§ 164Page 65, line 6, leave out 'subsection' and insert 'sub-sections'.
§ 165 Page 65, leave out lines 9 to 11 and insert 'any part of, or anything derived from, a dead badger, he shall be guilty of an offence.
§ (3) A person shall not be guilty of an offence under subsection (2) above if he shows that—
- (a) the badger had not been killed, or had been killed otherwise than in contravention of the provisions of this Act; or
- (b) the badger or other thing in his possession or control had been sold (whether to him or any other person) and, at the time of the purchase, the purchaser had had no reason to believe that the badger had been killed in contravention of those provisions.'.
§ The Earl of Avon
My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 164 and 165. Amendment No. 164 is purely drafting and Amendment No. 165 does two things. First, it provides that it is an offence not only to be in possession of an illegally killed or taken badger, but also to be in possession of any part of or anything derived from a dead badger. This would close a loophole in the Bill as presently drafted. The words used accord with similar provisions in Part I and cover all eventualities. Secondly, we realise the difficulties that a person who buys, for example, a badger shaving brush, could have in proving that the badger from which it derived was not illegally killed or taken and accordingly Amendment No. 165 provides at paragraph (3)(b) a defence. Clearly a person who buys an article from a shop has no reason to suppose that an offence has been committed. I am sure that these will meet with general approval. My Lords, I beg to move.
§ Moved, That this House doth agree with the Commons in the said amendments.—(The Earl of Avon.)
§ On Question, Motion agreed to.