Hunting Bill—
Amendments to be debated in the House of Lordscontinued

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After Schedule 1

 

THE BARONESS MALLALIEU
THE LORD CARLILE OF BERRIEW

100AInsert the following new Schedule—
 

"THE HUNTING TRIBUNAL

 

President and deputy

 1   (1)   The Lord Chancellor shall appoint a President of the Tribunal.
 5   (2)   A person may be appointed as President only if he—
(a)  has a ten year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41) (qualification for judicial and certain other appointments),
(b)  is an advocate or solicitor in Scotland of at least ten years' standing, or
(c)  is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least ten years' standing.
 2   (1)   The Lord Chancellor may appoint a member of the panel of chairmen of the Tribunal as deputy President of the Tribunal.
(2)      The deputy President—
(a)  may act for the President if he is unable to act or unavailable or during a vacancy in the office of President, and
(b)  shall perform such other functions as the President may assign or delegate to him.
 3      The Lord Chancellor may authorise a member of the panel of chairmen of the Tribunal—
(a)  to act for the President if he and the deputy President (if there is one) are unable to act or are unavailable,
(b)  to act for the President during a vacancy in that office if there is no deputy President, and
(c)  to act for the deputy President if he is unable to act or is unavailable.
 

Chairmen

30    4(1) The Lord Chancellor shall appoint persons to a panel of chairmen of the Tribunal.
(2)      A person may be appointed under this paragraph only if—
(a)  he has a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 (c. 41),
(b)  he is an advocate or solicitor in Scotland of at least seven years' standing, or
(c)  he is a member of the Bar of Northern Ireland, or a solicitor of the Supreme Court of Northern Ireland, of at least seven years' standing.
 

Members

 5   (1)   The Lord Chancellor shall appoint persons to a panel of members of the Tribunal.
(2)      A person may be appointed under this paragraph only if he—
(a)  is on the general list of veterinary surgeons (within the meaning of section 2 of the Veterinary Surgeons Act 1966 (c. 36) (register of veterinary surgeons)), or
49 (b)      has experience relating to the welfare of animals or the management of land which in the Lord Chancellor's opinion makes it appropriate to appoint him as a member of the Tribunal.
 

Tenure

 6   (1)   A person appointed under any of paragraphs 1 to 5 shall hold and vacate office in accordance with the terms of his appointment (subject to this paragraph).
(2)      A person appointed under any of paragraphs 1 to 5 may resign by notice in writing to the Lord Chancellor.
(3)      The Lord Chancellor may dismiss a person appointed under any of paragraphs 1 to 5—
(a)  on the grounds that he is unable or unwilling to perform his functions, or
(b)  for misbehaviour.
 

Proceedings

 7         The Tribunal shall sit in such places and at such times as the Lord Chancellor shall determine (and may hold more than one sitting at a time).
64
 8   (1)   The President shall make arrangements for determining which of the persons appointed under paragraphs 1 to 5 shall constitute the Tribunal at each sitting.
(2)      The arrangements shall, in particular, ensure that at each sitting the Tribunal consists of either—
(a)  the President or a member of the panel of chairmen, or
(b)  the President, or a member of the panel of chairmen, sitting with one member appointed under paragraph 5(2)(a) and one member appointed under paragraph 5(2)(b).
 9      Decisions of the Tribunal may be taken by majority vote.
 10      The President may give directions about the practice and procedure of the Tribunal.
 11      Rules under section (Hunting Tribunal) may, in particular, make provision—
(a)  about representation of parties;
(b)  about withdrawal of proceedings;
(c)  about the admission of members of the public to proceedings;
(d)  about recording and promulgating decisions;
(e)  by reference to a direction given or to be given by the President.
 

Evidence

 12      The Tribunal—
(a)  may call an expert witness to give evidence on a matter of fact arising in proceedings before it, and
(b)  may have regard to advice provided to it under section (Advisory Bodies).
 

Costs

 13      If the Tribunal thinks that a party to proceedings before it has acted unreasonably it may order the party to pay all or part of the costs incurred by another party to the proceedings.
 

Council on Tribunals

 14      In Part I of Schedule 1 to the Tribunals and Inquiries Act 1992 (c. 53) (tribunals under general supervision of Council) the following shall be inserted before paragraph 22—
"Hunting21B.   The Hunting Tribunal established by section (Hunting Tribunal) of the Hunting Act 2003."
 

Money

 15      The Lord Chancellor—
(a)  may pay sums by way of remuneration, allowances and expenses to a person appointed under any of paragraphs 1 to 5,
(b)  may pay sums by way of or in respect of a pension to a person appointed under any of paragraphs 1 to 5,
(c)  may make staff and other facilities available to the Tribunal, and
(d)  may pay sums by way of allowances and expenses to an expert witness called under paragraph 12."
 

[As amendments to amendment 100A]
THE LORD PALMER
THE LORD RENTON OF MOUNT HARRY

100B*Line 5, after "if" insert "he neither supports nor opposes hunting with dogs and if"
100C*Line 30, after "persons" insert "who neither support nor oppose hunting with dogs"
100D*Line 49, at end insert—
"(   )      No one shall be appointed to the panel who has been employed by, or is a member of, an organisation campaigning either for or against hunting with dogs."
 

THE LORD LIVSEY OF TALGARTH

100ELine 64, at end insert—
"(   )      The Tribunal shall sit in Wales when considering Welsh applications."
 

Schedule 2

 

THE LORD MANCROFT
THE BARONESS MALLALIEU

100FPage 10, line 3, leave out paragraph 1
100GPage 10, line 8, leave out paragraph 2
100HPage 10, line 11, leave out paragraph 3
100JPage 10, line 19, leave out paragraph 4
100KPage 10, line 25, after "is" insert "registered or"
 

Schedule 3

 

THE LORD MANCROFT
THE BARONESS MALLALIEU

100LPage 10, leave out lines 30 to 34
100MPage 10, leave out lines 35 and 36
100NPage 11, leave out lines 2 and 3
 

In the Title

 

THE BARONESS MALLALIEU
THE LORD CARLILE OF BERRIEW
THE EARL OF CAITNESS
THE LORD BROOKE OF SUTTON MANDEVILLE

101Line 1, leave out "to prohibit hare coursing;"

 
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27 October 2003