1 Introduction
1. The proposal for the Regulatory Reform (Deer)
(England and Wales) Order 2007 was laid before the House on 18
December 2006 by the Department for Environment, Food and Rural
Affairs ("the Department"). We published our report
on the proposal on 2 April 2007.[2]
The draft Order was laid before the House on 5 July 2007, together
with an Explanatory Statement by the Department.[3]
2. The proposed Order would make a series of amendments
to the Deer Act 1991 with the aim of making it easier for individuals
to take action to control the deer population in England and Wales.
It would also introduce various new provisions to that Act which
aim at the enhancement of deer welfare, including the establishment
of close seasons for kinds of deer which are currently not protected
against killing at any time of year. In summary, the principal
effects of the Order are to amend the 1991 Act to achieve the
following purposes:
a) To permit .22 centre-fire rifles to be used
for shooting smaller species of deer;
b) To allow any reasonable means of humanely
despatching deer that are suffering due to injuries or disease;
c) To allow dependent deer to be taken or killed
if they have been deprived of, or are about to be deprived of,
their mother, at any time of year;
d) To enable licensed taking or killing during
the close season to prevent deterioration of the natural heritage;
e) To enable licensed taking or killing during
the close season to preserve public health and safety;
f) To enable licensed taking or killing at night
to prevent deterioration of the natural heritage;
g) To enable licensed taking or killing at night
to preserve public health and safety;
h) To enable licensed taking or killing at night
to prevent serious damage to property;
i) To shorten the close season for all female
deer to help allow better control of population numbers where
necessary, without increasing the welfare risks for dependent
young;
j) To introduce a new close season for Chinese
water deer from 1 April to 31 October inclusive;
k) To ensure the close season applies to hybrids
of a species as well as the parent species;
l) To amend the meaning of "mechanically
propelled vehicle" in the Deer Act to permit discharging
firearms or projecting missiles from a mechanically propelled
vehicle that is stationary.
3. The House has instructed us to examine the draft
Order against such of the criteria specified in Standing Order
No. 141(3) as are relevant. We are also required to consider the
extent to which the responsible Minister has had regard to any
resolutions or report of the Committee or to any other representations
made during the period for Parliamentary consideration.[4]
Our discussion of matters arising from our consideration is set
out below.
2 Fourth Report of Session 2006-07 HC 411. The Department
erroneously refers to this as the First Report in paragraph 5
of its Explanatory Statement. Back
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Copies of the draft Order and Explanatory Statement are available
to Members of Parliament from the Vote Office and to members of
the public from the Department. The draft Order is also available
from the Better Regulation Executive website: http://www.cabinetoffice.gov.uk/regulation/reform/orders/proposals.asp
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Standing Order No. 141(6) Back
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