Increased Powers for The SSPCA:

Over many years now there have been repeated calls for the Scottish Society for the Prevention of Cruelty to Animals (SSPCA) to be given more powers to investigate offences against wild animals.

At present the SSPCA can only investigate where an animal is classified as ‘a protected animal’. A ‘protected animal’ is defined as ‘of a kind which is commonly domesticated in the British Islands, and under the control of man on a permanent or temporary basis, or not living in a wild state.’ This definition effectively excludes most wild mammals and birds in most circumstances.

So whilst the SSPCA can recover injured wild animals they cannot investigate how a dead one came by its injuries. This is clearly a ludicrous situation and one that needs to be changed.

The view of the general public seems to be supportive of extra powers for the SSPCA. They are highly experienced at what they do and can concentrate on it, unlike the police who have many other calls on their resources. As a charity their work receives no government funding and so the state gets a highly specialised investigative resource entirely free of charge. A clear ‘no brainer’ one might think.

So why the reluctance on the part of the Scottish Government who have been kicking this particular can down the road for years? Well there seems to be some powerful opposition from some groups.

The Scottish Countryside Alliance says “we cannot support the suggested increased powers for the Scottish SPCA as we do not believe that inspectors can operate impartiality (sic) or without prejudice.” Is this the same organisation that has had its representatives barred from Wildlife Crime Persecution Priority Delivery Groups following revelations during a meeting of the Hunting Office which resulted in a criminal conviction?

The Scottish Gamekeepers Association (SGA) also opposes increased powers for the SSPCA. Bird crime statistics show that 66% of raptor crime convictions since 1990 were of gamekeepers so they would say that wouldn’t they? The SGA are however very keen to have gamekeepers enrolled as Special Constables!

Scottish Land and Estates (SLE) is another body that opposes the increased powers. Interestingly they seem to have no problems with Bailiffs from District Salmon Fishery Boards (DSFBs) who have extensive powers of entry and arrest whilst acting to protect their employers fishing rights. Many of those employers are of course members of SLE.

The Game and Wildlife Conservation Trust, the British Association for Shooting and Conservation and the various local Moorland Groups also oppose increasing SSPCA powers. As their membership overlaps considerably with the above three organisations this is hardly surprising.

What is surprising is the reluctance of the Scottish Government to act. Surely they are not in thrall to these admittedly powerful organisations? Surely their oft stated concern for their country’s natural heritage and their claims to want to tackle the increasing scourge of wildlife crime should trump any pressure from vested interests?

Suggestions that the SSPCA cannot operate impartially or without prejudice are just so much guff. DSFB Bailiffs have far greater powers than those proposed for the SSPCA. Gamekeepers are unhappy with extra powers for the SSPCA but keen to have Special Constables powers for themselves. The police have no rules against their members taking part in hunting or shooting or in belonging to any of the above organisations including the SSPCA and many do. Does it then follow that these police officers are unable to carry out their duties without impartiality or prejudice?

All criminal cases in Scotland are brought by the Crown Office and Procurator Service (COPFS) who mark cases carefully according to a series of guidelines before deciding what action, if any to take. This ensures a depth of scrutiny intended to eliminate impartiality and prejudice. SSPCA report cases to COPFS who undertake any prosecution. They do not bring prosecutions themselves.

Members of the public looking at this situation from the outside might come to the view that, for all its tough talk, the Scottish Government with its Green contingent, is running scared. They might also wonder if the organisations opposing increased powers so vociferously have something to hide.