Select Committee on Delegated Powers and Regulatory Reform Seventh Report


ANNEX 3

WILD MAMMALS (PROTECTION) (AMENDMENT) (NO 2) BILL [HL] - RESPONSE FROM THE MEMBER IN CHARGE OF THE BILL

Letter from Lord Donoughue to the Chairman

I have seen the report of your Committee on my Mammals Bill and propose to amend it in line with the Committee's conclusions. This will be announced at Second Reading and amended in Committee Stage.

I will remove the reference to tribunals by deleting Clause 2A(1)(c) from s3 of the amending bill (the tribunals were there to match the tribunals in the Hunting Bill!).

I am willing to accept their view on the Code, even though I think they have misunderstood it, believing that a Code will determine whether or not a person has committed an offence. The code would be like the Highway Code, not part of the law and it will determine only whether a person has a self-standing and complete defence. But I am content to amend s2A(1)(a) and (b) to provide that the Code itself has to be the subject of regulations made by statutory instrument. We will attempt to work with DEFRA on that drafting.

18 December 2002



 
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