PE2021, which was lodged by David Peter Buckland and Graham Charlesworth, calls on the Scottish Parliament to urge the Scottish Government to clarify the definition of protected animals, as contained in the Animal Health and Welfare (Scotland) Act 2006 and the associated guidance, to ensure that the feral sheep on St Kilda are covered by that legislation, enabling interventions to reduce the risk of winter starvation and the consequential suffering of the sheep.
We previously considered the petition on 1 May 2024, when we agreed to write to the Scottish Government. The response from the Government states that it
“does not consider there is a need to clarify the definition of protected animals in the Animal Health and Welfare (Scotland) Act 2006 and associated guidance.”
It remains the Government’s view that the sheep on St Kilda are
“protected by the Wild Mammals (Protection) Act 1996, in the same way as any unowned and unmanaged population of wild deer.”
We had requested a copy of the June 2009 communication between the Scottish Government and the National Trust for Scotland, but the Government has been unable to locate that document, which was likely to have been deleted from its system in 2019, in line with its retention and disposal policy.
We have received two submissions from the petitioners, the first of which comments on submissions from the National Trust for Scotland and the Scottish Government and refers back to the passage of the 2006 act and the provision of detailed guidance to explain exactly which animals are protected under the legislation.
The petitioners make comparisons with similar legislation in England and Wales. There, the United Kingdom chief veterinary officer’s interpretation of animals
“of a kind commonly domesticated in the British Islands”
is such that Soay sheep found in Lundy, an island off the north coast of Devon, are considered to be feral sheep. That means that the sheep are protected under the equivalent legislation in England and Wales and have been subject to humane culling to control the population.
The petitioners’ second submission provides information on the various freedom of information requests that they have made. The responses have revealed that UNESCO has raised concerns that mismanagement of the sheep population on St Kilda could be adversely affecting the outstanding universal value of the world heritage site, which is recognised for its natural and cultural significance.
I would like to hear colleagues’ thoughts on how we might proceed. We can either have another go at this or take the view that we have run out of steam.