Scottish ministers were warned more than two years ago that new powers to intervene in deer management were unworkable, posed legal risks and were unlikely to deliver environmental benefits, according to documents released after years of freedom of information battles.
The briefing memo, written by civil servants to then Minister Lorna Slater MSP in June 2023, was only made public after Scottish Land and Estates (SLE) appealed to the Information Commissioner for Scotland, which ruled NatureScot had unfairly withheld it.
The recommendation relates to section 6ZB of the Natural Environment (Scotland) Bill, which says NatureScot can reduce deer numbers for undefined “natural recovery” purposes.
Rural groups say the plan is vague, ignores the impacts of other herbivores, and threatens the cooperative system in which about 80% of deer management is done on a voluntary basis by private lands.
Civil servants have warned ministers that reducing deer numbers alone will not meet the government’s objectives unless similar measures are taken for sheep numbers. They said: “Significant reductions in deer numbers without a corresponding reduction in sheep numbers…will not yield the necessary results…and are therefore effectively a waste of public funds and effort.”
But ministers have repeatedly insisted that livestock numbers will not be reduced. Rural Affairs Minister Mairi Goujon said at the 2025 Royal Highland Show: “Let me be clear: this government has no policy and never will have a policy to reduce livestock numbers.”
Officials also highlighted the legal risks, noting that extending intervention powers beyond the prevention of harm could invite challenges under European human rights law, particularly with respect to property rights.
Despite the warnings, the Scottish Government included the powers when the bill was introduced in February 2025. MSPs are scheduled to discuss the amendments on Wednesday (December 3), with what is expected to be a contentious meeting in committee. Rural groups say the FOI release confirms long-standing concerns.
Tom Turnbull, chairman of the Association of Deer Management Groups (ADMG), said the proposal took a “one-size-fits-all approach” and did not take into account other grazing pressures, warning that it “could put jobs and livelihoods in the deer sector at risk”.
Peter Clarke, BASC’s director for Scotland, said the powers were “completely unworkable” and that despite advice from civil servants, “the Scottish Government went ahead and put them in the Bill”.
Alex Hogg, chairman of the Scottish Game and Breeders’ Association, said the measures would “destabilize the voluntary deer sector and result in job losses at a time when deer managers need to be assessed”.
SLE’s Ross Ewing said it was “very concerning” that ministers had continued despite being warned in 2023. “Continuing with these proposals would introduce legislation that government officials say would waste public funds and effort, and would expose the government to completely avoidable legal challenges,” he said.
