An Open Letter to my local MP on the fate of the Hen Harrier in England and Wales

The below is an open letter to my local MP on the subject of Hen Harrier persecution. I recently spent a year living near the Forest of Bowland, where I never got to see a Hen Harrier, despite it being their last stronghold, and not for want of looking. The shooting industry is to blame.  Soon the only Hen Harriers in England will be the wintering individuals found on wetlands in the South East.

Use it for inspiration, ideas, whatever, but I must request that you please do not treat it as a form letter and produce copies of it.

Dear Mrs Watkinson

I am writing to express my disappointment about some of the recommendations of the Environmental Audit Commission to the government, made in October 2013, in particular the failure to call for the introduction of an offence of ‘vicarious liability’ for landowners who fail to prevent the persecution of birds of prey on their land in England and Wales. The offence of Vicarious Liability is essential if we are to reverse the terrible decline in birds such as the Hen Harrier (Circus cyanaeus) in the UK.

There is a widespread perception among gamekeepers and others in the shooting industry that birds of prey like C. cyanaeus inflict substantial losses on the quarry species which the industry commercially exploits, and as such, its persecution is ongoing and well documented, despite the legal protection it is supposed to receive.  Gamekeepers, where caught, can be tried and jailed for the illegal killing of Hen Harriers, however, in what can only be described as an affront to reason and to social justice, their employers enjoy impunity. Therefore, were I a land owner, in charge of a shooting estate, I could ask my employee to kill a hen harrier, and face no threat of prosecution, a mere denial being sufficient to absolve me of responsibility. Indeed, many gamekeepers convicted of offences against birds of prey have stated that their employer did nothing to discourage wildlife crime by their staff.  This situation has to change. If a crime boss pays an assassin to kill for him, or pays a criminal to steal a precious item, then both parties are clearly liable for that offence. Why should this change when the crime is committed against endangered wildlife, and the victims are biodiversity and all who care for it? When a gamekeeper commits an offence against wildlife, both he and his employer, who is ultimately responsible, should face jail.  One may suggest that issues of social class on the part of the lawmakers, willing to send a country lad to jail, but heaven forbid one of their colleagues should be put in such a situation, is responsible for this obvious inadequacy in the law.   

Another option which could be explored, perhaps in addition to Vicarious Liability, would be to introduce a policy of licensing for Grouse Moors and other areas used by the shooting industry.  Thus, after a confirmed incidence of raptor persecution, or the use of an illegal snare, for example, the licence for shooting on an estate could be revoked for a fixed time period, such as 5 or 10 years. This may provide an effective economic deterrent, ensuring that the persecution of raptors becomes harmful to the profit margins of the businesses responsible.  Where raptors are shot, shoots are cancelled for years to come, and profits forgone.  In respect of the well documented beneficial effects managing for shooting can have for invertebrate diversity, effective legislation must be employed to prevent unscrupulous landowners ‘repurposing’ the moor or discontinuing management, and interim arrangements to maintain the vegetation cover and wildlife value could be introduced.   Licences may be removed regardless of whether a successful criminal prosecution has occurred.  Such a move may complement existing criminal legislation, providing the conservation and law enforcement agencies with the equipment needed to bring the criminal ecocide of the shooting industry under control.

Hen Harriers, Britain’s most endangered bird, have failed to breed in the Forest of Bowland, Lancashire, in 2013, and in the summer of 2012, Bowland Betty, one of the last of her kind to be fledged in England, a marked and tagged individual, much loved by the local community in Bowland, was shot dead while crossing a grouse moor in Yorkshire. No-one has ever been brought to justice for her killing, and the frustrated city boys on weekend jollies continue slaughter grouse with their shotguns for fun, returning great profits for her killers, oblivious or indifferent to the ecocide they support.  Grouse moor operators also rake in vast sums of money through public subsidies, intended to support food production but freely taken by the shooting industry to line its pockets, and these too are unaffected when birds of prey are killed. Indeed, economic measures against criminals in the shooting industry seem very straightforward and easy to take. What is clear is that measures to protect our birds of prey are needed, and needed immediately, to deter shooting interests from continuing to depauperate our wild countryside of predators and rob everyone who enjoys living in a healthy environment with thriving ecosystems.  Please act now to protect birds of prey.

