HL Deb 22 March 1979 vol 399 cc1284-7

Consideration of Amendments resumed.

Clause 7 [Minor amendments of the principal Act]:

4.1 p.m.

Lord SKELMERSDALE moved Amendment No. 2: Page 6, line 27, leave out ("section 2(2)") and insert ("sections 2(2) and 8(1)"). The noble Lord said: My Lords, in moving Amendment No. 2 I shall, with your Lordships' permission, also speak to the consequential Amendment, No. 6. I am afraid that when I was preparing the new Clause 7 (containing a list of minor amendments to the principal Act) it escaped my notice that Section 8(1) was virtually identical to Section 2(2). Therefore, it is necessary to have exactly the same words in the Amendment Bill in order to marry up in the same way as the two sections marry up in the principal Act. I beg to move.

On Question, Amendment agreed to.

Lord SKELMERSDALE moved Amendment No. 3: Page 6, line 28, leave out ("and"). The noble Lord said: My Lords, in moving Amendment No. 3 I also wish to speak to Amendment No. 4. In revising the wording I omitted to make the correct presentation to the Public Bill Office in your Lordships' House, and consequently in two places I included the word "and" twice where it should appear only once. I know from bitter experience that it is for exactly this kind of reason that Private Bills fail in another place, and I certainly do not want to go through the rather lengthy re-drafting again in a subsequent Session, and so I hope that your Lordships will agree to both Amendments Nos. 3 and 4. I beg to move.

On Question, Amendment agreed to.

Lord SKELMERSDALE moved Amendment No. 4: Page 6, line 29, leave out ("and").

On Question, Amendment agreed to.

Schedule 2 [The Conservation of Wild Creatures and Wild Plants Act 1975 as amended]:

Baroness STEDMAN moved Amendment No. 5: Page 8, line 28, leave out ("no other reasonable course of action was open to him to prevent") and insert ("his action was necessary for the purpose of preventing"). The noble Baroness said: My Lords, the Amendment to Schedule 2 to the Bill is a parallel Amendment consequential on the omission of subsection (2) of Clause 2, and in effect it restores the Keeling schedule to its original wording. I beg to move.

Lord SKELMERSDALE

My Lords, I wish to ask the noble Baroness whether I am correct in assuming that the words, his action was necessary for the purpose of preventing are not printed in bold type because they in fact restore the original words and that there are no new words, which would be printed in bold type were they added to the Bill by the Keeling schedule.

Baroness STEDMAN

That is my understanding of the position, my Lords, and I hope that both the noble Lord and myself are right about this.

On Question, Amendment agreed to.

Lord SKELMERSDALE moved Amendment No. 6: Page 11, line 8, leave out from ("reference") to end of line 9 and insert ("to a dead creature shall be construed as including a reference to any part of, or anything derived from, such a creature.") The noble Lord said: My Lords, spoke to this Amendment when moving Amendment No. 2. I beg to move.

On Question, Amendment agreed to.

4.6 p.m.

Lord SKELMERSDALE

My Lords, I beg to move that this Bill do now pass. In doing so, as is customary in your Lordships' House, I should like to thank all the many people who have helped me with the Bill, both in the Chamber and outside. I have already referred to the noble Baroness and her most helpful officials, and I am very grateful to them. My noble friend Lord Mowbray and Stourton, on the Front Bench, has on this occasion been somewhat silent, but he has been of enormous help outside the Chamber, and I am most grateful to him. I am also extremely grateful to my noble friend Lord Craigton who has at times made useful comments, has been persuaded where persuasion was necessary, and, I should say in all fairness, equally has persuaded me where persuasion was necessary.

Moved, That the Bill do now pass.—(Lord Skelmersdale.)

Lord MOWBRAY and STOURTON

My Lords, I wish to thank the noble Lord, Lord Skelmersdale, for his kind words about me, and to reiterate my gratitude to the noble Baroness the Minister, though I am becoming rather weary of directing all these praises to her; I feel that we are almost canonising her. As my noble Leader mentioned "the latter stages of a dying Government", I am not sure that in such circumstances we should canonise people, though perhaps it is the appropriate time. I also wish to congratulate my noble friend upon inheriting the mantle of our late departed friend Lord Cranbrook and upon doing that so well.

While on my feet I also wish to ask the recently canonised noble Baroness to confirm what she told me outside the Chamber: namely, that certain bodies in this country, because the Bill is so technical, are worried that it might not be enforced. Therefore, it has been suggested that various other measures should be written into the Bill to give powers of enforcement and prosecution to certain people or bodies. The noble Baroness has satisfied me on this point, and I now invite her to do so publicly to the House and to say that there are already sufficient powers for the public to take an interest in the Bill. Unless the public take an interest in these matters, no laws relating to them will be enforceable. It is no good speaking only of police or wardens, and I should like confirmation regarding the public's entitlement. With those words I again thank the noble Baroness and my noble friend.

Baroness STEDMAN

My Lords, in taking the noble Lord's last point first, I can certainly confirm that there are adequate powers to do all that we want to do in terms of policing the Bill (when it becomes an Act) and all the other Acts concerned with conservation and wild creatures. We see no problems arising in that regard. In this country we are lucky in that we have so great a number of voluntary organisations which are not only extremely enthusiastic but also extremely knowledgeable and are willing to give their services in helping to police these matters. There is certainly no lack of powers with which to carry out the duties and the responsibilities which we have imposed upon people through the Bill.

I also wish to thank both noble Lords for their comments, which apply not so much to me but to my officials for the help that they have provided. I am sure that the officials found the task as daunting as did the noble Lord, Lord Skelmersdale, when we started virtually at square one and worked right through the matter again. I hope that the Government will remain in office long enough for the Bill to have a fair wind in the other place, so that the noble Lord does not face the prospect of having to go through the whole procedure again in another Parliament.

On Question, Bill passed, and sent to the Commons.