Freedom of Information Request - Hunting with Dogs - Development of Licensing Scheme
Date: 14 April 2025
Our ref: SIR179120/A5088960
Information Request – Hunting with Dogs - Development of Licensing Scheme
Your Request
‘Please provide the following:
All records, emails, reports, minutes and any other correspondence relating to the development of the licencing scheme, in particular any legal review of the implications under the Human Rights Act 1998 and ECHR.
The risk assessment that justifies twice the cost and manpower in SNH to attend compliance monitoring visits.
Any reports of illegal hunting.’
Our Response
All records, emails, reports, minutes and any other correspondence relating to the development of the licencing scheme, in particular any legal review of the implications under the Human Rights Act 1998 and ECHR?
Following a search of the information we hold our response is attached separately.
The licencing guidance documents referred to in the attached correspondence is available from our website: Hunting with dogs and licensing.
Our current licencing scheme is under review. Any documents relevant to this review have been withheld under EIR exemption Regulation 10(4)(d) - Material in the course of completion, unfinished documents, and incomplete data (Environmental Information Regulations).
We have also withheld legal correspondence. This information is being withheld as this correspondence falls under legal advice privilege and was carried out in circumstances imparting an obligation of confidentiality. While we acknowledge that it can be in the public interest to publish legal advice, in this case the public interest is served by maintaining the principle of legal advice privilege. We, therefore, withhold this information under EIRs Regulation 10(5)(d) (confidentiality provided in law).
We have also withheld some records of meetings with the Scottish Government. We have concluded that, in this specific instance, the public interest in making the information available is outweighed by the public interest in withholding it. There is a need, on occasion, for public bodies to have space to exchange views and information on developing areas of work. We are therefore
withholding the information under EIRs Regulation 10(4)(e) (Internal Communications).
We have redacted (marked out) specific information on the areas/places where hunting with dogs might be taking place. Releasing this information into the public domain in response to this request risks the individuals involved in hunting being identified and could lead them to being targeted and/or harassed posing a risk to public safety. We are therefore withholding this
information under EIRs regulation 10(5)(a) (Public Safety).
We have also redacted some personal data in the documents provided. Releasing the 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 EIRs Regulation 11(2) (Personal data).
Other information is available in the public domain from the following links:
- Hunting with dogs - analysis of consultation responses
- SCOTTISH GOVERNMENT RESPONSE TO THE RURAL AFFAIRS, ISLANDS, AND NATURAL ENVIRONMENT COMMITTEE’S REPORT ON THE HUNTING WITH DOGS (SCOTLAND) BILL AT STAGE 1
- Letter to Scottish Parliament Committee from Minister - December 2022
The risk assessment to attend compliance monitoring visits?
Following a search of the information we hold our response is attached separately.
Any reports of illegal hunting?.
Since the introduction of the Hunting with Dogs Act in October 2023, there have been 12 incidents of illegal hunting reported, broken down as follows:
• 2023 – 6
• 2024 – 4
• 2025 – 2
As these incidents are either still being investigated by Police Scotland, or have been reported to the Procurator Fiscal, we cannot provide further details. Releasing any information which is likely to prejudice that prosecution will not be in the interests of the public. Disclosure of this information would undermine the basis on which individuals, including victims and witnesses, contribute to the criminal justice process. We are therefore withholding this under EIR exemption Regulation 10(5)(b) – Substantial prejudice to the course of justice, etc (Environmental Information Regulations).
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).