Yours Sincerely

JohnisJae RGB MSc

Further information about Bowland Betty available here:  http://www.rspb.org.uk/community/ourwork/skydancer/b/skydancer/archive/2012/12/10/bowland-betty-final-update.aspx

Petition Calling for Grouse Moor Licencing here: http://epetitions.direct.gov.uk/petitions/46473

Lydd Airport Expansion

Finding time to blog is sometimes a bit of a challenge.  This is why I am blogging about an announcement made now several weeks ago. On the 10^th of April the news broke that permission had been granted for Lydd airport to be expanded, a measure which will may conclude the story of Dungeness’ National Nature Reserve’s “Death from a thousand cuts” to quote the expression once used by the botanist Brian Ferry, who has worked extensively on the site.

Dungeness Old Lighthouse from the RH&DR narrow-guage railway.

Dungeness, announced as “the other lands end” by a sign welcoming visitors to the expansive National Nature Reserve and ramshackle fishing community, is a totally unique habitat, with no parallel existing anywhere in the world. It consists of miles of shingle, bound by a community of lichen and bryophytes, grazed by a few hardy rabbits and hares.  It shows a complete succession from a maritime flora of rare Sea Kale, a curious, salt-tolerant member of the cabbage family, up to scrub, established on soils left behind by lichen and bryophyte pioneers, an example of life finding a way on a stony desert of rounded pebbles deposited by the sea. Wild flowers grow among the simpler plants and lichens, and in high summer these are visited by a range of butterflies, small tortoiseshell, small heath, small copper.  A single road winds across the foreshore, past the two lighthouses, historic and modern, past the Pilot Inn, serving local fish and chips, past the old coastguard cottages housing the Dungeness Bird Observatory, my home for five weeks in the Autumn of 2010, toward the dual towering, steam emitting monstrosities of Dungeness A and B nuclear power stations. A small footpath cuts north in a straight line across the shingle, past a memorial two a couple of brave Polish lads who died in their Spitfires defending the English coast, a threadbare polish flag flying over the wild, flat shingle country. A series of lakes,  traces of the gravel extraction workings which dot Romney Marsh are attended by herons, and in Autumn, swallows and martins gather over them in their thousands, surround an old cart track, where the lichen flora is barer, and where one can experience jelly legs after hours spent walking over the unstable shingle, which leads up to the famous RSPB reserve, home to the most obliging birds of prey in the country, a population of Marsh Harriers, a bird described by the lands custodians as rarer than a Golden Eagle. Yellow wagtails and meadow pipits breed here, and the reserve hosts black redstarts, specialists in these extreme habitats, and a rare colony of Tree Sparrows.  The gravel workings present an opportunity for migratory birds passing through the area from Great Britain, Ireland, Scandinavia, and even Iceland and Greenland, through the migration bottleneck the peninsula presents, on their way to the Mediterranean and beyond. From the lighthouse the ridges and troughs, landforms typical of an apposition beach, can still be seen, creating interest for Geomorphologists as well as Ecologists.

Rare Lapland Bunting at Dungeness.

