NOTICES OF AMENDMENTS
given up to and including
Monday 7th July 2003
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
HUNTING BILL, AS AMENDED
NEW CLAUSES
Compensation
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
Mr Hugo Swire
Mr Nicholas Soames
| Gregory Barker | Mr Peter Luff | Lembit Öpik
|
NC1
*To move the following Clause:—
'(1) The Secretary of State shall by order make a scheme for the making of payments to persons—
| (a) | whose business or employment is materially affected (whether by a reduction in profits or the incurring of losses) by reason of the enactment or coming into force of this Act, or |
| (b) | who are deprived of any services previously provided by hunts and as a result incur and are materially affected by costs, expenses or losses which would not have been incurred but for the enactment or coming into force of this Act. |
(2) A scheme shall, in particular, specify—
| (a) | the manner in which the losses, costs, expenses or reductions in profits may be calculated, and |
| (b) | the evidence which may be reasonably required to show the losses, costs, expenses or reductions in profits calculated in accordance with this section. |
(1) A scheme shall also, in particular—
| (a) | specify the basis of valuation for determining losses, |
| (b) | specify the amounts of the payments to be made or the basis on which such amounts are to be calculated, |
| (c) | provide for the procedure to be followed (including the time within which claims must be made and the provisions of information) in respect of claims under the scheme and for the determination of such claims. |
(4) Before making a scheme under this section, the Secretary of State shall consult such persons as appear to him to be likely to be entitled to payments under such a scheme and such organisations as appear to him to represent such persons.
(5) Subsection (6) applies to any dispute as to a person's entitlement to payments under a scheme or the amounts of any such payments which—
| (a) | has not been resolved within nine months of the day on which the original decision as to entitlements or amounts was notified in writing to the person concerned by the Secretary of State, and |
| (b) | has not been referred by agreement to arbitration. |
(6) The dispute shall be referred by the Secretary of State to such appellate body as he deems appropriate by order.
(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) In this section—
| | "losses" include losses of income and losses of capital; |
| | "materially affected" means affected by a reduction in profit or the incurring of losses, costs or expenses which may be measured by ordinary principles of commercial accountancy.'. |
Fallen stock
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
Mr Hugo Swire
Mr Nicholas Soames
| Gregory Barker | Mr Peter Luff
|
NC2
*To move the following Clause:—
'(1) This Act shall not come into force until the Secretary of State has by order made a scheme for the collection and disposal of infirm, diseased and dead agricultural animals (in this section referred to as "fallen stock") which would have been collected by hunts but for the enactment or coming into force of this Act.
(2) A scheme shall regulate—
| (a) | the method of the collection and disposal of fallen stock, |
| (b) | procedures for the notification to the Secretary of State of the whereabouts of fallen stock and the requirements for its prompt collection and disposal, and |
| (c) | any charges which may be imposed for collection and disposal of fallen stock, provided always that such charges shall meet the cost of the scheme and no more. |
(3) In order to fulfil his obligations under subsection (2) the Secretary of State may appoint agents to act on his behalf on a regional or national basis.
(4) A scheme under this section shall apply in all of England and Wales.
(5) Before making a scheme under this section, the Secretary of State shall consult such persons as appear to him to be likely to have an interest in such a scheme and such organisations as appear to him to represent such persons.
(6) The Secretary of State shall publish widely in appropriate journals the details of any scheme under this section.
(7) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.'.
Use of dogs to protect human safety
Lembit Öpik
Mr Peter Luff
NC3
*To move the following Clause:—
'The use of one or more dogs is exempt hunting if it can be shown by the landowner or occupier that, in the relevant area, the firearms used in the stalking of a wild mammal or the flushing out of a wild mammal, in accordance with section 1, are likely to endanger human safety.'.
Lembit Öpik
Mr Peter Luff
9
*Page 1, line 7 [Clause 1], at end insert 'or if section [Use of dogs to protect human safety] applies.'.
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
Mr Hugo Swire
Mr Nicholas Soames
| Gregory Barker | Mr Peter Luff | Lembit Öpik
|
1
*Page 5, line 13 [Clause 15], leave out 'three months' and insert 'one year'.
Gregory Barker
6
*Page 6, line 38 [Schedule 1], at end insert 'or paragraph 2A'.
Mr Colin Challen
4
*Page 7, line 8 [Schedule 1], leave out paragraph 2.
