Clause 46 - Protection for nests of certain birds which re-use their nests
Natural Environment and Rural Communities Bill
5:30 pm
James Paice (Shadow Minister (Agriculture), Environment, Food & Rural Affairs; South East Cambridgeshire, Conservative)
I am grateful to the Minister for introducing clause 46 and for responding in advance to my new clause. He will be aware that the new clause was tabled at the behest of the RSPB, as were some of the other amendments that we have debated today. No doubt it will take note of what he has said.
In some ways, the Minister made the case for the new clause by referring to the 1981 Act and the changes introduced by the Countryside and Rights of Way Act 2000. The fact is that some of the provisions in the 2000 Act are inconsistent in their application—they do not necessarily apply to all the more serious offences. The word “reckless” is variable in value, and, as the Minister said, he has already carried out a consultation. I hesitate to bring in Scottish issues, because one of the benefits of devolution, if we believe in it, is that we do not all have to do the same thing. If we all had to have the same legislation, one would have to question why we had devolution. Nevertheless, the principle stands.
The RSPB’s argument is that the Bill needs to go a little further, which is why the new clause is drafted as it is. The RSPB is concerned about people who use the argument that they did not intend to kill something when it is clear that they were not giving the issue sufficient thought or were reckless. It gives an example of a fish farmer who shot a grey heron but claimed that he thought that it was a wood pigeon—Specsavers could help him, I am sure—and other examples.
Clearly, that is an issue, but I understand the Minister’s concern at extending the provision too widely. I am grateful that he is sympathetic to the overall objective and I assume from that and from his comments about the result of the consultation that he will table appropriate amendments at a later stage in the passage of the Bill. The measure would need to apply to animals; the fact that the new clause did not was an oversight by me and the RSPB. I hope that the Minister will table amendments on Report. I do not know when we will reach Report. Quite often, the Government do not table amendments until Bills go to the other place. There is no question of my being proprietorial, but when an issue has been raised in this House, it is nice for the Government to resolve it in this House, rather than waiting until the Bill goes to the other place.
I am grateful for the Minister’s general comments. I did not move the new clause, so I cannot withdraw it, but I am happy to support the clause generally.