§ [No. 2.]
§ Clause 11, page 6, line 22, leave out "ditching" and insert "the construction of any obstacle designed to prevent animals from straying"
§ THE LORD CHANCELLORMy Lords, I beg to move that the House doth agree with the Commons in their Amendment No. 2. This, to use a piece of new and, to me, just legislative jargon, is what I am told is a missed consequential. Perhaps I may just explain that. Your Lordships will remember that during the passage of the Bill through our House we changed Clause 8, and the Amendment the Commons have inserted—in their case on Report stage—is to catch up with the Amendment, the consequences of which were not fully apprehended. I can explain the matter at greater length, but I think it quite unnecessary for me to do so. I beg to move.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(The Lord Chancellor.)
§ LORD DAVIES OF LEEKMy Lords, as someone who knows a bit about ditching, may I put a question to the noble and learned Lord the Lord Chancellor? How does one distinguish between fencing and ditching? Any countryman present will know that one of the great arts of the country areas is fencing and ditching. I could be intending to do a hedge, and the fence could be at the bottom of the hedge so that I cannot get at the hedge. Suppose, while trying to get at the hedge, I break my leg in the ditch that I have to build properly before I get there. I do not think that this is wisdom; whoever left out "ditching" does not understand what hedging and ditching means.
§ THE LORD CHANCELLORMy Lords, there are two short answers to the noble Lord's question. The first is that, unless he has four legs, the Bill does not affect him at all. The second is that the reason we left out ditching was precisely the reason that he suggests.
§ On Question, Motion agreed to.