Environment and Rural Affairs Department To Interested Parties | Area 1B Pentland House 47 Robb's Loan Edinburgh EH14 1TY Telephone: 0131-244 6359 Fax: 0131-244 6509 John.brownlee@scotland.gsi.gov.uk http://www.scotland.gov.uk 18 October 2004 |
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Dear Consultee
NATURE CONSERVATION ( SCOTLAND ) ACT 2004
CONSULTATION ON THE OFFENCE OF POSSESSION OF ANY PESTICIDE CONTAINING ONE OR MORE PRESCRIBED ACTIVE INGREDIENT
This letter seeks your comments on
The offence of Possession of any Pesticide containing one or more prescribed active ingredient.
Please send your comments on this paper and completed Respondee information form to John Brownlee, no later than 10 January 2005 , at the address above. Alternatively responses can be e-mailed to; john.brownlee@scotland.gsi.gov.uk.
If you have any queries contact John Brownlee on 0131 244 6359 or Fraser Scott on 0131 244 6360
Nature Conservation ( Scotland ) Act 2004
In order to address the unacceptable practice of killing birds of prey and other wildlife by illegal poisoning, the Nature Conservation (Scotland) Act 2004 introduced a new offence of "Possession of any Pesticide containing one or more prescribed active ingredient" through an amendment to the Wildlife and Countryside Act 1981 (WCA). The new Section 15A of the WCA provides that any person in possession of a pesticide which contains one or more prescribed active ingredient commits an offence unless the person has the lawful excuse of possessing the pesticide for the purpose of doing anything under the Food and Environment Protection Act 1985, or the Biocidal Products Regulations 2001.
Legislation will be laid before the Scottish Parliament in order to implement the provisions of the Act in relation to Possession of Pesticides and will include a list of prescribed active ingredients. It is intended that the active ingredients included on the prescribed list represents those most commonly used in illegal wildlife poisoning incidents. In consultation with the Scottish Agricultural Science Agency (SASA) who operate the Scottish Wildlife Incident Investigation Scheme (WIIS) on behalf of the Scottish Executive Environment and Rural Affairs Department (SEERAD) and produce an annual Pesticide Poisoning of Animals Report, it was decided that the following active ingredients namely Aldicarb, Carbofuran, Chloralose, Mevinphos and Strychnine be recommended for inclusion on the list of prescribed active ingredients.
It is envisaged that the list of prescribed active ingredients be reviewed periodically and amended to take account of any changes in the list of chemicals most frequently used in illegal poisoning incidents as indicated through the annual Pesticide Poisoning of Animals Reports prepared by SASA.
Your views are welcomed on the following points;
1. The list of prescribed active ingredients, for example any suggested additions to or deletions from the proposed list with reasons for the suggestion.
2. Reviewing the list of prescribed active ingredients, for example how the list should be reviewed and with what degree of frequency.
Yours faithfully
John Brownlee
Agricultural Pests, Pollution and Pesticides
Respondee Information Form
SEERAD, Agricultural Pests, Pollution and Pesticides Branch
We require your permission to make your response available to the public, and therefore would be grateful if you could return the Respondee Information Form along with your reply to enable us to handle your response appropriately.
We intend making all non-confidential responses available to the public in the following ways:
• In hard copy at the Scottish Executive Library, K Spur, Saughton House, Broomhouse Drive , Edinburgh , EH11 3XD by 7 February 2005 . Copies of responses can be viewed by visiting the library or can also be provided by post. Charges for photocopies are made on a cost-recovery basis. To request copies by post and enquire about charges or make an appointment to view responses at the library, contact the Library on 0131 244 4552.
• In full or summary form on the Scottish Executive consultation web pages by 14 February 2005
We also intend to post a summary or analysis of responses received to the consultation on the Scottish Executive consultation web pages by 4 April 2005 .
A new email alert system for SE consultations, SEconsult at ( http://www.scotland.gov.uk/consultations/seconsult.aspx) now allows stakeholder individuals and organisations to register and receive a weekly email containing details of all new SE consultations (including web links). SEconsult complements, but in no way replaces SE distribution lists, and is designed to allow stakeholders to keep up to date with all SE consultations activity, and therefore be alerted at the earliest opportunity to those of most interest. We would encourage you to register.
This consultation, and all other SE consultation exercises, can be viewed online at http://www.scotland.gov.uk/consultations. You can telephone Freephone 0800 77 1234 to find out where your nearest public internet access point is.
Please return this form to:
John Brownlee
SEERAD
Agricultural Pests, Pollution and Pesticides
Area 1B
Pentland House
47 Robb's Loan
Edinburgh , EH14 1TY
Respondee Information Form
SEERAD, Agricultural Pests, Pollution and Pesticides Branch
Please complete the details below and attach it with your response. This will help ensure we handle your response appropriately:
Name & Postal Address:
Consultation title: CONSULTATION ON THE OFFENCE OF POSSESSION OF ANY PESTICIDE CONTAINING ONE OR MORE PRESCRIBED ACTIVE INGREDIENT
1 .
Are you responding as: (please tick one box)
(a) an individual (go to 2a/b)
(b) on behalf of a group or organisation (go to 2c)
2a. INDIVIDUALS:
Do you agree to your response being made available to the public (in SE library and/or on SE website)?
Yes, (go to 2b below)
No, not at all
2b. Where confidentiality is not requested, we will make your response available to the public on the following basis (
please tick one of the following boxes)
Yes, make my response, name and address all available
Yes, make my response available, but not my name or address
Yes, make my response and name available, but not my address
2c. ON BEHALF OF GROUPS OR ORGANISATIONS:
Your name and address as respondees will be made available to the public (in the SE library and/or on SE website). Are you content for your response to be made available also?
Yes
No
3. SHARING RESPONSES/FUTURE ENGAGEMENT
We will share your response internally with other SE policy teams who may be addressing the issues you discuss. They may wish to contact you again in the future, but we require your permission to do so. Are you content for the Scottish Executive to contact you again in the future in relation to this consultation response?
Yes No