Orders of the Day — Wildlife and Countryside (Amendment) Bill

Part of the debate – in the House of Commons at 2:06 pm on 22 March 1991.

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Photo of Mr Ron Davies Mr Ron Davies , Caerphilly 2:06, 22 March 1991

I beg to move, That the Bill be now read the Third time.

This is the first opportunity that we have had to debate the Bill on the Floor of the House, because the Second Reading went through on the nod. The Committee stage a fortnight ago, lasted 34 minutes. On Report, the Bill was unopposed and unamended and I hope that the House will give the Bill an unopposed Third Reading.

I move the Third Reading with a sense of sadness. The Bill was originally presented to the House by the late Donald Coleman, who came 18th in the ballot for Bills last autumn. Donald was elected in 1964 to represent the Constituency of Neath. He was a senior and well-respected Member of Parliament and tributes have been paid to him. He died on 14 January on his way back to the House after the Christmas recess. I consulted the other sponsors of the Bill and his widow and we all agreed that he would have wanted us to continue with his Bill.

The Bill was conceived by the Royal Society for the Protection of Birds. Donald was interested not least because the Bill offers considerable protection to the red kite, which is the national bird of Wales. If the Bill reaches the statute book, it will be a fitting tribute to Donald Coleman and his love of our native wildlife and countryside.

The Bill amends the Wildlife and Countryside Act 1981, which is the prime legislation protecting wildlife in Britain. It is designed to strengthen that Act by plugging a loophole and allowing the prosecution of those who direct, or allow others to commit, offences of illegally killing wildlife. Sections 5 and 11 of the 1981 Act prohibit certain methods of killing or taking wild birds or other animals. It is an offence for any person to set in position an article of such a nature, and so place it, as to be calculated to cause bodily injury to any wild bird coming into contact with it. That includes a spring trap, gin, snare, hook and line, any electrical device for killing, stunning or frightening or any poisonous, poisoned or stupefying substance. It also outlaws other methods, including crossbows, any explosives other than ammunition for firearms, automatic and semi-automatic weapons and so on. Those offences are among the most serious that the Act creates and carry special penalties.

The Bill proposes an Amendment sections 5 and 11 of the Act by the insertion of another subsection, which provides for the prosecution of any person who knowingly causes or permits those frequently horrific offences. That is necessary because the Act is clearly failing in several areas in its intention to protect Britain's wildlife. For instance, figures collected by the Royal Society for the Protection of Birds show that last year alone protected species of birds of prey were involved in more than 530 incidents of poisoning, shooting, destruction or trapping. Those figures represent only the tip of the iceberg because it is difficult to obtain figures on what actually happens in the countryside. The public have limited access to many of the areas in which offences take place, and much of what is done is unreported.

Consideration of a species that we have an international obligation to protect—the red kite—will illustrate the seriousness of what has been happening and continues to happen. In 1989, 13 poisoned red kites were found in Great Britain. As the bird nests only in central Wales and as there are only 60 breeding pairs, the prospects for the viability of the population are seriously undermined by their unlawful destruction. The Bill will ensure that those who direct or permit others to bring about the destruction of such birds will be held responsible.

I offer the House an example of a case in Scotland in 1989. It would not be right to mention the names of those involved, but following investigation by the Department of Agriculture and Fisheries, a gamekeeper was prosecuted and convicted for laying poisonous substances that brought about the death of legally protected birds of prey. He informed the court that he had been instructed by his employer to lay the poison. He was in fear of his job and he followed instructions. He was found guilty and convicted of the offence, but in the eyes of the law his employer had committed no offence. This Bill will close that loophole and make employers responsible for the acts of those whom they employ.

This is a straightforward, small, but nevertheless important measure. I record my thanks to the RSPB for the ground work that it has done and for the way in which it has raised public interest in the illegal persecution of birds of prey. I also thank the head of the wildlife investigation department of the RSPB, Andy Jones, who has often put himself in peril in his investigations. Thirdly, I thank the sponsors of the Bill from all parties, most of whom attended to ensure that the Bill had an unimpeded passage in Committee. Finally I thank officials in the Department of the Environment, who were most helpful with drafting the Bill and tabling the necessary technical amendments in Committee. I also thank the Under-Secretary of State who has ensured the Bill's swift and unimpeded progress thus far. It has all-party support and I hope that it will continue to make progress today.

Amendment

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Second Reading

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amendment

As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.

Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.

In the end only a handful of amendments will be incorporated into any bill.

The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.

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