HC Deb 23 May 1919 vol 116 cc783-4

Any person performing or assisting or taking part in performing any such experiment on any dog shall be guilty of an offence against the principal Act and punishable accordingly, and the provisions of this Act shall have effect as though they formed part of that Act.

Sir H. GREENWOOD

I beg to move, after the word "dog," to insert the words ''in contravention of the provisions of this Act.''

Mr. RAWLINSON

Is this only a drafting Amendment?

Sir H. GREENWOOD

It is a drafting Amendment, to remove all possible ambiguity.

Amendment agreed to.

Mr. RAWLINSON

I beg to move, to leave out the words the principal Act and punishable accordingly, and the provisions of this Act shall have effect as though they formed part of that Act. and to insert instead thereof the words this Act, and shall if it be a first offence be liable to a penalty not exceeding one hundred pounds, and if it be the second or any subsequent offence be liable at the discretion of the Court by which he is tried to a penalty not exceeding five hundred pounds. This Amendment stands in the name of my hon. Friend (Captain Elliot). I understand he wishes to alter the penalty Clause, which says, shall be guilty of an offence against the principal Act and punishable accordingly. That necessitates legislation by reference. I understand he objects to the Clause in its present form not only because it is legislation by reference, but also because it is not the cumulative penalty which he desires. I apologise for not putting this matter more clearly before the House, but I am told my hon. and gallant Friend attaches some weight to this Amendment, and I do not think it right that it should not be moved.

Dr. MURRAY

I beg to second the Amendment.

Sir H. GREENWOOD

I would ask my hon. and learned Friend not to press this. The penalties, as set out in the original Act of 1876, should, I think, apply in this Bill, which, after all, is a continuance of the original legislation, and I hope my hon. and learned Friend will agree with me that for similar offences we should not have different punishments and the penal Clauses in the original Act should control punishment in the Bill which we are now discussing. I hope, for those reasons, my hon. and learned Friend will not press this Amendment.

Amendment negatived.

Sir H. GREENWOOD

I beg to move, to insert as a new Sub-section (2) In Section five of the principal Act the words 'dog or' and the words 'or dog' are hereby repealed. This is a consequential Amendment on the principal Amendment which was recently carried without a Division. It is really a drafting Amendment

Amendment agreed to.