§ 2.53 p.m.
§ Lord MelchettMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ The Question was as follows:
§ To ask Her Majesty's Government whether they are aware of the severe damage that has been done to endangered plants, birds and other animals as a result of their failure to bring Part 1 of the Wildlife and Countryside Act 1981 into force.
§ The Earl of AvonMy Lords, my attention has been drawn to several instances of harm being done to wild animals and plants which will receive protection, or improved protection, when Part 1 is brought fully into operation. Her Majesty's Government deplore such acts. My right honourable friend the Secretary of State for the Environment is well aware of the situation and is hopeful that difficulties in the preparation of the related regulations will shortly be overcome so that the commencement orders can be made.
§ Lord MelchettMy Lords, I am grateful to the noble Earl for that reply. Are the Government aware that would-be falconers, in particular, appear to be stocking up in advance of Part 1 of the Act being brought into force; that 60 nests of peregrine falcons have been robbed either of eggs or young this spring, which affects 10 per cent. of the British population; and that it is particularly falconers who will be affected by the new procedures brought into force by Part 1 of the Act? When will these procedures be brought into force and when will the Government lay the commencement order?
§ The Earl of AvonMy Lords, I am indeed aware of —and the noble Lord has been kind enough to draw our attention to—the facts about the rare birds of prey. I agree that the preliminary figures are alarming. Such robberies are, of course, already illegal under the Protection of Birds Act 1954. When the registration and inspection provisions of the Wildlife and Countryside Act come into force, very careful and detailed checks will be made on the origins of immature birds to see whether they are captive bred or taken from the wild. As far as the laying of commencement orders is concerned, of course I cannot give any complete promise, but, as I said in my earlier Answer, we hope to have these done very soon.
§ Lord CraigtonMy Lords, I should like to thank my noble friend for that answer. I should like to emphasise too—
§ Lord CraigtonMy Lords, I should like to give my noble friend some information—
§ Lord CraigtonMy Lords, is my noble friend aware that on 2nd June, Central Television showed a documentary about destroying bats in Redditch, that certain butterflies are being stockpiled against the time when it will be illegal to catch them, and that lizard orchids, which will be protected when the Bill comes into force, are being dug up and sold abroad? None of those things can be brought home to the public until the Act is in force. The matter is one of great urgency, and I hope that my noble friend will do something.
§ The Earl of AvonMy Lords, I appreciate my noble friend's concern and I am sure that the House will join with me in deploring any action of irresponsible people to use the Act as a convenient early warning as regards those creatures and plants they should now concentrate on collecting before it is too late. The unauthorised uprooting of wild flowers is already illegal, and I understand that the police have been informed in a case which has been given some publicity. Many wild creatures are also protected by current legislation. However, I know that my noble friend is particularly interested in bats and I am greatly encouraged that many responsible people are already coming forward to the Nature Conservancy Council for advice on the new Act, particularly on the protection of bats.
§ Lord Wynne-JonesMy Lords, is the noble Earl aware that Members of this House and, indeed, of the public at large, having seen the Act passed by Parliament, are deeply concerned about the failure to implement it by bringing the regulations into force? Will he bring the strongest pressure to bear upon the department concerned to ensure that these regulations are brought into force as quickly as possible, otherwise the purpose of the Act is being defeated every day?
§ The Earl of AvonMy Lords, I appreciate the noble Lord's concern and, whereas I do not think that perhaps my pressure may be of much use, I shall certainly bring his pressure to the attention of my right honourable friend.
§ Baroness DavidMy Lords, if there has been trouble about some particular sections of the Act, would it not be possible to implement certain sections? Is the noble Earl aware how upset the Botanical Society of the British Isles is about the news it is getting of plants being uprooted? The noble Lord, Lord Craigton, has just mentioned the lizard orchids, but there is other evidence. I know that some are protected already, but the increased fines should be implemented as soon as possible. Can the noble Earl do something to implement some parts of the Act at once, even if the whole lot cannot be implemented?
§ The Earl of AvonMy Lords, this has, indeed, been considered and, if we continue to have trouble with the two particular sections that are causing trouble at present, then we shall do what the noble Baroness has suggested.
§ Lord MelchettMy Lords, I should like to ask whether the Government have considered, as far as 552 Part I of the Wildlife and Countryside Act is concerned, their decision to suspend the gassing of badgers, which I am sure will be very widely welcomed? Part I of the Wildlife and Countryside Act will increase the protection given to badgers, and are the Government aware that it is extremely important that that should be brought into force to discourage farmers from taking action on their own behalf in the light of the Government's decision? In view of the widespread concern, can the noble Earl at least give the House an assurance that the Wildlife and Countryside Act Part I commencement orders will be laid before the Summer Recess?
§ The Earl of AvonMy Lords, I gather that the question of the badgers is at the moment under consideration. So far as promising to do it before we actually rise for the Recess is concerned, I cannot do so, but I hope very much to have it done anyway before we come back again.