HC Deb 20 February 1991 vol 186 cc406-7
Mrs. Rumbold

I beg to move amendment No. 13, in page 17, line 48 at end insert— '(3) In section 10(2) of the Badgers Act (enforcement. penalties etc.), for the words preceding the proviso there shall be substituted the following— (2) Any person guilty of an offence under this Act shall be liable on summary conviction—

  1. (a) in the case of an offence under section 1 or 2, to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both;
  2. (b) in the case of an offence under section 3 or 4, to a fine not exceeding that level; and
  3. (c) in the case of an offence under section 5, to a fine not exceeding level 3 on that scale;"
and in the proviso for the words "paragraph (b)" there shall be substituted the words "paragraph (a) or (b)".'. It gives me pleasure to move the amendment, which fulfils an undertaking given to the right hon. and learned Member for Warley, West (Mr. Archer), which was supported by all members of the Committee. It enables courts to impose a maximum custodial sentence of six months' imprisonment on anyone convicted under sections 1 and 2 of the Badgers Act 1973 of taking, injuring or killing a badger and of certain other offences of cruelty.

Hon. Members agree that this is the right way to proceed on this serious matter, to which I referred last Friday in a debate on badger setts.

Mr. Archer

The Minister's words will bring much pleasure to all hon. Members and to the League Against Cruel Sports, the Royal Society for the Prevention of Cruelty to Animals and the animal lobby. I am sure that they will greatly augment the pleasure of many badgers. I am most grateful.

Mr. Simon Hughes

I welcome the amendment. I hope that it presages the passing of the Badgers Bill, which will give greater protection to badgers and which will soon be considered in Committee.

Mr. Sheerman

We warmly congratulate the Government on introducing the amendment, for which we did not have to push too hard in Committee.

I wonder what on earth the animal lobby, as described by my right hon. and learned Friend the Member for Warley, West (Mr. Archer), looks like at this time of the morning. There is all-party consensus in favour of badgers; I am glad that they are not running a candidate at the next election.

Mr. Archer

If my hon. Friend does not believe that there is such an entity as an animal lobby, he has never met my dog.

Mr. Sheerman

I should not like my right hon. and learned Friend's dog to meet my dog.

We are against the principle of introducing more penal provisions, but the amendment will provide an important deterrent. We hope that it will not be used, but it will be useful.

Amendment agreed to.

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