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

6

Page     6,     line     38     [Schedule     1],     at end insert 'or paragraph 2A'.

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Lembit Öpik
Mr Peter Luff

7

Page     7,     line     8     [Schedule     1],     leave out paragraph 2 and insert—

'Use of dogs below ground to protect birds and livestock and for wildlife management purposes

    2        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 Colin Challen

4

Page     7,     line     8     [Schedule     1],     leave out paragraph 2.

   

Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
Mr Hugo Swire
Mr Nicholas Soames

2

Page     7,     line     13     [Schedule     1],     after 'to', insert—

'(a). 

   

Mr James Gray
Mr Edward Garnier
Mr John Gummer
Mr Adrian Flook
Mr Hugo Swire
Mr Nicholas Soames

3

Page     7,     line     15     [Schedule     1],     leave out from '(c.69))' to end of line 16 and insert—

'(b)	livestock, or

(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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Prepared 9 Jul 2003