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S.C.F.

Amendment Paper as at
Tuesday 25th February 2003

STANDING COMMITTEE F


HUNTING BILL

NOTE

The Amendments have been arranged in accordance with the Order of the Committee [7th January 2003].

NEW CLAUSES RELATING TO PART 1

Use of dogs below ground

   

Mr Michael Foster

NC11

To move the following Clause:—

       'Registration under Part 2 shall not be effected in respect of any hunting that involves the use of a dog below ground.'.


Lowland hunting of fox

   

Mr Michael Foster

NC12

To move the following Clause:—

       'Registration under Part 2 shall not be effected in respect of any hunting of fox in an area of land below an altitude of 500 metres above sea level.'.


Hares (No. 2)

   

Mr Colin Pickthall

NC15

To move the following Clause:—

       'Registration under Part 2 shall not be effected in respect of the hunting of hares of any species.'.


NEW SCHEDULES RELATING TO PART 1

   

Mr James Gray
Mr Peter Luff
Mr Edward Garnier
Mr Gregory Barker

NS2

To move the following Schedule:—

      'Licences

    1. A licence will be granted by the Secretary of State to the groups, clubs or individuals whose names and addresses appear in an appendix to the licence to use hounds or other dogs to hunt the species of wild mammal detailed in the appendix, in accordance with the following terms and conditions.

    2. All applications for licences to hunt mammals using dogs shall be made in writing to the Secretary of State, who may not unreasonably withhold such a licence, always understanding that the applicant undertakes to adhere to the terms of the licence.

    3. The licence shall be issued on a three-yearly basis.

    4. The licensee will pay a fee to cover the cost of the administration of the licence, which will be set from time to time by the Secretary of State but will initially be the sum of £50 for an individual, or £250 for a group.

    5. The Secretary of State will investigate any complaint made to him of an alleged breach of the terms of the licence, and if the allegation is well founded under English law, he may take appropriate action against any individual or group as he sees fit from the following:—

            (a)   issue a public warning or censure of any group or individual;

            (b)   appoint on such terms as he thinks fit a person to supervise the activities of the individual or group;

            (c)   suspend the licence for such period as he sees fit, but which may not be any longer than twelve months, after which the group or individual could re-apply;

            (d)   revoke the licence for an indefinite period;

            (e)   ban an individual from any of the licensed activities for life.

     Revocation of the licence shall only occur with twelve months notice in writing.

    6. The licence and its constraints shall extend to group officials and mounted and dismounted followers and to spectators who are members of the group or club. The licensee shall use reasonable endeavours to ensure that they comply with the terms of the licence.

    7. The licensee may only enter land to exercise the terms and conditions of this licence where he has obtained prior permission to do so from the individual or organisation that is legally responsible for the granting of such permission. On any occasion on which dogs stray onto land where there is no landowner's permission, the licensee will use reasonable endeavours to withdraw them as soon as practicable.

    8. The licensee will use reasonable endeavours to ensure that adequate and proper arrangements are made to protect the safety of participants, followers and any others who accept authority of the licensee.

    9. The licensee will use reasonable endeavours to ensure that statutory law and relevant byelaws are observed in proper exercise of the licence. In particular the licensee will take reasonable care—

            (a)   to prevent disturbance to agricultural livestock;

            (b)   to prevent disturbance other users of the land;

            (c)   to ensure that the fences, gates, tracks and other appurtenances over which the licence is exercised are left in good order to the satisfaction of the landowner; and

            (d)   to ensure compliance at all times with any statutory requirement relating to the protection or welfare of all animals.

    10. The licensee will use reasonable endeavours to ensure that group members, followers and spectators are fully aware of the terms of the licence including any instructions to minimise damage to property and disturbance to other wildlife, legitimate users of the countryside or neighbouring residents.

    11. The use of firearms is prohibited, with the exception of those firearms used for the humane destruction of wild animals.

    12. The digging out of wild mammals is only permitted for the purposes of wildlife management and with the express permission of the landowner or person with legal authority to exercise such permission; except where the wild mammal is injured or sick, when it may be dug out and humanely destroyed. In the event of a sick or injured mammal being dug out without the landowners's permission, the licensee must keep a written record that explains the justification for so doing.

    13. The licensee will submit a written report to the Secretary of State within thirty days of the final fixture under the terms of this licence detailing—

            (a)   the number of days on which licensed activities occurred;

            (b)   the number of the hunted mammals seen or disturbed;

            (c)   the number of the hunted mammals chased;

            (d)   the number of the hunted mammals killed; and

            (e)   any records pertaining to digging out under paragraph 12.

    14. The Secretary of State, or agencies appointed by him, will undertake the monitoring of activities, and from time to time may appoint officers to attend fixtures, in order to ensure compliance with the terms of the licence. The licensee will ensure that full co-operation is given to the appointed officers.

    15. The licensee will indemnify any third parties against any loss or damage, injury or death arising from the exercise of the licence. Groups and clubs will during the period of the licence maintain an insurance policy with a reputable insurance company to an amount of not less than £5 million in respect of any one claim. The amount of such insurance shall not limit the liability of the licensee. The licensee will produce the said insurance policy and receipt for the premium paid not more than 14 days after the issue of the licence.'.


   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

41

Clause     40,     page     15,     line     30,     at end insert 'or'.

   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

42

Clause     40,     page     15,     line     31,     leave out from 'provisions' to end of line 32.


   

Mr James Gray

291

Clause     42,     page     16,     line     33,     at end insert—

    '(4A)   A forfeiture order must, in the case of a dog, make specific provision for its care and well being.'.

   

Mr James Gray

292

Clause     42,     page     16,     line     34,     leave out 'dog,'.

   

Mr James Gray

293

Clause     42,     page     16,     line     39,     at end insert—

    '(5A)   Where a dog is forfeited it may not be destroyed, and if the court under subsection (6) below refuses an application by a person having an interest in that dog, it shall be re-homed unless there is no reasonable prospect of doing so.'.


   

Ms Candy Atherton
Diana Organ
Mr Russell Brown
Mr Tony Banks
Mr Eric Martlew
Mark Tami

216

Clause     43,     page     17,     line     26,     at end insert—

    '(6A)   The clerk of the court (within the meaning of section 141 of the Magistrates' Courts Act 1980) to which an application is made under subsection (4) shall notify the prescribed animal welfare bodies of the making of the application.'.

   

Ms Candy Atherton
Diana Organ
Mr Russell Brown
Mr Tony Banks
Mr Eric Martlew
Mark Tami

217

Clause     43,     page     17,     line     31,     at end insert 'and the prescribed animal welfare bodies'.


   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

359

Clause     45,     page     18,     line     4,     leave out 'includes, in particular' and insert 'is'.

   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

43

Clause     45,     page     18,     line     9,     leave out 'living wild' and insert 'is a deer, hare, fox or mink'.

   

Mr James Gray

294

Clause     45,     page     18,     line     11,     leave out 'includes, in particular, any case' and insert 'is'.

   

Mr James Gray
Mr Edward Garnier
Mr Hugo Swire
Gregory Barker

360

Clause     45,     page     18,     line     12,     after 'mammal', insert 'with the intention of killing or wounding it'.

   

Mr James Gray

95

Clause     45,     page     18,     line     13,     leave out from 'pursuit' to under in line 14 and insert '(by him or'.

   

Rob Marris

354

Clause     45,     page     18,     line     14,     at end insert ', or

      ( ) a person employs one or more dogs to attack or kill a wild mammal other than in self defence'.

 
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Prepared 25 Feb 2003