Scottish Land & Estates (SLE), the rural business organisation, appealed to the Scottish Information Commissioner to obtain a copy of a briefing note provided by civil servants in June 2023 to the then Minister for Green Skills, Circular Economy and Biodiversity, Lorna Slater MSP, regarding future legislation on deer management.
Section 6ZB of the Natural Environment (Scotland) Bill, currently at Stage 2 in the parliament, enables NatureScot – acting on behalf of Scottish Ministers – to take proactive action to manage deer populations to support ‘nature restoration’, details of which are not defined in the Bill and will be discharged to a code of practice.
A host of rural bodies have argued against this proposal as ambiguous and unworkable, with no mechanism for differentiating between deer impacts and those of other herbivores, such as sheep, feral goats and mountain hares. Thay warn proposals would irreparably damage collaborative deer management – 80% of which is conducted voluntarily by private estates.
However, the advice given to Ms Slater in 2023 by civil servants makes clear that Scottish Ministers were warned about the serious problems which exist with this proposal.
Firstly, officials warned that “significantly reducing deer numbers, without corresponding reductions in sheep numbers, or making only marginal reductions in either species will not produce the required results in terms of carbon and nature and will therefore be, in effect, a waste of public money and effort.”
In a speech at the Royal Highland Show in June 2025, the Cabinet Secretary for Rural Affairs, Mairi Gougeon MSP, said, with regards to sheep and cattle: “Let me be crystal clear: this government has no policy, and will have no policy, to cut livestock numbers.”
The Cabinet Secretary’s remarks, coupled with the advice to Ministers released under disclosure, strongly suggest the new powers to intervene in deer management will not work, needlessly wasting taxpayer’s money and the resources of NatureScot.
Secondly, officials warn that increasing state intervention powers to go beyond cases where deer were causing damage was legally problematic. The briefing to Ministers states: “To go beyond preventing damage is a significant shift in balance between public and private interests and we could expect challenges to this proposal on European Convention on Human Rights (“ECHR”) grounds, with particular reference to A1P1 (protection of property).”
The Bill containing the controversial powers was introduced by the Scottish Government in February 2025 – after dissolution of the Bute House Agreement. Ministers decided to press on with powers which would enable NatureScot to intervene in connection with nature and climate objectives.
The publication of the briefing note from June 2023 follows a prolonged FOI battle. A FOI request was first made by SLE in October 2024 and was subsequently refused twice by government agency, NatureScot. SLE subsequently appealed to the Scottish Information Commissioner, who instructed that the advice should be released – noting that there has been a failure “to comply with the Environmental Information (Scotland) Regulations 2004.”
Rural bodies said the advice to Scottish Ministers backed up their view that state intervention was seriously flawed and should be removed from the Natural Environment (Scotland) Bill.
Ross Ewing, Director of Moorland & Strategic Projects at Scottish Land & Estates, said: “Organisations representing the deer sector have been clear from the outset that the Scottish Government’s proposed powers for state intervention in deer management are unworkable in practice and carry significant legal risk.
“It is deeply concerning to learn that, as far back as June 2023, civil servants had already warned Ministers of these very issues – yet the Government pressed ahead and included the provisions in the Natural Environment Bill regardless.
“Ministers must now urgently remove this section of the Bill. To proceed would be to introduce legislation that their own officials say will waste public money and effort, while exposing the Government to entirely avoidable legal challenges.”
Tom Turnbull, Chair of the Association for Deer Management Groups (ADMG), said: “ADMG has always had concerns around Section 6ZB of the Natural Environment Bill. Taking a one size fits all approach to habitat damage and only focusing on deer risks targets being missed.
“Deer numbers will need to be considered in some circumstances along with a wide range of other factors. Whilst we are not opposed to regulation where needed, we have had no clarity on how this new trigger for intervention will be used, and its subjective nature could risk jobs and livelihoods in the deer sector.”
Peter Clark, Scotland Director of the British Association for Shooting and Conservation, said: “The deer management sector has consistently warned that the Scottish Government’s proposed powers to control deer were wholly unworkable and severely risk rural jobs.
“Despite the warning calls being given by both the sector and civil servants, the Scottish Government ploughed on regardless and put the powers in the Bill.
“Given the concern that this has caused across the deer sector, BASC has lodged amendments to remove these inappropriate powers.”
Alex Hogg MBE, Chair of the Scottish Gamekeepers Association, said: “We have met with the Minister and reinforced our opposition to the new 6ZB powers.
“They will destabilise the voluntary deer sector and cost jobs at a time when deer managers need to be valued.”