§ 2.58 p.m.
§ Lord Hardy of Wathasked Her Majesty's Government:
What action they will take to deter and prosecute those responsible for digging and baiting badgers.
§ Baroness Farrington of RibbletonMy Lords, the Government are committed to cracking down on wildlife crime, including badger crime, and provide strategic support for the network of police wildlife liaison officers through the Partnership for Action Against Wildlife Crime.
§ Lord Hardy of WathMy Lords, does my noble friend accept that badger digging and baiting continue in contempt of the law and with delight in the most cruel practices? Would it not be appropriate for the courts to provide a deterring sanction that can and should include the confiscation of that which is used in committing the offence, particularly the terriers and the motor vehicles without which these crimes could not proceed?
§ Baroness Farrington of RibbletonMy Lords, the penalties available to magistrates in the courts include a maximum penalty of a fine of £5,000 and/or six months' imprisonment. Where a dog has been used in the commission of an offence, the court may make an order for the destruction or disposal of the dog and disqualify the offender from keeping a dog. The magistrates can also consider carefully whether a vehicle was used as a tool in the commission of the crime.
§ Lord SwinfenMy Lords, can the Minister tell the House the actual level of fines that are levied for this crime?
§ Baroness Farrington of RibbletonMy Lords, I am not able to give that detailed information to the noble Lord but I shall, of course, write to him. I do not know how long it will take to collate the information as I do not know whether it is collated nationally.
§ Baroness Miller of Chilthorne DomerMy Lords, does the Minister agree that much cruelty is caused to various wild species through non-management of those species? I refer, for example, to foxes with mange which stray through cities. On the "Today" programme this morning there was mention of the Scottish proposal to kill 5,000 hedgehogs when English gardeners are crying out for hedgehogs to 563 predate on slugs which are an enormous problem in a wet summer such as we are having. Does not the Minister think that the Government should do more in terms of having a pro-active species management plan?
§ Baroness Farrington of RibbletonMy Lords, as regards hedgehogs, the report on the radio this morning was not accurate as it has not yet been decided what action should be taken. Press reports which state that there will be a cull are misleading. Hedgehogs are not native to the Scottish islands. Six years of research has demonstrated that they are a threat to dunlin, redshank, snipe and lapwing. That is a matter for the devolved administration in Scotland to consider. I am sure that the Scottish Parliament will consider any proposal that the noble Baroness, Lady Miller of Chilthorne Domer, may wish to put forward with regard to the humane expatriation of hedgehogs to those gardens whose gardeners wish to have them. The treatment of foxes with mange in cities constitutes a more complex task. The management of wildlife in cities is difficult. I was not aware that foxes in cities contracted mange. I see foxes most frequently in Leicestershire. They certainly do not look mangy.
§ The Duke of MontroseMy Lords, I declare an interest as someone who owns a couple of badger setts, albeit in Scotland. I refer to the concern of the noble Lord, Lord Hardy of Wath, and the fact that the curtailment of hunting with dogs would almost certainly cause a reduction in the number of privately funded individuals managing the welfare of wildlife. The Minister mentioned strategic support for wildlife officers, but have the Government quantified the number of new rangers, or the extra funding, that may he required to have in place people with powers to act against those who infringe the law we are discussing?
§ Baroness Farrington of RibbletonMy Lords, the noble Duke has wide knowledge of this field but he asks a question that is impossible to answer simply because, as he is aware, at the moment there are detailed discussions within the European Union on the future of the CAP. Were the changes for which many noble Lords have pressed to be secured by the Government, there could be—I stress the words "could be"—a switch of funds from production to environmental protection. Therefore, it is impossible to measure against a moving target, even if it were possible to quantify the impact on the environment of the banning of fox hunting.
§ Lord CarterMy Lords, what is the latest situation regarding the badger culling trials? They were understandably delayed last year as resources were diverted to control the foot and mouth outbreak. Does my noble friend agree that it is important that the trials are brought to a speedy conclusion to enable us to know once and for all whether there is a link between bovine TB and badgers?
§ Baroness Farrington of RibbletonMy Lords, my noble friend is absolutely right to say that diverting 564 resources to the foot and mouth outbreak had a temporary impact on the trials. My noble friend will be pleased to learn that we expect the trials to finish only a few months later than they would otherwise have done. As my noble friend said, this is an extremely important matter. There is a strongly held rural belief that there is a link between badgers and the spread of bovine TB. However, we need clear evidence one way or the other.
§ Lord Hardy of WathMy Lords, will my noble friend re-emphasise the final point in her initial Answer; namely, that the courts are entitled to order the confiscation of the motor car which is used to commit the offence?
§ Baroness Farrington of RibbletonMy Lords, I make clear that it is for the courts to reach their own judgment on cases; it is not for the Government to interfere in that. Having said that, the courts may take such matters into account in some cases. However, I stress that ultimately this must remain a matter for the courts. They must consider whether it would he appropriate in a particular instance to take such matters into account.