HL Deb 22 March 1916 vol 21 cc447-8

[SECOND READING.]

Order of the Day for the Second Reading read.

THE LORD CHANCELLOR

My Lords, this Bill, to which I hope you will grant a Second Reading, is designed to consolidate the existing law with regard to larceny and kindred offences. It has been prepared by a Committee who have for some time past been engaged on work of this kind, and if your Lordships grant the Bill a Second Reading I shall move at a later stage that it be referred to a Joint Committee of both Houses in order that it may be carefully examined and put into proper and complete form. At the present moment, so far as I can see from the Bill itself, it really is nothing but a careful compilation of all the existing law relating to larceny and kindred offences. It has followed very closely the provisions of the law as it stands, and indeed in some respects it has incorporated old provisions which appear now to have nothing but an antiquarian interest. Your Lordships know that according to the law of this country it is not larceny to steal a wild bird which is unfit for human food nor to steal its eggs, but from a long time back an exception has always been made to that rule in favour of hawks and falcons. Anybody who steals a hawk or a falcon or an egg of a hawk or falcon commits a larceny at Common Law, and that provision is carefully preserved in the Bill as it now stands. On the other hand, for reasons that it is not quite so easy to understand, the wild swan never appears to have enjoyed such immunity, and an express provision is introduced that if and when occasion offers a person can steal a wild swan or its eggs without being liable for larceny under the English law. I do not think, however, that this will have much effect, because the only place, perhaps, where wild swan can be found is Abbotsbury, and even then an interesting question would arise as to whether they were wild. I mention these matters merely to assure your Lordships that this Bill has faithfully consolidated the existing law and not imposed anything new, and I hope your Lordships will think it a measure which should receive further consideration and grant it a Second Reading.

Moved, That the Bill be now read 2a.—(The Lord Chancellor.)

LORD PARMOOR

My Lords, I only wish to say how heartily I agree with what the Lord Chancellor has said. It is very important that this Bill should have a Second Reading, and then I understand the proposal is that it should go before the Joint Committee which deals with Consolidation Bills. I think this Bill will be a great advance and a great advantage in our Criminal Law.

On Question, Bill read 2a.