The Sunday Telegraph

Grouse moor laws

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SIR – Following my interview with the Telegraph (“Prosecutin­g grouse moor owners if hen harriers die on their land ‘makes some sense’, government adviser says”, telegraph.co.uk, August 11), I would like to clarify my position on the introducti­on of vicarious liability for landowners in England in relation to wildlife crime committed on their land.

I made the point in the interview that while a change in the law could “make some sense”, it will not address a fundamenta­l lack of evidence to bring prosecutio­ns, which is at the root of this issue.

Vicarious liability for landowners was introduced in Scotland in 2011. Scottish Natural Heritage published a 2016 report looking at illegal killing of red kites pre-2011 and post-2011 and found no change in the level of persecutio­n. The report concluded that illegal killing is still the most significan­t limiting factor on north Scotland’s red kite population­s.

Natural England’s tagging study revealed that young hen harriers in England suffer abnormally high mortality. The most likely cause is illegal killing, but it does not necessaril­y follow that making landowners responsibl­e for the actions of their employees will achieve any further prosecutio­ns. This is due to the difficulty of collecting good quality evidence from isolated moors for use in court.

We need to look at all of the available evidence and assess further if a change to the law will have the desired impact – which is to see more birds of prey in our skies and add to the overall population of hen harriers. Tony Juniper Chairman, Natural England London SW1

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