HL Deb 02 May 1939 vol 112 cc827-8

Page 2, line 1, leave out subsection (3) and insert: ("(3) After the commencement of this Act—

  1. (a) no order shall be made under the power conferred by Section eight of the principal Act making any provision whereby the time during which the killing and taking of wild duck or wild geese or any kind thereof is prohibited is to begin with, any date later than the first day of February or end with any date earlier than the eleventh day of August, and
  2. (b) no order shall be made under the power conferred by Section nine of the principal Act exempting any county or any part or parts thereof from the operation of that Act as respects wild duck or wild geese or any kind thereof,
and any order made under the said sections before the commencement of this Act shall cease to have effect if and in so far as it makes any such provision or exemption as aforesaid:

Provided that nothing in this subsection shall prohibit the making after the commencement of this Act of any such order as is mentioned in the next following subsection.

(4) The power of the Secretary of State under Section eight of the principal Act shall include power to make an order, in pursuance of an application made under the said section after the commencement of this Act, providing that the time during which the killing and taking of wild duck and wild geese is prohibited shall begin with such date not later than the twenty-first day of February as may be specified in the order in such parts of the county or county borough to which the application relates, being parts contiguous to the low water mark of ordinary tides, as may be so specified.")

VISCOUNT MERSEY

My Lords, the first two paragraphs of the new subsection (3) are really a redrafting of the original subsection and are considered clearer. The new subsection (4) gives the Secretary of State power to allow the shooting of wild duck and geese along the seashore in marshy and sandy places up to February 21 on application by the local authority. I beg to move.

Moved, That this House doth agree with the Commons in the said Amendment.—(Viscount Mersey.)

THE EARL OF MANSFIELD

My Lords, I hope that when the bird protection measures are consolidated, something will be done to remedy the slightly ridiculous position brought about by this Bill; for, whereas in the past it was possible to shoot wild fowl for a month after the close of the normal shooting season, it will now be illegal to shoot them inland on February 1, although partridges and pheasants can be shot on that day. This is an anomaly which I think should be put right at a later date.

On Question, Motion agreed to.