HL Deb 22 July 1926 vol 65 cc134-7

Amendments reported (according to Order).

Clause 6:

Special provisions with respect to the lapwing.

6.—(1) It shall not be lawful for any person— (a) during the close season to kill, injure or take, or to attempt to kill or take any lapwing; or (b) during any part of the close season after the fourteenth day of March to sell any lapwing for human consumption, or to have any lapwing in his possession for the purpose of sale for human consumption.

(2) Provided it shall not be lawful for any person, except in the ordinary course of farming or forestry operations, during the close season to take or knowingly and willfully to disturb any nest or egg of the lapwing.

(3) It shall not be lawful for any person— (a) to sell or expose or offer for sale or to have in his control or possession any lapwing or the skin or plumage or any part of any lapwing killed or taken or any egg of the lapwing taken in contravention of this section; or (b) to sell for human consumption, or to have in his possession for the purpose of sale for human consumption, any egg of the lapwing, whether taken in contravention of this section or not.

LORD DESBOROUGH moved to leave out paragraph (a) of subsection (1). The noble Lord said: My Lords, this is practically a drafting Amendment for the purpose of removing redundant words in the Amendments passed by your Lordships during the Committee stage. The same remark applies to the Amendment which immediately follows upon the Paper, to leave out subsection (2) and subsection (3) down to the end of paragraph (a), and to the other Amendment to this clause (in paragraph (b) of subsection (3)) which stands in my name.

Amendment moved— Page 4, leave out lines 7 and 8.—(Lord Desborough.)

On Question, Amendment agreed to.

Amendments moved—

Page 4, line 14, leave out from the beginning to ("or") in line 23.

Page 4, line 27, leave out from the beginning to the end of the clause.—(Lord Desborough.)

LORD BUCKMASTER

My Lords, I must say that I find it extremely difficult to understand why it is that paragraph (a) is struck out in order to leave in a definite enacting provision by way of proviso instead of a definite declaration. That is one of the mysteries of draftsmanship that I do not profess to understand.

LORD DESBOROUGH

That has gone out.

LORD BUCKMASTER

The first lines have and the second have not.

THE LORD CHANCELLOR

What stands is paragraph (b).

LORD BUCKMASTER

I dare say that it will read all right when we see the Bill on the Third Reading.

On Question, Amendments agreed to.

Clause 7:

Licences to kill and take birds, etc.

7.—(1) The Secretary of State shall, subject to the provisions of this Act, have power to grant a licence to any person exempting the holder of the licence from any of the provisions of this Act relating to the killing or taking of birds of any category, or to the taking or disturbing of the nests or eggs of birds of any category for any scientific purpose or for the purpose of the protection of property, crops or fisheries, or for any other special purpose approved by the Secretary of State. Provided that no licence granted under this section shall entitle the holder thereof to enter on any land without the consent of the owner or occupier.

LORD DESBOROUGH moved to omit the proviso in subsection (1). The noble Lord said: My Lords, the words which it is proposed to omit were inserted in Committee on an Amendment by the noble Duke, the Duke of Buccleuch, which I accepted, but on consideration the Home Office think that the words are unnecessary. There is no right to trespass on people's land, but I hope that the noble Duke will be satisfied if the Home Office agree to consider inserting on the licence a note to the effect that it does not confer any power to enter upon other people's land without their leave.

Amendment moved— Page 4, line 38, leave out from the beginning of line 38 to the end of the subsection.—(Lord Desborough.)

THE DUKE OF BUCCLEUCH

My Lords, in regard to that which my noble friend has just said he was good enough to inform me of his intention beforehand and I am quite satisfied with the course which he suggests. In fact, I think it is an improvement upon the Amendment which I suggested in Committee.

On Question, Amendment agreed to.

Clause 17:

Definitions.

17. In this Act unless the context other wise requires, the following expressions have the meanings hereby assigned to theta respectively, that is to say— Close season" means in the case of the woodcock the period from the first day of February to the thirty-first day of August, both days being included, and in the case of wild duck to the thirty-first day of July, and in all other cases means the period from the first day of March to the eleventh day of August, both days being included: Provided that the Secretary of State may, subject to the provisions of this Act relating to the making of orders, by order extend, curtail, or otherwise vary, the close season, either for all birds or for any birds specified in the order;

LORD DESBOROUGH moved, in the definition of "close season," to leave out "and in the case of wild duck to the thirty-first day of July, and in all other cases means," and to insert "in the case of the wild duck the period from the first day of March to the thirty-first day of July, both days being included, and in all other cases." The noble Lord said: My Lords, this is a small Amendment with reference to wild duck. My noble friend Lord Hunsdon of Hunsdon moved an Amendment in Committee to make the close season for duck end on the thirty-first of July. He wished to put back the close time still further, but he agreed that the commencement of the close time should remain unaltered. This is really a drafting Amendment to make Lord Hunsdon's Amendment quite clear. I understand that it meets the noble Lord's wishes.

Amendment moved— Page 11, line 4, leave out ("and in the case of wild duck to the thirty-first day of July, and in all other cases means") and insert ("in the case of the wild duck the period from the first day of March to the thirty-first day of July, both days being included, and in all other cases").—(Lord Desborough.)

LORD OLIVIER

My Lords, do I understand that this Amendment leaves the beginning of the close time as it originally stood in the Bill, but shortens the period?

LORD DESBOROUGH

That is so. On Question, Amendment agreed to.

Clause 18:

Application to Scotland.

18. This Act shall apply to Scotland subject to the following modifications:— (a) there shall be substituted for references to— the Secretary of State," a reference to "the Secretary for Scotland";

LORD DESBOROUGH moved in paragraph (a), to leave out "the Secretary of State,' a reference to the 'Secretary for. Scotland'." The noble Lord said: This is a drafting Amendment because the Secretaries of State Bill has now received the Royal Assent and therefore the substitution of "the Secretary for Scotland" for "the Secretary of State" in the application of the Bill is unnecessary.

Amendment moved— Page 11, leave out lines 32 and 33.—(Lord Desborough.)

On Question, Amendment agreed to.