Lydd airport as it is now is fairly inoffensive. Light aircraft fly out of it, pleasure flights take in the beauty of the channel coast and the Kent countryside. But the news of impending airport improvements threaten all of this, and, wooed by the promise of a meagre 200 new jobs (according to the Guardian’s transport columnist) local opinion is spilt, although a poll suggested 2/3 people would still rather not see their treasured NNR disappear, and are opposed to the airport expansion.  More concerningly, the scheme has been approved by government who claim, despite all the scientific evidence to the contrary,  that the airport scheme will not damage local wildlife.  This is a clear falsehood, as the RSPB, and Professor Ferry, of whose teaching I had the honour when I was an undergraduate at the University of London, would testify. The Sulphur dioxide pollution associated with jet propulsion causes increased nitrogen deposition to the soil, to which lichens, complex symbioses of algae and fungi, specialists in nutrient-poor environments, in which the two organisms depend on each other to survive, are particularly vulnerable.  The increased nutrient levels will destroy the unique plant communities and the succession.  The RSPB manages its reserve for birds, and flight safety legislation may prevent them from managing in such a way as to encourage them. The Wildlife and Countryside act protecting wild birds from hunting does not apply where there are flight safety issues, and any birds perceived as presenting a danger to flights will probably be shot.  Lydd Airport expansion, for Dungeness and its wildlife, means death.  The RSPB has been campaigning hard against airport expansion, with petition after petition, and even calling in the initial approval of the scheme to judicial review.  Their case was that the nature conservation value of the area was overlooked by the planners, which is clearly true. Nevertheless the judiciary sided with the business cartel.  The airport is owned by the charming Sheikh Fahad el Athel, who was once in court over millions of pounds of commissions involved in weapons deals between BAe and his native Saudi Arabia, who complains the runway.

Cricket among the shingle at Dungeness.

The government seems intent to force upon us some new airport building in the near future, despite widespread campaigns to the contrary. They support their war on Ecology through the use of academic stooges such as the Ecosystems Markets Task Force, a group, tellingly composed of economists, who claim it is possible to offset damage caused by commercial building projects simply by directing conservation effort, funded by developers, to other sites, equivalent to licensing an individual to destroy the Mona Lisa and replace it with a picture of a smiley face. Dungeness is irreplaceable, as the barren shingle “habitat creation” projects at Sussex Wildlife Trust’s Rye Harbour reserve demonstrates. Such habitats, and the landforms which accompany them, cannot be created artificially. This deserves another blog, but ridiculous exercises in market-based approaches will sound the death knell of the British conservation movement if they are permitted to get any further. Nevertheless they will try and fall back on such guidance notes.  Meanwhile Hundreds of loyal, Tory-voting West Londoners have succeeded in convincing the government not to expand Heathrow, with the help of well meaning green campaigners. Few of us see the need for increased airport capacity, and much as I love aeroplanes, and the opportunities for travel they provide, I acknowledge we need to reduce, not increase our capacity if we are to reduce carbon dioxide emissions and minimise the coming climate disaster. Campaigners, including those at the climate camp in 2005 I had the honour of attending, have done well, but using Heathrow as a focal point for protest is problematic, as it risks diverting development to places they can do much more damage, places like the Thames Estuary, and Cliffe. Places like Lydd.  The truth seems to be, although many West Londoners appear curiously reluctant to adjust to the jet noise which has been going on above their heads, usually since before they were born, Heathrow may just be the least worst place for this environmental tragedy to play out. Not Dungeness. We would all rather it didn’t happen anywhere, but so called green campaigners who talk of airports “in unpopulated areas” are really doing biodiversity no favours at all.

View across Dungeness to the Nuclear Power Station.

Now it seems the campaign against the airport, and to save Dungeness, could have found a pair of very unlikely friends. When it is next in court, as the RSPB will, with widespread support, ensure it will be, the main focus may be in the area of Nuclear safety.  Large aeroplanes and nuclear power stations present a fairly obvious safety risk and security challenge, and, especially in these days of paranoia, the risk of aeroplane-reactor collision, and all the associated fallout, are a real concern.  A blight on the beautiful landscape may yet, ironically, save it.  If not, one can hope that the legal fees will eventually build up sufficiently that the business interests whose endless greed would see this green, windswept paradise of bird life and lichen erased forever, will be put off by the mounting cost. The possibility remains that the cost of building the airport at Lydd will eventually prove prohibitive. We must not be complacent, campaigns continue to prevent it. It is not over, and it may yet go to court in Europe, where, as a designated SPA site, UK equivalent of the Natura 2000 network, the planning authorities will have to demonstrate that the airport, is in the vital national interest.

Small Copper butterfly and Cladonia lichen

What is in the vital national interest is preserving this unique, and incredibly fragile and vulnerable wildlife habitat.

View across Romney Marsh from the RSPB reserve.