[HL] - RESPONSE
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
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