S.C.B.
Amendment Paper as at
Tuesday 23rd January 2001
STANDING COMMITTEE B
New Amendments handed in are marked thus *
HUNTING BILL
(Except Clauses 1 to 4 and New Clauses)
Mr David Lidington
6
Schedule 3, page 19, line 28, leave out 'commits an offence' and insert 'is liable to a penalty imposed in accordance with paragraph 5'.
Mr David Lidington
1
Schedule 3, page 19, line 28, after 'mammal', insert 'other than a rodent'.
Mr David Lidington
2
Schedule 3, page 19, line 28, after 'mammal', insert 'other than a rabbit'.
Mr David Lidington
3
Schedule 3, page 19, line 28, after 'mammal', insert 'other than a mink'.
Mr David Lidington
41
Schedule 3, page 19, line 28, after 'mammal', insert 'other than one of a species designated in paragraph 2'.
Mr David Lidington
5
Schedule 3, page 19, line 28, leave out 'dog' and insert 'fox hound, stag hound or beagle'.
Mr David Lidington
4
Schedule 3, page 19, line 28, at end insert 'of a breed which has been bred for the purpose of pursuing foxes, hares or deer.'.
Mr David Lidington
43
Schedule 3, page 19, line 28, at end insert 'so as to cause unnecessary suffering to the wild mammal'.
Mr David Lidington
42
Schedule 3, page 19, line 28, at end insert—
'2.—(1) The Secretary of State may be order designate species of wild animal to which paragraph 1 does not apply.
(2) An order under this paragraph
(a) shall be made by statutory instrument, and
(b) shall not be made unless a draft has been laid before and approved by each House of Parliament.'.
Mr David Lidington
37
Schedule 3, page 19, line 29, leave out paragraph 2.
Mr David Lidington
7
Schedule 3, page 19, line 29, leave out 'commits an offence' and insert 'is liable to a penalty imposed in accordance with paragraph 5'.
Mr David Lidington
35
Schedule 3, page 19, line 29, leave out 'knowingly' and insert 'deliberately'.
Mr David Lidington
36
Schedule 3, page 19, line 29, leave out 'knowingly permits' and insert 'gives express permission for'.
Mr David Lidington
44
Schedule 3, page 19, line 32, leave out paragraph 3.
Mr David Lidington
8
Schedule 3, page 19, line 32, leave out 'commits an offence' and insert 'is liable to a penalty imposed in accordance with paragraph 5'.
Mr David Lidington
38
Schedule 3, page 19, line 32, leave out 'knowingly' and insert 'deliberately'.
Mr David Lidington
39
Schedule 3, page 19, line 32, leave out 'knowingly permits' and insert 'gives express permission for'.
Mr David Lidington
9
Schedule 3, page 19, line 35, leave out 'commits an offence' and insert 'is liable to a penalty imposed in accordance with paragraph 5'.
Mr David Lidington
10
Schedule 3, page 19, line 39, leave out 'commit an offence' and insert 'are liable to a penalty imposed in accordance with paragraph 5'.
Mr David Lidington
11
Schedule 3, page 20, line 4, leave out paragraph 5 and insert—
'5.—(1) A person liable to a penalty by virtue of paragraph 1, 2, 3 or 4 is liable to a penalty of an amount to be determined by the Secretary of State which shall not exceed the prescribed amount.
(2) The prescribed amount shall not exceed the sum which for the time being is equivalent to a fine of level 5 on the standard scale.
(3) A person liable to a penalty must pay the amount determined by the Secretary of State under sub-paragraph (1) to the Secretary of State before the end of the prescribed period.
(4) In this paragraph "prescribed" means prescribed in regulations made by the Secretary of State.
(5) Regulations made by the Secretary of State under this paragraph—
(a) shall be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Mr David Lidington
12
Schedule 3, page 20, line 5, leave out 'level 5' and insert 'level 1'.
Mr David Lidington
13
Schedule 3, page 20, line 5, leave out 'level 5' and insert 'level 2'.
Mr David Lidington
14
Schedule 3, page 20, line 5, leave out 'level 5' and insert 'level 3'.
Mr David Lidington
15
Schedule 3, page 20, line 5, leave out 'level 5' and insert 'level 4'.
Mr David Lidington
45
Schedule 3, page 20, line 9, after second 'the', insert 'express'.
Mr David Lidington
46
Schedule 3, page 20, line 9, leave out 'or connivance'.
Mr David Lidington
47
Schedule 3, page 20, line 16, at end insert—
'7. No. offence is committed under Part I of this Schedule where the hunting is carried out by a gun pack'.
Mr David Lidington
48
Schedule 3, page 20, line 19, leave out 'stalking and flushing out'.
Mr David Lidington
49
Schedule 3, page 20, line 19, at end insert—
'7.—(1) Hunting shall be permitted where
(a) it is conducted at the request of the landowner (within paragraph 22) in order to protect livestock, fish, fowl (including wild fowl), gamebirds, crops or grassland or trees, sapling or plants; or
(b) to manage the population of the quarry species in the interest of that species or other species of animals, birds or fish; and
(c) the person hunting the wild mammal reasonably believes that hunting is an appropriate means of achieving such protection or management having regard to all the circumstances (and including economic and conservation considerations) the welfare of the quarry species and other species of animals, bird or fish and the safety of other users of that or nearby land (including roads and other rights of way).
(2) The burden of proof shall be upon the prosecution to disprove the defence once raised by the defendant.'.
Mr David Lidington
16
Schedule 3, page 20, line 20, leave out 'charged with an offence' and insert 'liable to a penalty'.
Mr David Lidington
50
Schedule 3, page 20, line 21, leave out 'prove' and insert 'show'.
Mr David Lidington
51
Schedule 3, page 20, line 22, leave out 'stalking' and insert 'hunting'.
Mr David Lidington
52
Schedule 3, page 20, line 22, leave out 'fox, hare or rabbit' and insert 'wild mammal'.
Mr David Lidington
17
Schedule 3, page 20, line 25, leave out 'charged with an offence' and insert 'liable to a penalty'.
Mr David Lidington
53
Schedule 3, page 20, line 27, leave out 'fox, hare or rabbit' and insert 'wild mammal'.
Mr David Lidington
54
Schedule 3, page 20, line 28, leave out 'out of cover'.
Mr David Lidington
55
Schedule 3, page 20, line 30, leave out 'stalking or flushing out' and insert 'hunting'.
Mr David Lidington
56
Schedule 3, page 20, line 31, after 'livestock', insert 'fish'.
Mr David Lidington
57
Schedule 3, page 20, line 32, leave out 'or crops' and insert 'crops, grassland, plants or trees or to manage the population of the quarry species in the interests of that species or other species of animals, birds or fish.'.
Mr David Lidington
58
Schedule 3, page 20, line 34, leave out from 'consumption' to 'or' in line 35.
Mr David Lidington
59
Schedule 3, page 20, line 36, after 'hunt', insert 'or kill'.
Mr David Lidington
Mr Lembit Öpik
60
Schedule 3, page 20, line 38, leave out sub-paragraph (4).
Mr David Lidington
61
Schedule 3, page 20, line 38, after third 'the' insert 'deliberate'.
