§
Clause 7, page 4, line 22, leave out from beginning to ("and") in line 34 and insert—
("7.—(1) Where the Commission are satisfied that red deer have caused damage to agriculture or forestry in any locality, and that for the prevention of further damage the red deer in the area in which the locality is situated should be reduced in number or exterminated, they shall determine, having due regard to the nature and character of the land in that area, what measures shall be taken for that reduction or extermination as the case may be
(2) Thereafter it shall be the duty of the Commission to consult with such owners or occupiers of land, being land where red deer are established, as the Commission consider to be substantially interested, to secure agreement on the carrying out of the measures which they have determined as aforesaid.
(3) Where after such consultations the Commission are satisfied that it is not possible to secure agreement as aforesaid or that the measures agreed on are not being carried out, they shall make a scheme (hereinafter in this Act referred to as a 'control scheme') for the carrying out of such measures,")
§ LORD FORBESMy Lords, in short, this Amendment substitutes the word "shall" for the word "may" in Clause 7, dealing with control schemes. The Commission now "shall" make a control scheme when the owner or occupier of land cannot, or will not, cooperate in reducing stocks of deer as requested by the Commission. To bring this into effect, and for other minor reasons, the whole clause has had to be redrafted. For instance, there was no qualification of the word "damage", and action could have been taken where the damage was only slight. This defect has now been rectified. I beg to move that this House cloth agree with the Commons in the said Amendment.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Forbes.)
§ VISCOUNT ASTORMy Lords, may I ask the noble Lord whether the previous requirement that a scheme should require confirmation by the Secretary of State for Scotland has been omitted from this clause and, if so, whether he can explain the reason?
§ LORD FORBESMy Lords, the scheme still requires to be confirmed by the Secretary of State for Scotland.
§ On Question, Motion agreed to.