Clause 18 - Appeal to tribunal
Hunting Bill
9:45 am
Mr Alun Michael (Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs; Cardiff South and Penarth, Labour/Co-operative)
The hon. Gentleman is right that the hearings should not be a re-run of the Burns inquiry. Amendment No. 319 removes the right of a prescribed animal welfare body to appeal to the tribunal where the registrar has granted an application and provides for appeals to be by way of re-hearing. The provision allowing for a prescribed animal welfare body to appeal to the tribunal is fundamental to the appeal process. To remove it would unbalance the Bill by allowing an applicant to appeal against refusal by the registrar, but preventing a prescribed body appealing against the approval of an application. As set out in clause 19, the Bill is constructed to enable the tribunal to grant or refuse the application for registration by re-hearing the case from whichever party brings the appeal. I believe that that balance is right and I therefore resist amendment No. 319.
I think that the hon. Gentleman accepted that amendment No. 35 goes to the same point as the Government amendment, allowing the appeal against conditions by the applicant. As he accepted that it was not necessary to pursue his amendment, I shall not comment on it further.