Clause 8 - Tests for registration:
Hunting Bill
2:30 pm
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
We are dealing with amendments that seek to substitute the words ''pest control'' for the word ''hunting'' at many points in the Bill. I have considered the alternative wording since it was tabled and, because it does not alter the substance of the utility test, it would not alter the practical effect of the Bill. The test in clause 8(1) would remain the same and would clearly be about the control of pests for the purposes set out.
However, I have one reservation about making that straightforward change in terminology. Over the years, Parliament has sought to deal with the issue of hunting; to amend the Bill so that hunting was not referred to in clause 8 could be perceived as doing something rather different from what my hon. Friend the Member for Southampton, Test (Dr. Whitehead) seeks to do. As I understand it, he seeks to be clear about the purposes for which hunting would be allowed in future.
Having given some thought to the matter and having sought the advice of my legal advisers, I have offered my hon. Friend a form of words that would retain the reference to hunting, and therefore make it clear that we are dealing with hunting in the clause, but would go on to provide a reference to pest control. The term ''pest control'' would be inserted after the second ''is'' in line 12. We would then add the following:
''For the purposes of subsection (1) hunting is pest control if and only if it is''
and then we would go on to apply the tests. That would be a neat way of achieving what my hon. Friend is trying to do: namely, to make explicit the purposes for which any activities would be permitted after the Bill becomes law. It does not have the disadvantage of appearing to fudge the issue of whether we are dealing with hunting, which of course we are.
I believe that the Clerk has been able to make copies available to the Committee as an example, so that Members know what I am talking about. Copies are on the Table, but we cannot deal with the matter because the proposed amendment cannot be selected for discussion today. However, the proposed amendment relates to this area of the Bill, so we would be able to return to the point on Thursday. It would be to the advantage of the Committee for that amendment to be tabled today and for us to deal with it. In order to facilitate that, I suggest that my hon. Friend the Member for Southampton, Test should not push the lead amendment.
My hon. Friend seeks to make changes in other places; he has assiduously gone through the Bill and made a judgment about where the term ''pest control'' would be better than the word ''hunting''. Frankly, I
have not had an opportunity to sit down and consider all those places; there may be some places where the change makes sense and others where it does not. However, he would lose nothing by not pressing his point today. I believe that, in good order, we could pick up on those points during the discussion on Thursday.