§ 12.30 a.m.
§ The Earl of CRANBROOKMy Lords, I beg to move that this Report be now received.
§ Moved, That the Report be now received.—(The Earl of Cranbrook.)
§ On Question, Motion agreed to.
§ Clause 2 [Close seasons for seals]:
§
The Earl of CRANBROOK moved Amendment No. 1:
Page 1, line 23, leave out ("31st July") and insert ("31st August").
§ The noble Earl said: My Lords, this clause provides for the close seasons for these two species of seals protected during their breeding season. Most of the common seals pup during the months of June and July but a few carry on through the month of August and I am advised by the National Environmental Research Council that it is advisable to extend the season over which they are protected to the end of that month. I beg to move.
§ On Question, Amendment agreed to.
§ Clause 3 [Orders prohibiting killing seals]:
§ The Earl of CRANBROOKMy Lords, it is implicit here that the Minister would act only after consultation with the Council, but I am advised that it is better to make it explicit. I beg to move Amendment No. 2.
§
Amendment moved—
Page 2, line 5, after ("where") insert ("after consultation with the Council").—[The Earl of Cranbrook.]
§ On Question, Amendment agreed to.
969
§
Lord BURTON moved Amendment No. 3:
After Clause 10 insert the following new clause:
§ Entry upon land
§ ".—(1) The Secretary of State may, after consultation with the Council, authorise in writing any person to enter upon any land for the purpose of
- (a) obtaining information relating to seals for the purpose of any of the functions of the Secretary of State under this Act;
- (b) killing or taking seals for the purpose of preventing damage to fisheries by seals.
§ (2) Any such authorisation shall specify
- (a) the land to be entered upon;
- (b) the period, not exceeding eight weeks, during which the power of entry upon the land may be exercised;
- (c) the purpose of the entry;
- (d) the number, species and age of seals that may be killed or taken where the purpose of the entry is to prevent damage to fisheries by seals.
§ (3) Any such authorisation may impose other conditions on the exercise by the person authorised of the power of entry or the manner of giving effect to the authorisation.
§ (4) The Secretary of State shall give not less than forty eight hours' notice, or in the case of an authorisation to enter upon land for the purpose of killing or taking seals not less than twenty eight days' notice, to the occupier of any land of his intention to issue an authorisation and of the purpose of the authorisation; and in the case of an authorisation to enter upon land for the purpose of killing or taking seals the Secretary of State shall have regard to any representations that might be made by the occupier and shall not issue the authorisation if before the expiration of the notice the occupier satisfies the Secretary of State that he has killed or taken the number of seals which the Secretary of State proposes to specify in the authorisation.
§ (5) Any seals killed or taken by a person authorised under this section to enter upon land shall belong to the Secretary of State and may be disposed of as the Secretary of State thinks fit.
§ (6) Any person authorised under this section to enter upon any land shall, if required by the occupier of that land, produce his authority and may take with him upon that land such other persons as may be necessary.
§ (7) If any person wilfuly obstructs any person authorised by the Secretary of State exercising a power of entry under this section, he shall be guilty of an offence.
§ (8) Any reference in this section to the Secretary of State shall, in relation to England and Wales, be deemed to include a reference to the Minister of Agriculture, Fisheries and Food and any reference to land shall include land covered by water."
§ The noble Lord said: My Lords, I beg to move the Amendment standing 970 in my name. Though it is a lengthy Amendment, I feel that it is self-explanatory and needs no further description by me—which may be of some relief to your Lordships with less stamina than the noble Earl, Lord Kinnoull, and the noble Lord, Lord Shackleton. I am sure that your Lordships will agree that the Amendment meets the points which were made and which received the approval of the vast majority of your Lordships during the previous stages of the. Bill. Any legislation on animals seems to raise passions, and when legislation on such attractive animals as seals proceeds with such harmony I feel that a word of appreciation is due for the help given by the noble Lord, Lord Stonham; the officials of the various Ministries; the National Trust and the N.E.R.C.; and congratulations are due to my noble friend Lord Cranbrook. Their help and co-operation has produced what I hope your Lordships will agree should now be a useful Bill. I beg to move.
§ Lord STONHAMMy Lords, I am most grateful to the noble Lord, Lord Burton, for his kind reference to the help that my officials have given in this matter. I intervene now only at the request of my noble friend Lord Chorley who mentioned to me earlier—I was going to say this evening, but it is now yesterday—that he will be unable to attend the end of our proceedings; and he asked me to express his regret.
Your Lordships will recall that at an earlier stage of this Bill my noble friend Lord Chorley, on behalf of the National Trust, opposed the inclusion in the Bill of powers of compulsory access:, although everyone else accepted the Amendment in principle. On that occasion I asked the noble Earl, Lord Mansfield, and the noble Lord, Lord Burton, to withdraw their Amendments because although the Government (as I said on Second Reading) very much wanted provisions in the Bill for the right of access under proper conditions, the Amendment then proposed was not, in our view, wholly suitable; and I offered to help in the drafting of another Amendment if that one was withdrawn. Happily, this was done and we now have the Amendment which has been moved by the noble Lord, Lord Burton, and which, in the Government's view, is eminently satisfactory.
971 I would also add that in the interim we have had discussions with representatives of the National Trust and I think that the new clause which has been moved by the noble Lord should now provide for every possible eventuality and will not allow any encroachment on the rights of anyone, including the National Trust, which could be resented by anyone; and that what is now proposed will be in the best interests of the whole objective of this Bill which I think is generally supported not only by animal lovers, but also by all those who want to see proper protection for fishing interests.
On Question, Amendment agreed to.
§ Lord BURTONMy Lords, I beg to move Amendment No. 4.
§
Amendment moved—
After Clause 10 insert the following new clause: