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Amendment Paper as at
Tuesday 27th February 2001

CONSIDERATION OF BILL


HUNTING BILL, AS AMENDED

NEW CLAUSES

Disposal of fallen stock

   

Mr David Lidington
Mr Edward Garnier
Mr John Bercow
Mr Keith Simpson

NC1

To move the following Clause:—

    '.—(1) Not later than 6 months after the date on which this Act is passed the Secretary of State shall by order make a scheme for the collection and disposal of infirm, diseased and dead agricultural animals (in this section referred to as "fallen stock") which would have been collected by hunts but for the enactment or coming into force of the Schedule to this Act.

    (2) A scheme shall regulate—

    (a) the method of the collection and disposal of fallen stock,

    (b) procedures for the notification to the Secretary of State of the whereabouts of fallen stock and the requirements for its prompt collection and disposal,

    (c) any charges which may be imposed for the collection and disposal of fallen stock, provided always that such charges shall meet the cost of the scheme and no more.

    (3) In order to fulfil his obligations under subsection (2) the Secretary of State may appoint agents to act on his behalf on a regional or national basis.

    (4) A scheme under this section shall apply in all of England and Wales.

    (5) Before making a scheme under this section, the Secretary of State shall consult such persons as appear to him to be likely to have an interest in such a scheme and such organisations as appear to him to represent such persons.

    (6) The Secretary of State shall publish widely in appropriate journals the details of any scheme under this section.

    (7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.


Reports to Parliament

   

Mr David Lidington
Mr Edward Garnier
Mr John Bercow
Mr Keith Simpson

NC2

To move the following Clause:—

    '.—(1) Not later than 12 months after the coming into force of the Schedule to this Act the Secretary of State shall present to Parliament a report on the effects of this Act.

    (2) The report shall, in particular specify—

    (a) the economic effects,

    (b) the employment effects,

    (c) the effects on wildlife in the countryside,

    (d) any additional burdens on police forces,

    (e) any increase in animal rights activities in relation to shooting and fishing,

    (f) any environmental or human health consequences related to fallen stock,

    (g) the extent to which people in rural communities feel more or less excluded, and

    (h) statistics relating to the enforcement provisions in paragraphs 14 to 19 of the Schedule to this Act.'.


   

Mr David Lidington
Mr Edward Garnier
Mr John Bercow
Mr Keith Simpson

41

Page     2,     line     6     [Schedule],     at end insert—

    '1A.—A person does not commit an offence under paragraph 1 if he hunts a wild mammal with a dog in England and his hunting of that mammal began in Scotland.'.

   

Mr David Lidington
Mr Edward Garnier
Mr John Bercow
Mr Keith Simpson

42

Page     2,     line     6     [Schedule],     at end insert—

    '1B.—(1) Subject to sub-paragraph (3), a person does not commit an offence under paragraph 1 if he hunts a wild mammal with a dog in England only incidentally in the course of a hunt which begins and ends in Scotland.

    (2) A hunt begins in Scotland if the pursuit of the wild mammal begins in Scotland.

    (3) A hunt ends—

    (a) when the wild mammal is killed, or

    (b) by a decision to stop hunting

    and no offence is committed under paragraph 1 if the hunt begins in Scotland and the wild mammal is killed in England.

    (4) A wild mammal may not be dug out or bolted in England in the course of a hunt which begins and ends in Scotland.

    (5) Where sub-paragraph (1) applies, no offence shall be committed under paragraph 2, 3 or 4.'.


   

Mr David Lidington
Mr Edward Garnier
Mr John Bercow
Mr Keith Simpson

76

Page     3,     line     2     [Schedule],     at end insert—

'Hunting which begins in Scotland

    .—A person does not commit an offence under paragraph 1 if he hunts a wild mammal with a dog and his hunting of that mammal began in Scotland.'.

   

Mr David Lidington
Mr Edward Garnier
Mr John Bercow
Mr Keith Simpson

77

Page     3,     line     2     [Schedule],     at end insert—

'Hunting which begins and ends in Scotland

    .—(1) Subject to sub-paragraph (3), a person does not commit an offence under paragraph 1 if he hunts a wild mammal with a dog in England only incidentally in the course of a hunt which begins and ends in Scotland.

    (2) A hunt begins in Scotland if the pursuit of the wild mammal begins in Scotland.

    (3) A hunt ends—

    (a) when the wild mammal is killed, or

    (b) by a decision to stop hunting

    and no offence is committed under paragraph 1 if the hunt begins in Scotland and the wild mammal is killed in England.

    (4) A wild mammal may not be dug out or bolted in England in the course of a hunt which begins and ends in Scotland.

    (5) Where sub-paragraph (1) applies, no offence shall be committed under paragraph 2, 3 or 4.'.

   

Mr Douglas Hogg

62

Page     3,     line     6     [Schedule],     after     'a' insert 'deer, boar, mountjack,'.

   

Mr Douglas Hogg

63

Page     3,     line     6     [Schedule],     leave     out 'fox, hare or rabbit' and insert 'wild mammal'.

   

Mr Secretary Straw
Mrs Llin Golding

43

Page     3,     line     6     [Schedule],     leave out ', hare or rabbit' and insert 'or hare'.

   

Mr Douglas Hogg

64

Page     3,     line     11     [Schedule],     after     'a' insert 'deer, boar, mountjack,'.

   

Mr Douglas Hogg

65

Page     3,     line     11     [Schedule],     leave     out 'fox, hare or rabbit' and insert 'wild mammal'.

   

Mr Secretary Straw
Mrs Llin Golding

44

Page     3,     line     11     [Schedule],     leave out ', hare or rabbit' and insert 'or hare'.

   

Mr Douglas Hogg

66

Page     3,     line     20     [Schedule],     at     end insert ', or

    (d) for the purpose of shooting dead the mammal after it was found or flushed out.'.

   

Mr Douglas Hogg

67

Page     3,     line     25     [Schedule],     after     'the' insert 'deer, boar, mountjack,'.

   

Mr Douglas Hogg

68

Page     3,     line     25     [Schedule],     leave     out 'fox, hare or rabbit' and insert 'wild mammal'.

   

Mr Secretary Straw
Mrs Llin Golding

45

Page     3,     line     25     [Schedule],     leave out ', hare or rabbit' and insert 'or hare'.

   

Mr Douglas Hogg

69

Page     3,     line     31     [Schedule],     after     '(3)(c)' insert 'or (d)'.

   

Mr Secretary Straw
Mrs Llin Golding

46

Page     3,     line     37     [Schedule],     at end insert—

    '7A.—(1) It is a defence for a person charged with an offence under paragraph 1 to prove that—

    (a) the conduct to which the charge relates consisted of stalking a deer or flushing it out of cover, and

    (b) the conditions in this paragraph were met.

    (2) The first condition is—

    (a) that reasonable steps were taken for the purpose of ensuring that as soon as possible after being found or flushed out the deer would be shot dead, and

    (b) in particular, that any dog used in the stalking or flushing out was kept under sufficiently close control to ensure that it did not prevent or obstruct achievement of the objective mentioned in paragraph (a).

    (3) The second condition is that the stalking or flushing out took place entirely on land—

    (a) which belonged (within the meaning of paragraph 22) to the person doing the stalking or flushing out, or

    (b) which he had been permitted to use for that purpose by someone to whom the land belonged (within the meaning of that paragraph).'.

   

Mr Secretary Straw
Mrs Llin Golding

47

Page     3,     line     37     [Schedule],     at end insert—

    '7B. A person shall not be guilty of an offence under paragraph 1 if—

    (a) the only reason why he is not entitled to a defence under paragraph 7 or 7A is that he was not given permission to use land at a particular time, and

    (b) he reasonably believed at that time that the permission would have been granted if he had sought it.'.

   

Mr Dale Campbell-Savours

73

Page     3,     line     37     [Schedule],     at end insert—

    '.—(1) It is a defence for a person charged with an offence under paragraph 1 to prove that the conduct to which the charge relates consisted of using a dog for the control of foxes for the purpose of protecting sheep on a fell or moorland within a sheep grazing area in a designated National Park.

    (2) In this paragraph "designated" means designated in an order made by the Secretary of State.

    (3) An order under this paragraph shall be made by statutory instrument and shall not be made unless a draft has been laid before and approved by each House of Parliament.'.

 
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Prepared 27 Feb 2001