Freedom of Information Request - Draft Muirburn Code, consultation response, and process questions
Date: 21 May 2025
Our ref: SIR180032/A5154501
Information Request – Draft Muirburn Code, consultation response, and process questions
Your Request
1. Who are the members of the Muirburn Code Working Group?
2. Which officers of NatureScot have been involved in drawing up the draft Code, and what has been their involvement?
3. When did the Muirburn Code Working Group meet, were the meetings minuted? If so, I request a copy of the minutes of each meeting
4. Who proposed increasing the slope angle over which muirburn could be carried out from 27 to 45 degrees? Was this proposed by a stakeholder(s), if so, which ones? If it was proposed by a NatureScot officer, who? Was this opposed by any stakeholder(s), if so, which ones, and how were their objections handled by NatureScot?
5. What internal review or internal consultation did NatureScot carry out before deciding to consult on this change to the slope angle? Who was consulted within NatureScot, how and when were they consulted, how did they respond?
6. What assessment has NatureScot made of the increased area over which muirburn could be carried out as a result of the proposed change?
7. Is it no longer Scottish Government policy that reduction or removal of farm payments should be a sanction for breach of the muirburn code?
8. If this is still Government policy, why does the draft code no longer refer to it? Who proposed removing reference to it – a stakeholder, or NatureScot officer?
9. What internal review or internal consultation did NatureScot carry out before deciding to consult on the draft where this sanction is no-longer included in the Code?
Who was consulted within NatureScot, how and when were they consulted, how did they respond?
10. I wish to see all drafts of the draft Code, with tracked changes or comments included in the drafts where they were made.
Our Response
Following a search of the information we hold our response is below. To note, the Muirburn Code is currently under development, and we are collating responses from the consultation which closed on 5th May. The new Code will sit in a clear regulatory function and will be different to the current Muirburn Code. The answers provided below relate to the development phase of the new Muirburn Code.
Who are the members of the Muirburn Code Working Group?
The group membership consists of representatives from: NatureScot, Scottish Land and Estates (SLE), Royal Society for the Protection of Birds (RSPB), IUCN UK Peatland Programme, Scottish Wildlife Trust (SWT), Scottish Regional Moorland Groups, Scottish Gamekeepers Association (SGA), British Association for Shooting and Conservation (BASC), Game & Wildlife Conservation Trust (GWCT), Cairngorms National Park Authority (CNPA), James Hutton Institute (JHI), National Farmers Union Scotland (NFUS), Scottish Crofters Federation (SCF), Scottish Fire and Rescue Service (SFRS), The Heather Trust, and is chaired by Margaret Davidson, a member of NatureScot’s Board.
Which officers of NatureScot have been involved in drawing up the draft Code, and what has been their involvement?
Our Licencing team has led on this work, with specialist input from uplands, peatland, agriculture and soil science advisers. We will not name specific officers because releasing personal or identifiable data into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under 11(2) (Personal Data) of the EIRs.
When did the Muirburn Code Working Group meet, were the meetings minuted? If so, I request a copy of the minutes of each meeting
The Muirburn Code Working Group has met for ten main meetings and some sub meetings, with the first meeting held in September 2023. The minutes from these meetings are attached separately - except for the minutes from the most recent meeting on the 28 April 2025, which is still under development.
We have redacted personal data from the documents because releasing personal data into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under 11(2) (Personal Data) of the EIRs.
Who proposed increasing the slope angle over which muirburn could be carried out from 27 to 45 degrees? Was this proposed by a stakeholder(s), if so, which ones? If it was proposed by a NatureScot officer, who? Was this opposed by any stakeholder(s), if so, which ones, and how were their objections handled by NatureScot?
The issue was raised in discussion with the Muirburn Code Working Group. The discussion focused on what evidence exists on impacts of burning on slopes generally and at specific levels of steepness. The topic remains under review as the consultation on the Code closed on 05 May and the responses are being collated and evaluated.
We will not name specific individuals because releasing personal or identifiable data into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under 11(2) (Personal Data) of the EIRs.
What internal review or internal consultation did NatureScot carry out before deciding to consult on this change to the slope angle? Who was consulted within NatureScot, how and when were they consulted, how did they respond?
Our soil science and upland habitat specialists were consulted. They asked for advice from research colleagues in other organisations and found there was a lack of evidence. Consequently, NatureScot is exploring options to commission targeted research to gather evidence on this topic. Further information is attached separately.
We have redacted personal data from the documents because releasing personal data into the public domain in response to an access to information request would breach the Data Protection Act 2018. We are therefore withholding the information under 11(2) (Personal Data) of the EIRs.
What assessment has NatureScot made of the increased area over which muirburn could be carried out as a result of the proposed change?
This isn’t a change in the respect that the advice to not burn on steep slopes of 27% or more remains in the consultation draft. Currently, as the Muirburn Code has no statutory basis, there is no way of enforcing any of the constraints, including not burning on slopes.
Is it no longer Scottish Government policy that reduction or removal of farm payments should be a sanction for breach of the muirburn code?
If this is still Government policy, why does the draft code no longer refer to it? Who proposed removing reference to it – a stakeholder, or NatureScot officer?
This new Muirburn Code will sit in a new regulatory framework. Agricultural payments are currently undergoing changes and currently there is no payment available for muirburn. Further information may be available from the Scottish Government.
The code does not refer to penalties for not complying with Muirburn as those penalties are linked to specific agricultural subsidies. Farmers/Crofters entering into those subsidies will be subject to contracts which would stipulate any adherence to the Muirburn code.
What internal review or internal consultation did NatureScot carry out before deciding to consult on the draft where this sanction is no longer included in the Code? Who was consulted within NatureScot, how and when were they consulted, how did they respond?
The Wildlife Management and Muirburn Act does not stipulate this requirement.
I wish to see all drafts of the draft Code, with tracked changes or comments included in the drafts where they were made.
This is attached separately.
How We Handled Your Request
We believe you have asked for environmental information as defined in the Environmental Information (Scotland Regulations 2004 (‘the EIRs’), so we are dealing with your request under those regulations. To be able to use the EIRs, we must apply an exemption under section 39(2) of the Freedom of Information (Scotland) Act 2002 (‘FOISA’). The Scottish Information Commissioner’s guidance recommends that public authorities apply this exemption to environmental information and handle request under the EIRs.
If you would like to find out more about the access to information legislation, there is a guidance booklet available on the Scottish Information Commissioner’s website.
Review and Appeal
I hope this information meets your requirements, but if you are dissatisfied with how we have responded to your information request, please write to us within 40 working days explaining your concerns. You can contact us at Battleby, Redgorton, Perth, PH1 3EW or email us at [email protected]. We will carry out a review of our response and contact you with our findings within 20 working days.
If you are not satisfied following this, you can make an appeal to the Scottish Information Commissioner within 6 months. The Scottish Information Commissioner can be contacted at:
Scottish Information Commissioner
Kinburn Castle
Doubledykes Road
St Andrews
Fife
KY16 9DS
Telephone: 01334 464610
Yours sincerely
FOI Officer,
NatureScot
Document downloads
Due to accessibility issues the attached information, referenced above, is available on request by contacting the FOI team at [email protected]. Please reference the case number (starting with SIR).
