§ 43. Mr. Rankinasked the Secretary of State for Scotland, in view of the fact that the gin trap will be legal, after next May, only for trapping foxes, what steps he proposes to take to indemnify persons in whose traps, set for the exclusive purpose of taking foxes, or, in certain conditions, otters, other animals such as martens are accidentally caught.
§ Mr. MaclayIn the circumstances envisaged by the hon. Member, I see no reason to suppose that the person who set the gin trap so as to kill either foxes or otters would be convicted of an offence against the Pests Act, 1954.
§ Mr. RankinHow is the right hon. Gentleman going to make that process a legal one when he has already declared it illegal? How is he to prevent other wild animals going into traps which are supposed to be used only for foxes? That is the position he has created. Is he going to put a notice on the traps "For Foxes Only"? Would not he think it better to follow the example of England and abolish these traps altogether?
§ Mr. MaclayI think the hon. Member has got a little muddled about the way traps are used. His fear is that people would be wrongly prosecuted for breaking the law. In fact, I understand it would be a perfectly good defence to say that the trap was set for foxes or otters, as the case may be—[Laughter.] Perhaps the hon. Member would wait a moment. It is quite clear that one uses that type only for foxes, with special bait, or it is set in a fox's lair. There is no difficulty such as he is putting in this matter.