HL Deb 05 February 1970 vol 307 cc764-7

3.58 p.m.

LORD DERWENT

My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.

Moved, That the House do now resolve itself into Committee.—(Lord Derwent.)

On Question, Motion agreed to.

House in Committee accordingly.

[The EARL OF LISTOWEL in the Chair.]

Clause 1 [Amendment of Game Act 1831]:

LORD DERWENT moved Amendment No. 1: Page 1, line 17, leave out from ("1831") to end of line 21.

The noble Lord said: In moving this first Amendment may I express my thanks to the noble Lord, Lord Beswick, and to the Home Office for getting the drafting of this Bill in proper order? I am very grateful. This first Amendment is really a drafting Amendment. The words that 1 seek to leave out clearly repeat the sense of what is in the Preamble. They serve no useful purpose in this clause and should therefore be omitted. I beg to move.

On Question, Amendment agreed to.

LORD DERWENT moved Amendment No. 2: Page 2, line 7, after (" place) ") insert (" after the expiration of forty days (one inclusive and the other exclusive) from the respective days in each year on which it shall become unlawful to kill or take such birds of game respectively as aforesaid ")

The noble Lord said: Section 4 of the Game Act 1831 makes it an offence for any licensed game dealer to have game birds in his possession after the first ten days of the close season. Furthermore, any other person may not have them after the first 40 days of the close season. The purpose of the Amendments to the 1831 Act which are now in paragraph (c) of Clause 1(1) is to remove the prohibition on the possession of game birds in the close season. The words in Section 4 of the 1831 Act which specified the days when it was not an offence to have possession of the birds are now no longer necessary. In fact, when I drafted the Bill I did not leave out enough words of that section, so I am now moving to leave out further words which should be deleted, I beg to move.

On Question, Amendment agreed to.

LORD DERWENT

I beg to move Amendment No. 3, which is purely drafting.

Amendment moved— Page 2. line 10, leave out (" (2) In ") and insert (" (d) in ").—(Lord Demerit.)

On Question, Amendment agreed to.

LORD DERWENT moved Amendment No. 4: Page 2, line 13, after (" purposes") insert (" or for sale alive ").

The noble Lord said: May I discuss Amendments Nos. 4 and 5 together, because they really deal with the same point? Most of what Clause 1(2) contains is already legal under Section 10 of the Revenue Act 1911. The Parliamentary draftsmen found that that Act applies to the Game Act and it seemed to me sensible that in future, when people are looking up rules about game, they should look in the Game Act and not in the Revenue Act 1911. That is the purpose of the Amendments. The words,"or for sale alive"which I now seek to insert are contained in the Revenue Act, and the words in the Bill dealing with the exhibition of birds are not in the Revenue Act. So the effect of these two Amendments will be to include the words"or for sale alive"and"exhibition purposes"in one clause, and to do away with Section 10 of the Revenue Act 19.11. I hope I have explained myself properly. The Amendments put the two sets of words together, and do away with Section 10 of the Revenue Act, and when anybody wants in future to look up what he can do he will look in this new Game Act, as I hope it will become. I beg to move.

On Question, Amendment agreed to.

LORD DERWENT

I beg to move Amendment No. 5.

Amendment moved—

Page 2, line 13, at end insert— ("() Section 10 of the Revenue Act 1911 is hereby repealed.")—(Lord Derwent.)

On Question, Amendment agreed to.

LORD DERWENT moved Amendment No. 6:

Page 2, line 13, at end insert— (" () The Amendments made by this Act in section 4 of the Game Act 1831 shall have effect also in that section as applied by any subsequent enactment.")

The noble Lord said: This Amendment deals with Scotland which has its own game laws. The Game Act 1831 does not apply in Scotland, but its provisions relating to the buying and selling of game were extended to Scotland by Section 13 of the Game Licences Act 1860. So as to ensure that the Amendments relating to the buying and selling of game birds made to Section 4 of the Act of 1831 by this Bill are applied to Scotland, it is necessary to include a provision on the lines of this Amendment. I beg to move.

On Question, Amendment agreed to.

Clause 1, as amended, agreed to.

Remaining clause agreed to.

In the Preamble.

LORD DERWENT moved Amendment No. 7: Page 1, line 10, leave out ("said").

The noble Lord said: This is purely a drafting Amendment to leave out an unnecessary word. I beg to move.

On Question, Amendment agreed to.

Preamble, as amended, agreed to.

In the Title.

LORD DERWENT moved Amendment No. 8: Line 1, at end insert ("and to repeal section 10 of the Revenue Act 1911")

The noble Lord said: At the moment, the Title to my Bill reads: An Act to amend the Game Act 1831 ". In fact, it now also repeals Section 10 of the Revenue Act 1911. I think it is not strictly necessary to make this Amendment in your Lordships' House, but if it goes to another place, as I hope it will, this Amendment may make things a bit easier there. I beg to move.

On Question, Amendment agreed to.

Title, as amended, agreed to.

House resumed: Bill reported with the Amendments.