PROTECTION OF WILD BIRDS, THEIR NESTS AND EGGS (Hansard, 13 July 1981)

HC Deb 13 July 1981 vol 8 c869 869

§ Mr. Monro
I beg to move amendment No. 1, in page 2, line 3, after first 'any', insert 'live or dead'.

§ Mr. Deputy Speaker (Mr. Bernard Weatherill)
With this it will be convenient to take Government amendments Nos. 2 and 3, 18 to 20 and 172 to 174.

§ Mr. Monro
The amendments are designed to meet arguments that were advanced in Committee. the hon. Member for Rother Valley (Mr. Hardy) addressed the Committee on parts of a badger. The amendments implement the general wish of the Committee on parts of an animal. I think that they will be generally acceptable to both sides of the House.

§ Mr. Hardy
I wish briefly to acknowledge the Minister's comments and to express my gratitude particularly for amendment No. 173. The House will be aware that I took the Badgers Act 1973 through the House. At that time it was a marked step forward, but the years since have demonstrated the need for improvement. I was pleased that the Minister perceived that need in Committee and that he has met the request which I made. I believe that badger protection is now likely to be effective. We owe a debt the Lord Melchett for the steps which he took in the other place. This final improvement is generally to be welcomed.

§ Amendment agreed to.

§ Amendments made: No. 2, in page 2, line 6, leave out from beginning to 'he' in line 10.

§ No. 3, in page 2, line 10, at end insert— '(2A) A person shall not be guilty of an offence under subsection (2) if he shows that—

(a) the bird or egg had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or
(b) the bird, eggor other thing in his possession or control had been sold (Whether to him or any other person) otherwise than in contravention of those provisions;

and in this subsection "the relevant provisions" means the provisions of this Part and of orders made under it and, in the case of a bird or other thing falling within subsection (2)(a), the provisions of the Protection of Birds Acts 1954 to 1967 and of orders made under those Acts.'.—[Mr. Monro.]