HL Deb 19 October 1981 vol 424 c662

172 Page 67, leave out lines 45 to 48 and insert: 'NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.'

The Earl of Avon

My Lords, I beg to move that the House doth agree with the Commons in their Amendment No. 172. I spoke to this amendment when moving Amendment No. 142. I beg to move.

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

Lord Renton

My Lords, it is with apology that I rise very briefly at this point. I should have taken the point at an earlier stage of the Bill, or even when my noble friend was moving Amendment No. 150. I make the point now only for the sake of the record, and so that those authorities who are responsible for enforcement of the Bill may watch out for the point in the years to come.

Ignorance of the law is no defence, but it is very strong mitigation and people are likely to raise in mitigation the fact that they did not know the Latin name, the name in the second column. If they had been tied to the name in the first column, which is the common name, they could not have raised that mitigation and the sentences would, therefore, have been heavier against them. This is a point of which we should not lose sight in due course.

The Earl of Avon

My Lords, I am grateful to my noble friend for pointing that out.

On Question, Motion agreed to.