Amendments proposed to the Hunting Bill, As Amended - continued House of Commons

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NEW SCHEDULE

Licences

   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

NS1

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 an 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 the 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 to 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 proctection 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 coutryside 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 landowner'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.'.


   

Secretary Margaret Beckett
Alun Michael

88

Page     22,     line     21     [Schedule     1],     leave out 'or'.

   

Secretary Margaret Beckett
Alun Michael

89

Page     22,     line     22     [Schedule     1],     at end insert—

   ', or

(c)   participation in a field trial.

(2A) In subsection (2)(c) "field trial" means a competition (other than a hare coursing event within the meaning of section 8) in which dogs—

(a)   flush animals out of cover or retrieve animals that have been shot (or both), and

(b)   are assessed as to their likely usefulness in connection with shooting.'.


   

Secretary Margaret Beckett
Alun Michael

90

Page     24,     line     11     [Schedule     1],     leave out 'diseased or'.

   

Secretary Margaret Beckett
Alun Michael

91

Page     24,     line     13     [Schedule     1],     leave out 'or treating its disease.'.

   

Secretary Margaret Beckett
Alun Michael

92

Page     24,     line     13     [Schedule     1],     at end insert—

'( ) The third condition is that the hunting does not involve the use of more than two dogs.'.

   

Secretary Margaret Beckett
Alun Michael

93

Page     24,     line     14     [Schedule     1],     leave out 'third' and insert 'fourth'.

   

Secretary Margaret Beckett
Alun Michael

94

Page     24,     line     16     [Schedule     1],     leave out 'fourth' and insert 'fifth'.

   

Secretary Margaret Beckett
Alun Michael

95

Page     24,     line     22     [Schedule     1],     leave out 'fifth' and insert 'sixth'.

   

Secretary Margaret Beckett
Alun Michael

96

Page     24,     line     25     [Schedule     1],     leave out 'or to treat its disease'.

   

Secretary Margaret Beckett
Alun Michael

97

Page     24,     line     29     [Schedule     1],     leave out 'sixth' and insert 'seventh'.

   

Secretary Margaret Beckett
Alun Michael

98

Page     24,     line     30     [Schedule     1],     at end insert—

'Research and observation

(1) The hunting of a wild mammal is exempt if the conditions in this paragraph are satisfied.

(2) The first condition is that the hunting is undertaken for the purpose of or in connection with the observation or study of the wild mammal.

(3) The second condition is that the hunting does not involve the use of more than two dogs.

(4) The third condition is that the hunting does not involve the use of a dog below ground.

(5) The fourth condition is that the hunting takes place on land—

(a)   which belongs to the hunter, or

(b)   which he has been given permission to use for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.

(6) The fifth condition is that each dog used in the hunt is kept under sufficiently close control to ensure that it does not injure the wild mammal.'.

   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

11

Page     24,     line     30     [Schedule     1],     at end insert—

'Shooting

    8     (1)   A person does not commit an offence if a dog flushes, pursues or kills a wild mammal in the course of walked up or driven shooting where that person had no intention to hunt or kill a wild mammal even though it was forseeable that a dog may hunt a wild mammal.

    (2)   For the purposes of this paragraph "a dog" means one or more dogs.'.

   

Mr James Gray
Mr Henry Bellingham
Mr Edward Garnier
Mr James Paice
Mr Peter Atkinson [R]

12

Page     24,     line     30     [Schedule     1],     at end insert—

Drag hunting

    8   A person who participates in a drag hunt does not commit an offence if a dog flushes or hunts a wild mammal, even where that flushing or hunting was a forseeable possibility, unless, having the responsibility for the control of the dog, he does not take reasonable steps to control the dog once the wild mammal has been flushed or hunted.'.

 
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Prepared 26 Jun 2003