Lembit Öpik
Mr Peter Luff
7
*Page 7, line 9 [Schedule 1], leave out paragraph 2 and insert—
'Use of dogs below ground to protect birds and livestock and for wildlife management purposes
( ) The use of a dog below ground is exempt hunting if the conditions in this paragraph are satisfied, namely—
| (a) | that any such activity is carried out solely for the purpose of pest control when no other legal alternative is available; |
| (b) | that it is carried out by the landowner, or by an agent acting on his or her behalf; |
| (c) | that the intention is to flush out a wild mammal from below ground in order that it may be shot, or otherwise humanely dispatched; |
| (d) | that where that wild mammal is a fox, the intention is for it to be shot at the earliest possible opportunity by a suitably licensed shotgun or firearms holder who must be present throughout; |
| (e) | that none of the persons engaged in the activity, either directly as a participant (that is to say, either in control or possession of a dog, a shotgun or a firearm) or indirectly as an observer, has been convicted under the Wild Mammals Protection Act 1996, the Protection of Badgers Act 1992, the Protection of Animals Act 1911 or the Protection of Animals (Scotland) Act 1912; |
| (f) | that all persons directly engaged in the activity (that is to say, either in control or possession of a dog, a shotgun or a firearm) carry appropriate third party liability insurance cover; |
| (g) | that the wild mammal is not prevented in any way from escaping from below ground and that entrance and exit holes are left open, the only permitted obstructions being the placing of nets over entrance or exit holes; |
| (h) | that only one dog is normally permitted to enter below ground at any one time; |
| (i) | that any dog which is permitted to enter below ground is fitted with suitable electronic locating equipment with a manufacturer's minimum operational depth of 10 feet; |
| (j) | that every possible effort is made to ensure that the flushing out of any wild mammal in this manner is carried out as quickly and humanely as possible, and that any wild mammal flushed, or located and dug down to, is dispatched at the earliest possible opportunity; |
| (k) | that every possible effort is made to ensure that any orphaned offspring are also located at the same time and humanely dispatched; |
| (l) | that should it prove necessary to dig down to the dog or wild mammal, any such activity is carried out as quickly as possible and that particular care is taken to avoid any risk of causing of unnecessary suffering in accordance with sub-paragraphs (c), (d) and (j) above; |
| (m) | that upon completion of any digging operations, all excavations are backfilled, and the earth and surrounding area reinstated to as close as possible to its original condition.'. |
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
Mr Hugo Swire
Mr Nicholas Soames
| Gregory Barker | Mr Peter Luff | Lembit Öpik
|
2
*Page 7, line 13 [Schedule 1], after 'to', insert—
Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
Mr Hugo Swire
Mr Nicholas Soames
| Gregory Barker | Mr Peter Luff | Lembit Öpik
|
3
*Page 7, line 15 [Schedule 1], leave out from '(c.69))' to end of line 16 and insert—
| (c) | the biological diversity of an area (within the meaning of the United Nations Environmental Programme Convention on Biological Diversity of 1992).'. |
Lembit Öpik
Mr Peter Luff
8
*Page 7, line 15 [Schedule 1], leave out from '(c.69))' to end of line 16.
Gregory Barker
Lembit Öpik
Mr Peter Luff
5
*Page 7, line 45 [Schedule 1], at end insert—
'Use of dogs below ground to search for orphaned fox cubs
2A (1) The use of a dog below ground in the course of stalking or flushing out is in accordance with this paragraph if the conditions in this paragraph are satisfied.
(2) The first condition is that the stalking or flushing out is undertaken for the purpose of searching for fox cubs.
(3) The second condition is that the person doing the stalking or flushing out—
| (a) | has with him written evidence— |
| (i) | that the land on which the stalking or flushing out takes place belongs to him, or |
| (ii) | that he has been given permission to use that land for the purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs, and |
| (b) | makes the evidence immediately available for inspection by a constable who asks to see it. |
(4) The third condition is that the stalking or flushing out does not involve the use of more than one dog below ground at any one time.
(5) The fourth condition is that the hunter reasonably believes that the cubs are not capable of fending for themselves and that their mother is dead or seriously injured.
(6) The fifth condition is that reasonable steps are taken for the purpose of ensuring that as soon as possible after being found the fox cubs are killed.'.
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