Question to the Department for Environment, Food and Rural Affairs:
To ask the Secretary of State for Environment, Food and Rural Affairs, for what reason landowners of country estates are not subject to vicarious liability in instances of raptor persecution.
This government takes wildlife crime seriously. We have significant sanctions for crimes against birds of prey in place which include an unlimited fine and/or a six-month custodial sentence.
Raptor persecution is a national wildlife crime priority. Defra continues to be fully involved with the police-led national Bird of Prey Crime Priority Delivery Group and Natural England continues to work closely with wildlife crime officers. In 2022, Defra more than doubled its funding of the National Wildlife Crime Unit from a total of £495,000 over the three previous years to £1.2 million for the three year period of 2022-25 to tackle priorities including crimes against birds of prey.
Where any birds of prey are killed illegally the full force of the law should apply to proven perpetrators of the crime. Vicarious liability occurs where one person can be held liable for the actions of another person. In relation to raptor persecution this means a landowner (or shooting manager) can be held criminally liable for unlawful acts of others on their land such as the shooting of a bird of prey. It has been introduced in Scotland but it is unclear whether it has had a significant deterrent effect. We will continue to monitor the situation in Scotland to consider whether it is necessary and proportionate to assist in tackling wildlife crime in England.