime on land managed for grouse shooting than elsewhere, the proposals are heavy-handed, given wildlife crimes are already punishable by Scots criminal law. Additionally, NatureScot has the ability to revoke a land manager’s general licence. Quite frankly, it is disproportionate and illogical.
What the consultation proposes is the licensing of all muirburn, and a statutory ban on muirburn on peatland (where peat has a depth of 40 cm or more) unless it is for habitat restoration, to prevent the risk of wildfire, or for research.
Muirburn provides a mosaic landscape which supports rich biodiversity, in both the context of flora and fauna. Yet the Bill’s proposals seek its further regulation and restriction.
Burning vegetation in the uplands is an essential tool in wildfire management and mitigation. While it can increase biodiversity, it is ultimately site dependent, and hence the Bill’s ‘one size fits all’ approach is simply unfeasible.
With wildfires increasing in intensity and frequency across the UK and Europe, we share the view of Scottish Fire and Rescue in recognising the importance of muirburn in preventing, reducing and tackling wildfires.
Contrary to proposals, it would unfeasible, laborious, and impractical for land managers to be expected to measure peat depth across their land as part of a licensing regime, in order to establish the depth of peatland at 40cm to determine whether they could burn or not.