§ Order of the Day for the House to be put into Committee read.
§ Moved, That the House do now resolve itself into Committee.—(Lord Darling.)
§ On Question, Motion agreed to.
§ House in Committee accordingly:
§ [The EARL of DONOUGHMORE in the Chair.]
§ Clause 1 agreed to:
§ Clause 2:
§ Illegal confinement of birds.
§ 2.—(1) If any person shall keep or confine a bird in any cage or other receptacle which shall not measure sufficient height, length and breadth to permit the said bird to freely stretch its wings and exercise itself, he shall be guilty of an offence against this Act
§ (2) This section shall not apply to poultry within the meaning of the Poultry Act, 1911, or to any bird kept or confined in a cage or other receptacle which does not comply with the conditions mentioned in the last preceding subsection—
- (a) Whilst being conveyed by land or water; or
- (b) Whilst being shown for the purpose of public exhibition or competition if the time during which it is so kept or confined does not in the whole exceed seventy-two hours.
§ LORD RAGLAN moved, in subsection (1), after "sufficient," to insert "in." The noble Lord said: This is merely a grammatical Amendment.
§
Amendment moved—
Clause 2, page 1, line 21, after ("sufficient") insert ("in").—(Lord Raglan.)
§ LORD DARLINGI accept that.
§ On Question, Amendment agreed to.
§ LORD RAGLAN moved, in subsection (1), after "bird," where that word secondly occurs, to leave out "to." The noble Lord said: This is another grammatical error. I beg to move.
§
Amendment moved—
Clause 2, page 1, line 22, after ("bird") leave out ("to").—(Lord Raglan.)
§ On Question, Amendment agreed to.
84§ EARL BEAUCHAMP moved, in subsection (1), to leave out "freely." The noble Earl said: This is really a very small matter, and now that your Lordships have accepted an Amendment, which will not destroy the Bill, it is quite obvious that the Bill will have to go back to another place, and we can consider without any arrière pensée the best terms in which it should be amended. I have no views at all on this matter, and I am prepared to leave it entirely in the hands of the representative of His Majesty's Government. Whichever he thinks best, either my own Amendment or the Amendment in the name of Lord Raglan to leave out the words "and exercise itself," I am quite prepared to accept. The point is whether my next Amendment to leave out the word "freely," should be adopted or not. I am entirely in the hands of the Government on this point, and it is in matters of this kind that we trust them to see that legislation of this nature is conceived in such terms as may be easily interpreted by magistrates before whom cases will come for decision. If His Majesty's Government will give me a lead I shall be prepared to follow.
§
Amendment moved—
Clause 2, page 1, line 22, after ("to") leave out ("freely").—(Earl Beauchamp.)
§ LORD DESBOROUGHWith regard to this Amendment, it is quite true that stated on the Second Reading that there would be a great danger, owing to the congestion of business in another place, of the Bill not finding its way on to the Statute Book this year if any Amendments were made, but I do not think the Amendments that have so far been made will excite violent hostility in another place, and, so far as we have gone, I cannot imagine that we have imperilled the Bill. The noble Earl has said that he would leave his Amendment to the Government and, subject to the consent of the noble and learned Lord in charge of the Bill, I should prefer the clause as amended by the proposal of Lord Raglan, that is, to leave out the words "and exercise itself." The noble Lord, Lord Raglan, having got rid of a split infinitive, now proposes to delete these words. They might put the magistrates in some difficulty in interpreting what is meant. That is my suggestion to the noble Earl.
§ LORD DARLINGI do not know what the noble Earl will do after receiving the suggestion of the noble Lord who speaks on behalf of the Government, but it seems to me that the Bill would give much less trouble to magistrates who have to construe it if the Amendment of Lord Raglan was accepted rather than if it took the form which the noble Earl's Amendment would give to it. If a bird is to be in a cage at all it might be able to move its wings "freely," but to "exercise itself" might give magistrates great difficulty. It would depend on the kind of bird. You might keep a bird which, in order to exercise itself, must be able to run considerable distances. Other birds are accustomed to fly and to fly very high. I am not at all convinced that a skylark ought to be kept in a cage at all, and if the Bill is reformed in the sense of the noble Earl's Amendment, magistrates would be obliged to hold that a skylark could not "exercise itself" freely because it has not room to fly, and that would be equivalent to saying that skylarks should not be in a cage at all. I prefer the Amendment of Lord Raglan, but I should not put your Lordships to the trouble of a Division if the noble Earl insisted on his Amendment.
§ EARL BEAUCHAMPObviously it will be for the convenience of the House if I withdraw this Amendment and do not move the second Amendment standing in my name.
§ Amendment, by leave, withdrawn.
§ LORD RAGLAN moved, in subsection (1), after "freely", to insert "to," and to leave out" and exercise itself."
§
Amendment moved—
Clause 2, page 1, line 22, after ("freely") insert ("to") and leave out ("and exercise itself").—(Lord Raglan.)
§ On Question, Amendment agreed to.
§ Clause 2, as amended, agreed to.
§ Remaining clauses agreed to.