HL Deb 15 October 1981 vol 424 cc443-4

[References are to Bill [112] as first printed for the Commons' amendments marked * are new]

1Clause 1, page 2, line 3 after first ' any' insert ' live or dead '.

2Clause 1, page 2, line 6. leave out from beginning to 'he' in line 10.

3Clause 1, page 2,line 10, at end insert— (2A) A person shall not be guilty of an offence under subsection (2) if he shows that—

  1. (a) the bird or egg had not been killed or taken, or had been killed or taken otherwise than in contravention of the relevant provisions; or
  2. (b) the bird, egg or other thing in his possession or control had been sold (whether to him or any other person) otherwise than in contravention of those provisions;
and in this subsection "the relevant provisions" means the provisions of this Part and of orders made under it and, in the case of a bird or other thing falling within subsection (2)(a), the provisions of the Protection of Birds Acts 1954 to 1967 and of orders made under those Acts.'.

The Earl of Avon

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1, 2 and 3. Clause 1(2) makes it an offence for any person to have in his possession or control

  1. "(a) any wild bird or any part of, or anything derived from, such a bird; or
  2. (b) an egg of a wild bird or any part of such an egg,"
unless it can be shown that the bird or egg was killed or taken otherwise than in contravention of Part 1 of the Bill or the existing Acts.

Clause 1(2) as presently drafted goes too wide and could mean that persons might be convicted of offences under Clause 1(2) where this was not just or intended. These amendments seek to remedy this.

Moved, That this House doth agree with the Commons in the said amendments.—(The Earl of Avon.)

On Question, Motion agreed to.