§ Mr. BrakeTo ask the Secretary of State for the Environment, Transport and the Regions what action he is taking to ensure that the Government comply with Article 9.1(c) of Council Directive (79/409/EEC) on the conservation of wild birds with respect to the possession of live and dead birds; and what measures are taken to differentiate between those birds of captive origin and those which are not. [160631]
Mr. Robert AinsworthThe Wildlife and Countryside Act 1981, which implements Council Directive (79/409/EEC) in Great Britain, protects all wild birds. Captive-bred birds are not covered by the provisions of the Directive, although they are covered by certain provisions of the 1981 Act. It is an offence under section 1 of the Act to possess any live or dead wild bird, or derivative of such a bird. Section 1 also includes a defence if the possessor of such a bird can show that it had either been legally taken from the wild or that it was captive bred. Ultimately, only the courts can definitively interpret the legislation and decide whether defence is met in any individual case.
Section 16 of the 1981 Act implements Article 9 of the Directive and provides for licences to be issued derogating from the protection afforded to birds for certain purposes.